Keeping All Students Safe Act

II 118TH CONGRESS 1ST SESSION S. 1750 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 SENATE OF THE UNITED STATES MAY 18, 2023 Mr. MURPHY (for himself, Mr. SANDERS, Mrs. MURRAY, Ms. BALDWIN, Mr. BLUMENTHAL, Mr. BOOKER, Mr. BROWN, Mr. CASEY, Ms. DUCKWORTH, Mr. DURBIN, Mr. FETTERMAN, Ms. HASSAN, Mr. KAINE, Mr. LUJA´N, Mr. MARKEY, Mr. MERKLEY, Mr. PADILLA, Mr. VAN HOLLEN, Ms. WAR- REN, and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pen- sions A BILL 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. 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 VerDate Sep 11 2014 02:09 Jun 10, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1750.IS S1750 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1750 IS (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—PROHIBITIONS ON RESTRAINT AND SECLUSION AND ADDITIONAL REQUIREMENTS Sec. 101. Prohibition, additional requirements. TITLE II—STATE PLAN, REPORTING REQUIREMENTS, AND GRANTS FOR STATE EDUCATIONAL AGENCIES Sec. 201. Definitions. Sec. 202. State plan. Sec. 203. Grants for State educational agencies. TITLE III—GENERAL PROVISIONS Sec. 301. National assessment. Sec. 302. Protection and advocacy systems. Sec. 303. Schools operated or funded by the Department of the Interior or the Department of Defense. Sec. 304. Rule of construction. Sec. 305. Applicability to private schools and home schools. Sec. 306. Severability. Sec. 307. Authorization of appropriations. SEC. 2. DEFINITIONS. 3 In this Act: 4 (1) CHEMICAL RESTRAINT.—The term ‘‘chem- 5 ical restraint’’ means a drug or medication used on 6 a student to control behavior or restrict freedom of 7 movement that is not— 8 (A) prescribed by a licensed physician, or 9 other qualified health professional acting under 10 the scope of the professional’s authority under 11 State law, for the standard treatment of a stu- 12 dent’s medical or psychiatric condition; and 13 VerDate Sep 11 2014 02:09 Jun 10, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1750.IS S1750 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1750 IS (B) administered as prescribed by the li- 1 censed physician or other qualified health pro- 2 fessional acting under the scope of the profes- 3 sional’s authority under State law. 4 (2) ESEA TERMS.—The terms ‘‘early childhood 5 education program’’, ‘‘educational service agency’’, 6 ‘‘elementary school’’, ‘‘local educational agency’’, 7 ‘‘other staff’’, ‘‘paraprofessional’’, ‘‘parent’’, ‘‘school 8 leader’’, ‘‘secondary school’’, ‘‘specialized instruc- 9 tional support personnel’’, ‘‘State’’, and ‘‘State edu- 10 cational agency’’ have the meanings given the terms 11 in section 8101 of the Elementary and Secondary 12 Education Act of 1965 (20 U.S.C. 7801). 13 (3) LAW ENFORCEMENT OFFICER.—The term 14 ‘‘law enforcement officer’’— 15 (A) means any person who— 16 (i) is a State, Tribal, or local law en- 17 forcement officer (as defined in section 18 1204 of title I of the Omnibus Crime Con- 19 trol and Safe Streets Act of 1968 (34 20 U.S.C. 10284)); and 21 (ii) is assigned by the employing law 22 enforcement agency to a program, who is 23 contracting with a program, or who is em- 24 ployed by a program; and 25 VerDate Sep 11 2014 02:09 Jun 10, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1750.IS S1750 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1750 IS (B) includes an individual referred to as a 1 ‘‘school resource officer’’ if that individual 2 meets the definition in subparagraph (A). 3 (4) MECHANICAL RESTRAINT.—The term ‘‘me- 4 chanical restraint’’ means the use of devices as a 5 means of restricting a student’s freedom of move- 6 ment. 7 (5) PHYSICAL ESCORT.—The term ‘‘physical es- 8 cort’’ means the temporary touching or holding of 9 the hand, wrist, arm, shoulder, or back for the pur- 10 pose of inducing a student who is acting out to walk 11 to a safe location. 12 (6) PHYSICAL RESTRAINT.—The term ‘‘physical 13 restraint’’ means a personal restriction that immo- 14 bilizes or reduces the ability of an individual to move 15 the individual’s arms, legs, torso, or head freely, ex- 16 cept that such term does not include a physical es- 17 cort, mechanical restraint, or chemical restraint. 18 (7) POSITIVE BEHAVIORAL INTERVENTIONS 19 AND SUPPORTS.—The term ‘‘positive behavioral 20 interventions and supports’’— 21 (A) means a schoolwide, systematic ap- 22 proach that embeds evidence-based practices 23 and data-driven decision making to improve 24 school climate and culture in order to achieve 25 VerDate Sep 11 2014 02:09 Jun 10, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1750.IS S1750 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1750 IS improved academic and social outcomes and in- 1 crease learning for all students (including stu- 2 dents with the most complex and intensive be- 3 havioral needs); and 4 (B) encompasses a range of systemic and 5 individualized positive strategies to teach and 6 reinforce school-expected behaviors, while dis- 7 couraging and diminishing undesirable behav- 8 iors. 9 (8) PROGRAM.—The term ‘‘program’’ means— 10 (A) all of the operations of a local edu- 11 cational agency, system of vocational education, 12 or other school system; 13 (B) a program that serves children who re- 14 ceive services for which financial assistance is 15 provided in accordance with the Head Start Act 16 (42 U.S.C. 9831 et seq.); or 17 (C) an elementary school or secondary 18 school that is not a public school that enrolls a 19 student who receives special education and re- 20 lated services under the Individuals with Dis- 21 abilities Education Act (20 U.S.C. 1400 et 22 seq.). 23 (9) PROGRAM PERSONNEL.— 24 VerDate Sep 11 2014 02:09 Jun 10, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1750.IS S1750 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 1750 IS (A) IN GENERAL.—Subject to subpara- 1 graph (B), the term ‘‘program personnel’’ 2 means any agent of a program, including an in- 3 dividual who is employed by a program, or who 4 performs services for a program on a contrac- 5 tual basis, including— 6 (i) school leaders; 7 (ii) teachers; 8 (iii) specialized instructional support 9 personnel; 10 (iv) paraprofessionals; or 11 (v) other staff. 12 (B) EXCLUSION.—Notwithstanding sub- 13 paragraph (A), program personnel shall not in- 14 clude a law enforcement officer or a school se- 15 curity guard. 16 (10) PROTECTION AND ADVOCACY SYSTEM.— 17 The term ‘‘protection and advocacy system’’ means 18 a protection and advocacy system established under 19 section 143 of the Developmental Disabilities Assist- 20 ance and Bill of Rights Act of 2000 (42 U.S.C. 21 15043). 22 (11) SCHOOL SECURITY GUARD.—The term 23 ‘‘school security guard’’ means an individual who is 24 not a sworn law enforcement officer and who is re- 25 VerDate Sep 11 2014 02:09 Jun 10, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1750.IS S1750 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 1750 IS sponsible for addressing one or more of the following 1 safety and crime prevention activities in and around 2 a program: 3 (A) Assisting program personnel in safety 4 incidents. 5 (B) Educating students in crime and ille- 6 gal drug use prevention and safety. 7 (C) Developing or expanding community 8 justice initiatives for students. 9 (D) Training students in conflict resolution 10 and supporting restorative justice programs. 11 (E) Serving as a liaison between the pro- 12 gram and outside agencies, including other law 13 enforcement agencies. 14 (F) Screening students or visitors to the 15 program for prohibited items. 16 (12) SECLUSION.—The term ‘‘seclusion’’ means 17 the involuntary confinement of a student alone in a 18 room or area from which the student is physically 19 prevented from leaving, except that such term does 20 not include a time out. 21 (13) SECRETARY.—The term ‘‘Secretary’’ 22 means the Secretary of Education. 23 (14) SPECIAL EDUCATION SCHOOL.—The term 24 ‘‘special education school’’ means a school that fo- 25 VerDate Sep 11 2014 02:09 Jun 10, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1750.IS S1750 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 1750 IS cuses primarily on serving the needs of students 1 with disabilities under the Individuals with Disabil- 2 ities Education Act (20 U.S.C. 1400 et seq.) or sec- 3 tion 504 of the Rehabilitation Act of 1973 (29 4 U.S.C. 794). 5 (15) STATE-APPROVED CRISIS INTERVENTION 6 TRAINING PROGRAM.—The term ‘‘State-approved 7 crisis intervention training program’’ means a train- 8 ing program approved by a State and the Secretary 9 that, at a minimum, provides— 10 (A) training in evidence-based techniques 11 shown to be effective in the prevention of phys- 12 ical restraint; 13 (B) evidence-based skills training related 14 to positive behavioral interventions and sup- 15 ports, safe physical escort, conflict prevention, 16 understanding antecedents, deescalation, and 17 conflict management; 18 (C) training in evidence-based techniques 19 shown to be effective in keeping both school 20 personnel and students safe when imposing 21 physical restraint; 22 (D) training in first aid and 23 cardiopulmonary resuscitation; 24 VerDate Sep 11 2014 02:09 Jun 10, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1750.IS S1750 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 1750 IS (E) information describing State policies 1 and procedures to ensure compliance with sec- 2 tion 101; and 3 (F) certification for school personnel, law 4 enforcement officers, and school security guards 5 in the techniques and skills described in sub- 6 paragraphs (A) through (D), which shall be re- 7 quired to be renewed on a periodic basis. 8 (16) STUDENT.—The term ‘‘student’’ means— 9 (A) for purposes of title I, a student en- 10 rolled in a program; and 11 (B) for purposes of title II, a student en- 12 rolled in an elementary school or secondary 13 school. 14 (17) TIME OUT.— 15 (A) IN GENERAL.—The term ‘‘time out’’ 16 means a behavior management technique that 17 may involve the separation of the student from 18 the group or classroom in a non-locked setting. 19 (B) CLARIFICATION.—The term ‘‘time 20 out’’ does not include— 21 (i) seclusion; or 22 (ii) a separation of the student de- 23 scribed in subparagraph (A) from which 24 VerDate Sep 11 2014 02:09 Jun 10, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1750.IS S1750 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 1750 IS such student is physically or otherwise pro- 1 hibited from leaving. 2 TITLE I—PROHIBITIONS ON RE- 3 STRAINT AND SECLUSION 4 AND ADDITIONAL REQUIRE- 5 MENTS 6 SEC. 101. PROHIBITION, ADDITIONAL REQUIREMENTS. 7 (a) PROHIBITION.—No student shall be subjected to 8 unlawful seclusion or restraint by program personnel, a 9 law enforcement officer, or a school security guard, while 10 attending any program that receives Federal financial as- 11 sistance. 12 (b) UNLAWFUL SECLUSION OR RESTRAINT DE- 13 FINED.— 14 (1) IN GENERAL.—In this section, the term 15 ‘‘unlawful seclusion or restraint’’ means— 16 (A) seclusion; 17 (B) mechanical restraint; 18 (C) chemical restraint; 19 (D) physical restraint or physical escort 20 that is life threatening, that restricts breathing, 21 or that restricts blood flow to the brain, includ- 22 ing prone and supine restraint; 23 (E) physical restraint that is contra- 24 indicated based on the student’s disability, 25 VerDate Sep 11 2014 02:09 Jun 10, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1750.IS S1750 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •S 1750 IS health care needs, or medical or psychiatric con- 1 dition, as documented in— 2 (i) a health care directive or medical 3 management plan; 4 (ii) a behavior intervention plan; 5 (iii) an individualized education pro- 6 gram or an individualized family service 7 plan (as defined in section 602 of the Indi- 8 viduals with Disabilities Education Act (20 9 U.S.C. 1401)); 10 (iv) a plan developed pursuant to sec- 11 tion 504 of the Rehabilitation Act of 1973 12 (29 U.S.C. 794) or title II of the Ameri- 13 cans with Disabilities Act of 1990 (42 14 U.S.C. 12131 et seq.); or 15 (v) another relevant record made 16 available to the State or program involved; 17 or 18 (F) physical restraint that is not in compli- 19 ance with subsection (e)(1). 20 (2) NOT INCLUDED.—The term ‘‘unlawful se- 21 clusion or restraint’’ shall not include— 22 (A) a time out; or 23 (B) a device implemented by trained school 24 personnel, or utilized by a student, for the spe- 25 VerDate Sep 11 2014 02:09 Jun 10, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1750.IS S1750 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •S 1750 IS cific and approved therapeutic or safety pur- 1 poses for which such devices were designed and, 2 if applicable, prescribed, provided that such de- 3 vices are not used to purposefully cause a stu- 4 dent pain as a means of behavioral modifica- 5 tion, including— 6 (i) restraints for medical immobiliza- 7 tion; 8 (ii) adaptive devices or mechanical 9 supports used to achieve proper body posi- 10 tion, balance, or alignment to allow greater 11 freedom of mobility than would be possible 12 without the use of such devices or mechan- 13 ical supports; or 14 (iii) vehicle safety restraints when 15 used as intended during the transport of a 16 student in a moving vehicle. 17 (c) PRIVATE RIGHT OF ACTION.— 18 (1) IN GENERAL.—A student who has been sub- 19 jected to unlawful seclusion or restraint in violation 20 of subsection (a), or the parent of such student, may 21 file a civil action against the program under which 22 the violation is alleged to have occurred in an appro- 23 priate district court of the United States or in State 24 VerDate Sep 11 2014 02:09 Jun 10, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1750.IS S1750 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •S 1750 IS court for declaratory judgement, injunctive relief, 1 compensatory relief, attorneys’ fees, or expert fees. 2 (2) LIMITATION ON [Text truncated for display. 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