Keeping All Students Safe Act
- Bill Number
- S. 3448
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Education
- Status
- Introduced
- Latest Action
- 2025-12-11: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- Last Updated
- 2026-04-16T11:03:25Z
AI-Generated Summary
Purpose of the Legislation
The Keeping All Students Safe Act aims to protect students in educational settings by prohibiting harmful practices like seclusion and certain types of restraint. It seeks to prevent and reduce the use of physical restraint, promote positive behavioral interventions, and ensure safer school environments, particularly for students with disabilities, while applying to programs receiving federal funding.
Key Provisions
- Prohibitions on Unlawful Seclusion and Restraint (Title I):
- Bans seclusion (involuntary isolation in a locked space), mechanical restraint (use of devices to restrict movement), chemical restraint (non-prescribed drugs to control behavior), and dangerous physical restraints (e.g., those restricting breathing or blood flow, or contraindicated for a student's medical needs).
- Allows physical restraint only in cases of imminent serious physical harm, using the least force necessary by trained personnel, and ending immediately when the danger stops. Excludes brief "time-outs" or approved medical devices.
- Requires post-restraint procedures, including immediate parent notification, a follow-up meeting within 5 days to discuss prevention strategies, and documentation of incidents.
- Permits physical escorts (gentle guiding to a safe area) but not as a form of restraint.
- State Plans, Reporting, and Grants (Title II):
- States must submit annual plans to the U.S. Department of Education detailing policies for compliance, training programs, public awareness, and oversight (e.g., monitoring restraint use, site visits to special education schools).
- Mandates annual public reporting by states and local agencies on restraint incidents, disaggregated by demographics (e.g., race, disability status, sex), injuries, deaths, and involvement of law enforcement or untrained staff, while protecting student privacy.
- Provides grants to state educational agencies (SEAs) for 3 years to enforce prohibitions, improve data collection, train staff, and implement positive supports like mental health services, restorative justice, and de-escalation techniques. SEAs may subgrant to local agencies, including equitable participation for early childhood and private schools.
- General Provisions (Title III):
- Requires a national assessment by the Secretary of Education on the Act's effectiveness, with interim and final reports to Congress within 3 and 5 years.
- Mandates notification to protection and advocacy systems (state agencies that investigate abuse of people with disabilities) in cases of injury or death from restraints.
- Applies to schools run by the Departments of Interior (e.g., Bureau of Indian Education) and Defense, with required regulations.
- Authorizes ongoing appropriations starting in fiscal year 2026.
Significant Changes to Existing Law
- Introduces federal-level bans on seclusion and specific restraints in schools and federally funded programs (e.g., Head Start), building on but expanding laws like the Individuals with Disabilities Education Act (IDEA, which supports students with disabilities) and Section 504 of the Rehabilitation Act (protecting against discrimination based on disability).
- Adds mandatory state-approved training for school staff, law enforcement, and security guards on de-escalation and positive interventions, which were previously optional or inconsistent across states.
- Establishes detailed reporting and data disaggregation requirements not uniformly required before, enhancing transparency.
- Creates a private right of action for students or parents to sue programs (not individual staff) for violations, and waives sovereign immunity (government protection from lawsuits) for such cases, allowing federal and state court actions for remedies like damages or injunctions (court orders to stop practices).
- Prohibits planning restraints in individual student plans (e.g., IEPs under IDEA), shifting focus to proactive, evidence-based alternatives.
Potential Impacts
- On Government Agencies: The U.S. Department of Education and Health and Human Services will oversee investigations, withhold funding from non-compliant programs, and conduct assessments, increasing administrative workload. SEAs and local agencies must develop plans, train staff, and report data, potentially straining resources but supported by grants.
- On Citizens: Students, especially those with disabilities, gain stronger protections against harmful practices, reducing risks of injury or trauma in schools. Parents receive timely notifications and involvement in incident reviews, empowering family input. Schools may see fewer restraints, fostering safer climates but requiring staff to adopt new de-escalation methods.
- On International Relations: No direct impact, as the bill focuses on domestic U.S. education policy.
Main Stakeholders Affected
- Students: Primary beneficiaries, particularly those with disabilities or behavioral needs, protected from abusive restraints in public schools, Head Start programs, and some private schools receiving federal funds.
- Parents and Families: Gain rights to sue, receive notifications, and participate in post-incident meetings.
- School Personnel: Teachers, aides, leaders, security guards, and law enforcement in schools must undergo training and follow strict protocols; individual staff are shielded from lawsuits but programs face accountability.
- Educational Agencies: State and local agencies (SEAs/LEAs) responsible for compliance, reporting, and grant implementation; non-compliance risks funding cuts.
- Federal Agencies: Departments of Education, Health and Human Services, Interior, and Defense must enforce rules and provide oversight.
- Protection and Advocacy Systems: State entities gain expanded roles in investigating restraint-related harms.
- Private Schools and Home Schools: Limited applicability—only to those receiving federal funds; fully exempt if not.
Notable Legal, Constitutional, or Political Implications
- Legal: Enhances civil rights enforcement by allowing lawsuits against programs for violations, with remedies including compensatory damages (money for harm suffered) and attorney fees. Enforcement through fund withholding aligns with existing federal education laws but adds specificity. The severability clause ensures the law remains effective if parts are struck down.
- Constitutional: Explicitly waives Eleventh Amendment sovereign immunity, enabling suits against state entities in federal court, which could increase litigation but upholds due process and equal protection for vulnerable students. Does not restrict law enforcement arrests based on probable cause.
- Political: Promotes a shift from punitive to supportive school discipline, potentially reducing disparities in restraint use among marginalized groups (e.g., students of color or with disabilities). Sponsored by a bipartisan group of senators, it emphasizes evidence-based practices, but implementation may face debates over training costs and local flexibility versus federal mandates.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. Murphy, Christopher [D-CT]
Cosponsors (17)
Sen. Sanders, Bernard [I-VT], Sen. Murray, Patty [D-WA], Sen. Blumenthal, Richard [D-CT], Sen. Booker, Cory A. [D-NJ], Sen. Duckworth, Tammy [D-IL], Sen. Durbin, Richard J. [D-IL], Sen. Fetterman, John [D-PA], Sen. Kaine, Tim [D-VA], Sen. Luján, Ben Ray [D-NM], Sen. Markey, Edward J. [D-MA], Sen. Merkley, Jeff [D-OR], Sen. Padilla, Alex [D-CA], Sen. Van Hollen, Chris [D-MD], Sen. Warren, Elizabeth [D-MA], Sen. Wyden, Ron [D-OR], Sen. Baldwin, Tammy [D-WI], Sen. Kim, Andy [D-NJ]
Recent Actions
- 2025-12-11: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- 2025-12-11: Introduced in Senate
Bill Versions
- Keeping All Students Safe Act — issued 2025-12-11 — PDF (43 pages)