Federal Ban on Seclusion and Dangerous Restraints in Schools and Head Start Programs.
This Act establishes a federal prohibition on the use of seclusion, mechanical restraint, chemical restraint, and life-threatening physical restraints in all federally funded educational programs. It strictly limits the use of permitted physical restraint only to situations involving imminent danger of serious physical injury, requiring immediate parental notification and a mandatory follow-up meeting after any incident. The law also grants parents the right to file a civil action against the program for violations.
Key points
Prohibits seclusion, mechanical restraint, chemical restraint, and physical restraints that restrict breathing (like prone restraint) in schools and Head Start programs.
Physical restraint is only permissible when there is an imminent danger of serious physical injury and must be performed by trained personnel.
Parents must receive immediate notification and a follow-up meeting within five school days of any restraint incident.
States must collect and publicly report annual data on all physical restraint incidents, disaggregated by student demographics and outcomes (injury/death).
Expired
Additional Information
Print number: 118_S_1750
Sponsor: Sen. Murphy, Christopher [D-CT]
Process start date: 2023-05-18