Sec. 2. Definitions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this Act: The term applicable program has the meaning given the term in section 400(c)(1) of the General Education Provisions Act (20 U.S.C. 1221(c)(1)). 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 terms— Department , educational service agency , elementary school , local educational agency , parent , secondary school , State , and State educational agency have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); and school resource officer and school personnel have the meanings given such terms in section 4151 of such Act ( 20 U.S.C. 7161 ). The term Federal financial assistance means any grant, loan, contract (other than a procurement contract or a contract of insurance or guaranty), or any other arrangement by which the Department provides or otherwise makes available assistance in the form of— funds; services of Federal personnel; or real and personal property or any interest in or use of such property, including— transfers or leases of such property for less than fair market value or for reduced consideration; and proceeds from a subsequent transfer or lease of such property if the Federal share of its fair market value is not returned to the Federal Government.

For those students eligible for special education and related services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), the term free appropriate public education has the meaning given the term in section 602 of such Act (20 U.S.C. 1401). 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 ; and does not mean devices used by trained school personnel, or used 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 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.

The term physical escort means the temporary touching or holding of the hand, wrist, arm, shoulder, waist, hip, or back for the purpose of inducing a student to move to a safe location. The term physical restraint means a personal restriction that immobilizes or reduces the ability of an individual to move the individual's arms, legs, body, or head freely. Such term does not include a physical escort, mechanical restraint, or chemical restraint. The term positive behavioral interventions and supports — means a school-wide systematic approach to embed evidence-based practices and data-driven decisionmaking to improve school climate and culture in order to achieve improved academic and social outcomes, and increase learning for all students, including those with the most complex and intensive behavioral needs; and encompasses a range of systemic and individualized positive strategies to reinforce desired behaviors, diminish reoccurrence of challenging behaviors, and teach appropriate behaviors to students.

The term protection and advocacy system means a protection and advocacy system established under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ). The term seclusion — means the isolation of a student in a room, enclosure, or space that is— locked; or unlocked and the student is prevented from leaving; and does not include a time out. The term Secretary means the Secretary of Education, and, where appropriate, the Secretary of the Interior and the Secretary of Defense.

The term State-approved crisis intervention training program means a training program proposed by a local educational agency and approved by a State that, at a minimum, provides training in evidence-based practices shown to be effective— in the prevention of the use of physical restraint; in keeping both school personnel and students safe in imposing physical restraint in a manner consistent with this Act; in the use of data-based decisionmaking and evidence-based positive behavioral interventions and supports, safe physical escort, conflict prevention, behavioral antecedents, functional behavioral assessments, de-escalation of challenging behaviors, and conflict management; in first aid, including the signs of medical distress, and cardiopulmonary resuscitation; and certification for school personnel in the practices and skills described in subparagraphs

(A)through (D), which shall be required to be renewed on a periodic basis. The term student means a student who— is enrolled in a public school; is enrolled in a private school and is receiving a free appropriate public education at the school under subparagraph

(B)or

(C)of section 612(a)(10) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1412(a)(10)(B) , (C)); is enrolled in a Head Start or Early Head Start program supported under the Head Start Act (42 U.S.C. 9831); or receives services under section 619 or part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 , 1431 et seq.). The term time out means a behavior management technique that may involve the separation of the student from the group, in a non-locked setting, for the purpose of calming. Time out is not seclusion.

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