US – 2009-2010 – S3895 – Keeping All Students Safe Act

Directs the Secretary of Education 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 serious bodily injury to the student or others and certain precautions are taken;
(3) require states 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, unless certain conditions apply; and

(5) require local educational agencies (LEAs) to establish procedures to quickly notify parents if physical restraint or seclusion is imposed on their child and quickly notify the state, LEA, and, if appropriate, certain other entities if the child is seriously injured or dies from such measures.

Authorizes the Secretary to award grants to states and, through them, competitive subgrants to LEAs to: (1) establish, implement, and enforce policies and procedures to meet such standards; (2) improve state and local capacity to collect and analyze data related to physical restraint and seclusion; and (3) implement school-wide positive behavioral interventions and supports.

Directs the Secretary to conduct a national evaluation of this Act’s effectiveness.
Directs the Secretary of Health and Human Services to establish standards for Head Start agencies that are consistent with the minimum standards for the management of elementary and secondary school students.

Authorizes the Secretary to allocate funds to the Secretary of Health and Human Services to assist Head Start agencies in establishing, implementing, and enforcing policies and procedures to meet such standards.

Amends the Elementary and Secondary Education Act of 1965 to include the implementation of positive behavior interventions and supports in school improvement efforts under part A of title I.

Amends the Higher Education Act of 1965 to require recipients of Teacher Quality Partnership grants to prepare general and special education teachers to implement positive behavioral interventions and supports.

Requires institutions of higher education to train prospective teachers on the effective implementation of positive behavioral interventions and supports.