Keeping All Students Safe Act
Summary
The "Keeping All Students Safe Act" aims to prohibit and prevent the use of seclusion, mechanical restraint, chemical restraint, and dangerous restraints that restrict breathing in schools. It also seeks to reduce the use of physical restraint. The bill defines various terms related to restraint and seclusion, establishes prohibitions and additional requirements, and outlines state plan and reporting requirements.
It includes provisions for grants to state educational agencies to support the implementation of these policies. The Act also addresses national assessment, protection and advocacy systems, and schools operated by the Departments of Interior and Defense.
Finally, the bill establishes a private right of action for students subjected to unlawful seclusion or restraint and authorizes appropriations to carry out the Act.
Expected Effects
If enacted, this bill would significantly change how schools manage student behavior, particularly concerning restraint and seclusion. It would mandate training for school personnel, require detailed reporting of restraint incidents, and provide avenues for legal recourse for students who are unlawfully restrained or secluded. The bill could also lead to increased funding for states to implement positive behavioral interventions and supports.
Potential Benefits
- Reduced harm to students from restraint and seclusion practices.
- Increased transparency and accountability in the use of restraint and seclusion.
- Improved training for school personnel in crisis intervention and de-escalation techniques.
- Greater access to legal remedies for students who have been subjected to unlawful restraint or seclusion.
- Potential for improved school climate and culture through the implementation of positive behavioral interventions and supports.
Potential Disadvantages
- Potential for increased costs to schools for training and implementation of new policies.
- Possible legal challenges related to the definition and application of "unlawful seclusion or restraint."
- Risk of unintended consequences, such as increased reliance on law enforcement for student behavior management.
- Potential for increased administrative burden on schools due to reporting requirements.
- Possible difficulty in balancing student safety with the need to avoid restraint and seclusion.
Constitutional Alignment
The bill's focus on protecting students from harmful practices aligns with the Constitution's broad goals of ensuring domestic tranquility and promoting the general welfare, as stated in the Preamble. The establishment of a private right of action could be seen as reinforcing the principles of due process and equal protection under the Fourteenth Amendment.
However, the bill's mandates on state educational agencies could raise questions about federal overreach into areas traditionally regulated by the states, implicating federalism concerns under the Tenth Amendment. The bill does not appear to infringe upon any specific individual rights enumerated in the Bill of Rights.
Overall, the bill's alignment with the Constitution is generally positive, with potential concerns related to federalism.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).