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Title II — State plan, reporting requirements, and grants for State educational agencies

S. 3448 · 119th Congress · Dec 11, 2025 · Lineage

II State plan, reporting requirements, and grants for State educational agencies

Sec. 201 Definitions

In this title:
(1)
School— The term school means an elementary school, secondary school, or special education school.
(2)
Head Start program— The term Head Start program means 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.).

Sec. 202 State plan

(a)
State plan— Not later than 2 years after the date of enactment of this Act and each year thereafter, each State educational agency shall submit to the Secretary a State plan that provides—
(1)
demonstrations to the Secretary that the State has in effect—
(A)
State policies and procedures that comply with section 101, including with respect to State-approved crisis intervention training programs; and
(B)
a State mechanism to effectively monitor and enforce compliance with section 101;
(2)
a description of the State policies and procedures, including a description of the State-approved crisis intervention training programs in such State and how the State ensures accurate and timely reporting to the Department of Education;
(3)
a description of the State plan to ensure program personnel, students, and parents (including private school personnel, students, and parents) are aware of the State policies and procedures;
(4)
a description of the State activities described in the State’s plan under section 1111(g) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(g)) that reduce aversive behavioral interventions and improve school conditions;
(5)
for public comment—
(A)
not less than 60 days prior to submission of the State plan, which shall provide stakeholders with the opportunity to provide written comments on the State plan, which shall be included in the State plan, including—
(i)
how the policies and procedures comply with section 101;
(ii)
the policies and procedures related to State-approved crisis intervention programs;
(iii)
training provided to program personnel; and
(iv)
notification procedures for parents; and
(B)
notice of which shall be provided in an accessible format, which is compliant with the most recent Web Content Accessibility Guidelines, or successor guidelines, for stakeholders and posted on a website;
(6)
written response to the public comments provided by stakeholders under paragraph (5); and
(7)
a description of State oversight of schools that includes—
(A)
monitoring use of restraint in the schools;
(B)
monitoring compliance with the prohibition on seclusion in schools;
(C)
not less than every 6 months, discussions between State educational agency officials and school leaders to examine the progress of reducing the use of physical restraint in schools;
(D)
not less than annual site visits to the special education schools in the State; and
(E)
technical assistance to focus on the use of proactive, positive behavioral interventions and supports.
(b)
Reporting—
(1)
Reporting requirements— Not later than 2 years after the date of enactment of this Act, and each year thereafter—
(A)
each State educational agency shall (in compliance with the requirements of section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974) (20 U.S.C. 1232g)) prepare and submit to the Secretary, and make available to the public, a report that includes the information described in paragraph (2), with respect to each local educational agency, each special education school, and each school not under the jurisdiction of a local educational agency, located in the same State as such State educational agency; and
(B)
each Head Start agency (including each Early Head Start agency) designated under the Head Start Act (42 U.S.C. 9831 et seq.) shall prepare and submit to the Secretary and the Secretary of Health and Human Services, and make available to the public, a report that includes the information described in paragraph (2), except that—
(i)
such information shall be provided with respect to each program served by the agency and with respect to children enrolled in Head Start programs; and
(ii)
the information described in subclause (II)(bb), subclause (III), and subclause (IV) of paragraph (2)(B)(i) shall not be required.
(2)
Information requirements—
(A)
General information requirements— The report described in paragraph (1) shall include with respect to physical restraint imposed upon students in the preceding full academic or program year—
(i)
the total number of such incidents;
(ii)
the total number of students upon whom such physical restraint was imposed;
(iii)
in the case in which such physical restraint was imposed more than twice on a student, the number of times such student or child was so restrained; and
(iv)
the total number of such incidents where the use of physical restraint is referred to law enforcement.
(B)
Disaggregation—
(i)
General disaggregation requirements— The information described in subparagraph (A) shall be disaggregated as follows:
(I)
With respect to the total number of incidents in which physical restraint was imposed upon a student, disaggregated by each of the following:
(aa)
By those that resulted in injury.
(bb)
By those that resulted in death.
(cc)
By those in which the program personnel imposing physical restraint was not trained and certified, as described in section 101(e)(1)(C)(i).
(II)
By the demographic characteristics of all students upon whom physical restraint was imposed, including disaggregation—
(aa)
by each major racial and ethnic group, economically disadvantaged students as compared to students who are not economically disadvantaged, English proficiency status, and sex;
(bb)
by students with an individualized education program under section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d));
(cc)
by students who have a plan developed pursuant to section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); and
(dd)
by students who have a plan developed pursuant to title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.).
(III)
By the total number of incidents of physical restraint in which a law enforcement officer or school security guard was involved, which may include the law enforcement officer or school security guard imposing the physical restraint or assisting with the physical restraint.
(IV)
By the type of school, including disaggregation by special education school, charter school, and private school.
(ii)
Unduplicated count; exception— The information and disaggregation required under subparagraphs (A) and (B) shall—
(I)
be carried out in a manner to ensure an unduplicated count of the total number of incidents in the preceding full academic year in which physical restraint was imposed upon a student; and
(II)
not be required in a case in which the number of students in a category would reveal personally identifiable information about an individual student.

Sec. 203 Grants for State educational agencies

(a)
Grants authorized—
(1)
In general— From the amount appropriated under section 307 to carry out this section for a fiscal year, the Secretary shall award grants to State educational agencies with an application approved under subsection (c), on the basis of their relative need, as determined with the Secretary in accordance with paragraph (2), to assist the State educational agencies in—
(A)
establishing, implementing, and enforcing the policies and procedures that ensure compliance with section 101;
(B)
improving State and local capacity to collect and analyze data related to physical restraint; and
(C)
improving school climate and culture by implementing schoolwide positive behavioral interventions and supports, mental health supports, restorative justice programs, trauma-informed care, and crisis and de-escalation interventions.
(2)
Determination of relative need— In determining the relative need of State educational agencies under paragraph (1), the Secretary shall consider—
(A)
the physical restraint and seclusion incidents that occurred at a school served by the State educational agencies for the most recent academic year for which data are available;
(B)
the capacity needs of the State educational agency and the local educational agencies served by the State educational agency to collect and analyze the data described in paragraph (1)(B); and
(C)
whether the State educational agency has been carrying out the activities described in paragraph (1)(C) and, if so, how the activities are being implemented.
(3)
Report— The Secretary shall provide a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Workforce of the House of Representatives not later than 60 days after the date the Secretary awards a grant to a State under this section detailing why the State was chosen and how the criteria described in subparagraphs (A), (B), and (C) of paragraph (2) were applied to select the State.
(b)
Duration of grant— A grant under this section shall be awarded to a State educational agency for a 3-year period.
(c)
Application—
(1)
In general— To be eligible to receive a grant under this section, each State educational agency desiring a grant shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require.
(2)
Contents— Each application submitted under paragraph (1) shall include—
(A)
the total number of incidents in which physical restraint was imposed upon students for the most recent school year;
(B)
the total number of incidents in which seclusion was imposed upon students for the most recent school year;
(C)
a description of the State’s data collection policies and procedures;
(D)
a description of crisis intervention or prevention trainings used in the State to prevent or reduce physical restraint and seclusion (if applicable);
(E)
a description of statewide initiatives regarding school climate and culture (if applicable), such as schoolwide positive behavioral interventions and supports, mental health supports, restorative justice programs, trauma-informed care, and crisis and de-escalation interventions;
(F)
a description of activities to be funded under the grant and the goals of such activities, including how the activities will eliminate seclusion and reduce and prevent physical restraint; and
(G)
a description of how the activities under the grant will coordinate and align with current Federal, State, and local policies, programs, or activities regarding seclusion and physical restraint, crisis intervention, and school climate or culture.
(d)
Authority To make subgrants—
(1)
In general— A State educational agency receiving a grant under this section may use such grant funds to award subgrants, in the manner determined by the State educational agency, to local educational agencies served by the State educational agency.
(2)
Application— A local educational agency desiring to receive a subgrant under this section shall submit an application to the applicable State educational agency at such time, in such manner, and containing such information as the State educational agency may require.
(3)
Early childhood education program participation— A local educational agency receiving subgrant funds under this section shall ensure that educators working in an early childhood education program, as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003), may participate, to the extent practicable, on an equitable basis in activities supported by subgrant funds under this section that are trainings on developmentally appropriate practices for meeting the needs of young children.
(e)
Private school participation—
(1)
In general— A local educational agency receiving subgrant funds under this section shall, after timely and meaningful consultation with appropriate private school officials, ensure that private school personnel may participate, on an equitable basis, in activities supported by subgrant funds under this section.
(2)
Public control of funds— The control of grant and subgrant funds under this section, and title to materials, equipment, and property purchased with such funds, shall be in a public agency for the uses and purposes provided in this Act, and a public agency shall administer such funds, materials, equipment, and property.
(3)
Provision of services—
(A)
In general— Services described under this section shall be provided—
(i)
by employees of a public agency; or
(ii)
through contract by the public agency with an individual or entity.
(B)
Independence; public agency— An individual or entity described in subparagraph (A)(ii) that contracts with a public agency to provide services under this section shall be independent of a private school and of any religious organization. Individuals providing such services shall be employed by and under the control and supervision of the public agency.
(C)
Commingling of funds prohibited— Funds used to provide services under this section shall not be commingled with non-Federal funds.
(f)
Required activities— A State educational agency receiving a grant, or a local educational agency receiving a subgrant, under this section shall use such grant or subgrant funds to carry out the following:
(1)
Establishing and implementing policies to prohibit seclusion, mechanical restraint, chemical restraint, and other forms of prohibited restraint in schools, consistent with section 101.
(2)
Implementing and evaluating strategies and procedures to prevent seclusion and to prevent and reduce physical restraint in schools, consistent with such policies.
(3)
Providing professional development, training, and certification for school personnel to comply with such policies.
(4)
Analyzing the information included in a report prepared under section 202(b) to identify student, school personnel, and school needs related to preventing seclusion, and preventing and reducing the use of physical restraint.
(5)
Providing training to school security guards and, as appropriate, school personnel, on how to comply with education and civil rights laws, including the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), when interacting with students with disabilities, including, when conducting disciplinary actions involving students with disabilities.
(g)
Additional authorized activities— In addition to the required activities described in subsection (f), a State educational agency receiving a grant, or a local educational agency receiving a subgrant, under this section may use such grant or subgrant funds for one or more of the following:
(1)
Developing and implementing high-quality professional development and training programs to implement evidence-based systematic approaches to schoolwide positive behavioral interventions and supports, including improving coaching, facilitation, and training capacity for administrators, school leaders, teachers, specialized instructional support personnel, paraprofessionals, and other staff.
(2)
Providing technical assistance to implement evidence-based systematic approaches to schoolwide positive behavioral interventions and supports, including technical assistance for data-driven decision making related to behavioral supports and interventions in the classroom.
(3)
Researching, evaluating, and disseminating high-quality evidence-based programs and activities that implement schoolwide positive behavioral interventions and supports with fidelity.
(4)
Supporting other local positive behavioral interventions and supports implementation activities consistent with this subsection.
(5)
Developing, implementing, and providing technical assistance to support evidence-based programs that reduce the likelihood of physical restraint, such as mental health supports, restorative justice programs, trauma-informed care, and crisis and de-escalation interventions.
(h)
Evaluation and report— Each State educational agency receiving a grant under this section shall, at the end of the 3-year grant period for such grant—
(1)
evaluate the State’s progress toward the elimination of seclusion and the prevention and reduction of physical restraint in the schools located in the State, consistent with section 101;
(2)
submit to the Secretary a report on such progress; and
(3)
publish such report on the State educational agency website in an accessible format.