Sec. 4. Definitions
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/bill/113/hr/1893/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term chemical restraint means a drug or medication used on a student to control behavior or restrict freedom of movement that is not— 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; and administered as prescribed by the licensed physician or other qualified health professional acting under the scope of the professional’s authority under State law.
The term educational service agency has the meaning given such term in section 9101(17) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(17) ). The term elementary school has the meaning given the term in section 9101(18) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(18) ). The term local educational agency has the meaning given the term in section 9101(26) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(26) ).
The term mechanical restraint has the meaning given the term in section 595(d)(1) of the Public Health Service Act ( 42 U.S.C. 290jj(d)(1) ), except that the meaning shall be applied by substituting student’s for resident’s . The term parent has the meaning given the term in section 9101(31) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(31) ). The term physical escort has the meaning given the term in section 595(d)(2) of the Public Health Service Act ( 42 U.S.C. 290jj(d)(2) ), except that the meaning shall be applied by substituting student for resident .
The term physical restraint has the meaning given the term in section 595(d)(3) of the Public Health Service Act ( 42 U.S.C. 290jj(d)(3) ). The term positive behavior supports means a systematic approach to embed evidence-based practices and data-driven decisionmaking to improve school climate and culture, including a range of systemic and individualized strategies to reinforce desired behaviors and diminish reoccurrence of problem behaviors, in order to achieve improved academic and social outcomes and increase learning for all students, including students with the most complex and intensive behavioral needs.
The term protection and advocacy system means a protection and advocacy system established under section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ). The term school means an entity— that— is a public or private— day or residential elementary school or secondary school; or early childhood, elementary school, or secondary school program that is under the jurisdiction of a school, local educational agency, educational service agency, or other educational institution or program; and receives, or serves students who receive, support in any form from any program supported, in whole or in part, with funds appropriated to the Department of Education; or that is a school funded or operated by the Department of the Interior.
The term school personnel has the meaning— given the term in section 4151(10) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7161(10) ); and given the term school resource officer in section 4151(11) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7161(11) ). The term secondary school has the meaning given the term in section 9101(38) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(38) ). The term seclusion has the meaning given the term in section 595(d)(4) of the Public Health Service Act ( 42 U.S.C. 290jj(d)(4) ).
The term Secretary means the Secretary of Education. The term State-approved crisis intervention training program means a training program approved by a State and the Secretary that, at a minimum, provides— training in evidence-based techniques shown to be effective in the prevention of physical restraint and seclusion; training in evidence-based techniques shown to be effective in keeping both school personnel and students safe when imposing physical restraint or seclusion; evidence-based skills training related to positive behavior supports, safe physical escort, conflict prevention, understanding antecedents, de-escalation, and conflict management; training in first aid and cardiopulmonary resuscitation; information describing State policies and procedures that meet the minimum standards established by regulations promulgated pursuant to section 5(a) ; and certification for school personnel in the techniques and skills described in subparagraphs
(A)through (D), which shall be required to be renewed on a periodic basis. The term State has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). The term State educational agency has the meaning given the term in section 9101(41) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(41) ). The term student means a student enrolled in a school defined in paragraph
(11), except that in the case of a student enrolled in a private school or private program, such term means a student who receives support in any form from any program supported, in whole or in part, with funds appropriated to the Department of Education. The term time out has the meaning given the term in section 595(d)(5) of the Public Health Service Act ( 42 U.S.C. 290jj(d)(5) ), except that the meaning shall be applied by substituting student for resident .
Connectionstraces to 3
2 references not yet in our index
- 20 USC 7161(10)
- 20 USC 7161(11)
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