Summary

Prohibits unlawful seclusion and restraints of students in any program that receives federal funds (including public schools and Head Start), sets strict limits on when physical restraint may be used, and requires training, state plans, monitoring, data reporting, parental notification, and a federal grant program to reduce and eliminate seclusion and harmful restraints. It creates a private right of action for students/parents, directs the Departments of Education and HHS to enforce requirements (including withholding funds for violations), mandates a national assessment of effectiveness, and authorizes funding for implementation from FY2026–2030.

Key Points

• Bans unlawful seclusion and a wide set of restraints (chemical, mechanical, life‑threatening physical holds) in federally funded schools and Head Start programs.
• Permits physical restraint only in narrow circumstances: imminent danger of serious physical injury, after less‑restrictive measures tried, performed by certified personnel when possible, and ended once danger subsides.
• Requires State‑approved crisis intervention training (de‑escalation, restraint prevention, CPR/first aid), certification, and State responsibility to ensure sufficient trained personnel.
• Creates an enforceable private right of action for students/parents and allows federal withholding of funds for violating programs; individual staff are shielded from personal liability in such suits.
• Mandates immediate parent notification, detailed written notice within 24 hours, and a required parent‑program meeting within five school days after a restraint incident.
• Requires SEAs to submit annual plans and publish FERPA‑consistent, disaggregated reports on restraint and seclusion incidents; establishes a competitive grant program to reduce restraints.
• Directs Education and HHS to investigate complaints, requires DOI and DoD schools to comply, and tasks the Secretary with a national effectiveness assessment (interim at 3 years; final at 5 years).
• Authorizes $40 million per year for FY2026–2030 to support implementation, grants, monitoring, training, and evaluations.
• Exempts ordinary time‑out, appropriate therapeutic/adaptive devices, private schools with no federal support, and home schooling from the statute.
• Clarifies that sworn law enforcement officers may still make arrests based on probable cause for criminal violations.

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