Sec. 6. State plan and report requirements and enforcement

1,337 words·~6 min read·/bill/115/hr/7124/ih/section-6·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Not later than 2 years after the Secretary promulgates regulations pursuant to section 5(a), and each year thereafter, each State educational agency shall submit to the Secretary a State plan that provides— demonstrations to the Secretary that the State has in effect— State policies and procedures that meet the minimum standards, including the standards with respect to State-approved crisis intervention training programs, established by regulations promulgated pursuant to section 5(a); and a State mechanism to effectively monitor and enforce the minimum standards; a description of the State policies and procedures, including a description of the State-approved crisis intervention training programs in such State and how the State ensures accurate and timely reporting to the Office for Civil Rights of the Department of Education; a description of the State plans to ensure school personnel, students, and parents (including private school personnel, students, and parents) are aware of the State policies and procedures; a description of the State activities described in the State plan and approved by the Secretary as required under section 1111(g) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(g) ) that reduce aversive behavioral interventions and improve school conditions; a description of the State efforts to engage stakeholders for input on the development of State policies and procedures to meet the minimum standards of this Act, which shall include consultation with— parents; individuals with disabilities; advocacy organizations representing individuals with disabilities; teachers; school personnel; administrators; civil rights organizations; and mental health experts; and a description of oversight of schools that includes— monitoring use of restraint in the schools; monitoring compliance with the prohibition on seclusion in schools; not less than every 6 months, discussions between State educational agency officials and school leaders to discuss the progress of reducing the use of physical restraint in schools; not less than annual site visits to the special education schools in the State; and technical assistance to focus on the use of proactive, positive interventions.

Not later than 2 years after the date the Secretary promulgates regulations pursuant to section 5(a), and each year thereafter, each State educational agency shall (in compliance with the requirements of section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974) ( 20 U.S.C. 1232g )) prepare and submit to the Secretary, and make available to the public, a report that includes the information described in paragraph (2), with respect to each local educational agency, each special education school, and each school not under the jurisdiction of a local educational agency, located in the same State as such State educational agency.

The report described in paragraph

(1)shall include— with respect to physical restraint imposed upon students in the preceding full academic year— the total number of such incidents; the total number of students upon whom such restraint was imposed; in the case in which such restraint was imposed more than twice on a student, the number of times such student was so restrained; and the total number of such incidents where the use of restraint is referred to law enforcement; and other information relevant to implementation of this Act, as determined by the Secretary. The information described in subparagraph

(A)shall be disaggregated— by the total number of incidents in which physical restraint was imposed upon a student— that resulted in injury; that resulted in death; and in which the school personnel imposing physical restraint were not trained and certified as described in section 5(a)(3)(D)(i); by the demographic characteristics of all students upon whom physical restraint was imposed, including disaggregation— by each major racial and ethnic group, economically disadvantaged students as compared to students who are not economically disadvantaged, English proficiency status, sex, and migrant status; by students with an individualized education program under section 614(d) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d) ); by students who have a plan developed pursuant to section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); and by students who have a plan developed pursuant to title II of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq.); by the total number of incidents of restraint in which school personnel, or a school resource officer or school security guard was involved, which may include the school personnel, school resource officer, or school security guard imposing the physical restraint or assisting with the physical restraint; and by the type of school, including disaggregation by special education school, charter school, and private school. The disaggregation required under clause (i)— shall be carried out in a manner to ensure an unduplicated count of the total number of incidents in the preceding full academic year in which physical restraint was imposed upon a student; and shall not be required in a case in which the number of students in a category would reveal personally identifiable information about an individual student. If a State educational agency fails to comply with subsection

(a)or (b), the Secretary shall— withhold, in whole or in part, further payments under an applicable program in accordance with section 455 of the General Education Provisions Act ( 20 U.S.C. 1234d ); require a State educational agency to submit, and implement, within 1 year of such failure to comply, a corrective plan of action, which shall include specific timeframes and actions, and which may include redirection of funds received under an applicable program; 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 ); and refer the State to the Civil Rights Division of the Department of Justice and the Office for Civil Rights of the Department of Education for an investigation. 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 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, State, or local law; or to restrict or limit Federal, State, or local laws, regulations, or policies that provide for more stringent prohibitions or limitations on the use of seclusion, restraint, or aversive interventions than the prohibitions or limitations that are provided for in this Act. A student or parent 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, State, or local 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, or other available remedies 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 this paragraph, regardless of whether or not the student is seeking relief that is also available under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.). The Secretary of Health and Human Services, in coordination with the Secretary, shall— promulgate regulations with respect to how the reporting requirements described under subsection

(b)shall be carried out with respect to Head Start agencies (including Early Head Start agencies) under the Head Start Act ( 42 U.S.C. 9801 et seq.); and carry out the enforcement activities described in subsection

(c)with respect to such agencies.

Connectionstraces to 13

Traces to 13 documents

U.S. Code