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S.2020 - Keeping All Students Safe Act
A bill to protect all school children against harmful and life-threatening seclusion and restraint practices.
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SECTION 1. SHORT TITLE.
SEC. 2. DEFINITIONS.
(1) APPLICABLE PROGRAM- The term ‘applicable program’ has the meaning given the term in section 400(c)(1) of the General Education Provisions Act (
(A) prescribed by a licensed physician, or other qualified health professional acting under the scope of the professional’s authority under State law, for the standard treatment of a student’s medical or psychiatric condition; andCommentsClose CommentsPermalink
(A) ‘Department’, ‘educational service agency’, ‘elementary school’, ‘local educational agency’, ‘parent’, ‘secondary school’, ‘State’, and ‘State educational agency’ have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (
(4) FEDERAL FINANCIAL ASSISTANCE- The term ‘Federal financial assistance’ means any grant, loan, contract (other than a procurement contract or a contract of insurance or guaranty), or any other arrangement by which the Department provides or otherwise makes available assistance in the form of--CommentsClose CommentsPermalink
(5) FREE APPROPRIATE PUBLIC EDUCATION- For those students eligible for special education and related services under the Individuals with Disabilities Education Act (
(A) has the meaning given the term in section 595(d)(1) of the Public Health Service Act (
(B) does not mean devices used by trained school personnel, or used by a student, for the specific and approved therapeutic or safety purposes for which such devices were designed and, if applicable, prescribed, including--CommentsClose CommentsPermalink
(7) PHYSICAL ESCORT- The term ‘physical escort’ means the temporary touching or holding of the hand, wrist, arm, shoulder, waist, hip, or back for the purpose of inducing a student to move to a safe location.CommentsClose CommentsPermalink
(8) PHYSICAL RESTRAINT- The term ‘physical restraint’ means a personal restriction that immobilizes or reduces the ability of an individual to move the individual’s arms, legs, body, or head freely. Such term does not include a physical escort, mechanical restraint, or chemical restraint.CommentsClose CommentsPermalink
(A) means a school-wide systematic approach to embed evidence-based practices and data-driven decisionmaking to improve school climate and culture in order to achieve improved academic and social outcomes, and increase learning for all students, including those with the most complex and intensive behavioral needs; andCommentsClose CommentsPermalink
(B) encompasses a range of systemic and individualized positive strategies to reinforce desired behaviors, diminish reoccurrence of challenging behaviors, and teach appropriate behaviors to students.CommentsClose CommentsPermalink
(10) PROTECTION AND ADVOCACY SYSTEM- The term ‘protection and advocacy system’ means a protection and advocacy system established under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (
(14) STATE-APPROVED CRISIS INTERVENTION TRAINING PROGRAM- The term ‘State-approved crisis intervention training program’ means a training program approved by a State that, at a minimum, provides training in evidence-based practices shown to be effective--CommentsClose CommentsPermalink
(C) in the use of data-based decisionmaking and evidence-based positive behavioral interventions and supports, safe physical escort, conflict prevention, behavioral antecedents, functional behavioral assessments, de-escalation of challenging behaviors, and conflict management;CommentsClose CommentsPermalink
(E) certification for school personnel in the practices and skills described in subparagraphs (A) through (D), which shall be required to be renewed on a periodic basis.CommentsClose CommentsPermalink
(B) is enrolled in a private school and is receiving a free appropriate public education at the school under subparagraph (B) or (C) of section 612(a)(10) of the Individuals with Disabilities Education Act (
SEC. 3. PURPOSE.
(2) to protect all students from physical or mental abuse, aversive behavioral interventions that compromise health and safety, and any restraint imposed for purposes of coercion, discipline or convenience, or as a substitute for appropriate educational or positive behavioral interventions and supports;CommentsClose CommentsPermalink
SEC. 4. MINIMUM STANDARDS; RULE OF CONSTRUCTION.
(F) physical restraint if contraindicated based on the student’s disability, health care needs, or medical or psychiatric condition, as documented in a health care directive or medical management plan, a behavior intervention plan, an individualized education program or an individualized family service plan (as defined in section 602 of the Individuals with Disabilities Education Act (
(iii) less restrictive interventions have been ineffective in stopping the immediate danger of serious bodily injury to the student or others, except in a case of a rare and clearly unavoidable emergency circumstance posing immediate danger of serious bodily injury.CommentsClose CommentsPermalink
(B) LEAST AMOUNT OF FORCE NECESSARY- When implementing a physical restraint, staff shall use only the amount of force necessary to protect the student or others from the threatened injury.CommentsClose CommentsPermalink
(i) be trained and certified by a State-approved crisis intervention training program, except in the case of rare and clearly unavoidable emergency circumstances when school personnel trained and certified are not immediately available due to the unforeseeable nature of the emergency circumstance;CommentsClose CommentsPermalink
(E) PROHIBITION ON USE OF PHYSICAL RESTRAINT AS PLANNED INTERVENTION- The use of physical restraints as a planned intervention shall not be written into a student’s education plan, individual safety plan, plan developed pursuant to section 504 of the Rehabilitation Act of 1973 (
(i) establish policies and procedures that ensure school personnel and parents, including private school personnel and parents, are aware of the State, local educational agency, and school’s policies and procedures regarding seclusion and restraint;CommentsClose CommentsPermalink
(iii) establish policies and procedures for planning for the appropriate use of restraint in crisis situations in accordance with this Act by a team of professionals trained in accordance with a State-approved crisis intervention training program; andCommentsClose CommentsPermalink
(II) after the imposition of physical restraint upon a student, procedures to ensure that all school personnel in the proximity of the student immediately before and during the time of the restraint, the parent, the student, appropriate supervisory and administrative staff, and appropriate IEP team members, participate in a debriefing session.CommentsClose CommentsPermalink
(i) IN GENERAL- The debriefing session described in subparagraph (A)(iv)(II) shall occur as soon as practicable, but not later than 5 school days following the imposition of physical restraint unless it is delayed by written mutual agreement of the parent and school. Parents shall retain their full legal rights for children under the age of majority concerning participation in the debriefing or other matters.CommentsClose CommentsPermalink
(III) planning to prevent and reduce reoccurrence of the use of physical restraint, including consideration of the results of any functional behavioral assessments, whether positive behavior plans were implemented with fidelity, recommendations of appropriate positive behavioral interventions and supports to assist personnel responsible for the student’s educational plan, the individualized education program for the student, if applicable, and plans providing for reasonable accommodations under section 504 of the Rehabilitation Act of 1973 (
(V) for any student not identified as eligible to receive accommodations under section 504 of the Rehabilitation Act of 1973 (
(iii) COMMUNICATION BY THE STUDENT- When a student attends a debriefing session described in subparagraph (A)(iv)(II), information communicated by the student may not be used against the student in any disciplinary, criminal, or civil investigation or proceeding.CommentsClose CommentsPermalink
(4) NOTIFICATION IN WRITING ON DEATH OR BODILY INJURY- In a case in which serious bodily injury or death of a student occurs in conjunction with the use of physical restraint or any intervention used to control behavior, there are procedures to notify, in writing, within 24 hours after such injury or death occurs--CommentsClose CommentsPermalink
(5) PROHIBITION AGAINST RETALIATION- The State or local educational agency, each school and educational program served by the State or local educational agency, and school personnel of such school or program shall not retaliate against any person for having--CommentsClose CommentsPermalink
SEC. 5. INTERACTION.
(a) Rule of Construction- Nothing in this Act shall be construed to restrict or limit, or allow the Secretary to restrict or limit, any other rights or remedies otherwise available to students or parents under Federal or State law (including regulations) or to restrict or limit stronger restrictions on the use of restraint, seclusion, or aversives in Federal or State law (including regulations) or in State policies.CommentsClose CommentsPermalink
(b) Denial of a Free Appropriate Public Education- Failure to meet the minimum standards of this Act as applied to an individual child eligible for accommodations developed pursuant to section 504 of the Rehabilitation Act of 1973 (
SEC. 6. REPORT REQUIREMENTS.
(a) In General- Each State educational agency shall (in compliance with the requirements of section 444 of the General Education Provisions Act (commonly known as the ‘Family Educational Rights and Privacy Act of 1974’) (
(1) 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 student; andCommentsClose CommentsPermalink
SEC. 7. GRANT AUTHORITY.
(c) Application- Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including information on how the State educational agency will target resources to schools and local educational agencies in need of assistance related to preventing and reducing physical restraint.CommentsClose CommentsPermalink
(1) IN GENERAL- A State educational agency receiving a grant under this section may use such grant funds to award subgrants, on a competitive basis, to local educational agencies.CommentsClose CommentsPermalink
(2) 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 time, in such manner, and containing such information as the State educational agency may require.CommentsClose CommentsPermalink
(1) IN GENERAL- A State educational agency receiving grant funds under this section shall, after timely and meaningful consultation with appropriate private school officials, ensure that private school personnel can participate, on an equitable basis, in activities supported by grant or subgrant funds.CommentsClose CommentsPermalink
(2) PUBLIC CONTROL OF FUNDS- The control of funds provided under this section, and title to materials, equipment, and property with such funds, shall be in a public agency and a public agency shall administer such funds, materials, equipment, and property.CommentsClose CommentsPermalink
(f) Required Activities- A State educational agency receiving a grant, or a local educational agency receiving a subgrant, under this section shall use such grant or subgrant funds to carry out the following:CommentsClose CommentsPermalink
(1) Researching, developing, implementing, and evaluating evidence-based strategies, policies, and procedures to reduce and prevent physical restraint in schools, consistent with the minimum standards described in this Act.CommentsClose CommentsPermalink
(g) Additional Authorized Activities- In addition to the required activities described in subsection (f), a State educational agency receiving a grant, or a local educational agency receiving a subgrant, under this section may use such grant or subgrant funds for 1 or more of the following:CommentsClose CommentsPermalink
(1) Developing and implementing a high-quality professional development and training program to implement evidence-based systematic approaches to school-wide positive behavioral interventions and supports, including improving coaching, facilitation, and training capacity for administrators, teachers, specialized instructional support personnel, and other staff.CommentsClose CommentsPermalink
(2) Providing technical assistance to develop and implement evidence-based systematic approaches to school-wide positive behavioral interventions and supports, including technical assistance for data-driven decisionmaking related to positive behavioral interventions and supports in the classroom.CommentsClose CommentsPermalink
(3) Researching, evaluating, and disseminating high-quality evidence-based programs and activities that implement school-wide positive behavioral interventions and supports with fidelity.CommentsClose CommentsPermalink
SEC. 8. ENFORCEMENT.
(1) withhold, in whole or in part, further payments under an applicable program in accordance with section 455 of the General Education Provisions Act (
(2) require a State or local educational agency to submit, and implement, within 1 year of such failure to comply, a corrective plan of action, which may include redirection of funds received under an applicable program;CommentsClose CommentsPermalink
(3) issue a complaint to compel compliance of the State or local educational agency through a cease and desist order, in the same manner the Secretary is authorized to take such action under section 456 of the General Education Provisions Act (
(b) Cessation of Withholding of Funds- Whenever the Secretary determines (whether by certification or other appropriate evidence) that a State or local educational agency that is subject to the withholding of payments under subsection (a)(1) has cured the failure providing the basis for the withholding of payments, the Secretary shall cease the withholding of payments with respect to the State educational agency under such subsection.CommentsClose CommentsPermalink