Sec. 5. State plan and enforcement
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/bill/115/hr/160/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 18 months after the date of enactment of this Act and every third 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 policies and procedures that eliminate the use of corporal punishment in schools; a description of the State’s policies and procedures; and a description of the State plans to ensure school personnel and parents, including private school personnel and parents, are aware of the State’s policies and procedures.
If a State educational agency fails to comply with subsection (a), 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 ); enter into a compliance agreement in accordance with section 457 of the General Education Provisions Act ( 20 U.S.C. 1234f ); 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 that 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. ).
Nothing in this section shall be construed to preclude school personnel from using, within the scope of employment, reasonable restraint to the lightest possible degree upon a student, if— 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; and the reasonable restraint ends immediately upon the cessation of the conditions described in paragraphs
(1)and (2).
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