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Keeping All Students Safe Act
1/26/2024, 8:15 AM
Summary of Bill HR 3470
The bill prohibits the use of seclusion, mechanical restraints, chemical restraints, and physical restraints in schools, except in cases of emergency where there is a threat of harm to the student or others. It also requires schools to develop and implement policies to prevent and reduce the use of these practices, as well as to provide training to staff on positive behavior interventions and supports.
Additionally, the bill requires schools to report any incidents of restraint or seclusion to parents, as well as to state education agencies. It also mandates that schools collect and report data on the use of these practices, in order to ensure transparency and accountability. Overall, the Keeping All Students Safe Act aims to promote a safe and supportive learning environment for all students, by prohibiting harmful practices and promoting positive behavior interventions. It is currently being debated in Congress, with supporters arguing that it is necessary to protect vulnerable students, while opponents raise concerns about the potential impact on school discipline policies.
Congressional Summary of HR 3470
Keeping All Students Safe Act
This bill prohibits the use of seclusion and limits the use of physical restraint in schools and Head Start programs that receive federal funding.
Specifically, the bill prohibits the use of seclusion, which is the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving. The term does not include a time out, which may involve separating the student from others in a non-locked setting.
The bill prohibits the use of mechanical or chemical restraints or physical restraints that restrict breathing or are life threatening.
The bill outlines the requirements for the use of physical restraint, including that the student's behavior must pose an imminent danger of serious physical injury to the student or other individual. Each state must ensure that a sufficient number of program personnel are trained and certified by a state-approved crisis intervention training program. Additionally, each program must establish procedures to follow after an incident involving physical restraint.
Further, the bill establishes enforcement provisions, including a private right of action for a student who has been subjected to unlawful seclusion or restraint. The Department of Education and the Department of Health and Human Services must withhold payments from a program for unlawful seclusion or restraint.
Finally, the bill requires each state educational agency (SEA) to establish, implement, and enforce policies and procedures required by the bill. It also creates a grant program to assist SEAs with these activities.
