House and Senate Reintroduce Bipartisan Legislation to Protect Students from Dangerous Seclusion and Restraint Practices

House and Senate education leaders reintroduced the bipartisan Keeping All Students Safe Act to protect students from dangerous seclusion and restraint practices in school.

In the House, the bill is sponsored by House Committee on Education and Workforce Ranking Member Robert C. "Bobby" Scott (D-VA-03), Representative Don Beyer (D-VA-08), and Representative Abraham Hamadeh (R-AZ-08). And in the Senate, it is sponsored by Senator Chris Murphy (D-CT), Ranking Member Bernie Sanders (I-VT), Senate Health, Education, Labor and Pensions Committee, and Vice Chair Patty Murray (D-WA), Senate Appropriations Committee.

The Keeping All Students Safe Act would make it illegal for any school receiving federal taxpayer money to seclude children and ban dangerous restraint practices that restrict children's breathing, such as prone or supine restraint. The bill would also prohibit schools from physically restraining children, except when necessary to protect the safety of students and staff. The bill would provide grants to train school personnel to address school-expected behavior with evidence-based, proactive strategies, require states to monitor the law's implementation, and increase transparency and oversight to prevent future abuse of students.

According to yearlong investigation by Hearst Media, federal data show that incidents of restraint and seclusion occur on average at least 2,300 times per school day and impact upwards of 102,000 students each academic year. The most recent data shows that more than 50,000 public school students were restrained or secluded during the 2020-2021 school year. However, schools underreport incidents of restraint and seclusion, and there are likely many more incidents than are reflected in the data.

"Every child should be safe and protected while in school. Sadly, that is not always the case. Despite evidence that seclusion and restraint practices make schools less safe, thousands of students are still subjected to these dangerous discipline methods. Students of color and students with disabilities are disproportionately impacted by these harmful practices," said Ranking Member Scott. "A quality education cannot be achieved without a safe learning environment. The Keeping All Students Safe Act would establish nationwide requirements and provide states and teachers the support they need to improve their schools' culture by using evidence-based interventions."

"Every child deserves a safe environment in which to learn and grow, but too many students - particularly Black students and those with disabilities - face harmful and abusive disciplinary actions instead. Many states have recognized the harm of seclusion and inappropriate restraint in the classroom and banned these practices, but this remains an issue that requires a federal solution," said Representative Beyer. "Our bill would enact critical protections for students by creating national safety standards for schools and by providing personnel training and support. By enacting this legislation, Congress can ensure that children have a safer learning environment in every school."

"No kid should be locked alone in a room or forcibly restrained while at school. Yet a shocking amount of schools continue to use unnecessary force to discipline kids, particularly those with disabilities. These methods are not only ineffective, they risk traumatizing and physically harming students in need of care. Our bill will protect kids from abuse while giving teachers and staff the tools they need to address disruptive behavior to keep all students safe," said Senator Murphy.

"It is absolutely unacceptable that children across this country, disproportionately students of color and students with disabilities, face dangerous seclusion and restraint practices. It is our moral responsibility to ban these practices once and for all," said Ranking Member Sanders.

"It's past time we ban dangerous discipline practices that put students at risk in the classroom, and I'm going to keep pushing until our bill banning these practices gets signed into law," said Vice Chair Murray. "Every kid deserves to learn in a safe, nurturing environment-full stop."

This legislation is endorsed by Access Ready, Alliance Against Seclusion and Restraint, Alliance of and for Visually Impaired Texans, Allies for Independence, American Academy of Pediatrics, American Association of Colleges for Teacher Education, American Association of People with Disabilities, American Bar Association, American Civil Liberties Union, American Psychological Association, Association of University Centers on Disabilities, Autism Society of America, Autistic People of Color Fund, Autistic Self Advocacy Network, Autistic Women & Nonbinary Network (AWN), Bazelon Center for Mental Health Law, Boys Town, Center for American Progress (CAP), Children and Adults with Attention-Deficit/Hyperactivity Disorder, Consortium for Constituents with Disabilities (CCD), Council for Exceptional Children (CEC), Council for Learning Disabilities, Council of Parent Attorneys and Advocates (COPAA), Council of State Administrators of Vocational Rehabilitation (CSAVR), Crisis Prevention Institute, DeafBlind Community of Texas, Disability Belongs, Disability Rights California, Education Trust, Epilepsy Foundation, Higher Education Consortium for Special Education (HECSE), Little Lobbyists, Lives in the Balance, Maine Parent Federation, National Association of Councils on Developmental Disabilities, National Association of School Psychologists (NASP), National Center for Learning Disabilities (NCLD), National DeafBlind Coalition, National Disability Rights Network, National Down Syndrome Congress, National Down Syndrome Society, National Parents Union, National PTA, New America's B-12 Education Policy Program, New Disabled South, Oregon State Senator Sara Gelser Blouin, Respect ABILITY Law Center, SPAN Parent Advocacy Network, TASH, the Advocacy Institute, the Arc, the Arc of Northern Virginia, the Center for Learner Equity, the Leadership Conference on Civil and Human Rights, the National Family Association for DeafBlind, the Satanic Temple and Protect Children Project, the U.S. Society for Augmentative and Alternative Communication, Unsilenced, and Zero to Three.

To read the bill text for the Keeping All Students Safe Act, click here.

To read the fact sheet on the Keeping All Students Safe Act, click here.

To read the section-by-section on the Keeping All Students Safe Act, click here.