Sec. 4. Minimum standards; rule of construction
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Each State and local educational agency receiving Federal financial assistance shall have in place policies that are consistent with the following: School personnel, contractors, and resource officers are prohibited from imposing on any student— seclusion; mechanical restraint; chemical restraint; aversive behavioral interventions that compromise health and safety; physical restraint that is life-threatening, including physical restraint that restricts breathing; and physical restraint if contraindicated based on the student’s disability, health care needs, or medical or psychiatric condition, as documented in a health care directive or medical management plan, a behavior intervention plan, an individualized education program or an individualized family service plan (as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)), or plan developed pursuant to section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), or other relevant record made available to the State or local educational agency.
Physical restraint may only be implemented if— the student’s behavior poses immediate danger of serious physical harm to self or others; the physical restraint does not interfere with the student’s ability to communicate in the student's primary language or mode of communication; and less restrictive interventions have been ineffective in stopping the immediate danger of serious physical harm to the student or others, except in a case of a rare and clearly unavoidable emergency circumstance posing immediate danger of serious physical harm.
When implementing a physical restraint, staff shall use only the amount of force necessary to protect the student or others from the threatened injury. The use of physical restraint shall end when— a medical condition occurs putting the student at risk of harm; the student’s behavior no longer poses immediate danger of serious physical harm to the student or others; or less restrictive interventions would be effective in stopping such immediate danger of serious physical harm.
School personnel imposing physical restraint in accordance with this subsection shall— be trained and certified by a State-approved crisis intervention training program, except in the case of rare and clearly unavoidable emergency circumstances when school personnel trained and certified are not immediately available due to the unforeseeable nature of the emergency circumstance; engage in continuous face-to-face monitoring of the student; and be trained in State and school policies and procedures regarding restraint and seclusion.
Except as provided in clause (ii), the use of physical restraints as a planned intervention shall not be written into a student’s education plan, individual safety plan, plan developed pursuant to section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), individualized education program or individualized family service plan (as defined in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 )), or any other planning document for an individual student.
The use of physical restraints as a planned intervention may be written into a student’s individualized education program, individual safety plan, or plan developed pursuant to section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ) if State law allows for the use of physical restraint as part of such program or plan, as agreed upon by school personnel, the family of the student, and the individualized education program committee if such individuals— have considered less restrictive means to address behavioral concerns that would meet the emergency standard described in subparagraph
(A)and, when using such physical restraints in an emergency, meet the conditions described in subparagraphs (B), (C), and (D); and have conducted a research-based, individualized functional behavioral analysis and implemented a corresponding positive intervention plan based on such functional behavioral analysis that— addresses preventative measures used to reduce or prevent emergencies; and is written into the student’s individualized education program, individual safety plan, or plan developed pursuant to section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). The State or local educational agency, and each school and educational program served by the State or local educational agency shall— establish policies and procedures that ensure school personnel and parents, including private school personnel and parents, are aware of the State, local educational agency, and school's policies and procedures regarding seclusion and restraint; establish policies and procedures to keep all students, including students with the most complex and intensive behavioral needs, and school personnel safe; establish policies and procedures for planning for the appropriate use of restraint in crisis situations in accordance with this Act by a team of professionals trained in accordance with a State-approved crisis intervention training program; and establish policies and procedures to be followed after each incident involving the imposition of physical restraint upon a student, including— procedures to provide to the parent of the student, with respect to each such incident— a verbal or electronic communication on the same day as each such incident; and within 24 hours of each such incident, written notification; and after the imposition of physical restraint upon a student, procedures to ensure that— the person who imposed the restraint, the immediate adult witnesses, a representative of the administration, a school mental health professional, and at least 1 family member of the student participate in a debriefing session; and the student who was restrained is given the opportunity to discuss the student's perspective about the event with a trusted adult who will communicate to the debriefing session group. The debriefing session described in subparagraph (A)(iv)(II) shall occur as soon as practicable, but not later than 5 school days following the imposition of physical restraint unless it is delayed by written mutual agreement of the parent and school. Each adult witness in the proximity of the student immediately before and during the time of the physical restraint but not directly involved shall submit the witness's observations in writing for the debriefing session. Parents shall retain their full legal rights for children under the age of majority concerning participation in the debriefing or other matters. The debriefing session described in subparagraph (A)(iv)(II) shall include— identification of antecedents to the physical restraint; consideration of relevant information in the student’s records, and such information from teachers, other professionals, the parent, and student; planning to prevent and reduce reoccurrence of the use of physical restraint, including consideration of the results of any functional behavioral assessments, whether positive behavior plans were implemented with fidelity, recommendations of appropriate positive behavioral interventions and supports to assist personnel responsible for the student’s educational plan, the individualized education program for the student, if applicable, and plans providing for reasonable accommodations under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); a plan to have a functional behavioral assessment conducted, reviewed, or revised by qualified professionals, the parent, and the student; and for any student not identified as eligible to receive accommodations under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ) or services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), evidence of such a referral or documentation of the basis for declining to refer the student. When a student attends a debriefing session described in subparagraph (A)(iv)(II), information communicated by the student may not be used against the student in any disciplinary, criminal, or civil investigation or proceeding. In a case in which bodily injury or death of a student occurs in conjunction with the use of physical restraint or any intervention used to control behavior, there are procedures to notify, in writing, within 24 hours after such injury or death occurs— the State educational agency and local educational agency; local law enforcement; and a protection and advocacy system, in the case of a student who is eligible for services from the protection and advocacy system. The State or local educational agency, each school and educational program served by the State or local educational agency, and school personnel of such school or program shall not retaliate against any person for having— reported a violation of this section or Federal or State regulations or policies promulgated to carry out this section; or provided information regarding a violation of this section or Federal or State regulations or policies promulgated to carry out this section.
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