Sec. 2. Definitions
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/bill/116/s/4924/is/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: 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 means the use of devices as a means of restricting a student’s freedom of movement.
The term physical escort means the temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a student who is acting out to walk to a safe location. 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 behavioral interventions and supports — means a schoolwide, systematic approach that embeds evidence-based practices and data-driven decision making to improve school climate and culture 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 teach and reinforce school-expected behaviors, while discouraging and diminishing undesirable behaviors.
The term program means— all of the operations of a local educational agency, system of vocational education, or other school system; a program that serves children who receive services for which financial assistance is provided in accordance with the Head Start Act ( 42 U.S.C. 9831 et seq.); or an elementary school or secondary school that is not a public school that enrolls a student who receives special education and related services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.).
Subject to subparagraph (B), the term program personnel means any agent of a program, including an individual who is employed by a program, or who performs services for a program on a contractual basis, including— school leaders; teachers; specialized instructional support personnel; paraprofessionals; or other staff. Notwithstanding subparagraph (A), program personnel shall not include a school resource officer or a school security guard. 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 resource officer means a sworn law enforcement officer who is— assigned by the employing police department to a program; contracting with a program; or employed by a program. The term school security guard means an individual who is not a sworn law enforcement officer and who is responsible for addressing one or more of the following safety and crime prevention activities in and around a program: Assisting program personnel in 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 program and outside agencies, including other law enforcement agencies. Screening students or visitors to the program 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 behavioral interventions and supports, safe physical escort, conflict prevention, understanding antecedents, deescalation, 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 to ensure compliance with section 101; and certification for school personnel, school resource 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— for purposes of title I, a student enrolled in a program; and for purposes of title II, a student enrolled in an elementary school or secondary school. The term time out means a behavior management technique that may involve the separation of the student from the group or classroom in a non-locked setting. The term time out does not include— seclusion; or a separation of the student described in subparagraph
(A)from which such student is physically or otherwise prohibited from leaving.
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