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Code · BILL · 115th Congress · H.R. 7124 (Introduced in House) — To prohibit and prevent seclusion and to prevent and reduce the use of physical restraint in schools, and for other p... · Sec. 4

Sec. 4. Definitions

974 words·~4 min read·/bill/115/hr/7124/ih/section-4·

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) of the General Education Provisions Act ( 20 U.S.C. 1221(c) ). 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 early childhood education program , educational service agency , elementary school , local educational agency , other staff , paraprofessional , parent , school leader , secondary school , specialized instructional support personnel , State , and State educational agency have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). 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 .
The term military-connected dependents means children described in subparagraphs
(B)and (D)(i) of section 7003(a)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7703(a)(1) ). The term physical escort has the meaning given the term in section 595(d)(2) of the Public Health Service Act ( 42 U.S.C. 290jj(d)(2) ), except that the meaning shall be applied by substituting student for resident . The term physical restraint means a personal restriction that immobilizes or reduces the ability of an individual to move the individual’s arms, legs, torso, or head freely, except that such term does not include a physical escort, mechanical restraint, or chemical restraint. The term positive behavior interventions and supports — means a schoolwide, systematic approach to embed evidence-based practices and data-driven decisionmaking to improve school climate and culture (including a range of systemic and individualized positive strategies to reinforce desired behaviors and diminish reoccurrence of challenging behaviors), in order to achieve improved academic and social outcomes and increase learning for all students (including students 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 section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ). The term school means— an elementary school or secondary school; or an entity that— provides elementary and secondary education; and receives, or serves students who receive, support in any form from any program supported, in whole or in part, with Federal funds. The term school personnel means individuals who are employed by a school, or who perform services for a school on a contractual basis as— school leaders; teachers; specialized instructional support personnel; paraprofessionals; or other staff. The term school resource officer means a sworn law enforcement officer who is— assigned by the employing police department to a local educational agency or school; contracting with a local educational agency or school; or employed by a local educational agency. The term school security guard means a contractor or an employee of a local educational agency or school responsible for addressing one or more of the following safety and crime prevention activities in and around a school: Assisting school personnel in school safety incidents. Educating students in crime and illegal drug use prevention and safety. Developing or expanding community justice initiatives for students. Training students in conflict resolution and supporting restorative justice programs. Serving as a liaison between the school and outside agencies, including other law enforcement agencies. Screening students or visitors to the school for prohibited items. The term seclusion means the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving, except that such term does not include a time out. The term Secretary means the Secretary of Education. The term special education school means a school that focuses primarily on serving the needs of students with disabilities under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.) or section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). The term State-approved crisis intervention training program means a training program approved by a State and the Secretary that, at a minimum, provides— training in evidence-based techniques shown to be effective in the prevention of physical restraint; evidence-based skills training related to positive behavior supports, safe physical escort, conflict prevention, understanding antecedents, de-escalation, and conflict management; training in evidence-based techniques shown to be effective in keeping both school personnel and students safe when imposing physical restraint; training in first aid and car­di­o­pul­mo­nar­y resuscitation; information describing State policies and procedures that meet the minimum standards established by regulations promulgated pursuant to section 5(a); and certification for school personnel, school resources officers, and school security guards in the techniques 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 enrolled in a school, except that in the case of a student enrolled in a private school or private program, such term means a student who receives support in any form from any program or activity supported, in whole or in part, with Federal funds. The term time out has the meaning given the term in section 595(d)(5) of the Public Health Service Act ( 42 U.S.C. 290jj(d)(5) ), except that the meaning shall be applied by substituting student for resident .
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cites case law
Sec. 4
Definitions
U.S.C.§ 1221
U.S.C.§ 7801
U.S.C.§ 290jj
U.S.C.§ 7703
U.S.C.§ 15043
U.S.C.§ 1400
U.S.C.§ 794
Cites 7Cited by 0 across 0 sources
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