,,ii #aafth ,,congress #b;d ,session ,s4 #dibd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #cj1 #bjbj,mr4 ,murphy 7for himself1 ,mrs4 ,murray1 ,mr4 ,casey1 ,mr4 ,kaine1 ,ms4 ,hassan1 ,ms4 ,baldwin1 ,mr4 ,van ,hollen1 ,ms4 ,duckworth1 ,mr4 ,booker1 ,mr4 ,brown1 ,mr4 ,blumenthal1 ,mr4 ,wyden1 ,ms4 ,warren1 ,mr4 ,sanders1 ,mr4 ,durbin1 and ,mrs4 ,gillibrand7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to prohibit and prevent seclusion1 mechanical restraint1 chemical restraint1 and dangerous restraints that restrict breathing1 and to prevent and reduce the use of physical restraint in schools1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,keeping ,all ,students ,safe ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,,title ,i--,prohibitions on restraint and seclusion and additional requirements,sec4 #aja4 ,prohibition1 additional requirements4,,title ,,ii--,state plan1 reporting requirements1 and grants for ,state educational agencies,sec4 #bja4 ,definitions of school4,sec4 #bjb4 ,state plan4,sec4 #bjc4 ,grants for ,state educational agencies4,,title ,,iii--,general provisions,sec4 #cja4 ,national assessment4,sec4 #cjb4 ,protection and advocacy systems4,sec4 #cjc4 ,schools operated or funded by the ,department of the ,interior or the ,department of ,defense4,sec4 #cjd4 ,rule of construction4,sec4 #cje4 ,applicability to private schools and home schools4,sec4 #cjf4 ,severability4,sec4 #cjg4 ,authorization of appropriations4 #b4 ,definitions ,in this ,act3 7#a7 ,chemical restraint ,the term chemical restraint means a drug or medication used on a student to control behavior or restrict freedom of movement that is not-- 7,a7 prescribed by a licensed physician1 or other qualified health professional acting under the scope of the professional's authority under ,state law1 for the standard treatment of a student's medical or psychiatric condition2 and 7,b7 administered as prescribed by the licensed physician or other qualified health professional acting under the scope of the professional's authority under ,state law4 7#b7 ,,esea terms ,the terms early childhood education program1 educational service agency1 elementary school1 local educational agency1 other staff1 paraprofessional1 parent1 school leader1 secondary school1 specialized instructional support personnel1 ,state1 and ,state educational agency have the meanings given the terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#c7 ,mechanical restraint ,the term mechanical restraint means the use of devices as a means of restricting a student's freedom of movement4 7#d7 ,physical escort ,the term physical escort means the temporary touching or holding of the hand1 wrist1 arm1 shoulder1 or back for the purpose of inducing a student who is acting out to walk to a safe location4 7#e7 ,physical restraint ,the term physical restraint means a personal restriction that immobilizes or reduces the ability of an individual to move the individual's arms1 legs1 torso1 or head freely1 except that such term does not include a physical escort1 mechanical restraint1 or chemical restraint4 7#f7 ,positive behavioral interventions and supports ,the term positive behavioral interventions and supports-- 7,a7 means a schoolwide1 systematic approach that embeds evidence-based practices and data-driven decision making to improve school climate and culture in order to achieve improved academic and social outcomes and increase learning for all students 7including students with the most complex and intensive behavioral needs72 and 7,b7 encompasses a range of systemic and individualized positive strategies to teach and reinforce school-expected behaviors1 while discouraging and diminishing undesirable behaviors4 7#g7 ,program ,the term program means-- 7,a7 all of the operations of a local educational agency1 system of vocational education1 or other school system2 7,b7 a program that serves children who receive services for which financial assistance is provided in accordance with the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq472 or 7,c7 an elementary school or secondary school that is not a public school that enrolls a student who receives special education and related services under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq474 7#h7 ,program personnel 7,a7 ,in ,general ,subject to subparagraph 7,b71 the term program personnel means any agent of a program1 including an individual who is employed by a program1 or who performs services for a program on a contractual basis1 including-- 7i7 school leaders2 7ii7 teachers2 7iii7 specialized instructional support personnel2 7iv7 paraprofessionals2 or 7v7 other staff4 7,b7 ,exclusion ,notwithstanding subparagraph 7,a71 program personnel shall not include a school resource officer or a school security guard4 7#i7 ,protection and advocacy system ,the term protection and advocacy system means a protection and advocacy system established under section #adc of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejdc74 7#aj7 ,school resource officer ,the term school resource officer means a sworn law enforcement officer who is-- 7,a7 assigned by the employing police department to a program2 7,b7 contracting with a program2 or 7,c7 employed by a program4 7#aa7 ,school security guard ,the term school security guard means an individual who is not a sworn law enforcement officer and who is responsible for addressing one or more of the following safety and crime prevention activities in and around a program3 7,a7 ,assisting program personnel in safety incidents4 7,b7 ,educating students in crime and illegal drug use prevention and safety4 7,c7 ,developing or expanding community justice initiatives for students4 7,d7 ,training students in conflict resolution and supporting restorative justice programs4 7,e7 ,serving as a liaison between the program and outside agencies1 including other law enforcement agencies4 7,f7 ,screening students or visitors to the program for prohibited items4 7#ab7 ,seclusion ,the term seclusion means the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving1 except that such term does not include a time out4 7#ac7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#ad7 ,special education school ,the term special education school means a school that focuses primarily on serving the needs of students with disabilities under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq47 or section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid74 7#ae7 ,state-approved crisis intervention training program ,the term ,state-approved crisis intervention training program means a training program approved by a ,state and the ,secretary that1 at a minimum1 provides-- 7,a7 training in evidence-based techniques shown to be effective in the prevention of physical restraint2 7,b7 evidence-based skills training related to positive behavioral interventions and supports1 safe physical escort1 conflict prevention1 understanding antecedents1 deescalation1 and conflict management2 7,c7 training in evidence-based techniques shown to be effective in keeping both school personnel and students safe when imposing physical restraint2 7,d7 training in first aid and cardiopulmonary resuscitation2 7,e7 information describing ,state policies and procedures to ensure compliance with section #aja2 and 7,f7 certification for school personnel1 school resource officers1 and school security guards in the techniques and skills described in subparagraphs 7,a7 through 7,d71 which shall be required to be renewed on a periodic basis4 7#af7 ,student ,the term student means-- 7,a7 for purposes of title ,i1 a student enrolled in a program2 and 7,b7 for purposes of title ,,ii1 a student enrolled in an elementary school or secondary school4 7#ag7 ,time out 7,a7 ,in general ,the term time out means a behavior management technique that may involve the separation of the student from the group or classroom in a non-locked setting4 7,b7 ,clarification ,the term time out does not include-- 7i7 seclusion2 or 7ii7 a separation of the student described in subparagraph 7,a7 from which such student is physically or otherwise prohibited from leaving4 ,i ,prohibitions on restraint and seclusion and additional requirements #aja4 ,prohibition1 additional requirements 7a7 ,prohibition ,no student shall be subjected to unlawful seclusion or restraint by program personnel1 a school resource officer1 or a school security guard1 while attending any program that receives ,federal financial assistance4 7b7 ,unlawful seclusion or restraint defined 7#a7 ,in general ,in this section1 the term unlawful seclusion or restraint means-- 7,a7 seclusion2 7,b7 mechanical restraint2 7,c7 chemical restraint2 7,d7 physical restraint or physical escort that is life threatening1 that restricts breathing1 or that restricts blood flow to the brain1 including prone and supine restraint2 7,e7 physical restraint that is contraindicated based on the student's disability1 health care needs1 or medical or psychiatric condition1 as documented in-- 7i7 a health care directive or medical management plan2 7ii7 a behavior intervention plan2 7iii7 an individualized education program or an individualized family service plan 7as defined in section #fjb of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja772 7iv7 a plan developed pursuant to section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid7 or title ,,ii of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaca et seq472 or 7v7 another relevant record made available to the ,state or program involved2 or 7,f7 physical restraint that is not in compliance with subsection 7e77#a74 7#b7 ,not included ,the term unlawful seclusion or restraint shall not include-- 7,a7 a time out2 or 7,b7 a device implemented by trained school personnel1 or utilized by a student1 for the specific and approved therapeutic or safety purposes for which such devices were designed and1 if applicable1 prescribed1 provided that such devices are not used to purposefully cause a student pain as a means of behavioral modification1 including-- 7i7 restraints for medical immobilization2 7ii7 adaptive devices or mechanical supports used to achieve proper body position1 balance1 or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports2 or 7iii7 vehicle safety restraints when used as intended during the transport of a student in a moving vehicle4 7c7 ,private right of action 7#a7 ,in general ,a student who has been subjected to unlawful seclusion or restraint in violation of subsection 7a71 or the parent of such student1 may file a civil action against the program under which the violation is alleged to have occurred in an appropriate district court of the ,united ,states or in ,state court for declaratory judgement1 injunctive relief1 compensatory relief1 attorneys' fees1 or expert fees4 7#b7 ,limitation on liability ,program personnel shall not be liable to any person in a proceeding described in paragraph 7#a7 or in an arbitration proceeding for a violation of subsection 7a74 7#c7 ,no sovereign immunity ,no program shall be immune under the ,eleventh ,amendment of the ,constitution of the ,united ,states from suit in ,federal or ,state court for a violation of subsection 7a7 of this section4 7d7 ,enforcement 7#a7 ,investigations 7,a7 ,in ,general ,the ,secretary shall address any complaints alleging a violation of subsection 7a7 by an entity described in subparagraphs 7,a7 or 7,c7 of section #b7g7 for an appropriate investigation4 7,b7 ,head ,start ,the ,secretary of ,health and ,human ,services shall address any complaints alleging a violation of subsection 7a7 by an entity described in section #b7g77;,b7 for an appropriate investigation4 7#b7 ,withholding payments ,in the event a student has been subjected to unlawful seclusion or restraint in violation of subsection 7a71 the ,secretary shall withhold from the program under which the violation occurred1 in whole or in part1 further payments 7including payments for administrative costs7 in accordance with section #dee of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcd;d74 7#c7 ,head start programs ,the ,secretary of ,health and ,human ,services1 in coordination with the ,secretary1 shall-- 7,a7 ensure that entities described in section #b7g77;,b7 meet the requirements described in subsection 7e72 7,b7 promulgate regulations with respect to how the reporting requirements described in section #bjb7;b7 shall be carried out with respect to ,head ,start agencies 7including ,early ,head ,start agencies7 under the ,head ,start ,act 7#db ,u4,s4,c4 #ihja et seq472 and 7,c7 in the event a student served by a program that serves children who receive services for which financial assistance is provided in accordance with the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq47 has been subjected to unlawful seclusion or restraint in violation of subsection 7a71 withhold from the program under which the violation occurred1 in whole or in part1 further payments 7including payments for administrative costs7 in accordance with section #fdf of the ,head ,start ,act 7#db ,u4,s4,c4 #ihda74 7e7 ,additional ,requirements ,the ,secretary shall ensure that each program that receives ,federal financial assistance meets the following requirements3 7#a7 ,physical restraint ,the use of physical restraint by any program personnel1 a school security guard1 or a school resource officer shall be considered in compliance with the requirements of this subsection only if each of the following requirements are met3 7,a7 ,the student's behavior poses an imminent danger of serious physical injury to the student1 program personnel1 a school security guard1 a school resource officer1 or another individual4 7,b7 ,before using physical restraint1 less restrictive interventions would be ineffective in stopping such imminent danger of serious physical injury4 7,c7 ,such physical restraint is imposed by-- 7i7 program personnel1 a school security guard1 or a school resource officer trained and certified by a ,state-approved crisis intervention training program2 or 7ii7 program personnel1 a school security guard1 or a school resource officer not trained and certified as described in clause 7i71 in the case of a rare and clearly unavoidable emergency circumstance when program personnel1 a school security guard1 or a school resource officer trained and certified as described in clause 7i7 is not immediately available due to the unforeseeable nature of the emergency circumstance4 7,d7 ,such physical restraint ends immediately upon the cessation of the imminent danger of serious physical injury to the student1 any program personnel1 a school security guard1 a school resource officer1 or another individual4 7,e7 ,the physical restraint does not interfere with the student's ability to communicate in the student's primary language or primary mode of communication4 7,f7 ,during the physical restraint1 the least amount of force necessary is used to protect the student or others from the threatened injury4 7#b7 ,training ,each ,state1 in consultation with program officials and ,state ,directors of ,head ,start ,collaboration 7as described in section #fdb;,b of the ,head ,start ,act 7#db ,u4,s4,c4 #ihcg;b771 shall ensure that a sufficient number of program personnel are trained and certified by a ,state-approved crisis intervention training program to meet the needs of the specific student population in each program4 7#c7 ,prohibition on planned intervention ,the use of physical restraint as a planned intervention shall not be written into a student's education plan1 individual safety plan1 behavioral intervention plan1 or individualized education program 7as defined in section #fjb of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja771 except that a program may establish policies and procedures for use of physical restraint in program safety or crisis plans1 provided that such a plan is not specific to any individual student4 7#d7 ,procedures following physical restraint ,each program shall establish procedures to be followed after an incident involving the imposition of physical restraint upon a student1 which shall include each of the following3 7,a7 ,procedures to provide to the parent of the student1 with respect to such incident-- 7i7 an immediate verbal or electronic communication1 as soon as is practicable and not later than the same day as the incident2 and 7ii7 written notification1 as soon as is practicable1 and not later than #bd hours after the incident that shall include1 at minimum-- 7,i7 a description of the incident1 including precipitating events2 7,,ii7 positive interventions used prior to restraint2 7,,iii7 the length of time of restraint2 and 7,,iv7 a description of the serious physical injury of the student or others that occurred or was about to occur that necessitated the use of restraint4 7,b7 ,a meeting between parents of the student and the program1 as soon as is practicable1 and not later than #e school days following the incident 7unless such meeting is delayed by written mutual agreement of the parent and program7-- 7i7 which meeting shall include1 at a minimum-- 7,i7 the parent of such student2 7,,ii7 the student involved 7if appropriate72 7,,iii7 the program personnel1 school resource officer1 or school security guard who imposed the restraint2 7,,iv7 a teacher of such student2 7,v7 a program leader of such student2 and 7,,vi7 an expert on behavior interventions1 who may be a special education teacher2 7ii7 the purpose of which shall be to discuss the incident1 as described by both the student and the program personnel1 school resource officer1 or school security guard involved1 including-- 7,i7 any precipitating events2 7,,ii7 how the incident occurred2 and 7,,iii7 prior positive behavioral interventions and supports used to deescalate the situation2 and 7iii7 which meeting shall include-- 7,i7 the discussion of proactive strategies to prevent future need for the use of physical restraint2 7,,ii7 7aa7 for a student identified as eligible to receive accommodations under section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid7 or title ,,ii of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaca et seq471 or accommodations or special education or related services under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq471 a discussion of the need for a functional behavioral assessment and a behavior intervention plan2 or 7bb7 for a student not identified as eligible to receive accommodations under the provisions of law described in item 7aa71 evidence of a referral for such accommodations or special education or related services1 or documentation of the basis for declining to make such a referral for the student2 and 7,,iii7 providing to the parent1 for use during the meeting1 a written statement from each adult witness who was in the proximity of the student immediately before and during the time of the physical restraint1 but was not directly involved in such restraint4 ,,ii ,state plan1 reporting requirements1 and grants for ,state educational agencies #bja4 ,definitions ,in this title3 7#a7 ,school ,the term school means an elementary school1 secondary school1 or special education school4 7#b7 ,head ,start program ,the term ,head ,start program means a program that serves children who receive services for which financial assistance is provided in accordance with the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq474 #bjb4 ,state plan 7a7 ,state plan ,not later than #b years after the date of enactment of this ,act and each year thereafter1 each ,state educational agency shall submit to the ,secretary a ,state plan that provides-- 7#a7 demonstrations to the ,secretary that the ,state has in effect-- 7,a7 ,state policies and procedures that comply with section #aja1 including with respect to ,state-approved crisis intervention training programs2 and 7,b7 a ,state mechanism to effectively monitor and enforce compliance with section #aja2 7#b7 a description of the ,state policies and procedures1 including a description of the ,state-approved crisis intervention training programs in such ,state and how the ,state ensures accurate and timely reporting to the ,department of ,education2 7#c7 a description of the ,state plan to ensure program personnel1 students1 and parents 7including private school personnel1 students1 and parents7 are aware of the ,state policies and procedures2 7#d7 a description of the ,state activities described in the ,state's plan under section #aaaa7;g7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa7;g77 that reduce aversive behavioral interventions and improve school conditions2 7#e7 for public comment-- 7,a7 not less than #fj days prior to submission of the ,state plan1 which shall provide stakeholders with the opportunity to provide written comments on the ,state plan1 which shall be included in the ,state plan1 including-- 7i7 how the policies and procedures comply with section #aja2 7ii7 the policies and procedures related to ,state-approved crisis intervention programs2 7iii7 training provided to program personnel2 and 7iv7 notification procedures for parents2 and 7,b7 notice of which shall be provided in an accessible format1 which is compliant with the most recent ,web ,content ,accessibility ,guidelines1 or successor guidelines1 for stakeholders and posted on a website2 7#f7 written response to the public comments provided by stakeholders under paragraph 7#e72 and 7#g7 a description of ,state oversight of schools that includes-- 7,a7 monitoring use of restraint in the schools2 7,b7 monitoring compliance with the prohibition on seclusion in schools2 7,c7 not less than every #f months1 discussions between ,state educational agency officials and school leaders to examine the progress of reducing the use of physical restraint in schools2 7,d7 not less than annual site visits to the special education schools in the ,state2 and 7,e7 technical assistance to focus on the use of proactive1 positive behavioral interventions and supports4 7b7 ,reporting 7#a7 ,reporting requirements ,not later than #b years after the date of enactment of this ,act1 and each year thereafter-- 7,a7 each ,state educational agency shall 7in compliance with the requirements of section #ddd of the ,general ,education ,provisions ,act 7commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd7 7#bj ,u4,s4,c4 #abcb;g77 prepare and submit to the ,secretary1 and make available to the public1 a report that includes the information described in paragraph 7#b71 with respect to each local educational agency1 each special education school1 and each school not under the jurisdiction of a local educational agency1 located in the same ,state as such ,state educational agency2 and 7,b7 each ,head ,start agency 7including each ,early ,head ,start agency7 designated under the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq47 shall prepare and submit to the ,secretary and the ,secretary of ,health and ,human ,services1 and make available to the public1 a report that includes the information described in paragraph 7#b71 except that-- 7i7 such information shall be provided with respect to each program served by the agency and with respect to children enrolled in ,head ,start programs2 and 7ii7 the information described in subclause 7,,ii77bb71 subclause 7,,iii71 and subclause 7,,iv7 of paragraph 7#b77;,b77i7 shall not be required4 7#b7 ,information requirements 7,a7 ,general information requirements ,the report described in paragraph 7#a7 shall include with respect to physical restraint imposed upon students in the preceding full academic or program year-- 7i7 the total number of such incidents2 7ii7 the total number of students upon whom such physical restraint was imposed2 7iii7 in the case in which such physical restraint was imposed more than twice on a student1 the number of times such student or child was so restrained2 and 7iv7 the total number of such incidents where the use of physical restraint is referred to law enforcement4 7,b7 ,disaggregation 7i7 ,general disaggregation requirements ,the information described in subparagraph 7,a7 shall be disaggregated as follows3 7,i7 ,with respect to the total number of incidents in which physical restraint was imposed upon a student1 disaggregated by each of the following3 7aa7 ,by those that resulted in injury4 7bb7 ,by those that resulted in death4 7cc7 ,by those in which the program personnel imposing physical restraint was not trained and certified1 as described in section #aja7;e77#a77;,c77i74 7,,ii7 ,by the demographic characteristics of all students upon whom physical restraint was imposed1 including disaggregation-- 7aa7 by each major racial and ethnic group1 economically disadvantaged students as compared to students who are not economically disadvantaged1 ,english proficiency status1 and sex2 7bb7 by students with an individualized education program under section #fad7;d7 of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adad7;d772 7cc7 by students who have a plan developed pursuant to section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid72 and 7dd7 by students who have a plan developed pursuant to title ,,ii of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaca et seq474 7,,iii7 ,by the total number of incidents of physical restraint in which a school resource officer or school security guard was involved1 which may include the school resource officer or school security guard imposing the physical restraint or assisting with the physical restraint4 7,,iv7 ,by the type of school1 including disaggregation by special education school1 charter school1 and private school4 7ii7 ,unduplicated count2 exception ,the information and disaggregation required under subparagraphs 7,a7 and 7,b7 shall-- 7,i7 be carried out in a manner to ensure an unduplicated count of the total number of incidents in the preceding full academic year in which physical restraint was imposed upon a student2 and 7,,ii7 not be required in a case in which the number of students in a category would reveal personally identifiable information about an individual student4 #bjc4 ,grants for ,state educational agencies 7a7 ,grants authorized 7#a7 ,in general ,from the amount appropriated under section #cjg to carry out this section for a fiscal year1 the ,secretary shall award grants to ,state educational agencies with an application approved under subsection 7c71 on the basis of their relative need1 as determined with the ,secretary in accordance with paragraph 7#b71 to assist the ,state educational agencies in-- 7,a7 establishing1 implementing1 and enforcing the policies and procedures that ensure compliance with section #aja2 7,b7 improving ,state and local capacity to collect and analyze data related to physical restraint2 and 7,c7 improving school climate and culture by implementing schoolwide positive behavioral interventions and supports1 mental health supports1 restorative justice programs1 trauma-informed care1 and crisis and de-escalation interventions4 7#b7 ,determination of relative need ,in determining the relative need of ,state educational agencies under paragraph 7#a71 the ,secretary shall consider-- 7,a7 the physical restraint and seclusion incidents that occurred at a school served by the ,state educational agencies for the most recent academic year for which data are available2 7,b7 the capacity needs of the ,state educational agency and the local educational agencies served by the ,state educational agency to collect and analyze the data described in paragraph 7#a77;,b72 and 7,c7 whether the ,state educational agency has been carrying out the activities described in paragraph 7#a77;,c7 and1 if so1 how the activities are being implemented4 7#c7 ,report ,the ,secretary shall provide a report to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and ,labor of the ,house of ,representatives not later than #fj days after the date the ,secretary awards a grant to a ,state under this section detailing why the ,state was chosen and how the criteria described in subparagraphs 7,a71 7,b71 and 7,c7 of paragraph 7#b7 were applied to select the ,state4 7b7 ,duration of grant ,a grant under this section shall be awarded to a ,state educational agency for a #c-year period4 7c7 ,application 7#a7 ,in general ,to be eligible to receive a grant under this section1 each ,state educational agency desiring a grant shall submit an application to the ,secretary at such time1 in such manner1 and accompanied by such information as the ,secretary may require4 7#b7 ,contents ,each application submitted under paragraph 7#a7 shall include-- 7,a7 the total number of incidents in which physical restraint was imposed upon students for the most recent school year2 7,b7 the total number of incidents in which seclusion was imposed upon students for the most recent school year2 7,c7 a description of the ,state's data collection policies and procedures2 7,d7 a description of crisis intervention or prevention trainings used in the ,state to prevent or reduce physical restraint and seclusion 7if applicable72 7,e7 a description of statewide initiatives regarding school climate and culture 7if applicable71 such as schoolwide positive behavioral interventions and supports1 mental health supports1 restorative justice programs1 trauma-informed care1 and crisis and de-escalation interventions2 7,f7 a description of activities to be funded under the grant and the goals of such activities1 including how the activities will eliminate seclusion and reduce and prevent physical restraint2 and 7,g7 a description of how the activities under the grant will coordinate and align with current ,federal1 ,state1 and local policies1 programs1 or activities regarding seclusion and physical restraint1 crisis intervention1 and school climate or culture4 7d7 ,authority ,to make subgrants 7#a7 ,in general ,a ,state educational agency receiving a grant under this section may use such grant funds to award subgrants1 in the manner determined by the ,state educational agency1 to local educational agencies served by the ,state educational agency4 7#b7 ,application ,a local educational agency desiring to receive a subgrant under this section shall submit an application to the applicable ,state educational agency at such time1 in such manner1 and containing such information as the ,state educational agency may require4 7#c7 ,early childhood education program participation ,a local educational agency receiving subgrant funds under this section shall ensure that educators working in an early childhood education program1 as defined in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc71 may participate1 to the extent practicable1 on an equitable basis in activities supported by subgrant funds under this section that are trainings on developmentally appropriate practices for meeting the needs of young children4 7e7 ,private school participation 7#a7 ,in general ,a local educational agency receiving subgrant funds under this section shall1 after timely and meaningful consultation with appropriate private school officials1 ensure that private school personnel may participate1 on an equitable basis1 in activities supported by subgrant funds under this section4 7#b7 ,public control of funds ,the control of grant and subgrant funds under this section1 and title to materials1 equipment1 and property purchased with such funds1 shall be in a public agency for the uses and purposes provided in this ,act1 and a public agency shall administer such funds1 materials1 equipment1 and property4 7#c7 ,provision of services 7,a7 ,in general ,services described under this section shall be provided-- 7i7 by employees of a public agency2 or 7ii7 through contract by the public agency with an individual or entity4 7,b7 ,independence2 public agency ,an individual or entity described in subparagraph 7,a77ii7 that contracts with a public agency to provide services under this section shall be independent of a private school and of any religious organization4 ,individuals providing such services shall be employed by and under the control and supervision of the public agency4 7,c7 ,commingling of funds prohibited ,funds used to provide services under this section shall not be commingled with non-,federal funds4 7f7 ,required activities ,a ,state educational agency receiving a grant1 or a local educational agency receiving a subgrant1 under this section shall use such grant or subgrant funds to carry out the following3 7#a7 ,establishing and implementing policies to prohibit seclusion1 mechanical restraint1 chemical restraint1 and other forms of prohibited restraint in schools1 consistent with section #aja4 7#b7 ,implementing and evaluating strategies and procedures to prevent seclusion and to prevent and reduce physical restraint in schools1 consistent with such policies4 7#c7 ,providing professional development1 training1 and certification for school personnel to comply with such policies4 7#d7 ,analyzing the information included in a report prepared under section #bjb7;b7 to identify student1 school personnel1 and school needs related to preventing seclusion1 and preventing and reducing the use of physical restraint4 7#e7 ,providing training to school resource officers1 school security guards1 and1 as appropriate1 school personnel1 on how to comply with education and civil rights laws1 including the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq47 and the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 when interacting with students with disabilities1 including1 when conducting law enforcement activities involving students with disabilities4 7g7 ,additional authorized activities ,in addition to the required activities described in subsection 7f71 a ,state educational agency receiving a grant1 or a local educational agency receiving a subgrant1 under this section may use such grant or subgrant funds for one or more of the following3 7#a7 ,developing and implementing high-quality professional development and training programs to implement evidence-based systematic approaches to schoolwide positive behavioral interventions and supports1 including improving coaching1 facilitation1 and training capacity for administrators1 school leaders1 teachers1 specialized instructional support personnel1 paraprofessionals1 and other staff4 7#b7 ,providing technical assistance to implement evidence-based systematic approaches to schoolwide positive behavioral interventions and supports1 including technical assistance for data-driven decision making related to behavioral supports and interventions in the classroom4 7#c7 ,researching1 evaluating1 and disseminating high-quality evidence-based programs and activities that implement schoolwide positive behavioral interventions and supports with fidelity4 7#d7 ,supporting other local positive behavioral interventions and supports implementation activities consistent with this subsection4 7#e7 ,developing1 implementing1 and providing technical assistance to support evidence-based programs that reduce the likelihood of physical restraint1 such as mental health supports1 restorative justice programs1 trauma-informed care1 and crisis and de-escalation interventions4 7h7 ,evaluation and report ,each ,state educational agency receiving a grant under this section shall1 at the end of the #c-year grant period for such grant-- 7#a7 evaluate the ,state's progress toward the elimination of seclusion and the prevention and reduction of physical restraint in the schools located in the ,state1 consistent with section #aja2 7#b7 submit to the ,secretary a report on such progress2 and 7#c7 publish such report on the ,state educational agency website in an accessible format4 ,,iii ,general provisions #cja4 ,national assessment 7a7 ,national assessment ,the ,secretary shall carry out a national assessment to determine the effectiveness of this ,act1 which shall include-- 7#a7 analyzing data related to incidents of physical restraint in schools and programs that serve children who receive services for which financial assistance is provided in accordance with the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq47 7referred to in this title as ,head ,start programs72 7#b7 analyzing the effectiveness of ,federal1 ,state1 and local efforts to eliminate seclusion and prevent and reduce the number of physical restraint incidents in schools and ,head ,start programs2 7#c7 identifying the types of programs and services that have demonstrated the greatest effectiveness in eliminating and preventing seclusion and preventing and reducing the number of physical restraint incidents in schools and ,head ,start programs2 and 7#d7 identifying evidence-based personnel training models with demonstrated success in preventing seclusion and preventing and reducing the number of physical restraint incidents in schools and ,head ,start programs1 including models that emphasize positive behavioral interventions and supports and de-escalation techniques over physical intervention4 7b7 ,report ,the ,secretary shall submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and ,labor of the ,house of ,representatives-- 7#a7 not later than #c years after the date of the enactment of this ,act1 an interim report that summarizes the preliminary findings of the assessment described in subsection 7a72 and 7#b7 not later than #e years after the date of the enactment of this ,act1 a final report of the findings of the assessment4 #cjb4 ,protection and advocacy systems 7a7 ,notification ,in a case in which physical injury or death of a student or of a child enrolled in a ,head ,start program occurs in conjunction with the use of seclusion or physical restraint or any intervention used to control behavior at a school or ,head ,start program1 the local educational agency serving such school or the agency administering a ,head ,start program under the ,head ,start ,act 7#db ,u4,s4,c4 #ihja et seq47 shall have procedures to-- 7#a7 notify1 in writing1 not later than #bd hours after such injury or death occurs-- 7,a7 the ,state educational agency1 or in the case of an agency administering a ,head ,start program1 the appropriate official at the ,department of ,health and ,human ,services2 7,b7 the local law enforcement agency2 and 7,c7 the relevant protection and advocacy system2 and 7#b7 provide any information that the protection and advocacy system may require4 7b7 ,restatement of authority ,protection and advocacy systems shall have the same authorities and rights provided under subtitle ,c of title ,i of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejda et seq47 with respect to protections provided for students or children enrolled in ,head ,start programs under this ,act when such students or children are otherwise eligible to be clients of the protection and advocacy system1 including investigating1 monitoring1 and enforcing such protections4 #cjc4 ,schools operated or funded by the ,department of the ,interior or the ,department of ,defense 7a7 ,schools operated or funded by ,department of the ,interior ,the ,secretary of the ,interior shall promulgate regulations to ensure that schools operated or funded by the ,department of the ,interior comply with the requirements of title ,i and section #bjb7;b74 7b7 ,schools operated or funded by the ,department of ,defense ,the ,secretary of ,defense shall promulgate regulations to ensure that schools operated or funded by the ,department of ,defense ,education ,activity or otherwise operated or funded by the ,department of ,defense for the education of military-connected dependents 7as described in subparagraph 7,b7 or 7,d77i7 of section #gjjc7;a77#a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ggjc7;a77#a777 comply with the requirements of title ,i and section #bjb7;b74 #cjd4 ,rule of construction ,subject to section #aja7;e71 nothing in this ,act shall be construed to prohibit a sworn law enforcement officer with probable cause from arresting a student for violating a ,federal or ,state criminal law4 #cje4 ,applicability to private schools and home schools 7a7 ,private schools ,nothing in this ,act shall be construed to affect any private school that does not receive1 or does not serve students who receive1 support in any form from any program or activity supported1 in whole or in part1 with ,federal funds4 7b7 ,home schools ,nothing in this ,act shall be construed to-- 7#a7 affect a home school1 whether or not a home school is treated as a private school or home school under ,state law2 or 7#b7 consider parents who are schooling a child at home as program personnel4 #cjf4 ,severability ,if any provision of this ,act1 an amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance is held to be unconstitutional1 the remainder of this ,act1 the amendments made by this ,act1 and the application of the provisions of such to any person or circumstance shall not be affected thereby4 #cjg4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this ,act for fiscal year #bjba and each succeeding fiscal year4