Sec. 5. Minimum Standards; Rule of construction
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Not later than 180 days after the date of the enactment of this Act, to protect each student from physical or mental abuse, aversive behavioral interventions that compromise student health and safety, or any physical restraint or seclusion imposed solely for purposes of discipline or convenience or in a manner otherwise inconsistent with this Act, the Secretary shall promulgate regulations establishing the following minimum standards: School personnel shall be prohibited from imposing on any student the following:
Mechanical restraints. Chemical restraints. Physical restraint or physical escort that restricts breathing. Aversive behavioral interventions that compromise health and safety. School personnel shall be prohibited from imposing physical restraint or seclusion on a student unless— the student’s behavior poses an imminent danger of physical injury to the student, school personnel, or others; less restrictive interventions would be ineffective in stopping such imminent danger of physical injury; such physical restraint or seclusion is imposed by school personnel who— continuously monitor the student face-to-face; or if school personnel safety is significantly compromised by such face-to-face monitoring, are in continuous direct visual contact with the student; such physical restraint or seclusion is imposed by— school personnel trained and certified by a State-approved crisis intervention training program (as defined in section 4(16)); or other school personnel in the case of a rare and clearly unavoidable emergency circumstance when school personnel trained and certified as described in clause
(i)are not immediately available due to the unforeseeable nature of the emergency circumstance; and such physical restraint or seclusion ends immediately upon the cessation of the conditions described in subparagraphs
(A)and
(B). States, in consultation with local educational agencies and private school officials, shall ensure that a sufficient number of personnel are trained and certified by a State-approved crisis intervention training program (as defined in section 4(16)) to meet the needs of the specific student population in each school. The use of physical restraint or seclusion as a planned intervention shall not be written into a student’s education plan, individual safety plan, behavioral plan, or individualized education program (as defined in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 )). Local educational agencies or schools may establish policies and procedures for use of physical restraint or seclusion in school safety or crisis plans, provided that such school plans are not specific to any individual student. Schools shall establish procedures to be followed after each incident involving the imposition of physical restraint or seclusion upon a student, including— procedures to provide to the parent of the student, with respect to each such incident— an immediate verbal or electronic communication on the same day as the incident; and written notification within 24 hours of the incident; and any other procedures the Secretary determines appropriate. The Secretary of the Interior shall ensure that schools operated or funded by the Department of the Interior comply with the regulations promulgated by the Secretary under subsection
(a). Nothing in this section shall be construed to authorize the Secretary to promulgate regulations prohibiting the use of— time out (as defined in section 4(20) ); devices implemented by trained school personnel, or utilized by a student, for the specific and approved therapeutic or safety purposes for which such devices were designed and, if applicable, prescribed, including— restraints for medical immobilization; adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports; or vehicle safety restraints when used as intended during the transport of a student in a moving vehicle; or handcuffs by school resource officers (as such term is defined in section 4151(11) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7161(11) ))— in the— case when a student’s behavior poses an imminent danger of physical injury to the student, school personnel, or others; or lawful exercise of law enforcement duties; and less restrictive interventions would be ineffective.
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- 20 USC 7161(11)
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