Bill > S3448

This bill, the "Keeping All Students Safe Act," aims to significantly restrict and prevent the use of seclusion and certain types of restraint in schools that receive federal funding. It defines "seclusion" as involuntarily confining a student alone in a room they cannot leave, and "chemical restraint" as using drugs to control behavior unless prescribed for a medical condition. "Mechanical restraint" refers to devices used to restrict movement, and "physical restraint" is a personal restriction that immobilizes a student, excluding less restrictive measures like a "physical escort" (briefly guiding a student). The bill prohibits "unlawful seclusion or restraint," which includes seclusion, mechanical restraint, chemical restraint, and physical restraint that restricts breathing or is life-threatening, or is contraindicated by a student's documented needs. It also mandates that any physical restraint used must be an imminent danger of serious injury, less restrictive interventions have failed, the restraint is imposed by trained personnel (or in rare emergencies), ends immediately when the danger ceases, and does not impede communication. The bill establishes a private right of action for students or parents subjected to unlawful restraint, allows for the withholding of federal funds from non-compliant programs, and requires states to develop plans and report on their efforts to reduce and prevent restraint and seclusion, with grants available to support these initiatives. Furthermore, it mandates notification to protection and advocacy systems in cases of student injury or death related to restraint, and requires schools operated or funded by the Departments of the Interior and Defense to comply with these provisions. The bill clarifies that it does not affect private schools not receiving federal funds or home schools.

Health and Social Services

https://www.congress.gov/bill/119th-congress/senate-bill/3448/all-info