S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3311
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the education law, in relation to prohibiting the use of
   restraints and seclusion in schools; and to providing for  more  rapid
   notice to parents if restraints or seclusion is used

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Title 1 of the education law is amended  by  adding  a  new
 article 2-A to read as follows:
                                 ARTICLE 2-A
                  PROHIBITIONS ON RESTRAINT AND SECLUSION
 SECTION 20. LEGISLATIVE INTENT.
         21. SHORT TITLE.
         22. DEFINITIONS.
         23. PROHIBITIONS ON RESTRAINT AND SECLUSION.
         24. PROGRAM REQUIREMENTS.
         25. ENFORCEMENT.
         26. PRIVATE RIGHT OF ACTION.
         27. GRANTS.
         28. ASSESSMENT AND REPORTING.
         29. PROTECTION AND ADVOCACY SYSTEMS.
         30. CONSTRUCTION.
         31. APPLICABILITY TO PRIVATE SCHOOLS AND HOME SCHOOLS.
   § 20. LEGISLATIVE INTENT. IT IS THE POLICY OF THE STATE OF NEW YORK TO
 PROMOTE  SAFETY AND PREVENT HARM TO ALL STUDENTS, STAFF, AND VISITORS IN
 THE PUBLIC SCHOOLS AND TO TREAT ALL SCHOOL  STUDENTS  WITH  DIGNITY  AND
 RESPECT  IN  THE  DELIVERY  OF DISCIPLINE, USE OF PHYSICAL RESTRAINTS OR
 SECLUSION, AND USE OF REASONABLE FORCE AS PERMITTED BY LAW.
   TO ACCOMPLISH SUCH POLICY, IT IS THE INTENTION OF THE  LEGISLATURE  TO
 PROVIDE SCHOOL STAFF WITH CLEAR GUIDELINES ABOUT WHAT CONSTITUTES USE OF
 REASONABLE  FORCE  PERMISSIBLE  IN  NEW  YORK  SCHOOLS  WITH THE GOAL OF
 IMPROVING STUDENT ACHIEVEMENT,  ATTENDANCE,  PROMOTION,  AND  GRADUATION
 RATES  BY EMPLOYING POSITIVE BEHAVIORAL INTERVENTIONS TO ADDRESS STUDENT
 BEHAVIOR IN A POSITIVE AND SAFE MANNER WHILE PROMOTING THE RETENTION  OF
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03884-01-3
 A. 3311                             2
 
 VALUABLE  TEACHERS  AND  OTHER SCHOOL PERSONNEL BY PROVIDING APPROPRIATE
 TRAINING IN PRESCRIBED PROCEDURES, WHICH ADDRESS STUDENT BEHAVIOR  IN  A
 POSITIVE AND SAFE MANNER.
   § 21. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE
 "KEEPING ALL NEW YORK STUDENTS SAFE ACT".
   § 22. DEFINITIONS. AS USED IN THIS ARTICLE:
   1.  "CHEMICAL  RESTRAINT" MEANS A DRUG OR MEDICATION USED ON A STUDENT
 TO CONTROL BEHAVIOR OR RESTRICT FREEDOM OF MOVEMENT THAT IS NOT:
   (A) PRESCRIBED BY A LICENSED  PHYSICIAN,  OR  OTHER  QUALIFIED  HEALTH
 PROFESSIONAL  ACTING  UNDER  THE  SCOPE  OF THE PROFESSIONAL'S AUTHORITY
 UNDER STATE LAW, FOR THE STANDARD TREATMENT OF A  STUDENT'S  MEDICAL  OR
 PSYCHIATRIC CONDITION; AND
   (B)  ADMINISTERED  AS  PRESCRIBED  BY  THE LICENSED PHYSICIAN OR OTHER
 QUALIFIED HEALTH PROFESSIONAL ACTING UNDER  THE  SCOPE  OF  THE  PROFES-
 SIONAL'S AUTHORITY UNDER STATE LAW.
   2. "COMMISSIONER" MEANS THE COMMISSIONER OF EDUCATION.
   3.  "EARLY CHILDHOOD EDUCATION PROGRAM", "EDUCATIONAL SERVICE AGENCY",
 "ELEMENTARY SCHOOL", "LOCAL EDUCATIONAL AGENCY", "OTHER  STAFF",  "PARA-
 PROFESSIONAL",  "PARENT", "SCHOOL LEADER", "SECONDARY SCHOOL", "SPECIAL-
 IZED INSTRUCTIONAL SUPPORT PERSONNEL", "STATE", AND  "STATE  EDUCATIONAL
 AGENCY" HAVE THE MEANINGS GIVEN THE TERMS IN SECTION 8101 OF THE ELEMEN-
 TARY AND SECONDARY EDUCATION ACT OF 1965 (20 U.S.C. 7801).
   4.  "HEAD  START  PROGRAM"  MEANS  A  PROGRAM THAT SERVES CHILDREN WHO
 RECEIVE SERVICES FOR WHICH FINANCIAL ASSISTANCE IS PROVIDED  IN  ACCORD-
 ANCE WITH THE HEAD START ACT (42 U.S.C. 9831 ET SEQ.).
   5. "LAW ENFORCEMENT OFFICER" MEANS ANY PERSON WHO:
   (A) (I) IS A STATE OR LOCAL LAW ENFORCEMENT OFFICER; AND
   (II) IS ASSIGNED BY THE EMPLOYING LAW ENFORCEMENT AGENCY TO A PROGRAM,
 WHO IS CONTRACTING WITH A PROGRAM, OR WHO IS EMPLOYED BY A PROGRAM; AND
 
   (B)  INCLUDES  A  "SCHOOL  RESOURCE  OFFICER" IF SUCH PERSON MEETS THE
 DEFINITION IN PARAGRAPH (A) OF THIS SUBDIVISION.
   6. "MECHANICAL RESTRAINT" MEANS THE USE  OF  DEVICES  AS  A  MEANS  OF
 RESTRICTING A STUDENT'S FREEDOM OF MOVEMENT.
   7.  "PHYSICAL  ESCORT"  MEANS THE TEMPORARY TOUCHING OR HOLDING OF THE
 HAND, WRIST, ARM, SHOULDER, OR  BACK  FOR  THE  PURPOSE  OF  INDUCING  A
 STUDENT WHO IS ACTING OUT TO WALK TO A SAFE LOCATION.
   8.  "PHYSICAL RESTRAINT" MEANS A PERSONAL RESTRICTION THAT IMMOBILIZES
 OR REDUCES THE ABILITY OF AN INDIVIDUAL TO MOVE THE  INDIVIDUAL'S  ARMS,
 LEGS,  TORSO,  OR  HEAD FREELY, EXCEPT THAT SUCH TERM DOES NOT INCLUDE A
 PHYSICAL ESCORT, MECHANICAL RESTRAINT, OR CHEMICAL RESTRAINT.
   9."POSITIVE BEHAVIORAL INTERVENTIONS AND SUPPORTS":
   (A) MEANS A SCHOOLWIDE, SYSTEMATIC APPROACH THAT EMBEDS EVIDENCE-BASED
 PRACTICES AND DATA-DRIVEN DECISION MAKING TO IMPROVE SCHOOL CLIMATE  AND
 CULTURE  IN  ORDER  TO ACHIEVE IMPROVED ACADEMIC AND SOCIAL OUTCOMES AND
 INCREASE LEARNING FOR ALL STUDENTS (INCLUDING  STUDENTS  WITH  THE  MOST
 COMPLEX AND INTENSIVE BEHAVIORAL NEEDS); AND
   (B) ENCOMPASSES A RANGE OF SYSTEMIC AND INDIVIDUALIZED POSITIVE STRAT-
 EGIES TO TEACH AND REINFORCE SCHOOL-EXPECTED BEHAVIORS, WHILE DISCOURAG-
 ING AND DIMINISHING UNDESIRABLE BEHAVIORS.
   10. "PROGRAM" MEANS:
   (A)  ALL  OF  THE  OPERATIONS OF A LOCAL EDUCATIONAL AGENCY, SYSTEM OF
 VOCATIONAL EDUCATION, OR OTHER SCHOOL SYSTEM;
   (B) A PROGRAM THAT SERVES CHILDREN  WHO  RECEIVE  SERVICES  FOR  WHICH
 FINANCIAL  ASSISTANCE  IS PROVIDED IN ACCORDANCE WITH THE HEAD START ACT
 (42 U.S.C. 9831 ET SEQ.); OR
 A. 3311                             3
 
   (C) AN ELEMENTARY SCHOOL OR SECONDARY SCHOOL  THAT  IS  NOT  A  PUBLIC
 SCHOOL THAT ENROLLS A STUDENT WHO RECEIVES SPECIAL EDUCATION AND RELATED
 SERVICES  UNDER  THE  INDIVIDUALS  WITH  DISABILITIES  EDUCATION ACT (20
 U.S.C. 1400 ET SEQ.).
   11.  "PROGRAM  PERSONNEL"  MEANS  ANY AGENT OF A PROGRAM, INCLUDING AN
 INDIVIDUAL WHO IS EMPLOYED BY A PROGRAM, OR WHO PERFORMS SERVICES FOR  A
 PROGRAM  ON  A  CONTRACTUAL  BASIS,  INCLUDING SCHOOL LEADERS, TEACHERS,
 SPECIALIZED INSTRUCTIONAL SUPPORT PERSONNEL, PARAPROFESSIONALS AND OTHER
 STAFF. "PROGRAM PERSONNEL" DOES NOT INCLUDE A LAW ENFORCEMENT OFFICER OR
 A SCHOOL SECURITY GUARD.
   12. "PROTECTION AND ADVOCACY SYSTEM" MEANS A PROTECTION  AND  ADVOCACY
 SYSTEM  ESTABLISHED  UNDER SECTION 143 OF THE DEVELOPMENTAL DISABILITIES
 ASSISTANCE AND BILL OF RIGHTS ACT OF 2000 (42 U.S.C. 15043).
   13. "SCHOOL" MEANS AN ELEMENTARY SCHOOL, SECONDARY SCHOOL, OR  SPECIAL
 EDUCATION SCHOOL.
   14. "SCHOOL SECURITY GUARD" MEANS AN INDIVIDUAL WHO IS NOT A SWORN LAW
 ENFORCEMENT OFFICER AND WHO IS RESPONSIBLE FOR ADDRESSING ONE OR MORE OF
 THE  FOLLOWING  SAFETY  AND  CRIME PREVENTION ACTIVITIES IN AND AROUND A
 PROGRAM:
   (A) ASSISTING PROGRAM PERSONNEL IN SAFETY INCIDENTS.
   (B) EDUCATING STUDENTS IN CRIME AND ILLEGAL DRUG  USE  PREVENTION  AND
 SAFETY.
   (C)   DEVELOPING   OR  EXPANDING  COMMUNITY  JUSTICE  INITIATIVES  FOR
 STUDENTS.
   (D) TRAINING STUDENTS IN CONFLICT RESOLUTION AND  SUPPORTING  RESTORA-
 TIVE JUSTICE PROGRAMS.
   (E)  SERVING  AS  A  LIAISON BETWEEN THE PROGRAM AND OUTSIDE AGENCIES,
 INCLUDING OTHER LAW ENFORCEMENT AGENCIES.
   (F) SCREENING STUDENTS OR  VISITORS  TO  THE  PROGRAM  FOR  PROHIBITED
 ITEMS.
   15.  "SECLUSION"  MEANS THE INVOLUNTARY CONFINEMENT OF A STUDENT ALONE
 IN A ROOM OR AREA FROM WHICH THE STUDENT IS  PHYSICALLY  PREVENTED  FROM
 LEAVING, EXCEPT THAT SUCH TERM DOES NOT INCLUDE A TIME OUT.
   16.  "SPECIAL  EDUCATION SCHOOL" MEANS A SCHOOL THAT FOCUSES PRIMARILY
 ON SERVING THE NEEDS OF STUDENTS WITH DISABILITIES UNDER THE INDIVIDUALS
 WITH DISABILITIES EDUCATION ACT (20 U.S.C. 1400 ET SEQ.) OR SECTION  504
 OF THE REHABILITATION ACT OF 1973 (29 U.S.C. 794).
   17.  "STATE-APPROVED  CRISIS  INTERVENTION  TRAINING  PROGRAM" MEANS A
 TRAINING PROGRAM APPROVED  BY  THE  COMMISSIONER  THAT,  AT  A  MINIMUM,
 PROVIDES:
   (A) TRAINING IN EVIDENCE-BASED TECHNIQUES SHOWN TO BE EFFECTIVE IN THE
 PREVENTION OF PHYSICAL RESTRAINT;
   (B)  EVIDENCE-BASED  SKILLS  TRAINING  RELATED  TO POSITIVE BEHAVIORAL
 INTERVENTIONS AND SUPPORTS, SAFE PHYSICAL ESCORT,  CONFLICT  PREVENTION,
 UNDERSTANDING ANTECEDENTS, DEESCALATION, AND CONFLICT MANAGEMENT;
   (C)  TRAINING  IN  EVIDENCE-BASED  TECHNIQUES SHOWN TO BE EFFECTIVE IN
 KEEPING BOTH SCHOOL PERSONNEL AND STUDENTS SAFE WHEN  IMPOSING  PHYSICAL
 RESTRAINT;
   (D) TRAINING IN FIRST AID AND CARDIOPULMONARY RESUSCITATION;
   (E)  INFORMATION  DESCRIBING  STATE  POLICIES AND PROCEDURES TO ENSURE
 COMPLIANCE WITH SECTION TWENTY-THREE OF THIS ARTICLE; AND
   (F) CERTIFICATION FOR SCHOOL PERSONNEL, LAW ENFORCEMENT OFFICERS,  AND
 SCHOOL  SECURITY  GUARDS IN THE TECHNIQUES AND SKILLS DESCRIBED IN PARA-
 GRAPHS (A) THROUGH (D) OF THIS SUBDIVISION, WHICH SHALL BE  REQUIRED  TO
 BE RENEWED ON A PERIODIC BASIS.
   18. "STUDENT" INCLUDES:
 A. 3311                             4
 
   (A) A STUDENT ENROLLED IN A PROGRAM; AND
   (B) A STUDENT ENROLLED IN AN ELEMENTARY SCHOOL OR SECONDARY SCHOOL.
   19.  "TIME OUT" MEANS A BEHAVIOR MANAGEMENT TECHNIQUE THAT MAY INVOLVE
 THE SEPARATION OF THE STUDENT FROM THE GROUP  OR  CLASSROOM  IN  A  NON-
 LOCKED  SETTING.   "TIME OUT" DOES NOT INCLUDE SECLUSION OR A SEPARATION
 OF THE STUDENT FROM  WHICH  SUCH  STUDENT  IS  PHYSICALLY  OR  OTHERWISE
 PROHIBITED FROM LEAVING.
   §  23. PROHIBITIONS ON RESTRAINT AND SECLUSION. 1. NO STUDENT SHALL BE
 SUBJECTED TO UNLAWFUL SECLUSION OR RESTRAINT BY PROGRAM PERSONNEL, A LAW
 ENFORCEMENT OFFICER, OR A SCHOOL SECURITY  GUARD,  WHILE  ATTENDING  ANY
 PROGRAM THAT RECEIVES STATE FINANCIAL ASSISTANCE.
   2.  (A)  AS  USED  IN  THIS  ARTICLE "UNLAWFUL SECLUSION OR RESTRAINT"
 MEANS:
   (I) SECLUSION;
   (II) MECHANICAL RESTRAINT;
   (III) CHEMICAL RESTRAINT;
   (IV) PHYSICAL RESTRAINT OR PHYSICAL ESCORT THAT IS  LIFE  THREATENING,
 THAT  RESTRICTS  BREATHING,  OR  THAT RESTRICTS BLOOD FLOW TO THE BRAIN,
 INCLUDING PRONE AND SUPINE RESTRAINT;
   (V) PHYSICAL RESTRAINT THAT IS CONTRAINDICATED BASED ON THE  STUDENT'S
 DISABILITY,  HEALTH  CARE NEEDS, OR MEDICAL OR PSYCHIATRIC CONDITION, AS
 DOCUMENTED IN:
   (A) A HEALTH CARE DIRECTIVE OR MEDICAL MANAGEMENT PLAN;
   (B) A BEHAVIOR INTERVENTION PLAN;
   (C) AN INDIVIDUALIZED EDUCATION PROGRAM OR  AN  INDIVIDUALIZED  FAMILY
 SERVICE PLAN (AS DEFINED IN SECTION 602 OF THE INDIVIDUALS WITH DISABIL-
 ITIES EDUCATION ACT (20 U.S.C. 1401));
   (D) A PLAN DEVELOPED PURSUANT TO SECTION 504 OF THE REHABILITATION ACT
 OF  1973 (29 U.S.C.  794) OR TITLE II OF THE AMERICANS WITH DISABILITIES
 ACT OF 1990 (42 U.S.C. 12131 ET SEQ.); OR
   (E) ANOTHER RELEVANT RECORD MADE AVAILABLE TO THE STATE OR THE PROGRAM
 INVOLVED; OR
   (F) ANY  PHYSICAL  RESTRAINT  THAT  IS  NOT  IN  COMPLIANCE  WITH  THE
 STUDENT'S HEALTH CARE DIRECTIVE OR MEDICAL MANAGEMENT PLAN.
   (B) "UNLAWFUL SECLUSION OR RESTRAINT" DOES NOT INCLUDE:
   (I) A TIME OUT; OR
   (II)  A DEVICE IMPLEMENTED BY TRAINED SCHOOL PERSONNEL, OR UTILIZED BY
 A STUDENT, FOR THE SPECIFIC AND APPROVED THERAPEUTIC OR SAFETY  PURPOSES
 FOR  WHICH  SUCH  DEVICES  WERE DESIGNED AND, IF APPLICABLE, PRESCRIBED,
 PROVIDED THAT SUCH DEVICES ARE NOT USED TO PURPOSEFULLY CAUSE A  STUDENT
 PAIN AS A MEANS OF BEHAVIORAL MODIFICATION, INCLUDING:
   (A) RESTRAINTS FOR MEDICAL IMMOBILIZATION;
   (B)  ADAPTIVE  DEVICES  OR  MECHANICAL SUPPORTS USED TO ACHIEVE PROPER
 BODY POSITION, BALANCE, OR ALIGNMENT TO ALLOW GREATER FREEDOM OF MOBILI-
 TY THAN WOULD BE POSSIBLE WITHOUT THE USE OF SUCH DEVICES OR  MECHANICAL
 SUPPORTS; OR
   (C)  VEHICLE SAFETY RESTRAINTS WHEN USED AS INTENDED DURING THE TRANS-
 PORT OF A STUDENT IN A MOVING VEHICLE.
   § 24. PROGRAM REQUIREMENTS. THE COMMISSIONER SHALL  ENSURE  THAT  EACH
 PROGRAM  THAT  RECEIVES  STATE  FINANCIAL  ASSISTANCE  COMPLIES WITH THE
 FOLLOWING REQUIREMENTS:
   1. THE USE OF PHYSICAL RESTRAINT BY ANY PROGRAM  PERSONNEL,  A  SCHOOL
 SECURITY  GUARD,  OR  A  LAW  ENFORCEMENT OFFICER SHALL BE CONSIDERED IN
 COMPLIANCE WITH THE REQUIREMENTS OF THIS SUBSECTION ONLY IF EACH OF  THE
 FOLLOWING REQUIREMENTS ARE MET:
 A. 3311                             5

   (A)  THE  STUDENT'S BEHAVIOR POSES AN IMMINENT DANGER OF SERIOUS PHYS-
 ICAL INJURY TO THE STUDENT, PROGRAM PERSONNEL, A SCHOOL SECURITY  GUARD,
 A LAW ENFORCEMENT OFFICER, OR ANOTHER INDIVIDUAL.
   (B)  BEFORE  USING  PHYSICAL RESTRAINT, LESS RESTRICTIVE INTERVENTIONS
 WOULD BE INEFFECTIVE IN STOPPING SUCH IMMINENT DANGER OF  SERIOUS  PHYS-
 ICAL INJURY.
   (C) SUCH PHYSICAL RESTRAINT IS IMPOSED BY:
   (I)  PROGRAM  PERSONNEL, A SCHOOL SECURITY GUARD, OR A LAW ENFORCEMENT
 OFFICER TRAINED AND CERTIFIED BY A  STATE-APPROVED  CRISIS  INTERVENTION
 TRAINING PROGRAM; OR
   (II)  PROGRAM PERSONNEL, A SCHOOL SECURITY GUARD, OR A LAW ENFORCEMENT
 OFFICER NOT TRAINED AND CERTIFIED AS DESCRIBED IN  SUBPARAGRAPH  (I)  OF
 THIS  PARAGRAPH, IN THE CASE OF A RARE AND CLEARLY UNAVOIDABLE EMERGENCY
 CIRCUMSTANCE WHEN PROGRAM PERSONNEL, A SCHOOL SECURITY GUARD, OR  A  LAW
 ENFORCEMENT  OFFICER  TRAINED AND CERTIFIED AS DESCRIBED IN SUBPARAGRAPH
 (I) OF THIS PARAGRAPH IS NOT IMMEDIATELY AVAILABLE DUE TO THE UNFORESEE-
 ABLE NATURE OF THE EMERGENCY CIRCUMSTANCE.
   (D) SUCH PHYSICAL RESTRAINT ENDS IMMEDIATELY UPON THE CESSATION OF THE
 IMMINENT DANGER OF SERIOUS PHYSICAL INJURY TO THE STUDENT,  ANY  PROGRAM
 PERSONNEL, A SCHOOL SECURITY GUARD, A LAW ENFORCEMENT OFFICER, OR ANOTH-
 ER INDIVIDUAL.
   (E) THE PHYSICAL RESTRAINT DOES NOT INTERFERE WITH THE STUDENT'S ABIL-
 ITY  TO COMMUNICATE IN THE STUDENT'S PRIMARY LANGUAGE OR PRIMARY MODE OF
 COMMUNICATION.
   (F) DURING THE PHYSICAL RESTRAINT, THE LEAST AMOUNT OF FORCE NECESSARY
 IS USED TO PROTECT THE STUDENT OR OTHERS FROM THE THREATENED INJURY.
   2. THE COMMISSIONER, IN CONSULTATION WITH PROGRAM  OFFICIALS  AND  THE
 HEAD  START COLLABORATION PROGRAM, SHALL ENSURE THAT A SUFFICIENT NUMBER
 OF PROGRAM PERSONNEL ARE TRAINED AND CERTIFIED BY A CRISIS  INTERVENTION
 TRAINING  PROGRAM  APPROVED BY THE COMMISSIONER TO MEET THE NEEDS OF THE
 SPECIFIC STUDENT POPULATION IN EACH PROGRAM.
   3. THE USE OF PHYSICAL RESTRAINT AS A PLANNED INTERVENTION  SHALL  NOT
 BE  WRITTEN  INTO  A  STUDENT'S  EDUCATION PLAN, INDIVIDUAL SAFETY PLAN,
 BEHAVIORAL INTERVENTION PLAN, OR INDIVIDUALIZED  EDUCATION  PROGRAM  (AS
 DEFINED  IN  SECTION  602 OF THE INDIVIDUALS WITH DISABILITIES EDUCATION
 ACT (20 U.S.C. 1401)), EXCEPT THAT A PROGRAM MAY ESTABLISH POLICIES  AND
 PROCEDURES  FOR  USE  OF  PHYSICAL RESTRAINT IN PROGRAM SAFETY OR CRISIS
 PLANS, PROVIDED THAT SUCH A PLAN  IS  NOT  SPECIFIC  TO  ANY  INDIVIDUAL
 STUDENT.
   4.  EACH  PROGRAM  SHALL  ESTABLISH PROCEDURES TO BE FOLLOWED AFTER AN
 INCIDENT INVOLVING THE IMPOSITION OF PHYSICAL RESTRAINT UPON A  STUDENT,
 WHICH SHALL INCLUDE EACH OF THE FOLLOWING:
   (A)  PROCEDURES  TO PROVIDE TO THE PARENT OF THE STUDENT, WITH RESPECT
 TO SUCH INCIDENT:
   (I) AN IMMEDIATE VERBAL OR ELECTRONIC COMMUNICATION,  AS  SOON  AS  IS
 PRACTICABLE AND NOT LATER THAN TWO HOURS AFTER THE INCIDENT; AND
   (II)  WRITTEN  NOTIFICATION,  AS SOON AS IS PRACTICABLE, AND NOT LATER
 THAN TWENTY-FOUR HOURS AFTER THE INCIDENT THAT SHALL INCLUDE,  AT  MINI-
 MUM:
   (A) A DESCRIPTION OF THE INCIDENT, INCLUDING PRECIPITATING EVENTS;
   (B) POSITIVE INTERVENTIONS USED PRIOR TO RESTRAINT;
   (C) THE LENGTH OF TIME OF RESTRAINT; AND
   (D)  A  DESCRIPTION  OF  THE SERIOUS PHYSICAL INJURY OF THE STUDENT OR
 OTHERS THAT OCCURRED OR WAS ABOUT TO OCCUR THAT NECESSITATED THE USE  OF
 RESTRAINT.
 A. 3311                             6
 
   (B)  A MEETING BETWEEN PARENTS OF THE STUDENT AND THE PROGRAM, AS SOON
 AS IS PRACTICABLE, AND NOT LATER THAN FIVE  SCHOOL  DAYS  FOLLOWING  THE
 INCIDENT  (UNLESS SUCH MEETING IS DELAYED BY WRITTEN MUTUAL AGREEMENT OF
 THE PARENT AND THE PROGRAM):
   (I) WHICH MEETING SHALL INCLUDE, AT A MINIMUM:
   (A) THE PARENT OF SUCH STUDENT;
   (B) THE STUDENT INVOLVED (IF APPROPRIATE);
   (C) THE PROGRAM PERSONNEL, LAW ENFORCEMENT OFFICER, OR SCHOOL SECURITY
 GUARD WHO IMPOSED THE RESTRAINT;
   (D) A TEACHER OF SUCH STUDENT;
   (E) A PROGRAM LEADER OF SUCH STUDENT; AND
   (F)  AN  EXPERT ON BEHAVIOR INTERVENTIONS, WHO MAY BE A SPECIAL EDUCA-
 TION TEACHER;
   (II) THE PURPOSE OF  WHICH  SHALL  BE  TO  DISCUSS  THE  INCIDENT,  AS
 DESCRIBED BY BOTH THE STUDENT AND THE PROGRAM PERSONNEL, LAW ENFORCEMENT
 OFFICER, OR SCHOOL SECURITY GUARD INVOLVED, INCLUDING:
   (A) ANY PRECIPITATING EVENTS;
   (B) HOW THE INCIDENT OCCURRED; AND
   (C) PRIOR POSITIVE BEHAVIORAL INTERVENTIONS AND SUPPORTS USED TO DEES-
 CALATE THE SITUATION; AND
   (III) WHICH MEETING SHALL INCLUDE:
   (A)  THE DISCUSSION OF PROACTIVE STRATEGIES TO PREVENT FUTURE NEED FOR
 THE USE OF PHYSICAL RESTRAINT;
   (B)(1) FOR A STUDENT IDENTIFIED AS ELIGIBLE TO RECEIVE  ACCOMMODATIONS
 UNDER  SECTION  504 OF THE REHABILITATION ACT OF 1973 (29 U.S.C. 794) OR
 TITLE II OF THE AMERICANS WITH DISABILITIES ACT OF 1990 (42 U.S.C. 12131
 ET SEQ.), OR ACCOMMODATIONS OR SPECIAL  EDUCATION  OR  RELATED  SERVICES
 UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (20 U.S.C. 1400 ET
 SEQ.),  A  DISCUSSION OF THE NEED FOR A FUNCTIONAL BEHAVIORAL ASSESSMENT
 AND A BEHAVIOR INTERVENTION PLAN; OR
   (2) FOR A STUDENT NOT IDENTIFIED AS ELIGIBLE TO RECEIVE ACCOMMODATIONS
 UNDER THE PROVISIONS OF LAW  DESCRIBED  IN  ITEM  ONE  OF  THIS  CLAUSE,
 EVIDENCE  OF  A REFERRAL FOR SUCH ACCOMMODATIONS OR SPECIAL EDUCATION OR
 RELATED SERVICES, OR DOCUMENTATION OF THE BASIS FOR  DECLINING  TO  MAKE
 SUCH A REFERRAL FOR THE STUDENT; AND
   (C)  PROVIDING  TO  THE  PARENT, FOR USE DURING THE MEETING, A WRITTEN
 STATEMENT FROM EACH ADULT WITNESS  WHO  WAS  IN  THE  PROXIMITY  OF  THE
 STUDENT   IMMEDIATELY  BEFORE  AND  DURING  THE  TIME  OF  THE  PHYSICAL
 RESTRAINT, BUT WAS NOT DIRECTLY INVOLVED IN SUCH RESTRAINT.
   § 25. ENFORCEMENT. 1. THE COMMISSIONER SHALL  ADDRESS  ANY  COMPLAINTS
 ALLEGING  A  VIOLATION  OF  SECTION  TWENTY-THREE OF THIS ARTICLE FOR AN
 APPROPRIATE INVESTIGATION.
   2. THE COMMISSIONER MAY WITHHOLD UP TO ONE-HALF OF  ALL  STATE  MONEYS
 FROM  ANY  PROGRAM,  WHICH,  IN HIS OR HER JUDGMENT, WILLFULLY OMITS AND
 REFUSES TO ENFORCE THE PROVISIONS OF THIS ARTICLE, AFTER DUE NOTICE,  SO
 OFTEN  AND SO LONG AS SUCH WILLFUL OMISSION AND REFUSAL SHALL, IN HIS OR
 HER JUDGMENT, OCCUR, OR CONTINUE. IF THE PROVISIONS OF THIS ARTICLE  ARE
 COMPLIED  WITH  AT  ANY TIME WITHIN ONE YEAR FROM THE DATE ON WHICH SAID
 MONEYS WERE WITHHELD, THE MONEY SO WITHHELD SHALL BE PAID  OVER  BY  THE
 COMMISSIONER TO SUCH PROGRAM, OTHERWISE FORFEITED TO THE STATE.
   §  26. PRIVATE RIGHT OF ACTION. 1. A STUDENT WHO HAS BEEN SUBJECTED TO
 UNLAWFUL SECLUSION OR RESTRAINT IN VIOLATION OF SECTION TWENTY-THREE  OF
 THIS  ARTICLE,  OR  THE  PARENT OF SUCH STUDENT, MAY FILE A CIVIL ACTION
 AGAINST THE PROGRAM  UNDER  WHICH  THE  VIOLATION  IS  ALLEGED  TO  HAVE
 OCCURRED  IN  AN  APPROPRIATE  DISTRICT COURT OF THE UNITED STATES OR IN
 A. 3311                             7
 
 STATE COURT FOR DECLARATORY JUDGMENT,  INJUNCTIVE  RELIEF,  COMPENSATORY
 RELIEF, ATTORNEYS' FEES, OR EXPERT FEES.
   2. PROGRAM PERSONNEL SHALL NOT BE LIABLE TO ANY PERSON IN A PROCEEDING
 DESCRIBED  IN  SUBDIVISION  ONE  OF  THIS  SECTION  OR IN AN ARBITRATION
 PROCEEDING FOR A VIOLATION OF SECTION TWENTY-THREE OF THIS ARTICLE.
   3. NO PROGRAM SHALL BE IMMUNE UNDER  THE  ELEVENTH  AMENDMENT  OF  THE
 CONSTITUTION  OF  THE  UNITED STATES FROM SUIT IN FEDERAL OR STATE COURT
 FOR A VIOLATION OF SUBSECTION (A) OF THIS SECTION.
   § 27. GRANTS. 1. (A) FROM THE AMOUNTS APPROPRIATED TO CARRY  OUT  THIS
 SECTION FOR A FISCAL YEAR, THE COMMISSIONER SHALL AWARD GRANTS TO SCHOOL
 DISTRICTS  WITH  AN  APPLICATION  APPROVED UNDER SUBDIVISION TWO OF THIS
 SECTION, ON THE BASIS OF THEIR RELATIVE NEED,  AS  DETERMINED  WITH  THE
 COMMISSIONER  IN  ACCORDANCE  WITH PARAGRAPH (B) OF THIS SUBDIVISION, TO
 ASSIST THE SCHOOL DISTRICTS IN:
   (I) ESTABLISHING, IMPLEMENTING, AND ENFORCING THE POLICIES AND  PROCE-
 DURES THAT ENSURE COMPLIANCE WITH SECTION TWENTY-THREE OF THIS ARTICLE;
   (II)  IMPROVING  STATE  AND LOCAL CAPACITY TO COLLECT AND ANALYZE DATA
 RELATED TO PHYSICAL RESTRAINT; AND
   (III) IMPROVING SCHOOL CLIMATE AND CULTURE BY IMPLEMENTING  SCHOOLWIDE
 POSITIVE  BEHAVIORAL INTERVENTIONS AND SUPPORTS, MENTAL HEALTH SUPPORTS,
 RESTORATIVE JUSTICE  PROGRAMS,  TRAUMA-INFORMED  CARE,  AND  CRISIS  AND
 DE-ESCALATION INTERVENTIONS.
   (B)  IN DETERMINING THE RELATIVE NEED OF A SCHOOL DISTRICT UNDER PARA-
 GRAPH (A) OF THIS SECTION, THE COMMISSIONER SHALL CONSIDER:
   (I) THE PHYSICAL RESTRAINT AND SECLUSION INCIDENTS THAT OCCURRED AT  A
 SCHOOL  SERVED  BY THE SCHOOL DISTRICT FOR THE MOST RECENT ACADEMIC YEAR
 FOR WHICH DATA IS AVAILABLE;
   (II) THE CAPACITY NEEDS OF THE SCHOOL DISTRICT TO COLLECT AND  ANALYZE
 THE  DATA DESCRIBED IN SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDI-
 VISION; AND
   (III) WHETHER THE SCHOOL DISTRICT HAS BEEN CARRYING OUT THE ACTIVITIES
 DESCRIBED IN SUBPARAGRAPH (III) OF PARAGRAPH  (A)  OF  THIS  SUBDIVISION
 AND, IF SO, HOW THE ACTIVITIES ARE BEING IMPLEMENTED.
   (C) A GRANT UNDER THIS SECTION SHALL BE AWARDED TO A STATE EDUCATIONAL
 AGENCY FOR A THREE-YEAR PERIOD.
   2.  (A)  TO  BE  ELIGIBLE  TO RECEIVE A GRANT UNDER THIS SECTION, EACH
 SCHOOL DISTRICT DESIRING A GRANT SHALL  SUBMIT  AN  APPLICATION  TO  THE
 COMMISSIONER  AT  SUCH  TIME,  IN  SUCH  MANNER, AND ACCOMPANIED BY SUCH
 INFORMATION AS THE COMMISSIONER MAY REQUIRE.
   (B) EACH APPLICATION SUBMITTED UNDER PARAGRAPH (A) OF THIS SUBDIVISION
 SHALL INCLUDE:
   (I) THE TOTAL NUMBER OF INCIDENTS  IN  WHICH  PHYSICAL  RESTRAINT  WAS
 IMPOSED UPON STUDENTS FOR THE MOST RECENT SCHOOL YEAR;
   (II) THE TOTAL NUMBER OF INCIDENTS IN WHICH SECLUSION WAS IMPOSED UPON
 STUDENTS FOR THE MOST RECENT SCHOOL YEAR;
   (III)  A DESCRIPTION OF THE SCHOOL DISTRICT'S DATA COLLECTION POLICIES
 AND PROCEDURES;
   (IV) A DESCRIPTION OF CRISIS INTERVENTION OR PREVENTION TRAININGS USED
 IN THE SCHOOL DISTRICT TO  PREVENT  OR  REDUCE  PHYSICAL  RESTRAINT  AND
 SECLUSION (IF APPLICABLE);
   (V)  A  DESCRIPTION  OF  SCHOOL  DISTRICT INITIATIVES REGARDING SCHOOL
 CLIMATE AND CULTURE (IF APPLICABLE), SUCH AS SCHOOLWIDE POSITIVE  BEHAV-
 IORAL  INTERVENTIONS  AND  SUPPORTS, MENTAL HEALTH SUPPORTS, RESTORATIVE
 JUSTICE PROGRAMS, TRAUMA-INFORMED CARE,  AND  CRISIS  AND  DE-ESCALATION
 INTERVENTIONS;
 A. 3311                             8
 
   (VI)  A DESCRIPTION OF ACTIVITIES TO BE FUNDED UNDER THE GRANT AND THE
 GOALS OF SUCH ACTIVITIES, INCLUDING HOW THE  ACTIVITIES  WILL  ELIMINATE
 SECLUSION AND REDUCE AND PREVENT PHYSICAL RESTRAINT; AND
   (VII) A DESCRIPTION OF HOW THE ACTIVITIES UNDER THE GRANT WILL COORDI-
 NATE  AND  ALIGN  WITH  CURRENT  FEDERAL,  STATE,  AND  LOCAL  POLICIES,
 PROGRAMS, OR ACTIVITIES  REGARDING  SECLUSION  AND  PHYSICAL  RESTRAINT,
 CRISIS INTERVENTION, AND SCHOOL CLIMATE OR CULTURE.
   3. A SCHOOL DISTRICT RECEIVING A GRANT UNDER THIS SECTION MAY USE SUCH
 GRANT  FUNDS  TO AWARD SUBGRANTS, IN THE MANNER DETERMINED BY THE SCHOOL
 DISTRICT, TO LOCAL SCHOOLS WITHIN THE SCHOOL DISTRICT. A SCHOOL DESIRING
 TO RECEIVE A SUBGRANT UNDER THIS SECTION SHALL SUBMIT AN APPLICATION  TO
 THE  APPLICABLE  SCHOOL  DISTRICT  AT  SUCH  TIME,  IN  SUCH MANNER, AND
 CONTAINING SUCH INFORMATION AS THE SCHOOL DISTRICT MAY REQUIRE.
   4. A SCHOOL DISTRICT RECEIVING FUNDS UNDER THIS SECTION  SHALL  ENSURE
 THAT  EDUCATORS  WORKING  IN  AN  EARLY  CHILDHOOD EDUCATION PROGRAM, AS
 DEFINED IN SECTION 103 OF THE HIGHER EDUCATION ACT OF  1965  (20  U.S.C.
 1003), MAY PARTICIPATE, TO THE EXTENT PRACTICABLE, ON AN EQUITABLE BASIS
 IN  ACTIVITIES  SUPPORTED  BY SUBGRANT FUNDS UNDER THIS SECTION THAT ARE
 TRAININGS ON DEVELOPMENTALLY APPROPRIATE PRACTICES FOR MEETING THE NEEDS
 OF YOUNG CHILDREN.
   5. A SCHOOL DISTRICT RECEIVING FUNDS UNDER THIS SECTION  SHALL,  AFTER
 TIMELY AND MEANINGFUL CONSULTATION WITH APPROPRIATE PRIVATE SCHOOL OFFI-
 CIALS, ENSURE THAT PRIVATE SCHOOL PERSONNEL MAY PARTICIPATE, ON AN EQUI-
 TABLE BASIS, IN ACTIVITIES SUPPORTED BY GRANT FUNDS UNDER THIS SECTION.
   6.  A  SCHOOL  DISTRICT  RECEIVING  A  GRANT,  OR A SCHOOL RECEIVING A
 SUBGRANT, UNDER THIS SECTION SHALL USE SUCH GRANT OR SUBGRANT  FUNDS  TO
 CARRY OUT THE FOLLOWING:
   (A)  ESTABLISHING  AND  IMPLEMENTING  POLICIES  TO PROHIBIT SECLUSION,
 MECHANICAL RESTRAINT, CHEMICAL RESTRAINT, AND OTHER FORMS OF  PROHIBITED
 RESTRAINT IN SCHOOLS, CONSISTENT WITH SECTION TWENTY-THREE OF THIS ARTI-
 CLE.
   (B)  IMPLEMENTING  AND EVALUATING STRATEGIES AND PROCEDURES TO PREVENT
 SECLUSION AND TO PREVENT  AND  REDUCE  PHYSICAL  RESTRAINT  IN  SCHOOLS,
 CONSISTENT WITH SUCH POLICIES.
   (C)  PROVIDING  PROFESSIONAL  DEVELOPMENT, TRAINING, AND CERTIFICATION
 FOR SCHOOL PERSONNEL TO COMPLY WITH SUCH POLICIES.
   (D) ANALYZING THE INFORMATION INCLUDED IN A REPORT PREPARED UNDER THIS
 SECTION TO IDENTIFY STUDENT, SCHOOL PERSONNEL, AND SCHOOL NEEDS  RELATED
 TO PREVENTING SECLUSION, AND PREVENTING AND REDUCING THE USE OF PHYSICAL
 RESTRAINT.
   (E)  PROVIDING TRAINING TO SCHOOL SECURITY GUARDS AND, AS APPROPRIATE,
 SCHOOL PERSONNEL, ON HOW TO COMPLY WITH EDUCATION AND CIVIL RIGHTS LAWS,
 INCLUDING THE INDIVIDUALS WITH DISABILITIES  EDUCATION  ACT  (20  U.S.C.
 1400 ET SEQ.) AND THE AMERICANS WITH DISABILITIES ACT OF 1990 (42 U.S.C.
 12101  ET  SEQ.),  WHEN  INTERACTING  WITH  STUDENTS  WITH DISABILITIES,
 INCLUDING, WHEN CONDUCTING DISCIPLINARY ACTIONS INVOLVING STUDENTS  WITH
 DISABILITIES.
   7. IN ADDITION TO THE REQUIRED ACTIVITIES DESCRIBED IN SUBDIVISION SIX
 OF  THIS  SECTION,  A  SCHOOL  DISTRICT  RECEIVING  A GRANT, OR A SCHOOL
 RECEIVING A SUBGRANT, UNDER THIS SECTION MAY USE SUCH GRANT OR  SUBGRANT
 FUNDS FOR ONE OR MORE OF THE FOLLOWING:
   (A)  DEVELOPING AND IMPLEMENTING HIGH-QUALITY PROFESSIONAL DEVELOPMENT
 AND TRAINING PROGRAMS TO IMPLEMENT EVIDENCE-BASED SYSTEMATIC  APPROACHES
 TO  SCHOOLWIDE POSITIVE BEHAVIORAL INTERVENTIONS AND SUPPORTS, INCLUDING
 IMPROVING COACHING, FACILITATION, AND TRAINING CAPACITY FOR  ADMINISTRA-
 A. 3311                             9
 
 TORS,   SCHOOL  LEADERS,  TEACHERS,  SPECIALIZED  INSTRUCTIONAL  SUPPORT
 PERSONNEL, PARAPROFESSIONALS, AND OTHER STAFF.
   (B) PROVIDING TECHNICAL ASSISTANCE TO IMPLEMENT EVIDENCE-BASED SYSTEM-
 ATIC  APPROACHES  TO  SCHOOLWIDE  POSITIVE  BEHAVIORAL INTERVENTIONS AND
 SUPPORTS, INCLUDING TECHNICAL ASSISTANCE FOR DATA-DRIVEN DECISION MAKING
 RELATED TO BEHAVIORAL SUPPORTS AND INTERVENTIONS IN THE CLASSROOM.
   (C) RESEARCHING, EVALUATING, AND DISSEMINATING HIGH-QUALITY  EVIDENCE-
 BASED  PROGRAMS AND ACTIVITIES THAT IMPLEMENT SCHOOLWIDE POSITIVE BEHAV-
 IORAL INTERVENTIONS AND SUPPORTS WITH FIDELITY.
   (D) SUPPORTING  OTHER  LOCAL  POSITIVE  BEHAVIORAL  INTERVENTIONS  AND
 SUPPORTS IMPLEMENTATION ACTIVITIES CONSISTENT WITH THIS SUBSECTION.
   (E)  DEVELOPING,  IMPLEMENTING,  AND PROVIDING TECHNICAL ASSISTANCE TO
 SUPPORT EVIDENCE-BASED PROGRAMS THAT REDUCE THE LIKELIHOOD  OF  PHYSICAL
 RESTRAINT, SUCH AS MENTAL HEALTH SUPPORTS, RESTORATIVE JUSTICE PROGRAMS,
 TRAUMA-INFORMED CARE, AND CRISIS AND DE-ESCALATION INTERVENTIONS.
   8. EACH SCHOOL DISTRICT RECEIVING A GRANT UNDER THIS SECTION SHALL, AT
 THE END OF THE THREE-YEAR GRANT PERIOD FOR SUCH GRANT:
   (A)  EVALUATE THE SCHOOL DISTRICT'S PROGRESS TOWARD THE ELIMINATION OF
 SECLUSION AND THE PREVENTION AND REDUCTION OF PHYSICAL RESTRAINT IN  THE
 SCHOOLS  LOCATED IN THE SCHOOL DISTRICT, CONSISTENT WITH SECTION TWENTY-
 THREE OF THIS ARTICLE;
   (B) SUBMIT TO THE COMMISSIONER A REPORT ON SUCH PROGRESS; AND
   (C) PUBLISH SUCH REPORT ON THE SCHOOL DISTRICT'S WEBSITE IN AN  ACCES-
 SIBLE FORMAT.
   9.  THE COMMISSIONER SHALL INCLUDE IN THE DEPARTMENT'S ANNUAL BUDGET A
 REQUEST FOR AN APPROPRIATION OF SUCH SUMS AS MAY BE NECESSARY  TO  CARRY
 OUT THIS SECTION FOR EACH FISCAL YEAR COMMENCING ON AND AFTER THE EFFEC-
 TIVE DATE OF THIS SECTION.
   §  28. ASSESSMENT AND REPORTING. 1. THE COMMISSIONER SHALL CARRY OUT A
 NATIONAL ASSESSMENT TO DETERMINE  THE  EFFECTIVENESS  OF  THIS  ARTICLE,
 WHICH SHALL INCLUDE:
   (A)  ANALYZING  DATA  RELATED  TO  INCIDENTS  OF PHYSICAL RESTRAINT IN
 SCHOOLS AND PROGRAMS THAT SERVE CHILDREN WHO RECEIVE SERVICES FOR  WHICH
 FINANCIAL  ASSISTANCE  IS PROVIDED IN ACCORDANCE WITH THE HEAD START ACT
 (42 U.S.C. 9831 ET SEQ.) (REFERRED TO  IN  THIS  TITLE  AS  "HEAD  START
 PROGRAMS");
   (B)  ANALYZING THE EFFECTIVENESS OF STATE, AND LOCAL EFFORTS TO ELIMI-
 NATE SECLUSION AND PREVENT AND REDUCE THE NUMBER OF  PHYSICAL  RESTRAINT
 INCIDENTS IN SCHOOLS AND HEAD START PROGRAMS;
   (C)  IDENTIFYING  THE  TYPES OF PROGRAMS AND SERVICES THAT HAVE DEMON-
 STRATED THE GREATEST EFFECTIVENESS IN ELIMINATING AND PREVENTING  SECLU-
 SION  AND PREVENTING AND REDUCING THE NUMBER OF PHYSICAL RESTRAINT INCI-
 DENTS IN SCHOOLS AND HEAD START PROGRAMS; AND
   (D) IDENTIFYING EVIDENCE-BASED PERSONNEL TRAINING MODELS  WITH  DEMON-
 STRATED  SUCCESS IN PREVENTING SECLUSION AND PREVENTING AND REDUCING THE
 NUMBER OF  PHYSICAL  RESTRAINT  INCIDENTS  IN  SCHOOLS  AND  HEAD  START
 PROGRAMS,  INCLUDING  MODELS  THAT  EMPHASIZE POSITIVE BEHAVIORAL INTER-
 VENTIONS AND SUPPORTS AND DE-ESCALATION TECHNIQUES OVER PHYSICAL  INTER-
 VENTION.
   2. THE COMMISSIONER SHALL SUBMIT TO THE LEGISLATURE AND THE GOVERNOR:
   (A) NOT LATER THAN THREE YEARS AFTER THE DATE OF THE EFFECTIVE DATE OF
 THIS ARTICLE, AN INTERIM REPORT THAT SUMMARIZES THE PRELIMINARY FINDINGS
 OF THE ASSESSMENT DESCRIBED IN SUBDIVISION ONE OF THIS SECTION; AND
   (B)  NOT LATER THAN FIVE YEARS AFTER THE DATE OF THE EFFECTIVE DATE OF
 THIS ARTICLE, A FINAL REPORT OF THE FINDINGS OF THE ASSESSMENT.
 A. 3311                            10
 
   § 29. PROTECTION AND ADVOCACY SYSTEMS. 1. IN A CASE IN WHICH  PHYSICAL
 INJURY  OR  DEATH  OF  A  STUDENT OR OF A CHILD ENROLLED IN A HEAD START
 PROGRAM OCCURS IN CONJUNCTION WITH THE  USE  OF  SECLUSION  OR  PHYSICAL
 RESTRAINT  OR  ANY  INTERVENTION USED TO CONTROL BEHAVIOR AT A SCHOOL OR
 HEAD  START PROGRAM, THE LOCAL EDUCATIONAL AGENCY SERVING SUCH SCHOOL OR
 THE AGENCY ADMINISTERING A HEAD START PROGRAM UNDER THE HEAD  START  ACT
 (42 U.S.C. 9801 ET SEQ.)  SHALL HAVE PROCEDURES TO:
   (A)  NOTIFY,  IN  WRITING, NOT LATER THAN TWENTY-FOUR HOURS AFTER SUCH
 INJURY OR DEATH OCCURS:
   (I) THE DEPARTMENT;
   (II) THE LOCAL LAW ENFORCEMENT AGENCY; AND
   (III) THE RELEVANT PROTECTION AND ADVOCACY SYSTEM; AND
   (B) PROVIDE ANY INFORMATION THAT THE PROTECTION  AND  ADVOCACY  SYSTEM
 MAY REQUIRE.
   2. PROTECTION AND ADVOCACY SYSTEMS SHALL HAVE THE SAME AUTHORITIES AND
 RIGHTS  PROVIDED  UNDER SUBTITLE C OF TITLE I OF THE DEVELOPMENTAL DISA-
 BILITIES ASSISTANCE AND BILL OF RIGHTS ACT OF 2000 (42 U.S.C.  15041  ET
 SEQ.)  WITH  RESPECT  TO  PROTECTIONS  PROVIDED FOR STUDENTS OR CHILDREN
 ENROLLED IN HEAD START PROGRAMS UNDER THIS ARTICLE WHEN SUCH STUDENTS OR
 CHILDREN ARE OTHERWISE ELIGIBLE TO BE  CLIENTS  OF  THE  PROTECTION  AND
 ADVOCACY SYSTEM, INCLUDING INVESTIGATING, MONITORING, AND ENFORCING SUCH
 PROTECTIONS.
   §  30.  CONSTRUCTION.  SUBJECT TO SECTION TWENTY-FOUR OF THIS ARTICLE,
 NOTHING IN THIS ARTICLE SHALL BE  CONSTRUED  TO  PROHIBIT  A  SWORN  LAW
 ENFORCEMENT  OFFICER  WITH  PROBABLE  CAUSE FROM ARRESTING A STUDENT FOR
 VIOLATING A FEDERAL OR STATE CRIMINAL LAW.
   § 31. APPLICABILITY TO PRIVATE SCHOOLS AND HOME SCHOOLS. 1.    NOTHING
 IN  THIS  ARTICLE  SHALL  BE CONSTRUED TO AFFECT ANY PRIVATE SCHOOL THAT
 DOES NOT RECEIVE, OR DOES NOT SERVE STUDENTS WHO RECEIVE, SUPPORT IN ANY
 FORM FROM ANY PROGRAM OR ACTIVITY SUPPORTED, IN WHOLE OR IN  PART,  WITH
 STATE FUNDS.
   2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO:
   (A) AFFECT A HOME SCHOOL, WHETHER OR NOT A HOME SCHOOL IS TREATED AS A
 PRIVATE SCHOOL OR HOME SCHOOL UNDER STATE LAW; OR
   (B)  CONSIDER  PARENTS  WHO  ARE  SCHOOLING A CHILD AT HOME AS PROGRAM
 PERSONNEL.
   § 2. Subdivision 9 of section 4402 of the education law, as  added  by
 chapter 516 of the laws of 2022, is amended to read as follows:
   9.  The  board  of education or trustees of each school district shall
 develop a procedure to notify the parent or person in parental  relation
 of a student with a disability [on the same day] WITHIN TWO HOURS OF THE
 TIME  WHEN a physical or mechanical restraint is applied on such student
 or such student is placed in a time out room. When the student's  parent
 or  person  in  parental  relation  cannot be contacted after reasonable
 attempts are made, the principal shall record and report  such  attempts
 to the committee on special education.
   §  3.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part of this act shall be adjudged by any court of  competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
 A. 3311                            11
 
   § 4. This act shall take effect on the first of July  next  succeeding
 the date upon which it shall have become a law.