Keeping All Students Safe Act
Summary
The "Keeping All Students Safe Act" aims to protect students from harmful restraint and seclusion practices in schools. It prohibits specific types of restraints, including mechanical, chemical, and those restricting breathing. The bill also mandates training for school personnel and establishes reporting requirements for incidents involving restraint or seclusion.
Expected Effects
This act will likely lead to a reduction in the use of restraint and seclusion in schools, especially for students with disabilities. It will also increase accountability through reporting requirements and create a private right of action for students subjected to unlawful practices. The bill could also affect schools operated by the Department of Interior and Department of Defense.
Potential Benefits
- Enhanced safety for students, particularly those with disabilities, by limiting dangerous restraint practices.
- Increased accountability and transparency through mandatory reporting of restraint and seclusion incidents.
- Improved training for school personnel in crisis intervention and positive behavior supports.
- Legal recourse for students subjected to unlawful restraint or seclusion.
- Promotion of positive behavioral interventions and supports in schools.
Potential Disadvantages
- Potential for increased costs associated with training and implementation of new policies.
- Possible challenges in defining and enforcing the prohibitions on restraint and seclusion.
- Risk of increased litigation due to the private right of action.
- Potential for unintended consequences if less restrictive interventions are not adequately implemented.
- Possible burden on schools to meet the reporting requirements.
Constitutional Alignment
The bill's focus on protecting students from harmful practices aligns with the Constitution's guarantee of due process and equal protection under the law, particularly the Fourteenth Amendment. The Tenth Amendment reserves powers not delegated to the federal government to the states, but Congress can regulate activities in schools that receive federal funding under the Spending Clause (Article I, Section 8, Clause 1). The Act does not appear to infringe upon any specific enumerated rights.
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).