S-3448 — Keeping All Students Safe Act

YourVoice.Now Summary

Civil LibertiesCriminal Justice & Due ProcessWorkers & JobsTransparency & Accountability

Bans locking students alone and dangerous holds in federally funded schools, and lets families sue over violations.

Civil Liberties

Seclusion banned in federally funded schools — no locking a student alone

Seclusion means shutting a student alone in a room they cannot leave. Schools and Head Start programs on federal funds could not do it, but unlocked time outs stay legal.

Drug and device restraints banned — no strapping or sedating students

A device that holds a student still, or a drug given to control behavior, would both be banned. Prescribed medicine, medical devices, and vehicle seat belts do not count.

Breathing-restricting holds banned — face-down and face-up holds included

The ban covers any hold that limits breathing or blood flow to the brain. Face-down and face-up holds are named, for staff, school police, and guards alike.

Hands-on holds limited to emergencies — only imminent danger of serious injury

Staff could hold a student only when someone could be badly hurt right away. Gentler steps must fail first, and a hold is barred if the child's records say it is unsafe.

Restraint barred from student plans — no longer a planned strategy

Some schools write physical holds into a child's education or behavior plan as a routine response. That would end, though schools may keep general crisis plans.

Right to sue over violations — in state or federal court

A student held or secluded against these rules, or their parent, could sue the school. They could ask for a court order, money damages, lawyer fees, and expert fees.

State immunity removed for public schools — cannot block these suits

States often block lawsuits against public schools by claiming immunity under the Eleventh Amendment. That defense would not work in these cases.

Criminal Justice & Due Process

Restraint powers of school police — same limits as school staff

School police officers and security guards would face the same restraint and seclusion rules as teachers. They could still arrest a student when they have probable cause.

Workers & Jobs

Crisis training required for school staff — first aid and calming skills

Each state would have to train and approve enough staff for its students. The training covers calming steps, safe escorts, first aid, and CPR, and must be renewed.

Staff shielded from personal lawsuits — the school is sued instead

The lawsuit would run against the school, not the employee who imposed the hold. School police officers and guards are not covered by that shield.

Transparency & Accountability

Same-day notice to parents — written details within 24 hours

The school must reach a parent by phone or message the same day. Written notice follows within 24 hours and must say what happened and how long the hold lasted.

Meeting with parents after each hold — within five school days

The school must meet with the parent within five school days of the hold. The staff member involved, a teacher, a school leader, and a behavior expert must come.

Yearly public counts of restraint — broken out by race and disability

Each state education agency would publish yearly counts of physical restraint, starting two years after the bill becomes law. The counts break out injuries, deaths, holds by untrained staff, race, disability, sex, and school type.

Injuries and deaths reported — outside watchdog told within 24 hours

If a student is hurt or dies during a hold, the school has 24 hours to report it. It must tell the state, local police, and the state's disability rights watchdog, which can then investigate.

Public comment on state plans — at least 60 days

A state must post its plan for public comment for at least 60 days before sending it in. It must also publish written answers to those comments.

Yearly visits to special education schools — state officials check restraint use

State officials would visit every special education school at least once a year. They would also meet school leaders every six months on cutting restraint use.

Federal payments withheld after violations — in whole or in part

The Education Department must hold back federal payments from a school that breaks these rules. Health and Human Services would do the same for Head Start programs.

More about this bill

Schools that take federal money could no longer lock a student alone in a room. Strapping a student to a device would be banned. So would using drugs to control behavior, unless a doctor prescribed them. Holds that limit breathing or blood flow would be banned too, including face-down and face-up holds. Staff could still use hands-on holds, but only in narrow cases. The student's behavior must pose an imminent danger of serious injury. Gentler steps must have failed first. The hold would end as soon as the danger passes. Restraint could no longer be written into a child's school plan as a planned step. You would hear from the school the same day your child is held. Written details would follow within 24 hours. The notice must say what happened, what staff tried first, and how long the hold lasted. A meeting would follow within five school days. The staff member who held your child would come, along with a behavior expert. Families could sue the school in state or federal court. They could ask for damages, lawyer fees, and expert fees. Public schools could not use state immunity to block those suits. Teachers and aides could not be sued as individuals. The Education Department would cut off federal payments to schools that break these rules. States would post restraint counts every year. The counts would break out injuries, deaths, race, disability, sex, and school type. Three-year grants would help states track that data and expand calmer options, such as mental health support and crisis training. Staff, school police, and security guards would all need that training. The rules would reach public schools, Head Start, and schools run by the Interior and Defense departments. Private schools that serve students with disabilities would be covered as well. Home schools would not. Funding is open-ended, at whatever sums are needed, starting in fiscal year 2026.

Congressional Summary

Keeping All Students Safe Act This bill prohibits the use of seclusion and limits the use of physical restraint in schools and Head Start programs that receive federal funding. Specifically, the bill prohibits the use of seclusion, which is the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving. The term does not include a time out, which may involve separating the student from others in a non-locked setting. The bill prohibits the use of mechanical or chemical restraints or physical restraints that restrict breathing or are life threatening. The bill outlines the requirements for the use of physical restraint, including that the student's behavior must pose an imminent danger of serious physical injury to the student or other individual. Each state must ensure that a sufficient number of program personnel are trained and certified by a state-approved crisis intervention training program. Additionally, each program must establish procedures to follow after an incident involving physical restraint. Further, the bill establishes enforcement provisions, including a private right of action for a student who has been subjected to unlawful seclusion or restraint. The Department of Education and the Department of Health and Human Services must withhold payments from a program for unlawful seclusion or restraint. Finally, the bill requires each state educational agency (SEA) to establish, implement, and enforce policies and procedures required by the bill. It also creates a grant program to assist SEAs with these activities.

Details

Congress: 119th
Chamber: Senate
Status: summarized
Action: Introduced in Senate
Action Date: 2025-12-11
Date Added: 2026-07-28
Source: Congress.gov →

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