II 

117TH CONGRESS 

2D SESSION S. 5013 

To authorize grants to establish a national education protection and advocacy 

program to enforce the rights and protections under the Individuals 

with Disabilities Education Act, the Americans with Disabilities Act 

of 1990, and section 504 of the Rehabilitation Act of 1973, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2022 

Ms. HASSAN introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To authorize grants to establish a national education protection and advocacy program to enforce the rights and 

protections under the Individuals with Disabilities Education Act, the Americans with Disabilities Act of 1990, 

and section 504 of the Rehabilitation Act of 1973, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protection and Advo5 cacy in Education Act’’. 


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•S 5013 IS

1 SEC. 2. GRANTS TO ESTABLISH A NATIONAL EDUCATION 

2 PROTECTION AND ADVOCACY PROGRAM. 

3 (a) DEFINITIONS.—In this section: 

4 (1) AMERICAN INDIAN CONSORTIUM.—The term 

5 ‘‘American Indian consortium’’ has the meaning 

6 given the term in section 102 of the Developmental 

7 Disabilities Assistance and Bill of Rights Act of 

8 2000 (42 U.S.C. 15002). 

9 (2) EDUCATIONAL SETTING.—The term ‘‘edu10 cational setting’’ includes any setting, in which a 

11 student (including a child, youth, or an adult) who 

12 may be eligible for education or related services 

13 under, or is otherwise protected by, the laws de14 scribed in subsection (b) receives such education or 

15 services. 

16 (3) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Education. 

18 (4) PROTECTION AND ADVOCACY SYSTEM.—The 

19 term ‘‘protection and advocacy system’’ means a 

20 protection and advocacy system established under 

21 section 143 of the Developmental Disabilities Assist22 ance and Bill of Rights Act of 2000 (42 U.S.C. 

23 15043). 

24 (b) PROGRAM ESTABLISHED.—The Secretary shall 

25 make grants to protection and advocacy systems for the 

26 purpose of protecting the rights and advocating for the 


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1 educational needs of children, youth, and adults who are 

2 (or may be) protected by or eligible for education or re3 lated services under the Individuals with Disabilities Edu4 cation Act (20 U.S.C. 1400 et seq.), section 504 of the 

5 Rehabilitation Act of 1973 (29 U.S.C. 794), or the Ameri6 cans with Disabilities Act of 1990 (42 U.S.C. 12101 et 

7 seq.). 

8 (c) USES OF FUNDS.—A protection and advocacy 

9 system shall use a grant under this section to carry out 

10 one or more of the following: 

11 (1) Monitoring and identifying conditions and 

12 practices that violate the laws described in sub13 section (b) with respect to the rights of students 

14 with disabilities. 

15 (2) Advocating for safe and humane conditions 

16 and the elimination of aversive and other dangerous 

17 practices at educational settings, including seclusion 

18 and restraint. 

19 (3) Collaborating with parent training and in20 formation centers, as described in section 671 of the 

21 Individuals with Disabilities Education Act (20 

22 U.S.C. 1471), to ensure that needed advocacy and 

23 information is provided for families and individuals 

24 protected by or eligible for education-related servVerDate Sep 11 2014 22:21 Oct 13, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S5013.IS S5013

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1 ices, protection, and rights under the laws described 

2 in subsection (b). 

3 (4) Advocating for redress of violations of the 

4 law and providing advocacy in dispute resolution 

5 proceedings. 

6 (5) Advocating for systemic change in edu7 cational settings to address violations of the laws de8 scribed in subsection (b). 

9 (6) Pursuing administrative, legal, and other 

10 appropriate remedies to ensure that children, youth, 

11 and adults with disabilities in educational settings 

12 are eligible for and receiving the education, related 

13 services, protections, and rights to which they are 

14 entitled under the laws described in subsection (b). 

15 (d) SYSTEM REQUIREMENTS.—To be eligible for a 

16 grant under this section, a protection and advocacy system 

17 shall— 

18 (1) have the authority to investigate incidents 

19 of abuse and neglect of youth, children, and adults 

20 with disabilities in educational settings if the inci21 dents are reported to the protection and advocacy 

22 system or if there is probable cause to believe that 

23 the incidents occurred; 

24 (2) have the authority to pursue legal, adminis25 trative, and other appropriate remedies or apVerDate Sep 11 2014 22:21 Oct 13, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5013.IS S5013

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1 proaches to ensure the protection of, and advocacy 

2 for, the rights of children, youth, and adults in edu3 cational settings who are protected by or are (or 

4 may be) eligible for education or related services 

5 under the laws described in subsection (b); and 

6 (3) have the same authorities as set forth in 

7 section 143 of the Developmental Disabilities Assist8 ance and Bill of Rights Act of 2000 (42 U.S.C. 

9 15043) and any regulations issued under such sec10 tion, including the authority to access individuals, 

11 records, and educational settings. 

12 (e) APPLICATION.—A protection and advocacy sys13 tem shall submit an application to the Secretary at such 

14 time, in such form and manner, and accompanied by such 

15 information as the Secretary may require, and shall in16 clude a description of how the system will use grant funds 

17 to address the needs of children, youth, and adults with 

18 disabilities in educational settings. 

19 (f) APPROPRIATIONS LESS THAN $6,750,000.— 

20 (1) IN GENERAL.—With respect to any fiscal 

21 year for which the amount appropriated pursuant to 

22 subsection (o) to carry out this section is less than 

23 $6,750,000, the Secretary shall reserve funds in ac24 cordance with subsection (n)(1) and make grants 

25 from such remaining amounts among protection and 


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1 advocacy systems that apply for a grant under this 

2 section. 

3 (2) AMOUNT OF GRANT.—The amount of a 

4 grant under paragraph (1) shall not be less than— 

5 (A) $120,000 for a protection and advo6 cacy system located in 1 of the several States, 

7 the District of Columbia, or the Commonwealth 

8 of Puerto Rico; and 

9 (B) $60,000 for a protection and advocacy 

10 system located in American Samoa, the Com11 monwealth of the Northern Mariana Islands, 

12 Guam, the United States Virgin Islands, or the 

13 American Indian Consortium. 

14 (g) APPROPRIATIONS OF $6,750,000 OR MORE.— 

15 (1) IN GENERAL.—With respect to any fiscal 

16 year in which the amount appropriated pursuant to 

17 subsection (o) to carry out this section is not less 

18 than $6,750,000, the Secretary shall reserve funds 

19 in accordance with subsection (n)(2) and make 

20 grants from such remaining amounts not later than 

21 January 1 of the fiscal year to protection and advo22 cacy systems that apply for a grant under this sec23 tion. 

24 (2) AMOUNT OF GRANT.—Subject to paragraph 

25 (3), the amount of a grant to a protection and advoVerDate Sep 11 2014 22:21 Oct 13, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S5013.IS S5013

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1 cacy system under paragraph (1) shall be equal to 

2 an amount bearing the same ratio to the total 

3 amount appropriated for the fiscal year involved 

4 pursuant to subsection (o) and not reserved as the 

5 population of the State in which the grantee is lo6 cated bears to the population of all States. 

7 (3) MINIMUMS.—The amount of a grant under 

8 paragraph (1) shall not be less than— 

9 (A) $120,000 for a protection and advo10 cacy system located in one of the several States, 

11 the District of Columbia, or the Commonwealth 

12 of Puerto Rico; and 

13 (B) $60,000 for a protection and advocacy 

14 system located in American Samoa, the Com15 monwealth of the Northern Mariana Islands, 

16 Guam, or the United States Virgin Islands, and 

17 for the system serving the American Indian 

18 Consortium. 

19 (4) ADJUSTMENT.—For each fiscal year in 

20 which the total amount appropriated under sub21 section (o) to carry out this section is $10,000,000 

22 or more, and such appropriated amount exceeds the 

23 total amount appropriated to carry out this section 

24 for the preceding fiscal year, the Secretary shall in25 crease each of the minimum grant amounts deVerDate Sep 11 2014 22:21 Oct 13, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S5013.IS S5013

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1 scribed in subparagraphs (A) and (B) of paragraph 

2 (3) by a percentage equal to the percentage increase 

3 in the total amount appropriated under subsection 

4 (o) to carry out this section between the preceding 

5 fiscal year and the fiscal year involved. 

6 (h) DIRECT PAYMENT.—Notwithstanding any other 

7 provision of law, the Secretary shall pay directly to any 

8 protection and advocacy system that complies with this 

9 section, the total amount of the grant for such system, 

10 unless the system provides otherwise for such payment. 

11 (i) NO MATCHING FUNDS REQUIRED.—The Federal 

12 share of a grant under this section shall be 100 percent 

13 and a grant recipient shall not be required to provide 

14 matching funds. 

15 (j) ANNUAL REPORT.—Each protection and advocacy 

16 system that receives a grant under this section shall sub17 mit an annual report to the Secretary concerning the serv18 ices provided to protect and advocate for the educational 

19 needs of children, youth, and adults who are (or may be) 

20 eligible for education and related services under the laws 

21 described in subsection (b). 

22 (k) ADMINISTRATIVE, REPORTING, AND OVERSIGHT

23 REQUIREMENTS.—To the extent possible, reporting, moni24 toring, program financing, and other administrative and 

25 oversight requirements established by the Secretary under 


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1 this section shall be consistent with the administrative, re2 porting, and oversight requirements for a protection and 

3 advocacy system under the Developmental Disabilities As4 sistance and Bill of Rights Act of 2000 (42 U.S.C. 150001 

5 et seq.). 

6 (l) SUPPLEMENT, NOT SUPPLANT.—A protection and 

7 advocacy system receiving funds under this section shall 

8 use such funds to supplement, and not supplant, funds 

9 used to protect the rights and advocate for the educational 

10 needs of children, youth, and adults who are (or may be) 

11 protected under or eligible for services under the laws de12 scribed in subsection (b). 

13 (m) CARRYOVER AND PROGRAM INCOME.—Any 

14 amounts paid to a protection and advocacy system for a 

15 fiscal year under this section that remain unobligated at 

16 the end of such fiscal year shall remain available to such 

17 system for obligation during the subsequent fiscal year. 

18 Program income generated from such amounts shall be 

19 considered additive and shall remain available for 5 addi20 tional fiscal years after the year in which such amount 

21 was paid to the protection and advocacy system. 

22 (n) TECHNICAL ASSISTANCE.— 

23 (1) APPROPRIATIONS OF LESS THAN

24 $6,750,000.—For any fiscal year for which the 

25 amount appropriated to carry out this section is less 


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1 than $6,750,000, the Secretary shall set aside 1 per2 cent of the funds appropriated (but not less than 

3 $50,000) to make a grant to or a contract or cooper4 ative agreement with a national organization with 

5 experience in providing training and technical assist6 ance to protection and advocacy systems to provide 

7 such training and technical assistance. 

8 (2) APPROPRIATIONS OF NOT LESS THAN

9 $6,750,000.—For any fiscal year for which the 

10 amount appropriated to carry out this section is not 

11 less than $6,750,000, the Secretary shall set aside 

12 2 percent of the funds appropriated to make a grant 

13 to or contract or cooperative agreement with a na14 tional organization with experience in providing 

15 training and technical assistance to protection and 

16 advocacy systems to provide such training and tech17 nical assistance. 

18 (o) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated such sums as may be 

20 necessary to carry out this section for each of fiscal years 

21 2023 through 2032. 

Æ 


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