Formerly called “Preventing Harmful Restraint and Seclusion in Schools Act”. Directs the Secretary of Education (Secretary) to establish minimum standards that: (1) prohibit elementary and secondary school personnel from managing any student by using any mechanical or chemical restraint, physical restraint or escort that restricts breathing, or aversive behavioral intervention that compromises student health and safety; (2) prohibit such personnel from using physical restraint or seclusion, unless such measures are required to eliminate an imminent danger of physical injury to the student or others and certain precautions are taken; (3) require states and local educational agencies (LEAs) to ensure that a sufficient number of school personnel receive state-approved training and certification in first aid and certain safe and effective student management techniques; (4) prohibit physical restraint or seclusion from being written into a student’s education plan, individual safety plan, behavioral plan, or individual education program as a planned intervention; and (5) require schools to establish procedures to notify parents in a timely manner if physical restraint or seclusion is imposed on their child.
- Status: Passed House. Died in Senate Committee on Health, Education, Labor, and Pensions., [View Bill on THOMAS]
- Links: Bill Text, Webcast and Transcripts of Testimony (House Committee on Labor and Education, May 19, 2009), House Amendments
- Sponsor: George Miller (D - CA 7), (40 Cosponsors)
- Position: DDAI Supports this bill, This bill is also supported by COPAA (Position Statement)
- Related Bills: S 2860
- History: Reported by Committee Feb 4, 2010, 3/3/10: Passed (Vote: 262/153), 3/4/2010 Referred to Senate committee. Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.