[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6617 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 6617
To prohibit and prevent seclusion, mechanical restraint, chemical
restraint, and dangerous restraints that restrict breathing, and to
prevent and reduce the use of physical restraint in schools, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 11, 2025
Mr. Beyer (for himself, Mr. Hamadeh of Arizona, Mr. Scott of Virginia,
Mr. Lynch, Mr. Davis of Illinois, Mr. Peters, Ms. Bonamici, Ms.
McCollum, Ms. Tlaib, Mr. Castro of Texas, Mrs. McBath, Ms. Dean of
Pennsylvania, Ms. Schakowsky, Ms. DelBene, Ms. Simon, Ms. Chu, Ms.
Ross, Mr. DeSaulnier, Mr. Moulton, Ms. Brown, Mr. Evans of
Pennsylvania, Ms. Barragan, Ms. Castor of Florida, Ms. Sanchez, Ms.
Jayapal, Mr. Vicente Gonzalez of Texas, Mrs. Hayes, Ms. Pingree, Ms.
Lee of Pennsylvania, and Mr. Hernandez) introduced the following bill;
which was referred to the Committee on Education and Workforce, 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
_______________________________________________________________________
A BILL
To prohibit and prevent seclusion, mechanical restraint, chemical
restraint, and dangerous restraints that restrict breathing, and to
prevent and reduce the use of physical restraint in schools, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Keeping All
Students Safe Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--PROHIBITIONS ON RESTRAINT AND SECLUSION AND ADDITIONAL
REQUIREMENTS
Sec. 101. Prohibition, additional requirements.
TITLE II--STATE PLAN, REPORTING REQUIREMENTS, AND GRANTS FOR STATE
EDUCATIONAL AGENCIES
Sec. 201. Definitions.
Sec. 202. State plan.
Sec. 203. Grants for State educational agencies.
TITLE III--GENERAL PROVISIONS
Sec. 301. National assessment.
Sec. 302. Protection and advocacy systems.
Sec. 303. Schools operated or funded by the Department of the Interior
or the Department of Defense.
Sec. 304. Rule of construction.
Sec. 305. Applicability to private schools and home schools.
Sec. 306. Severability.
Sec. 307. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) 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--
(A) prescribed by a licensed physician, or other
qualified health professional acting under the scope of
the professional's authority under State law, for the
standard treatment of a student's medical or
psychiatric condition; and
(B) administered as prescribed by the licensed
physician or other qualified health professional acting
under the scope of the professional's authority under
State law.
(2) ESEA terms.--The terms ``early childhood education
program'', ``educational service agency'', ``elementary
school'', ``local educational agency'', ``other staff'',
``paraprofessional'', ``parent'', ``school leader'',
``secondary school'', ``specialized instructional support
personnel'', ``State'', and ``State educational agency'' have
the meanings given the terms in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(3) Law enforcement officer.--The term ``law enforcement
officer''--
(A) means any person who--
(i) is a State, Tribal, or local law
enforcement officer (as defined in section 1204
of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10284));
and
(ii) is assigned by the employing law
enforcement agency to a program, who is
contracting with a program, or who is employed
by a program; and
(B) includes an individual referred to as a
``school resource officer'' if that individual meets
the definition in subparagraph (A).
(4) Mechanical restraint.--The term ``mechanical
restraint'' means the use of devices as a means of restricting
a student's freedom of movement.
(5) 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.
(6) 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,
torso, or head freely, except that such term does not include a
physical escort, mechanical restraint, or chemical restraint.
(7) Positive behavioral interventions and supports.--The
term ``positive behavioral interventions and supports''--
(A) means a schoolwide, systematic approach that
embeds evidence-based practices and data-driven
decision making to improve school climate and culture
in order to achieve improved academic and social
outcomes and increase learning for all students
(including students with the most complex and intensive
behavioral needs); and
(B) encompasses a range of systemic and
individualized positive strategies to teach and
reinforce school-expected behaviors, while discouraging
and diminishing undesirable behaviors.
(8) Program.--The term ``program'' means--
(A) all of the operations of a local educational
agency, system of vocational education, or other school
system;
(B) a program that serves children who receive
services for which financial assistance is provided in
accordance with the Head Start Act (42 U.S.C. 9831 et
seq.); or
(C) an elementary school or secondary school that
is not a public school that enrolls a student who
receives special education and related services under
the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.).
(9) Program personnel.--
(A) In general.--Subject to subparagraph (B), the
term ``program personnel'' means any agent of a
program, including an individual who is employed by a
program, or who performs services for a program on a
contractual basis, including--
(i) school leaders;
(ii) teachers;
(iii) specialized instructional support
personnel;
(iv) paraprofessionals; or
(v) other staff.
(B) Exclusion.--Notwithstanding subparagraph (A),
program personnel shall not include a law enforcement
officer or a school security guard.
(10) Protection and advocacy system.--The term ``protection
and advocacy system'' means a protection and advocacy system
established under section 143 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).
(11) School security guard.--The term ``school security
guard'' means an individual who is not a sworn law enforcement
officer and who is responsible for addressing one or more of
the following safety and crime prevention activities in and
around a program:
(A) Assisting program personnel in safety
incidents.
(B) Educating students in crime and illegal drug
use prevention and safety.
(C) Developing or expanding community justice
initiatives for students.
(D) Training students in conflict resolution and
supporting restorative justice programs.
(E) Serving as a liaison between the program and
outside agencies, including other law enforcement
agencies.
(F) Screening students or visitors to the program
for prohibited items.
(12) Seclusion.--The term ``seclusion'' means the
involuntary confinement of a student alone in a room or area
from which the student is physically prevented from leaving,
except that such term does not include a time out.
(13) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(14) Special education school.--The term ``special
education school'' means a school that focuses primarily on
serving the needs of students with disabilities under the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.) or section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794).
(15) State-approved crisis intervention training program.--
The term ``State-approved crisis intervention training
program'' means a training program approved by a State and the
Secretary that, at a minimum, provides--
(A) training in evidence-based techniques shown to
be effective in the prevention of physical restraint;
(B) evidence-based skills training related to
positive behavioral interventions and supports, safe
physical escort, conflict prevention, understanding
antecedents, deescalation, and conflict management;
(C) training in evidence-based techniques shown to
be effective in keeping both school personnel and
students safe when imposing physical restraint;
(D) training in first aid and cardiopulmonary
resuscitation;
(E) information describing State policies and
procedures to ensure compliance with section 101; and
(F) certification for school personnel, law
enforcement officers, and school security guards in the
techniques and skills described in subparagraphs (A)
through (D), which shall be required to be renewed on a
periodic basis.
(16) Student.--The term ``student'' means--
(A) for purposes of title I, a student enrolled in
a program; and
(B) for purposes of title II, a student enrolled in
an elementary school or secondary school.
(17) Time out.--
(A) In general.--The term ``time out'' means a
behavior management technique that may involve the
separation of the student from the group or classroom
in a non-locked setting.
(B) Clarification.--The term ``time out'' does not
include--
(i) seclusion; or
(ii) a separation of the student described
in subparagraph (A) from which such student is
physically or otherwise prohibited from
leaving.
TITLE I--PROHIBITIONS ON RESTRAINT AND SECLUSION AND ADDITIONAL
REQUIREMENTS
SEC. 101. PROHIBITION, ADDITIONAL REQUIREMENTS.
(a) Prohibition.--No student shall be subjected to unlawful
seclusion or restraint by program personnel, a law enforcement officer,
or a school security guard, while attending any program that receives
Federal financial assistance.
(b) Unlawful Seclusion or Restraint Defined.--
(1) In general.--In this section, the term ``unlawful
seclusion or restraint'' means--
(A) seclusion;
(B) mechanical restraint;
(C) chemical restraint;
(D) physical restraint or physical escort that is
life threatening, that restricts breathing, or that
restricts blood flow to the brain, including prone and
supine restraint;
(E) physical restraint that is contraindicated
based on the student's disability, health care needs,
or medical or psychiatric condition, as documented in--
(i) a health care directive or medical
management plan;
(ii) a behavior intervention plan;
(iii) an individualized education program
or an individualized family service plan (as
defined in section 602 of the Individuals with
Disabilities Education Act (20 U.S.C. 1401));
(iv) a plan developed pursuant to section
504 of the Rehabilitation Act of 1973 (29
U.S.C. 794) or title II of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12131 et
seq.); or
(v) another relevant record made available
to the State or program involved; or
(F) physical restraint that is not in compliance
with subsection (e)(1).
(2) Not included.--The term ``unlawful seclusion or
restraint'' shall not include--
(A) a time out; or
(B) a device implemented by 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, provided that such devices are not used to
purposefully cause a student pain as a means of
behavioral modification, including--
(i) restraints for medical immobilization;
(ii) 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 devices or mechanical supports; or
(iii) vehicle safety restraints when used
as intended during the transport of a student
in a moving vehicle.
(c) Private Right of Action.--
(1) In general.--A student who has been subjected to
unlawful seclusion or restraint in violation of subsection (a),
or the parent of such student, may file a civil action against
the program under which the violation is alleged to have
occurred in an appropriate district court of the United States
or in State court for declaratory judgement, injunctive relief,
compensatory relief, attorneys' fees, or expert fees.
(2) Limitation on liability.--Program personnel shall not
be liable to any person in a proceeding described in paragraph
(1) or in an arbitration proceeding for a violation of
subsection (a).
(3) No sovereign immunity.--No program shall be immune
under the Eleventh Amendment of the Constitution of the United
States from suit in Federal or State court for a violation of
subsection (a) of this section.
(d) Enforcement.--
(1) Investigations.--
(A) In general.--The Secretary shall address any
complaints alleging a violation of subsection (a) by an
entity described in subparagraphs (A) or (C) of section
2(8) for an appropriate investigation.
(B) Head start.--The Secretary of Health and Human
Services shall address any complaints alleging a
violation of subsection (a) by an entity described in
section 2(8)(B) for an appropriate investigation.
(2) Withholding payments.--In the event a student has been
subjected to unlawful seclusion or restraint in violation of
subsection (a), the Secretary shall withhold from the program
under which the violation occurred, in whole or in part,
further payments (including payments for administrative costs)
in accordance with section 455 of the General Education
Provisions Act (20 U.S.C. 1234d).
(3) Head start programs.--The Secretary of Health and Human
Services, in coordination with the Secretary, shall--
(A) ensure that entities described in section
2(8)(B) meet the requirements described in subsection
(e);
(B) promulgate regulations with respect to how the
reporting requirements described in section 202(b)
shall be carried out with respect to Head Start
agencies (including Early Head Start agencies) under
the Head Start Act (42 U.S.C. 9801 et seq.); and
(C) in the event a student served by a program that
serves children who receive services for which
financial assistance is provided in accordance with the
Head Start Act (42 U.S.C. 9831 et seq.) has been
subjected to unlawful seclusion or restraint in
violation of subsection (a), withhold from the program
under which the violation occurred, in whole or in
part, further payments (including payments for
administrative costs) in accordance with section 646 of
the Head Start Act (42 U.S.C. 9841).
(e) Additional Requirements.--The Secretary shall ensure that each
program that receives Federal financial assistance meets the following
requirements:
(1) Physical restraint.--The use of physical restraint by
any program personnel, a school security guard, or a law
enforcement offi