Sec. 5. Minimum standards; rules of construction
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Not later than 180 days after the date of enactment of this Act, to protect each student from physical or mental abuse, aversive behavioral interventions that compromise student health and safety, seclusion, or physical restraint imposed solely for purposes of discipline or convenience or in a manner otherwise inconsistent with this Act, the Secretary shall promulgate regulations establishing minimum standards consistent with this subsection. The Secretary of Health and Human Services, in coordination with the Secretary, shall promulgate regulations under this subsection with respect to Head Start agencies (including Early Head Start agencies) under the Head Start Act ( 24 U.S.C. 9801 et seq.).
From the amount appropriated under section 11, the Secretary may allocate funds to the Secretary of Health and Human Services to assist the Head Start agencies (including Early Head Start agencies) in establishing, implementing, and enforcing policies and procedures to meet the requirements established by regulations promulgated by the Secretary of Health and Human Services under clause (i). Each school personnel, school security guard, and school resource officer shall be prohibited from imposing on any student the following:
Seclusion. Mechanical restraints. Chemical restraints. Physical restraint or physical escort that is life threatening or that restricts breathing. 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 )); a plan developed pursuant to section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ) or title II of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq.); or other relevant record made available to the State or local educational agency involved.
Physical restraint that is not in compliance with paragraph (3). Any other form of aversive behavioral interventions. The use of physical restraint by any school personnel, school security guard, or school resource officer shall be considered in compliance with the minimum standards promulgated under this subsection only if each of the following requirements are met: The student’s behavior poses an imminent danger of serious physical injury to the student, school personnel, school security guard, school resource officer, or others.
Less restrictive interventions would be ineffective in stopping such imminent danger of serious physical injury. Such physical restraint is imposed by school personnel, or a school security guard or school resource officer, who— continuously monitors the student face-to-face; or if school personnel safety, or the safety of a school security guard or school resource officer, is significantly compromised by such face-to-face monitoring, such personnel, guard, or officer, is in continuous direct visual contact with the student by looking directly at the student from a distance rather than electronically monitoring the student using a security camera or other system.
Such physical restraint is imposed by— school personnel, or a school resource officer or school security guard, trained and certified by a State-approved crisis intervention training program; or school personnel, or a school security guard or school resource officer, not trained and certified as described in clause (i), in the case of a rare and clearly unavoidable emergency circumstance when school personnel, or a school resource officer or school security guard, trained and certified as described in clause
(i)is not immediately available due to the unforeseeable nature of the emergency circumstance. Such physical restraint ends immediately upon the cessation of the conditions described in subparagraph (A). The physical restraint does not interfere with the student’s ability to communicate in the student’s primary language or primary mode of communication. The physical restraint uses the least amount of force necessary to protect the student or others from the threatened injury. Each State, in consultation with local educational agency officials, shall ensure that a sufficient number of school personnel are trained and certified by a State-approved crisis intervention training program to meet the needs of the specific student population in each school. The use of physical restraint as a planned intervention shall not be written into a student’s education plan, individual safety plan, behavioral plan, or individualized education program (as defined in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 )), except that local educational agencies or schools may establish policies and procedures for use of physical restraint in school safety or crisis plans, provided that such a plan is not specific to any individual student. Each school shall establish procedures to be followed after an incident involving the imposition of physical restraint upon a student, which shall include each of the following: Procedures to provide to the parent of the student, with respect to such incident— an immediate verbal or electronic communication, as soon as is practicable and not later than the same day as the incident; and written notification, as soon as is practicable, and not later than 24 hours after the incident that shall include, at minimum— a description of the incident, including precipitating events; positive interventions used prior to restraint; the length of time of restraint; and a description of the serious physical injury of the student or others to necessitate the use of restraint. A meeting between parents of the student and the school, as soon as is practicable, and not later than 5 school days following the incident (unless such meeting is delayed by written mutual agreement of the parent and school)— which shall include, at a minimum— the parent of such student; the student involved (if appropriate); the school personnel, school resource officer, or school security guard who imposed the restraint; a teacher of such student; a school leader of such student; and an expert on behavior interventions, who may be a special education teacher; the purpose of which shall be to discuss the incident, as described by both the student and the school personnel, or the school resource officer or school security guard involved, including— any precipitating events; how the incident occurred; and prior positive behavior interventions and supports used to de-escalate the situation; and which shall include— the discussion of proactive strategies to prevent future need for the use of restraint; for a student identified as eligible to receive accommodations under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ) or title II of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq.), or accommodations or special education or related services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.), a discussion of the need for a functional behavioral assessment and a behavior intervention plan; or for a student not identified as eligible to receive accommodations under the provisions of law described in item (aa), evidence of a referral for such accommodations or special education or related services, or documentation of the basis for declining to such a referral for the student; provision to the parent, for use during the meeting, a written statement from each adult witness who was in the proximity of the student immediately before and during the time of the physical restraint, but was not directly involved in such restraint; and an assurance that in a case in which the student attends the meeting, the information communicated by the student in that meeting will be for purposes of debriefing an incident where restraint was imposed upon the student, and— may only be shared to the extent necessary to protect the safety of the student or others; and may not be used against the student in any disciplinary, criminal, or civil investigations or proceedings. Any other procedures consistent with this Act that the Secretary determines appropriate. The Secretary of the Interior shall ensure that schools operated or funded by the Department of the Interior comply with the regulations promulgated by the Secretary under subsection (a). The Secretary of Defense shall ensure that schools operated or funded by the Department of Defense Education Activity or otherwise operated or funded by the Department of Defense for the education of military-connected dependents comply with the regulations promulgated by the Secretary under subsection (a). Nothing in this Act shall be construed to authorize the Secretary to promulgate regulations prohibiting the use of— time out; and 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 a student in a moving vehicle. Nothing in this Act shall be construed to prevent a sworn law enforcement officer from carrying out the duties of the officer under otherwise applicable law.
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- 24 USC 9801
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Sec. 5
Minimum standards; rules of construction
Cite24 USC 9801
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