Keeping All Students Safe Act

I 117TH CONGRESS 1ST SESSION H. R. 3474 To prohibit and prevent seclusion, mechanical restraint, chemical restraint, and dangerous restraints that restrict breathing, and to prevent and reduce the use of physical restraint in schools, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 25, 2021 Mr. BEYER (for himself, Mr. SCOTT of Virginia, Mr. MCEACHIN, Ms. BLUNT ROCHESTER, Mr. LYNCH, Ms. CLARKE of New York, Ms. PINGREE, Mrs. BEATTY, Ms. MOORE of Wisconsin, Mr. COHEN, Mr. LOWENTHAL, Mr. LANGEVIN, Mr. CASTEN, Ms. LEE of California, Mr. BROWN, Ms. SCAN- LON, Mr. GALLEGO, Ms. NORTON, Mr. GARCI´A of Illinois, Mr. BISHOP of Georgia, Mr. PANETTA, Mr. MORELLE, Mrs. HAYES, Mr. TONKO, Ms. MCCOLLUM, Mr. LEVIN of Michigan, Ms. MENG, Mr. SOTO, Ms. SCHA- KOWSKY, Ms. VELA´ZQUEZ, Mr. KILDEE, Mr. MOULTON, Ms. SHERRILL, Mr. PRICE of North Carolina, Mrs. NAPOLITANO, Mr. CONNOLLY, Mr. DESAULNIER, Mr. NADLER, Ms. JAYAPAL, Mr. RASKIN, Mr. POCAN, Mrs. CAROLYN B. MALONEY of New York, Mr. GRIJALVA, Mr. SUOZZI, Mrs. WATSON COLEMAN, Mr. COOPER, Ms. DEAN, Mrs. LAWRENCE, Ms. ADAMS, Mrs. MCBATH, Mr. SABLAN, Mr. JONES, Ms. BARRAGA´N, Mr. DANNY K. DAVIS of Illinois, Mr. AUCHINCLOSS, Ms. DELBENE, Mr. TAKANO, Mr. ESPAILLAT, Ms. TLAIB, and Mr. TRONE) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit and prevent seclusion, mechanical restraint, chemical restraint, and dangerous restraints that restrict VerDate Sep 11 2014 03:18 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3474.IH H3474 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3474 IH breathing, and to prevent and reduce the use of physical restraint in schools, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Keeping All Students Safe Act’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—PROHIBITIONS ON RESTRAINT AND SECLUSION AND ADDITIONAL REQUIREMENTS Sec. 101. Prohibition, additional requirements. TITLE II—STATE PLAN, REPORTING REQUIREMENTS, AND GRANTS FOR STATE EDUCATIONAL AGENCIES Sec. 201. Definitions. Sec. 202. State plan. Sec. 203. Grants for State educational agencies. TITLE III—GENERAL PROVISIONS Sec. 301. National assessment. Sec. 302. Protection and advocacy systems. Sec. 303. Schools operated or funded by the Department of the Interior or the Department of Defense. Sec. 304. Rule of construction. Sec. 305. Applicability to private schools and home schools. Sec. 306. Severability. Sec. 307. Authorization of appropriations. SEC. 2. DEFINITIONS. 8 In this Act: 9 (1) CHEMICAL RESTRAINT.—The term ‘‘chem- 10 ical restraint’’ means a drug or medication used on 11 VerDate Sep 11 2014 03:18 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3474.IH H3474 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3474 IH a student to control behavior or restrict freedom of 1 movement that is not— 2 (A) prescribed by a licensed physician, or 3 other qualified health professional acting under 4 the scope of the professional’s authority under 5 State law, for the standard treatment of a stu- 6 dent’s medical or psychiatric condition; and 7 (B) administered as prescribed by the li- 8 censed physician or other qualified health pro- 9 fessional acting under the scope of the profes- 10 sional’s authority under State law. 11 (2) ESEA TERMS.—The terms ‘‘early childhood 12 education program’’, ‘‘educational service agency’’, 13 ‘‘elementary school’’, ‘‘local educational agency’’, 14 ‘‘other staff’’, ‘‘paraprofessional’’, ‘‘parent’’, ‘‘school 15 leader’’, ‘‘secondary school’’, ‘‘specialized instruc- 16 tional support personnel’’, ‘‘State’’, and ‘‘State edu- 17 cational agency’’ have the meanings given the terms 18 in section 8101 of the Elementary and Secondary 19 Education Act of 1965 (20 U.S.C. 7801). 20 (3) LAW ENFORCEMENT OFFICER.—The term 21 ‘‘law enforcement officer’’— 22 (A) means any person who— 23 (i) is a State, Tribal, or local law en- 24 forcement officer (as defined in section 25 VerDate Sep 11 2014 03:18 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3474.IH H3474 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3474 IH 1204 of title I of the Omnibus Crime Con- 1 trol and Safe Streets Act of 1968 (34 2 U.S.C. 10284); and 3 (ii) is assigned by the employing law 4 enforcement agency to a program, who is 5 contracting with a program, or who is em- 6 ployed by a program; and 7 (B) includes an individual referred to as a 8 ‘‘school resource officer’’ if that individual 9 meets the definition in subparagraph (A). 10 (4) MECHANICAL RESTRAINT.—The term ‘‘me- 11 chanical restraint’’ means the use of devices as a 12 means of restricting a student’s freedom of move- 13 ment. 14 (5) PHYSICAL ESCORT.—The term ‘‘physical es- 15 cort’’ means the temporary touching or holding of 16 the hand, wrist, arm, shoulder, or back for the pur- 17 pose of inducing a student who is acting out to walk 18 to a safe location. 19 (6) PHYSICAL RESTRAINT.—The term ‘‘physical 20 restraint’’ means a personal restriction that immo- 21 bilizes or reduces the ability of an individual to move 22 the individual’s arms, legs, torso, or head freely, ex- 23 cept that such term does not include a physical es- 24 cort, mechanical restraint, or chemical restraint. 25 VerDate Sep 11 2014 03:18 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3474.IH H3474 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3474 IH (7) POSITIVE BEHAVIORAL INTERVENTIONS 1 AND SUPPORTS.—The term ‘‘positive behavioral 2 interventions and supports’’— 3 (A) means a schoolwide, systematic ap- 4 proach that embeds evidence-based practices 5 and data-driven decision making to improve 6 school climate and culture in order to achieve 7 improved academic and social outcomes and in- 8 crease learning for all students (including stu- 9 dents with the most complex and intensive be- 10 havioral needs); and 11 (B) encompasses a range of systemic and 12 individualized positive strategies to teach and 13 reinforce school-expected behaviors, while dis- 14 couraging and diminishing undesirable behav- 15 iors. 16 (8) PROGRAM.—The term ‘‘program’’ means— 17 (A) all of the operations of a local edu- 18 cational agency, system of vocational education, 19 or other school system; 20 (B) a program that serves children who re- 21 ceive services for which financial assistance is 22 provided in accordance with the Head Start Act 23 (42 U.S.C. 9831 et seq.); or 24 VerDate Sep 11 2014 03:18 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3474.IH H3474 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3474 IH (C) an elementary school or secondary 1 school that is not a public school that enrolls a 2 student who receives special education and re- 3 lated services under the Individuals with Dis- 4 abilities Education Act (20 U.S.C. 1400 et 5 seq.). 6 (9) PROGRAM PERSONNEL.— 7 (A) IN GENERAL.—Subject to subpara- 8 graph (B), the term ‘‘program personnel’’ 9 means any agent of a program, including an in- 10 dividual who is employed by a program, or who 11 performs services for a program on a contrac- 12 tual basis, including— 13 (i) school leaders; 14 (ii) teachers; 15 (iii) specialized instructional support 16 personnel; 17 (iv) paraprofessionals; or 18 (v) other staff. 19 (B) EXCLUSION.—Notwithstanding sub- 20 paragraph (A), program personnel shall not in- 21 clude a law enforcement officer or a school se- 22 curity guard. 23 (10) PROTECTION AND ADVOCACY SYSTEM.— 24 The term ‘‘protection and advocacy system’’ means 25 VerDate Sep 11 2014 03:18 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3474.IH H3474 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3474 IH a protection and advocacy system established under 1 section 143 of the Developmental Disabilities Assist- 2 ance and Bill of Rights Act of 2000 (42 U.S.C. 3 15043). 4 (11) SCHOOL SECURITY GUARD.—The term 5 ‘‘school security guard’’ means an individual who is 6 not a sworn law enforcement officer and who is re- 7 sponsible for addressing one or more of the following 8 safety and crime prevention activities in and around 9 a program: 10 (A) Assisting program personnel in safety 11 incidents. 12 (B) Educating students in crime and ille- 13 gal drug use prevention and safety. 14 (C) Developing or expanding community 15 justice initiatives for students. 16 (D) Training students in conflict resolution 17 and supporting restorative justice programs. 18 (E) Serving as a liaison between the pro- 19 gram and outside agencies, including other law 20 enforcement agencies. 21 (F) Screening students or visitors to the 22 program for prohibited items. 23 (12) SECLUSION.—The term ‘‘seclusion’’ means 24 the involuntary confinement of a student alone in a 25 VerDate Sep 11 2014 03:18 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3474.IH H3474 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3474 IH room or area from which the student is physically 1 prevented from leaving, except that such term does 2 not include a time out. 3 (13) SECRETARY.—The term ‘‘Secretary’’ 4 means the Secretary of Education. 5 (14) SPECIAL EDUCATION SCHOOL.—The term 6 ‘‘special education school’’ means a school that fo- 7 cuses primarily on serving the needs of students 8 with disabilities under the Individuals with Disabil- 9 ities Education Act (20 U.S.C. 1400 et seq.) or sec- 10 tion 504 of the Rehabilitation Act of 1973 (29 11 U.S.C. 794). 12 (15) STATE-APPROVED CRISIS INTERVENTION 13 TRAINING PROGRAM.—The term ‘‘State-approved 14 crisis intervention training program’’ means a train- 15 ing program approved by a State and the Secretary 16 that, at a minimum, provides— 17 (A) training in evidence-based techniques 18 shown to be effective in the prevention of phys- 19 ical restraint; 20 (B) evidence-based skills training related 21 to positive behavioral interventions and sup- 22 ports, safe physical escort, conflict prevention, 23 understanding antecedents, deescalation, and 24 conflict management; 25 VerDate Sep 11 2014 03:18 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3474.IH H3474 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3474 IH (C) training in evidence-based techniques 1 shown to be effective in keeping both school 2 personnel and students safe when imposing 3 physical restraint; 4 (D) training in first aid and 5 cardiopulmonary resuscitation; 6 (E) information describing State policies 7 and procedures to ensure compliance with sec- 8 tion 101; and 9 (F) certification for school personnel, law 10 enforcement officers, and school security guards 11 in the techniques and skills described in sub- 12 paragraphs (A) through (D), which shall be re- 13 quired to be renewed on a periodic basis. 14 (16) STUDENT.—The term ‘‘student’’ means— 15 (A) for purposes of title I, a student en- 16 rolled in a program; and 17 (B) for purposes of title II, a student en- 18 rolled in an elementary school or secondary 19 school. 20 (17) TIME OUT.— 21 (A) IN GENERAL.—The term ‘‘time out’’ 22 means a behavior management technique that 23 may involve the separation of the student from 24 the group or classroom in a non-locked setting. 25 VerDate Sep 11 2014 03:18 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3474.IH H3474 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3474 IH (B) CLARIFICATION.—The term ‘‘time 1 out’’ does not include— 2 (i) seclusion; or 3 (ii) a separation of the student de- 4 scribed in subparagraph (A) from which 5 such student is physically or otherwise pro- 6 hibited from leaving. 7 TITLE I—PROHIBITIONS ON RE- 8 STRAINT AND SECLUSION 9 AND ADDITIONAL REQUIRE- 10 MENTS 11 SEC. 101. PROHIBITION, ADDITIONAL REQUIREMENTS. 12 (a) PROHIBITION.—No student shall be subjected to 13 unlawful seclusion or restraint by program personnel, a 14 law enforcement officer, or a school security guard, while 15 attending any program that receives Federal financial as- 16 sistance. 17 (b) UNLAWFUL SECLUSION OR RESTRAINT DE- 18 FINED.— 19 (1) IN GENERAL.—In this section, the term 20 ‘‘unlawful seclusion or restraint’’ means— 21 (A) seclusion; 22 (B) mechanical restraint; 23 (C) chemical restraint; 24 VerDate Sep 11 2014 03:18 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3474.IH H3474 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3474 IH (D) physical restraint or physical escort 1 that is life threatening, that restricts breathing, 2 or that restricts blood flow to the brain, includ- 3 ing prone and supine restraint; 4 (E) physical restraint that is contra- 5 indicated based on the student’s disability, 6 health care needs, or medical or psychiatric con- 7 dition, as documented in— 8 (i) a health care directive or medical 9 management plan; 10 (ii) a behavior intervention plan; 11 (iii) an individualized education pro- 12 gram or an individualized family service 13 plan (as defined in section 602 of the Indi- 14 viduals with Disabilities Education Act (20 15 U.S.C. 1401)); 16 (iv) a plan developed pursuant to sec- 17 tion 504 of the Rehabilitation Act of 1973 18 (29 U.S.C. 794) or title II of the Ameri- 19 cans with Disabilities Act of 1990 (42 20 U.S.C. 12131 et seq.); or 21 (v) another relevant record made 22 available to the State or program involved; 23 or 24 VerDate Sep 11 2014 03:18 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3474.IH H3474 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 3474 IH (F) physical restraint that is not in compli- 1 ance with subsection (e)(1). 2 (2) NOT INCLUDED.—The term ‘‘unlawful se- 3 clusion or restraint’’ shall not include— 4 (A) a time out; or 5 (B) a device implemented by trained school 6 personnel, or utilized by a student, for the spe- 7 cific and approved therapeutic or safety pur- 8 poses for which such devices were designed and, 9 if applicable, prescribed, provided that such de- 10 vices are not used to purposefully cause a stu- 11 dent pain as a means of behavioral modifica- 12 tion, including— 13 (i) restraints for medical immobiliza- 14 tion; 15 (ii) adaptive devices or mechanical 16 supports used to achieve proper body posi- 17 tion, balance, or alignment to allow greater 18 freedom of [Text truncated for display. 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