Legislation We’re Tracking: Keeping All Students Safe Act

On May 26, the Keeping All Students Safe Act (HR 3474 and S 1858) was re-introduced for the sixth consecutive Congress.  The bill would make it illegal for any school receiving federal funds to seclude a child or use mechanical restraints, chemical restraints, physical restraints that restrict breathing or are otherwise life-threatening, or any form of aversive behavioral health intervention.  It would provide grant funding for states to establish, implement, and enforce policies, procedures, monitoring and enforcement systems that must be developed within two years of the law’s enactment.  It would also require states to collect and report annually on the use of seclusion and restraint in schools, making the data publicly available while protecting student privacy.

As of this writing, there are 63 co-sponsors in the House, and 13 in the Senate.  NACBH supports many of the provisions and certainly the intention of the bill.  We are working with colleagues at other national organizations on recommendations to refine the definition of schools and which interventions may be allowed at some with appropriate clinical capacity and oversight.  As in all legislation that applies to a broad swath of programs, a consistent lexicon and apples-to-apples reporting requirements are critical.

NACBH members are encouraged to review the fact sheet and section-by-section summary of the bill, and share your questions and concerns with Pat Johnston, NACBH’s Director of Public Policy.  Those with more time may also want to review Restraint and Seclusion:  Resource Document, guidance released by the Department of Education in 2012, for a sense of how schools have been advised in the absence of federal legislation.