Sec. 7. Grants for State educational agencies
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From the amount appropriated under section 11, the Secretary may award, on a competitive basis, grants to State educational agencies to assist the agencies in— establishing, implementing, and enforcing the policies and procedures to meet the minimum standards established by regulations promulgated by the Secretary pursuant to section 5(a); improving State and local capacity to collect and analyze data related to physical restraint; and improving school climate and culture by implementing schoolwide positive behavior interventions and supports, mental health supports, restorative justice programs, trauma-informed care, and crisis and de-escalation interventions.
A grant under this section shall be awarded to a State educational agency for a 3-year period. Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including information on how the State educational agency will target resources to schools and local educational agencies in need of assistance related to preventing seclusion, and preventing and reducing physical restraint.
A State educational agency receiving a grant under this section may use such grant funds to award subgrants, on a competitive basis, to local educational agencies. A local educational agency desiring to receive a subgrant under this section shall submit an application to the applicable State educational agency at such time, in such manner, and containing such information as the State educational agency may require. A local educational agency receiving subgrant funds under this section shall, after timely and meaningful consultation with appropriate private school officials, ensure that private school personnel may participate, on an equitable basis, in activities supported by subgrant funds under this section.
The control of grant and subgrant funds under this section, and title to materials, equipment, and property purchased with such funds, shall be in a public agency for the uses and purposes provided in this Act, and a public agency shall administer such funds, materials, equipment, and property. Services described under this section shall be provided— by employees of a public agency; or through contract by the public agency with an individual or entity. An individual or entity described in subparagraph (A)(ii) that contracts with a public agency to provide services under this section shall be independent of a private school and of any religious organization.
Individuals providing such services shall be employed by and under the control and supervision of the public agency. Funds used to provide services under this section shall not be commingled with non-Federal funds. A State educational agency receiving a grant, or a local educational agency receiving a subgrant, under this section shall use such grant or subgrant funds to carry out the following: Establishing and implementing policies to prohibit seclusion, mechanical restraint, chemical restraint, and other forms of prohibited restraint in schools, consistent with the minimum standards established by regulations promulgated by the Secretary pursuant to section 5(a).
Implementing and evaluating strategies and procedures to prevent seclusion and to prevent and reduce physical restraint in schools, consistent with such standards. Providing professional development, training, and certification for school personnel to meet such standards. Analyzing the information included in a report prepared under section 6(b) to identify student, school personnel, and school needs related to preventing seclusion, and preventing and reducing the use of physical restraint.
Providing training to school resource officers, school security guards, and, as appropriate, school personnel, on how to comply with education and civil rights laws, including the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.) and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.), when interacting with students with disabilities, including, as applicable, when conducting law enforcement activities involving a students with disabilities.
In addition to the required activities described in subsection (f), a State educational agency receiving a grant, or a local educational agency receiving a subgrant, under this section may use such grant or subgrant funds for one or more of the following: Developing and implementing high-quality professional development and training programs to implement evidence-based systematic approaches to schoolwide positive behavior interventions and supports, including improving coaching, facilitation, and training capacity for administrators, teachers, specialized instructional support personnel, and other staff.
Providing technical assistance to implement evidence-based systematic approaches to schoolwide positive behavior interventions and supports, including technical assistance for data-driven decisionmaking related to behavioral supports and interventions in the classroom. Researching, evaluating, and disseminating high-quality evidence-based programs and activities that implement schoolwide positive behavior interventions and supports with fidelity. Supporting other local positive behavior interventions and supports implementation activities consistent with this subsection.
Developing, implementing, and providing technical assistance to support evidence-based programs that reduce the likelihood of physical restraint, and support students in reducing behavior that can result in physical restraint, such as mental health supports, restorative justice programs, trauma-informed care, and crisis and de-escalation interventions. Each State educational agency receiving a grant under this section shall, at the end of the 3-year grant period for such grant— evaluate the State’s progress toward the prevention of seclusion and the prevention and reduction of physical restraint in the schools located in the State, consistent with the minimum standards established by regulations promulgated by the Secretary pursuant to section 5(a); and submit to the Secretary a report on such progress.
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