HR 1381

112th CONGRESS
1st Session

H. R. 1381

To prevent and reduce the use of physical restraint and seclusion in schools, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

April 6, 2011

Mr. GEORGE MILLER of California (for himself, Mr. LANGEVIN, Mr. POLIS, Mr. HOLT, Mr. HIMES, Mr. HARPER, Mr. SABLAN, Mr. KILDEE, Mr. GRIJALVA, Mr. LOEBSACK, Mr. HINCHEY, Mr. PAYNE, Mr. HINOJOSA, Mr. BISHOP of New York, Ms. WOOLSEY, Mrs. MCCARTHY of New York, Ms. HIRONO, and Mr. SCOTT of Virginia) introduced the following bill; which was referred to the Committee on Education and the Workforce


A BILL

To prevent and reduce the use of physical restraint and seclusion in schools, and for other purposes.

SECTION 1. SHORT TITLE.

SEC. 2. FINDINGS.

SEC. 3. PURPOSES.

SEC. 4. DEFINITIONS.

SEC. 5. MINIMUM STANDARDS; RULE OF CONSTRUCTION.

SEC. 6. STATE PLAN AND REPORT REQUIREMENTS AND ENFORCEMENT.

(aa) that resulted in injury;

(bb) that resulted in death; and

(cc) in which the school personnel imposing physical restraint or seclusion were not trained and certified as described in section 5(a)(2)(D)(i); and

(aa) the categories identified in section 1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i));

(bb) age; and

(cc) disability status (which has the meaning given the term `individual with a disability' in section 7(20) of the Rehabilitation Act of 1973 (29 U.S.C. 705(20))).

(aa) total number of incidents in the preceding full-academic year in which physical restraint was imposed upon a student; and

(bb) total number of incidents in the preceding full-academic year in which seclusion was imposed upon a student; and

SEC. 7. GRANT AUTHORITY.

SEC. 8. NATIONAL ASSESSMENT.

SEC. 9. PROTECTION AND ADVOCACY SYSTEMS.

SEC. 10. HEAD START PROGRAMS.

SEC. 11. LIMITATION OF AUTHORITY.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

SEC. 13. PRESUMPTION OF CONGRESS RELATING TO COMPETITIVE PROCEDURES.

SEC. 14. PROHIBITION ON EARMARKS.

END