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Code · BILL · 113th Congress · S. 2036 (Introduced in Senate) — To protect all school children against harmful and life-threatening seclusion and restraint practices. · Sec. 5

Sec. 5. Interactions; Rules of construction

329 words·~1 min read·/bill/113/s/2036/is/section-5

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Nothing in this Act shall be construed to restrict or limit, or allow the Secretary to restrict or limit, any other rights or remedies otherwise available to students or parents under Federal or State law (including regulations) or to restrict or limit stronger restrictions on the use of restraint, seclusion, or aversives in Federal or State law (including regulations) or in State policies. Nothing in this Act shall be construed to authorize the Secretary to promulgate regulations prohibiting the use of— time outs; or 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 students in a moving vehicle.
Failure to meet the minimum standards of this Act as applied to an individual child eligible for accommodations developed pursuant to section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) or for education or related services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ) shall constitute a denial of a free appropriate public education. A student may file a civil action under the Constitution, the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), title V of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 et seq. ), or other applicable Federal law in the case of the use of seclusion or restraint in violation of this Act seeking relief from the use of seclusion or restraint with respect of such student.
Section 615(l) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1415(l) ) shall not apply to an action filed pursuant to paragraph (1).
Connectionstraces to 5
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Sec. 5
Interactions; Rules of construction
U.S.C.§ 794
U.S.C.§ 1400
U.S.C.§ 12101
U.S.C.§ 791
U.S.C.§ 1415
Cites 5Cited by 0 across 0 sources
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