Keeping All Students Safe Act
- Last Action
- 5/25/2021
Actions
- 2021-05-25Referred to the Committee on Education and Labor, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2021-05-25Referred to the Committee on Education and Labor, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2021-05-25Introduced in House
- 2021-05-25Introduced in House
CRS Summary
As of 2021-05-25 (00)
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.
Cosponsors (20)
- Robert Scott (D-VA)
- A. McEachin (D-VA)
- Lisa Blunt Rochester (D-DE)
- Stephen Lynch (D-MA)
- Yvette Clarke (D-NY)
- Chellie Pingree (D-ME)
- Joyce Beatty (D-OH)
- Gwen Moore (D-WI)
- Steve Cohen (D-TN)
- Alan Lowenthal (D-CA)
- JAMES LANGEVIN (D-RI)
- Sean Casten (D-IL)
- BARBARA LEE (D-CA)
- Anthony Brown (D-MD)
- Mary Scanlon (D-PA)
- Ruben Gallego (D-AZ)
- ELEANOR NORTON (D-DC)
- Jesus Garcia (D-IL)
- SANFORD BISHOP (D-GA)
- Jimmy Panetta (D-CA)
Subjects
- Administrative law and regulatory procedures
- Administrative remedies
- Child health
- Child safety and welfare
- Civil actions and liability
- Congressional oversight
- Department of Defense
- Department of Education
- Department of Health and Human Services
- Department of the Interior
- Disability and paralysis
- Education of the disadvantaged
- Education programs funding
- Elementary and secondary education
- Emergency medical services and trauma care
- Employment and training programs
- Government information and archives
- Government studies and investigations
- Law enforcement officers
Sourced from Congress.gov (public domain).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.