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Keeping All Students Safe Act
3/12/2024, 11:06 AM
Summary of Bill S 1750
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, as a form of discipline. It also restricts the use of physical restraint, which is the use of physical force to immobilize or reduce the ability of a student to move his or her torso, arms, legs, or head freely.
Under the Keeping All Students Safe Act, schools would be required to develop and implement policies and procedures to prevent and reduce the use of seclusion and restraint. These policies must include training for school personnel on positive behavior interventions and supports, de-escalation techniques, and crisis prevention and intervention. Additionally, the bill requires schools to notify parents within 24 hours if their child has been subjected to seclusion or restraint. Schools would also be required to report incidents of seclusion and restraint to the Department of Education, which would then make this information publicly available. Overall, the Keeping All Students Safe Act aims to promote a safe and supportive learning environment for all students by limiting the use of seclusion and restraint in schools.
Congressional Summary of S 1750
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.
