Sec. 202. State plan
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Not later than 2 years after the date of enactment of this Act 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 comply with section 101, including with respect to State-approved crisis intervention training programs; and a State mechanism to effectively monitor and enforce compliance with section 101; 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 Department of Education; a description of the State plan to ensure program 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’s plan 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; for public comment— not less than 60 days prior to submission of the State plan, which shall provide stakeholders with the opportunity to provide written comments on the State plan, which shall be included in the State plan, including— how the policies and procedures comply with section 101; the policies and procedures related to State-approved crisis intervention programs; training provided to program personnel; and notification procedures for parents; and notice of which shall be provided in an accessible format, which is compliant with the most recent Web Content Accessibility Guidelines, or successor guidelines, for stakeholders and posted on a website; written response to the public comments provided by stakeholders under paragraph (5); and a description of State 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 examine 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 behavioral interventions and supports.
Not later than 2 years after the date of enactment of this Act, 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; and each Head Start agency (including each Early Head Start agency) designated under the Head Start Act ( 42 U.S.C. 9831 et seq.) shall prepare and submit to the Secretary and the Secretary of Health and Human Services, and make available to the public, a report that includes the information described in paragraph (2), except that— such information shall be provided with respect to each program served by the agency and with respect to children enrolled in Head Start programs; and the information described in subclause (II)(bb), subclause (III), and subclause
(IV)of paragraph (2)(B)(i) shall not be required. The report described in paragraph
(1)shall include with respect to physical restraint imposed upon students in the preceding full academic or program year— the total number of such incidents; the total number of students upon whom such physical restraint was imposed; in the case in which such physical restraint was imposed more than twice on a student, the number of times such student or child was so restrained; and the total number of such incidents where the use of physical restraint is referred to law enforcement. The information described in subparagraph
(A)shall be disaggregated as follows: With respect to the total number of incidents in which physical restraint was imposed upon a student, disaggregated by each of the following: By those that resulted in injury. By those that resulted in death. By those in which the program personnel imposing physical restraint was not trained and certified, as described in section 101(e)(1)(C)(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, and sex; 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 physical restraint in which a school resource officer or school security guard was involved, which may include the school resource officer or school security guard imposing the physical restraint or assisting with the physical restraint. By the type of school, including disaggregation by special education school, charter school, and private school. The information and disaggregation required under subparagraphs
(A)and
(B)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 not be required in a case in which the number of students in a category would reveal personally identifiable information about an individual student.
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