Keeping All Students Safe Act

Protection from Dangerous Physical Harm: The bill prohibits physical restraints that are life-threatening, restrict breathing, or restrict blood flow to the brain (Section 101(b)(1)(D)).

Prevention of Unlawful Seclusion: The Act prohibits the use of unlawful seclusion, which is defined as the involuntary confinement of a student alone in a room or area from which they are physically prevented from leaving (Section 101(a) and Section 2(12)).

Rights for Parents and Students: A private right of action is established, allowing students or their parents to file civil actions in Federal or State court for declaratory, injunctive, or compensatory relief if unlawful seclusion or restraint occurs (Section 101(c)(1)).

Improved Safety Through Training: The bill requires schools to use personnel trained in evidence-based techniques, such as de-escalation and positive behavioral interventions, to help prevent the need for physical restraint (Section 101(e)(1) and Section 2(15)).

Increased Transparency and Accountability: Schools must follow specific procedures after a restraint incident, including providing immediate verbal or electronic communication and written notification to parents within 24 hours (Section 101(e)(4)(A)).

Support for School Climate: Grants are authorized to help states implement mental health supports, restorative justice programs, and trauma-informed care to improve school culture (Section 203(a)(1)(C)).

Financial Burden on Programs: The Secretary is authorized to withhold payments from programs that violate the prohibitions on unlawful seclusion or restraint (Section 101(d)(2) and Section 101(d)(3)(C)).

Liability Concerns for Programs: While individual personnel are protected from liability, the Act states that no program shall be immune from suit under the Eleventh Amendment for violations (Section 101(c)(2) and Section 101(c)(3)).