This legislation, known as the "Keeping All Students Safe Act," aims to prohibit and prevent certain dangerous restraint and seclusion practices in schools and programs receiving federal financial assistance. Specifically, it bans seclusion , mechanical restraint , chemical restraint , and any physical restraint that is life-threatening, restricts breathing or blood flow, or is contraindicated by a student's medical condition. These prohibitions apply to program personnel, law enforcement officers, and school security guards. The bill defines unlawful seclusion or restraint to include these prohibited methods, while clarifying that a "time out" or therapeutic devices used as intended are not included. Physical restraint is only permissible under very strict conditions: when a student's behavior poses an imminent danger of serious physical injury to themselves or others, and only after less restrictive interventions have proven ineffective. Such restraint must be imposed by personnel trained and certified in a State-approved crisis intervention program, or in rare emergencies by untrained staff if certified personnel are unavailable. Following any physical restraint incident, programs must establish clear procedures. These include immediate verbal or electronic notification to parents, followed by written notification within 24 hours detailing the incident, interventions used, and duration. A meeting must be held with parents, the student (if appropriate), involved staff, and behavioral experts within five school days to discuss the incident, proactive strategies, and the need for functional behavioral assessments or behavior intervention plans. State educational agencies are required to submit annual plans demonstrating compliance with these prohibitions and requirements, including details on State-approved crisis intervention training programs and enforcement mechanisms. The bill mandates comprehensive annual reporting of physical restraint incidents, disaggregated by factors such as injury, demographic characteristics, and involvement of law enforcement, to ensure transparency and accountability. To support these efforts, the Secretary of Education is authorized to award grants to State educational agencies. These grants will help states establish and enforce policies, improve data collection, and enhance school climate through the implementation of positive behavioral interventions and supports , mental health supports, and restorative justice programs. Grant funds can be used for professional development, training, and evaluating strategies to prevent seclusion and reduce physical restraint. The Act also establishes enforcement mechanisms, allowing the Secretary to investigate complaints and withhold federal payments from non-compliant programs. Students or their parents are granted a private right of action to seek declaratory judgment, injunctive relief, or compensatory damages against programs violating the prohibitions. Protection and advocacy systems are empowered to investigate and enforce these protections for eligible students. Finally, the bill mandates a national assessment to evaluate its effectiveness in reducing restraint and seclusion incidents and identifying successful intervention models. It also requires the Departments of the Interior and Defense to ensure their operated or funded schools comply with the Act's provisions, while clarifying that it does not apply to private schools without federal funding or home schools.
This legislation, known as the "Keeping All Students Safe Act," aims to prohibit and prevent certain dangerous restraint and seclusion practices in schools and programs receiving federal financial assistance. Specifically, it bans seclusion , mechanical restraint , chemical restraint , and any physical restraint that is life-threatening, restricts breathing or blood flow, or is contraindicated by a student's medical condition. These prohibitions apply to program personnel, law enforcement officers, and school security guards. The bill defines unlawful seclusion or restraint to include these prohibited methods, while clarifying that a "time out" or therapeutic devices used as intended are not included. Physical restraint is only permissible under very strict conditions: when a student's behavior poses an imminent danger of serious physical injury to themselves or others, and only after less restrictive interventions have proven ineffective. Such restraint must be imposed by personnel trained and certified in a State-approved crisis intervention program, or in rare emergencies by untrained staff if certified personnel are unavailable. Following any physical restraint incident, programs must establish clear procedures. These include immediate verbal or electronic notification to parents, followed by written notification within 24 hours detailing the incident, interventions used, and duration. A meeting must be held with parents, the student (if appropriate), involved staff, and behavioral experts within five school days to discuss the incident, proactive strategies, and the need for functional behavioral assessments or behavior intervention plans. State educational agencies are required to submit annual plans demonstrating compliance with these prohibitions and requirements, including details on State-approved crisis intervention training programs and enforcement mechanisms. The bill mandates comprehensive annual reporting of physical restraint incidents, disaggregated by factors such as injury, demographic characteristics, and involvement of law enforcement, to ensure transparency and accountability. To support these efforts, the Secretary of Education is authorized to award grants to State educational agencies. These grants will help states establish and enforce policies, improve data collection, and enhance school climate through the implementation of positive behavioral interventions and supports , mental health supports, and restorative justice programs. Grant funds can be used for professional development, training, and evaluating strategies to prevent seclusion and reduce physical restraint. The Act also establishes enforcement mechanisms, allowing the Secretary to investigate complaints and withhold federal payments from non-compliant programs. Students or their parents are granted a private right of action to seek declaratory judgment, injunctive relief, or compensatory damages against programs violating the prohibitions. Protection and advocacy systems are empowered to investigate and enforce these protections for eligible students. Finally, the bill mandates a national assessment to evaluate its effectiveness in reducing restraint and seclusion incidents and identifying successful intervention models. It also requires the Departments of the Interior and Defense to ensure their operated or funded schools comply with the Act's provisions, while clarifying that it does not apply to private schools without federal funding or home schools.