Congressional Democrats in Washington D.C. have introduced the Keeping All Students Safe Act. If passed, the measure would enact a national ban on all restraint procedures that can restrict breathing, including prone restraint (where students are held face down on the floor) and supine restraint (where they are held on the floor faceup). Other restraints in the standing or seated positions could be used only when there is an immediate risk of serious physical harm.
Under the bill, physical restraints could not be included as an option in written behavior and education plans for students with disabilities. Seclusion would be banned entirely. The federal legislation also would prohibit the use of mechanical and chemical restraints.
The legislation would require states to have enough school workers who are trained in state-approved programs that teach alternative ways to address crisis situations. It also would require that parents be notified the same day their child is restrained, followed by more detailed written notification and a meeting within five days. States also would be required to report annually on their use of restraints.
The law would allow students to file a civil lawsuit against the school or program if they have been subjected to seclusion or restraint in a way that violates the law. The U.S. Department of Education would be required to investigate complaints and withhold payments to schools found in violation. The department also could award grant funding to help schools reduce the use of seclusion and restraint. The bill is expected to be reintroduced in the new Congressional session soon.
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