Sec. 6. State Plan and Report Requirements and Enforcement
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Not later than 2 years after the Secretary promulgates regulations pursuant to section 5(a) , and each year thereafter, each State educational agency shall submit to the Secretary a State plan that provides— assurances to the Secretary that the State has in effect— State policies and procedures that meet the minimum standards, including the standards with respect to State-approved crisis intervention training programs, established by regulations promulgated pursuant to section 5(a) ; and a State mechanism to effectively monitor and enforce the minimum standards; a description of the State policies and procedures, including a description of the State-approved crisis intervention training programs in such State; and a description of the State plans to ensure school personnel and parents, including private school personnel and parents, are aware of the State policies and procedures.
Not later than 2 years after the date the Secretary promulgates regulations pursuant to section 5(a) , and each year thereafter, each State educational agency shall (in compliance with the requirements of section 444 of the General Education Provisions Act (commonly known as the ) ( Family Educational Rights and Privacy Act of 1974 20 U.S.C. 1232g )) prepare and submit to the Secretary, and make available to the public, a report that includes the information described in paragraph (2), with respect to each local educational agency, and each school not under the jurisdiction of a local educational agency, located in the same State as such State educational agency.
The report described in paragraph
(1)shall include information on— the total number of incidents in the preceding full-academic year in which physical restraint was imposed upon a student; and the total number of incidents in the preceding full-academic year in which seclusion was imposed upon a student. The information described in subparagraph
(A)shall be disaggregated by— the total number of incidents in which physical restraint or seclusion was imposed upon a student— that resulted in injury; that resulted in death; and in which the school personnel imposing physical restraint or seclusion were not trained and certified as described in section 5(a)(2)(D)(i) ; and the demographic characteristics of all students upon whom physical restraint or seclusion was imposed, including— the categories identified in section 1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i)); age; and disability status (which has the meaning given the term individual with a disability in section 7(20) of the Rehabilitation Act of 1973 ( 29 U.S.C. 705(20) )). The disaggregation required under clause
(i)shall— be carried out in a manner to ensure an unduplicated count of the— total number of incidents in the preceding full-academic year in which physical restraint was imposed upon a student; and total number of incidents in the preceding full-academic year in which seclusion was imposed upon a student; and not be required in a case in which the number of students in a category would reveal personally identifiable information about an individual student. If a State educational agency fails to comply with subsection
(a)or
(b), the Secretary shall— withhold, in whole or in part, further payments under an applicable program (as such term is defined in section 400(c) of the General Education Provisions Act ( 20 U.S.C. 1221 )) in accordance with section 455 of such Act ( 20 U.S.C. 1234d ); require a State educational agency to submit, and implement, within 1 year of such failure to comply, a corrective plan of action, which may include redirection of funds received under an applicable program; or issue a complaint to compel compliance of the State educational agency through a cease and desist order, in the same manner the Secretary is authorized to take such action under section 456 of the General Education Provisions Act ( 20 U.S.C. 1234e ). Whenever the Secretary determines (whether by certification or other appropriate evidence) that a State educational agency who is subject to the withholding of payments under subparagraph (A)(i) has cured the failure providing the basis for the withholding of payments, the Secretary shall cease the withholding of payments with respect to the State educational agency under such subparagraph. Nothing in this subsection shall be construed to limit the Secretary’s authority under the General Education Provisions Act ( 20 U.S.C. 1221 et seq. ).
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Sec. 6
State Plan and Report Requirements and Enforcement
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