H.R.4247: Preventing Harmful Restraint and Seclusion in Schools Act - U.S. Congress

Official Summary

3/3/2010--Passed House amended. Keeping All Students Safe Act - (Sec. 5) Directs the Secretary of Education (Secretary) to establish minimum standards that: (1) prohibit elementary and secondary school personnel from managing any student by using any mechanical or chemical restraint, physi

Official Summary

3/3/2010--Passed House amended. Keeping All Students Safe Act -

(Sec. 5)

Directs the Secretary of Education (Secretary) to establish minimum standards that:
(1) prohibit elementary and secondary school personnel from managing any student by using any mechanical or chemical restraint, physical restraint or escort that restricts breathing, or aversive behavioral intervention that compromises student health and safety;
(2) prohibit such personnel from using physical restraint or seclusion, unless such measures are required to eliminate an imminent danger of physical injury to the student or others and certain precautions are taken;
(3) require states to ensure that a sufficient number of school personnel receive state-approved crisis intervention training and certification in first aid and certain safe and effective student management techniques;
(4) prohibit physical restraint or seclusion from being written into a student's education plan, individual safety plan, behavioral plan, or individual education program as a planned intervention; and
(5) require schools to establish procedures to notify parents in a timely manner if physical restraint or seclusion is imposed on their child. Requires that when the physical restraint or seclusion of a student is required to eliminate an imminent danger of physical injury to such student or others, school personnel continuously monitor such student face-to-face or, if their safety is significantly compromised by such monitoring, remain in direct visual contact with the student. Directs the Secretary of the Interior to ensure that schools operated or funded by the Department of the Interior comply with such minimum standards.

(Sec. 6)

Requires states, within two years after the establishment of such standards and annually thereafter, to:
(1) provide the Secretary with their plan for meeting the standards, including a mechanism to effectively monitor and enforce them; and
(2) provide the Secretary and the public with certain information regarding incidents over the preceding academic year in which physical restraint or seclusion was used on a student. Directs the Secretary to enforce such requirements by withholding education funding from noncompliant states, requiring them to submit a corrective plan of action, or issuing a complaint to compel their compliance through a cease and desist order.

(Sec. 7)

Authorizes the Secretary to award three-year grants to states and, through them, competitive subgrants to local educational agencies (LEAs) to:
(1) establish, implement, and enforce policies and procedures to meet such standards;
(2) improve their capacity to collect and analyze data related to physical restraint and seclusion; and
(3) implement school-wide positive behavior supports. Requires LEAs to allow private school personnel to participate, on an equitable basis, in activities supported by such grants and subgrants. Requires state grantees, at the close of the grant period, to evaluate and report to the Secretary on their progress in preventing and reducing physical restraint and seclusion in schools. Authorizes the Secretary to allocate funds to the Secretary of the Interior to carry out such activities with regard to schools operated or funded by the Department of the Interior.

(Sec. 8)

Directs the Secretary to conduct a national assessment of this Act's effectiveness and report the assessment's findings to Congress.

(Sec. 9)

Gives Protection and Advocacy Systems the authority provided under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 to investigate, monitor, and enforce this Act's protections for students.

(Sec. 10)

Directs the Secretary of Health and Human Services (HHS) to establish standards for Head Start agencies that are consistent with the minimum standards for the management of elementary and secondary school students. Authorizes the Secretary to allocate funds to HHS to assist Head Start agencies in establishing, implementing, and enforcing policies and procedures to meet such standards.

(Sec. 12)

Authorizes appropriations for FY2011-FY2015.

(Sec. 13)

Expresses the presumption that this Act's grants will be awarded using competitive procedures based on merit. Requires the Secretary to submit an explanatory report to Congress when such procedures are not used.

(Sec. 14)

Prohibits funds appropriated to implement this Act from being used for congressional earmarks.

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U.S. Congress - H.R.4247 Preventing Harmful Restraint and Seclusion in Schools Act

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(Sec. 5)

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(Sec. 7)

(Sec. 8)

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