II
111th CONGRESS
2d Session
S. 3895
IN THE SENATE OF THE UNITED STATES
September 29, 2010
Mr. Dodd (for himself and Mr. Burr) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
A BILL
To protect students from inappropriate seclusion and physical restraint, and for other purposes.
Short title; table of contents
Short title
This Act may be cited as the Keeping All Students Safe
Act
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
TITLE I—Prevention of seclusion and physical restraint in schools
Sec. 101. Definitions.
Sec. 102. Minimum standards; rule of construction.
Sec. 103. State plan and data collection requirements and enforcement.
Sec. 104. Grant authority.
Sec. 105. National evaluation.
Sec. 106. Head Start programs.
Sec. 107. Rule of authority.
Sec. 108. Limitation of authority.
Sec. 109. Authorization of appropriations.
TITLE II—Amendments to education laws
Sec. 201. Elementary and Secondary Education Act of 1965.
Sec. 202. Higher Education Act of 1965.
Findings
Congress finds the following:
Seclusion and physical restraint have resulted in serious bodily injury, psychological trauma, and death to children in schools. National research shows children have been subjected to inappropriate seclusion and physical restraint in schools as a means of discipline, to force compliance, or as a substitute for appropriate educational support.
Despite the widely recognized risks of seclusion and physical restraint, a substantial disparity exists between States and localities with regard to the protection and oversight of the rights of children to a safe learning environment.
Children are protected from inappropriate physical restraint and seclusion in other settings, such as hospitals, health facilities, and non-medical community-based facilities. Similar protections are needed in schools, yet such protections must acknowledge the differences of the school environment.
Research confirms that—
seclusion and physical restraint are not therapeutic; and
these practices are not effective means to calm or teach children and may have an opposite effect while simultaneously decreasing a child’s ability to learn.
Children are subjected to seclusion and physical restraint at higher rates than adults and are at greater risk of injury. Physical restraint that restricts air flow to the lungs, as well as seclusion in the absence of continuous face-to-face monitoring, has resulted in the deaths of children in schools.
Behavioral interventions for children must promote the right of all children to be treated with dignity. All children have the right to be free from abuse, any aversive behavioral intervention that compromises health and safety, and any physical restraint or seclusion imposed for purposes of discipline or convenience.
Safe and effective evidence-based strategies are available to support children who display challenging behaviors in school settings. Staff training focused on the dangers of seclusion and physical restraint, as well as training in evidence-based positive behavioral interventions and supports, de-escalation techniques, and seclusion and physical restraint prevention can reduce injury, trauma, and death.
School personnel have the right to work in a safe environment and should be provided training and support to prevent injury and trauma to themselves and others.
The effective implementation of school-wide positive behavioral interventions and supports is linked to greater academic achievement, significantly fewer disciplinary problems, increased instruction time, and staff perception of a safer teaching environment.
Perspectives of parents and relevant community and advocacy organizations, including those run by individuals with disabilities, are important when developing and implementing strategies, policies, and procedures to prevent or reduce seclusion and physical restraint in schools.
Purposes
The purposes of this Act are to—
prevent and reduce the use of seclusion and physical restraint in schools;
ensure the safety of all students and personnel in schools and promote a positive school culture and climate;
protect students from—
abuse;
any aversive behavioral intervention that compromises health and safety; and
any physical restraint or seclusion imposed for purposes of discipline or convenience;
ensure that seclusion and physical restraint are imposed in school only when a student’s behavior poses an imminent danger of serious bodily injury to the student, school personnel, or others; and
assist States, local educational agencies, and schools in—
establishing policies and procedures to keep all students, including students with the most complex and intensive behavioral needs, and school personnel safe;
providing school personnel with the necessary tools, training, and support to ensure the safety of all students and all school personnel;
collecting and analyzing data on seclusion and physical restraint in schools;
implementing systemic approaches to school-wide positive behavioral interventions and supports; and
identifying and implementing effective evidence-based models to prevent and reduce seclusion and physical restraint in schools.
Prevention of seclusion and physical restraint in schools
Definitions
In this Act:
ESEA definitions
The terms educational service agency, elementary school, local educational agency, parent, secondary school, and State have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Applicable program
The term applicable program has the meaning given the term in section 400(c) of the General Education Provisions Act (20 U.S.C. 1221(c)).
Chemical restraint
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 standard treatment of the student’s medical or psychiatric condition; or
administered as prescribed by the licensed physician or other qualified health professional acting under the scope of the professional’s authority under State law.
Free appropriate public education
The term free appropriate public education has the meaning given the term in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401).
Mechanical restraint
The term mechanical restraint means the use of devices as a means of restricting a student’s freedom of movement.
Positive behavioral interventions and supports
The term positive behavioral interventions and supports means a systematic approach to embed evidence-based practices and data-driven decisionmaking to improve school climate and culture, including a range of systemic and individualized strategies to reinforce desired behaviors and diminish reoccurrence of problem behaviors, in order to achieve improved academic and social outcomes and increase learning for all students, including those with the most complex and intensive behavioral needs.
Protection and advocacy system
In general
The term protection and advocacy system means a protection and advocacy system authorized under a covered provision.
Covered provision
In this paragraph, the term covered provision means subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.).
Physical escort
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.
Physical restraint
The term physical restraint means a personal restriction that immobilizes or reduces the ability of an individual to move the individual’s arms, legs, body, or head freely. Such term does not include a physical escort.
School
The term school means an entity that—
is—
a public day or residential elementary school or secondary school; or
an early childhood program that is under the jurisdiction of a public school, educational service agency, or other public educational institution or program; and receives, or serves students who receive, support in any form from any program supported in whole or in part with funds appropriated to the Department of Education;
is a private day or residential elementary school or secondary school that receives or serves a student who has been placed or referred to such school by, or whose education at such school is paid for by, a State or local educational agency under paragraph (B) or (C) of section 612(a)(10) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(10)(B), (C)), in order to provide the student with a free appropriate public education; or
is a school funded or operated by the Department of the Interior.
School personnel
The term school personnel means school personnel and school resource officers, as such terms are defined in section 4151 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7161), who are employed in a school.
Seclusion
The term seclusion means a behavior control technique involving the involuntary confinement of a student alone in a room, or other area, from which the student is physically prevented from leaving. Such term does not include a time out.
Secretary
The term Secretary means the Secretary of Education.
Serious bodily injury
The term serious bodily injury has the meaning given the term in section 1365(h) of title 18, United States Code.
State-approved training program
The term State-approved training program means a training program approved by a State that, at a minimum, provides—
training in evidence-based techniques shown to be effective in the prevention of seclusion and physical restraint;
training in evidence-based techniques shown to be effective in keeping both school personnel and students safe when imposing physical restraint or seclusion;
evidence-based skills training that is related to positive behavioral interventions and supports, conflict prevention, functional behavior assessments, de-escalation, and conflict management;
training in first aid and cardiopulmonary resuscitation;
information describing State policies and procedures that meet the minimum standards established by regulations promulgated pursuant to section 102(a); and
certification for school personnel in the techniques and skills described in subparagraphs (A) through (D), which shall be required to be renewed on a periodic basis.
State educational agency
The term State educational agency means a State educational agency, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), that receives support in any form from an applicable program.
Student
The term student means a student—
who is enrolled in a school described in subparagraph (A) or (C) of paragraph (10); or
who is enrolled in a private school described in paragraph (10)(B) and who is receiving a free appropriate public education at the school, under subparagraph (B) or (C) of section 612(a)(10) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(10)(B), (C)).
Time out
The term time out means a behavior management technique that is part of an approved treatment program and may involve the separation of the student from the group, in a non-locked setting, for the purpose of calming. Time out is not seclusion.
Minimum standards; rule of construction
Minimum standards
Not later than 1 year after the date of enactment of this Act, in order to protect each student from any aversive behavioral intervention that compromises student health and safety or any physical restraint or seclusion imposed for purposes of discipline or convenience or in a manner otherwise inconsistent with this Act, the Secretary shall promulgate regulations establishing the following minimum standards:
School personnel shall be prohibited from imposing on any student the following:
Mechanical restraint.
Chemical restraint.
Physical restraint or physical escort that restricts breathing.
Aversive behavioral intervention that compromises health and safety.
School personnel shall be prohibited from imposing physical restraint or seclusion on a student unless—
the student’s behavior poses an imminent danger of serious bodily injury to the student, school personnel, or others; and
less restrictive interventions would be ineffective in stopping such imminent danger of serious bodily injury.
In the event physical restraint or seclusion is imposed upon a student, such physical restraint or seclusion shall—
end upon the cessation of the conditions described in paragraph (2);
be imposed by school personnel who—
continuously monitor the student face-to-face; or
if school personnel safety would be significantly compromised by such face-to-face monitoring, are in continuous direct visual contact with the student; and
be imposed by—
school personnel trained and certified by a State-approved training program; or
other school personnel in the case of a rare and clearly unavoidable emergency circumstance when school personnel trained and certified as described in clause (i) are not immediately available due to the unforeseeable nature of the emergency circumstance.
Each State, in consultation with local educational agencies and private schools, shall ensure that a sufficient number of school personnel are trained and certified by a State-approved training program to meet the needs of the specific student population in each school.
The use of physical restraint or seclusion shall not be written into a student’s education plan, individual safety plan, behavioral plan, or individualized education program (as defined in section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d))) unless all of the following conditions apply:
The use of physical restraint and seclusion complies with the minimum standards of this section and any other applicable State law (including regulations) regarding physical restraint or seclusion, to the extent State law (including regulations) provide additional protection for students.
The student has a documented history showing a series of behaviors in the preceding 2 years that has created an imminent danger of serious bodily injury in school.
A comprehensive, data-driven functional behavior assessment has been conducted, and a behavioral intervention plan implemented, by a qualified team of professionals.
After the imposition of physical restraint or seclusion upon a student, all school personnel involved in the physical restraint or seclusion and appropriate supervisory and administrative staff shall participate in a debriefing session. The debriefing session shall occur not later than 5 school days following the imposition of physical restraint or seclusion, unless the debriefing session is delayed, at the request of a student’s parent so that the parent can also attend. The debriefing session shall include—
documentation of circumstances leading to use of physical restraint or seclusion;
planning to prevent and reduce reoccurrence of the use of physical restraint or seclusion; and
a plan to have a qualified team of professionals conduct, review, or revise a functional behavioral assessment.
Each local educational agency shall establish procedures to be followed after each incident in a school involving the imposition of physical restraint or seclusion upon a student, including—
procedures to provide to the parent of the student, with respect to each such incident—
a documented, reasonable attempt to provide immediate verbal or electronic communication on the same day as each such incident;
within 24 hours of each such incident, written notification; and
advance notice of the debriefing session described in paragraph (6) that will be held regarding such incident and an opportunity to attend the debriefing session or request that the debriefing session be rescheduled so that the parent may attend; and
in a case in which serious bodily injury or death of a student of the school occurs from the use of seclusion or physical restraint, procedures to notify, in writing, within 24 hours after such injury or death occurs—
the State educational agency and local educational agency;
a protection and advocacy system, in the case of a student who is eligible for protection and advocacy services through that system; and
if appropriate, law enforcement officials.
Secretary of the interior
The Secretary of the Interior shall ensure that schools operated or funded by the Department of the Interior comply with the regulations promulgated by the Secretary under subsection (a).
Rule of construction regarding certain practices
Nothing in this section shall be construed to authorize the Secretary to promulgate regulations prohibiting the use of—
time out;
devices implemented by a trained school personnel, or utilized by a student, for the specific and approved therapeutic or safety purposes for which such devices were designed, and, if applicable, prescribed, including—
restraints for medical immobilization;
adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such a mechanical support; or
vehicle safety restraints when used as intended during the transport of a student in a moving vehicle; and
handcuffs by school resource officers (as such term is defined in section 4151 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7161))—
in the case where a student’s behavior poses an imminent danger of serious bodily injury to the student, school personnel, or others; or
in the lawful exercise of law enforcement duties; and
if less restrictive interventions would be ineffective.
Interaction with minimum standards and State law (including regulations)
In general
Any education plan, individual safety plan, behavioral plan, or individualized education program (as defined in section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d))) for a student in a State shall conform to the minimum standards described in subsection (a) and with State law (including regulations) regarding physical restraint or seclusion, to the extent State law (including regulations) provide additional protection for students.
Individualized education programs
With respect to a student attending a school served by a State educational agency, the requirements under subsection (a)(5) shall be treated, for all purposes under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), as if such requirements were included in section 614(d) of such Act (20 U.S.C. 1414(d)), notwithstanding any other provision of law.
State plan and data collection requirements and enforcement
State plan
Submission of plans
Not later than 2 years after the Secretary promulgates regulations pursuant to section 102(a), and every 3 years thereafter, each State educational agency shall submit to the Secretary, and make available to the general public, a State plan that provides—
assurances to the Secretary that the State has in effect—
State policies and procedures that meet the minimum standards, including the standards with respect to State-approved training programs, established by the regulations prescribed by the Secretary pursuant to section 102(a); and
a State mechanism to effectively monitor and enforce the minimum standards;
a description of the State policies and procedures described in subparagraph (A)(i); and
a description of the plans to ensure school personnel and parents, including private school personnel and parents, are aware of the State policies and procedures.
Updated plans
Each State educational agency shall submit a new State plan to the Secretary each time the State educational agency updates or makes a material change in the State plan.
Reporting
Reporting requirements
Not later than 2 years after the date the Secretary
promulgates regulations pursuant to section 102(a), 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 with respect to each local educational agency, and each school not
under the jurisdiction of a local educational agency, located in the same State
as such State educational agency that includes the information described in
paragraph (2).
Information requirements
General information requirements
The report described in paragraph (1) shall include information on—
the total number of incidents in the preceding full academic year in which physical restraint was imposed upon a student; and
the total number of incidents in the preceding full academic year in which seclusion was imposed upon a student.
Disaggregation
General disaggregation requirements
The information described in subparagraph (A) shall be disaggregated by—
the total number of incidents in which physical restraint or seclusion was imposed upon a student—
that resulted in serious bodily injury to a student;
that resulted in serious bodily injury to school personnel;
that resulted in the death of a student;
in which the school personnel imposing physical restraint or seclusion were not trained and certified as described in section 102(a)(3)(C)(i); and
in a way that did not meet the minimum standards established by the regulations prescribed by the Secretary pursuant to section 102(a); and
the demographic characteristics of all students upon whom physical restraint or seclusion was imposed, including—
the categories described in section 1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i));
age; and
disability status, which has the meaning given the term individual with a disability in paragraph (20) (except for subparagraph (A)) of section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705(20)).
Unduplicated count; exception
The disaggregation required under clause (i) 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
total number of incidents in the preceding full-academic year in which seclusion 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.
Enforcement
In general
Use of remedies
If a State educational agency fails to comply with subsection (a) or (b), the Secretary shall—
require the State educational agency to submit and implement, not later than 1 year after the State’s failure to comply, a corrective plan of action, which may include redirection of funds received under an applicable program after the date of enactment of this Act;
withhold from the State educational agency, in whole or in part, further payments under an applicable program in accordance with section 455 of the General Education Provisions Act (20 U.S.C. 1234d); or
issue a complaint to compel compliance of the State educational agency through a cease and desist order, in the same manner the Secretary is authorized to take such action under section 456 of the General Education Provisions Act (20 U.S.C. 1234e).
Cessation of withholding of funds
Whenever the Secretary determines (whether by certification or other appropriate evidence) that a State educational agency that is subject to the withholding of payments under subparagraph (A)(ii) has cured the failure providing the basis for the withholding of payments, the Secretary shall cease the withholding of payments with respect to the State educational agency under such subparagraph.
Rule of construction
Nothing in this subsection shall be construed to limit the Secretary’s authority under the General Education Provisions Act (20 U.S.C. 1221 et seq.).
Grant authority
In general
From the amount appropriated under section 109, the Secretary may award grants to State educational agencies to assist the State educational agencies in—
establishing, implementing, and enforcing the policies and procedures to meet the minimum standards required by regulations prescribed by the Secretary pursuant to section 102(a);
improving State and local capacity to collect and analyze data related to physical restraint and seclusion; and
improving school climate and culture by implementing school-wide positive behavioral interventions and supports.
Duration of grant
A grant under this section shall be awarded to a State educational agency for a 3-year period.
Application
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 and reducing physical restraint and seclusion.
Authority To make subgrants
In general
A State educational agency receiving a grant under this section may carry out the activities described in subsections (f) and (g), as required under the grant, by awarding subgrants, on a competitive basis, to local educational agencies.
Application
A local educational agency desiring to receive a subgrant under paragraph (1) 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.
Private school participation
In general
A local educational agency receiving a subgrant under this section shall, after timely and meaningful consultation with appropriate private school officials in the school district served by the local educational agency, ensure that private school personnel can participate, on an equitable basis, in activities supported by subgrant funds.
Public control of funds
The control of funds provided under this section, and title to materials, equipment, and property purchased with such funds, shall be in a public agency, and a public agency shall administer such funds, materials, equipment, and property.
Required activities
A State educational agency receiving a grant under this section shall use such grant funds to carry out all of the following:
Researching, developing, implementing, and evaluating strategies, policies, and procedures to prevent and reduce seclusion and physical restraint in schools consistent with the minimum standards required by regulations prescribed by the Secretary pursuant to section 102(a).
Providing professional development, training, and certification for school personnel to meet such standards.
Carrying out the reporting requirements under section 103(b) and analyzing the information included in a report prepared under such section to identify student, school personnel, and school needs related to use of physical restraint and seclusion.
Developing and implementing high-quality professional development and training programs to implement evidence-based systematic approaches to school-wide positive behavioral interventions and supports, including improving coaching, facilitation, and training capacity for administrators, teachers, specialized instructional support personnel, paraprofessionals, and other staff.
Providing technical assistance to develop and implement evidence-based systematic approaches to school-wide positive behavioral interventions and supports, including technical assistance for data-driven decisionmaking related to behavioral supports and interventions in the classroom.
Authorized activities
A State educational agency receiving a grant under this section may use such grant funds for one or more of the following:
Researching, evaluating, and disseminating high-quality evidence-based programs and activities that implement school-wide positive behavioral interventions and supports with fidelity.
Supporting other local positive behavioral intervention and support implementation activities consistent with this subsection, including functional behavioral assessments.
Evaluation and report
Each State educational agency receiving a grant under this section shall, at the end of the grant period—
evaluate the State’s progress toward the reduction and elimination of seclusion and physical restraint in the schools located in the State, consistent with the minimum standards required by regulations prescribed by the Secretary pursuant to section 102(a); and
submit to the Secretary a report on such progress.
Department of the interior
From the amount appropriated under section 109, the Secretary of Education may allocate funds to the Secretary of the Interior for activities under this section with respect to schools operated or funded by the Department of the Interior, under such terms as the Secretary of Education may prescribe.
National evaluation
National evaluation
The Secretary shall carry out a national evaluation to determine the effectiveness of this Act, which shall include—
analyzing data related to seclusion and physical restraint in schools;
analyzing the effectiveness of Federal, State, and local efforts to reduce the number of seclusion and physical restraint incidents in schools;
identifying the types of programs and services that have demonstrated the greatest effectiveness in preventing and reducing the number of physical restraint and seclusion incidents in schools; and
identifying personnel training models with demonstrated success in preventing and reducing the number of seclusion and physical restraint incidents in schools, including models that emphasize positive behavioral interventions and supports and de-escalation techniques over physical intervention.
Report
The Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate—
an interim report that summarizes the preliminary findings of the evaluation described in subsection (a) not later than 3 years after the date of enactment of this Act; and
a final report of the findings of the evaluation not later than 5 years after the date of the enactment of this Act.
Head Start programs
Regulations
The Secretary of Health and Human Services, in consultation with the Secretary of Education, shall promulgate regulations with respect to Head Start agencies administering Head Start programs under the Head Start Act (42 U.S.C. 9801 et seq.) that establish requirements consistent with—
the requirements established by regulations promulgated pursuant to section 102(a); and
the reporting and enforcement requirements described in subsections (b) and (c) of section 103.
Grant authority
From the amount appropriated under section 109, the Secretary of Education may allocate funds to the Secretary of Health and Human Services to assist the Head Start agencies in establishing, implementing, and enforcing policies and procedures to meet the requirements established by regulations promulgated pursuant to subsection (a).
Rule of authority
In general
Nothing in this Act shall be construed to restrict or limit, or allow the Secretary to restrict or limit, any other rights or remedies otherwise available to students or the families of students under Federal or State law (including regulations).
Applicability
Private schools
Nothing in this Act shall be construed to affect any private school that does not receive, or does not serve, any student who receives a free appropriate public education at such school under subparagraph (B) or (C) of section 612(a)(10) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(10)(B), (C)).
Home schools
Nothing in this Act shall be construed to affect a home school, whether or not a home school is treated as a private school or home school under State law (including regulations), nor shall a parent who is schooling a child at home be considered or classified as school personnel for purposes of this Act.
Protection and Advocacy Systems
Nothing in this Act shall be construed to limit or expand the rights or authority of a protection and advocacy system, provided under a covered provision as defined in section 101(7), to investigate, monitor, and enforce protections for students who are eligible for protection and advocacy services under such covered provision.
Limitation of authority
Nothing in this Act shall be construed to restrict or limit, or allow the Secretary to restrict or limit, any other rights or remedies otherwise available to students or parents under Federal or State law (including regulations).
Authorization of appropriations
There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2011 and each of the 4 succeeding fiscal years.
Amendments to education laws
Elementary and Secondary Education Act of 1965
State plans and State reports
Section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) is amended—
in subsection (b)—
in paragraph
(13), by striking and
after the semicolon;
in paragraph
(14), by striking the period at the end and inserting ; and
;
and
by adding at the end the following:
the State educational agency will—
assist local educational agencies in implementing positive behavioral interventions and supports in schools in the local educational agency on a whole-school basis;
provide technical assistance and training to local educational agencies to improve positive behavioral interventions and supports and to coordinate such interventions and supports with similar activities under the Individuals with Disabilities Education Act; and
evaluate the effects of providing positive behavioral interventions and supports.
; and
in subsection (h)(1)(C)—
in clause (vii),
by striking and
after the semicolon;
in clause (viii),
by striking the period at the end and inserting ; and
;
and
by adding at the end the following:
the number of local educational agencies that implement positive behavioral interventions and supports.
.
Local educational agency plans
Section 1112(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6312(b)(1)) is amended—
in subparagraph
(P), by striking and
after the semicolon;
in subparagraph
(Q), by striking the period at the end and inserting ; and
;
and
by adding at the end the following:
a description of the actions the local educational agency will take to provide positive behavioral interventions and supports and to coordinate such interventions and supports with similar activities under the Individuals with Disabilities Education Act.
.
School-Wide programs
Section 1114(b)(1)(B)(iii)(I) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314(b)(1)(B)(iii)(I)) is amended—
by redesignating items (bb) and (cc) as items (cc) and (dd), respectively; and
by inserting after item (aa) the following:
implementation of school-wide positive behavioral interventions and supports, including through coordination of such interventions and supports with similar activities under the Individuals with Disabilities Education Act;
.
Assessments and school improvement
Section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316) is amended—
in subsection (b)(3)(A)—
in clause (ix),
by striking and
after the semicolon;
in clause (x), by
striking the period at the end and inserting ; and
; and
by adding at the end the following:
adopt policies or practices to implement or improve positive behavioral interventions and supports and enhance coordination of such interventions and supports with similar activities under the Individuals with Disabilities Education Act.
; and
in subsection (c)(7)(A)—
in clause (vii),
by striking and
after the semicolon;
in clause (viii),
by striking the period at the end and inserting ; and
;
and
by adding at the end the following:
improve or expand positive behavioral interventions and supports and enhance coordination of such interventions and supports with similar activities under the Individuals with Disabilities Education Act.
.
School support and recognition
Section 1117(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6317(a)) is amended—
by striking paragraph (3) and inserting the following:
Regional and specialty centers
Such a statewide system shall, to the extent practicable, work with and receive support and assistance from—
regional educational laboratories established under part D of the Education Sciences Reform Act of 2002;
comprehensive centers established under the Educational Technical Assistance Act of 2002;
comprehensive regional technical assistance centers and regional educational laboratories under section 941(h) of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (as such section existed on the day before the date of enactment of the Education Sciences Reform Act of 2002); and
technical assistance centers on school-wide positive behavioral interventions and supports funded under section 665(b) of the Individuals with Disabilities Education Act; or
other providers of technical assistance.
; and
in paragraph (5)(B)—
in clause (i), by
inserting before the semicolon , including by improving or expanding the
use of positive behavioral interventions and supports and coordinating such
interventions and supports with similar activities under the Individuals with
Disabilities Education Act
;
in clause (iii),
by striking and
after the semicolon;
in clause (iv),
by striking the period at the end and inserting ; and
;
and
by adding at the end the following:
review and analyze the school’s efforts to address behavioral or disciplinary problems; and
assist the school in developing or improving school-wide positive behavioral interventions and supports and coordinating such interventions and supports with similar activities under the Individuals with Disabilities Education Act.
.
Parental Involvement
Section 1118(e) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6318(e)) is amended—
by redesignating paragraphs (6) through (14) as paragraphs (7) through (15), respectively; and
by inserting after paragraph (5) the following:
shall provide information about the school’s use of positive behavioral interventions and supports;
.
Definitions
Section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is amended—
by redesignating paragraphs (33) through (43) as paragraphs (34) through (44), respectively; and
by inserting after paragraph (32) the following:
Positive behavioral interventions and supports
The term positive behavioral interventions and supports has the meaning given the term in section 101 of the Keeping All Students Safe Act.
.
Higher Education Act of 1965
Definitions
Section 200 of the Higher Education Act of 1965 (20 U.S.C. 1021) is amended—
by redesignating paragraphs (18) through (23) as paragraphs (19) through (24), respectively;
by inserting after paragraph (17) the following:
Positive behavioral interventions and supports
The term positive behavioral interventions and supports has the meaning given the term in section 101 of the Keeping All Students Safe Act.
; and
in paragraph
(22)(B) (as redesignated by paragraph (1)), by striking
(including
and all that follows through supports)
and inserting (including positive behavioral interventions and supports
and other approaches that improve the school-wide climate for
learning)
.
Partnership grants
Section 202 of the Higher Education Act of 1965 (20 U.S.C. 1022a) is amended—
in subsection (b)(6)—
by redesignating subparagraphs (G) through (K) as subparagraphs (H) through (L), respectively; and
by inserting after subparagraph (F) the following:
how the partnership will prepare general education and special education teachers to implement positive behavioral interventions and supports;
;
in subsection (d)(1)(B)(ii)—
in subclause (V),
by striking and
after the semicolon at the end;
in subclause (VI), by striking the semicolon and inserting a period;
by redesignating subclause (VI) as subclause (VII); and
by inserting after subclause (V) the following:
can effectively implement positive behavioral interventions and supports; and
; and
in subsection
(f)(1)(B)(iv), by inserting (including through the implementation of
school-wide positive behavioral interventions and supports and other approaches
that improve the school-wide climate)
before the semicolon.
Accountability for programs that prepare teachers
Section 205 of the Higher Education Act of 1965 (20 U.S.C. 1022d) is amended—
by striking subparagraph (G) of subsection (a)(1) and inserting the following:
Teacher Training
A description of the activities that prepare general education and special education teachers to—
teach students with disabilities effectively, including training related to participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act;
effectively implement positive behavioral interventions and supports; and
effectively teach students who are limited English proficient.
;
in subsection (b)(1), by adding at the end the following:
The extent to which teacher preparation programs prepare teachers, including general education and special education teachers, to effectively implement positive behavioral interventions and supports.
; and
in subsection
(d)(1), by striking through (L)
and inserting through
(M)
.
Teacher development
Section 206(b) of the Higher Education Act of 1965 (20 U.S.C. 1022e(b)) is amended—
in paragraph (4),
by striking and
after the semicolon;
by redesignating paragraph (5) as paragraph (6); and
by inserting after paragraph (4) the following:
prospective teachers receive training on how to implement effectively positive behavioral interventions and supports; and
.