II 

116TH CONGRESS 

2D SESSION S. 4956 

To create a Council on Emergency Response Protocols to ensure the establishment of accessible, developmentally appropriate, culturally aware, and 

trauma-informed emergency response protocols in public schools, early 

childcare and education settings, and institutions of higher education, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 3, 2020 

Mr. CASEY (for himself, Ms. DUCKWORTH, and Mr. VAN HOLLEN) introduced 

the following bill; which was read twice and referred to the Committee 

on Health, Education, Labor, and Pensions 

A BILL 

To create a Council on Emergency Response Protocols to 

ensure the establishment of accessible, developmentally 

appropriate, culturally aware, and trauma-informed 

emergency response protocols in public schools, early 

childcare and education settings, and institutions of higher education, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Promoting Responsible 

3 Emergency Protocols for All Students Act’’ or the ‘‘PREP 

4 for All Students Act of 2020’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds the following: 

7 (1) The lack of accessible, developmentally ap8 propriate, culturally aware, and trauma-informed 

9 emergency response protocols for children and youth 

10 in public schools, early childcare and education set11 tings, and institutions of higher education is not a 

12 trivial issue: 

13 (A) In 2016, there were 12,032,000 chil14 dren from ages 3 to 5 enrolled in preprimary 

15 education programs, and almost one-quarter of 

16 children under the age of 5 are in some form 

17 of child care arrangement, including nurseries, 

18 child care centers, and preschools. 

19 (B) In the 2017–2018 school year— 

20 (i) 14 percent of students in grades 

21 kindergarten through grade 12 had a dis22 ability; and 

23 (ii) 11 percent of students in 

24 postbaccalaureate programs self-identified 

25 as having a disability. 


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1 (2) As of the date of enactment of this Act, lit2 tle has been done to integrate specific populations, 

3 such as children and youth at various developmental 

4 stages or children and youth with disabilities, into 

5 emergency preparedness planning. 

6 (3) In 2018 alone, there were 108 natural dis7 asters in the United States, including severe thun8 derstorms, floods, wildfires, droughts, earthquakes, 

9 and other extreme weather. 

10 (4) During the 16 academic years from 2000 

11 through 2015, there were 85 fatal fires in dor12 mitories, fraternities, sororities, and off-campus 

13 housing, resulting in 118 fatalities—an average of 

14 approximately 7 per school year. 

15 (5) The risks associated with natural and man16 made disasters have a disproportionate impact on in17 dividuals with disabilities. People with disabilities 

18 are 2 to 4 times more likely to die or sustain critical 

19 injuries during a disaster than people without dis20 abilities. 

21 (6) Technology plays an increasingly vital role 

22 in emergency communications but remains largely 

23 inaccessible for many individuals with disabilities. 

24 (7) The rise of gun violence and gun violence25 related deaths has contributed to the expansion of 


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1 school security technologies and devices. While such 

2 technologies and devices have the potential to save 

3 lives, they have largely been developed without con4 sideration of the needs of students at various devel5 opmental stages or students with disabilities. Thus, 

6 there may be inherent biases within these tech7 nologies and devices that disadvantage or create bias 

8 toward specific populations. 

9 (8) As of the date of enactment of this Act, 92 

10 percent of schools nationwide have an active shooter 

11 lockdown protocol. More than 1,000,000 elementary12 age children experienced a lockdown in the 2017– 

13 2018 school year, and among that group, at least 

14 220,000 were in kindergarten or prekindergarten. 

15 (9) While the Department of Homeland Secu16 rity active shooter emergency guidelines recommend 

17 that students and personnel in school and early 

18 childcare and education settings ‘‘Run, Hide, and 

19 Fight’’, these strategies can exacerbate danger for 

20 young children in prekindergarten and child care 

21 centers, and can exclude and put at risk students 

22 with a wide range of disabilities. 

23 (10) At the height of the 2019 novel 

24 coronavirus (COVID–19) pandemic, emergency clo25 sures of early education centers, elementary schools, 


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1 secondary schools, and institutions of higher edu2 cation created great disruptions in learning and cast 

3 a light on educational institutions’ lack of prepared4 ness protocols for public health emergencies. 

5 (11) During the pandemic, early care and edu6 cation remains indispensable for the development of 

7 children and for millions of health care workers, first 

8 responders, educators, and essential personnel, and 

9 it is imperative that early care and education centers 

10 and schools have emergency preparedness plans to 

11 ensure the safety of students and educators. 

12 (12) Emergency preparation drills and real-life 

13 lockdowns where danger may be external can create 

14 undue stress, fear, and trauma in children, youth, 

15 employees, and other specific populations in schools, 

16 early childcare and education settings, and institu17 tions of higher education. 

18 (13) Traumatic events have a long-lasting and 

19 profound sensory impact on young children, as birth 

20 to age 5 is a critical developmental age. Frightening 

21 visual stimuli, loud noises, violent movements, and 

22 other sensations associated with an unpredictable 

23 frightening event, such as in an emergency prepara24 tion drill or lockdown, can cause substantial stress. 

25 Unlike older children, young children cannot express 


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1 in words whether they feel afraid, overwhelmed, or 

2 helpless, and may have difficulty regulating their be3 havior and emotions after experiencing trauma. 

4 (14) There is an increasing need to ensure the 

5 establishment of accessible, developmentally appro6 priate, culturally aware, and trauma-informed emer7 gency response protocols, including gun violence re8 sponse and prevention protocols, natural disaster 

9 preparedness procedures, fire drills, and other emer10 gency preparation drills or lockdown procedures, in 

11 public schools, early childcare and education set12 tings, and institutions of higher education. 

13 SEC. 3. DEFINITIONS. 

14 In this Act: 

15 (1) ESEA DEFINITIONS.—The terms ‘‘elemen16 tary school’’, ‘‘local educational agency’’, ‘‘para17 professional’’, ‘‘school leader’’, ‘‘secondary school’’, 

18 and ‘‘specialized instructional support personnel’’ 

19 have the meanings given the terms in section 8101 

20 of the Elementary and Secondary Education Act of 

21 1965 (20 U.S.C. 7801). 

22 (2) ACCESSIBLE.—The term ‘‘accessible’’, when 

23 used with respect to an emergency response protocol, 

24 means a protocol that— 


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1 (A) is developed in full compliance with 

2 title II of the Americans with Disabilities Act of 

3 1990 (42 U.S.C. 12131 et seq.) and the Reha4 bilitation Act of 1973 (29 U.S.C. 701 et seq.); 

5 and 

6 (B) accounts for a comprehensive range of 

7 disabilities, including children and youth who 

8 use non-speech modes of communication. 

9 (3) COUNCIL.—The term ‘‘Council’’ means the 

10 Council on Emergency Response Protocols estab11 lished under section 4. 

12 (4) CULTURALLY AWARE.—The term ‘‘cul13 turally aware’’, when used with respect to an emer14 gency response protocol, means a protocol that— 

15 (A)(i) incorporates the roles of first re16 sponder personnel, law enforcement personnel, 

17 school resource officers, and other authorities in 

18 the communities where the students live and at19 tend school; 

20 (ii) takes into account the use and preva21 lence of firearms in such communities; and 

22 (iii) is cognizant of the ways in which Afri23 can-American students and students of other 

24 racial or ethnic minority groups are more likely 

25 to face disciplinary action in schools; 


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1 (B) is designed to be sensitive to and re2 spect cultural differences and differences in cus3 toms and worldview; and 

4 (C) considers the ways in which certain 

5 emergency events have disparate impact on Af6 rican Americans, Native peoples, and other ra7 cial and ethnic minorities. 

8 (5) DEVELOPMENTALLY APPROPRIATE.—The 

9 term ‘‘developmentally appropriate’’, when used with 

10 respect to an emergency response protocol, means a 

11 protocol that is appropriate for children’s ages and 

12 physical, social, sensory, and emotional develop13 mental statuses. 

14 (6) DISABILITY.—The term ‘‘disability’’ has the 

15 meaning given the term in section 3 of the Ameri16 cans with Disabilities Act of 1990 (42 U.S.C. 

17 12102). 

18 (7) INSTITUTION OF HIGHER EDUCATION.—The 

19 term ‘‘institution of higher education’’ has the 

20 meaning given the term in section 102 of the Higher 

21 Education Act of 1965 (20 U.S.C. 1002). 

22 (8) TRAUMA-INFORMED.—The term ‘‘trauma23 informed’’, when used with respect to an emergency 

24 response protocol, means a protocol that— 


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1 (A) recognizes the prevalence of trauma 

2 and the role that trauma plays in the lives of 

3 children, youth, and survivors of trauma; 

4 (B) considers the physical, psychological, 

5 and emotional well-being of individuals during 

6 and after an emergency event; and 

7 (C) takes an approach that actively com8 bats the traumatization or retraumatization of 

9 children, youth, and survivors of trauma. 

10 SEC. 4. ESTABLISHMENT OF COUNCIL ON EMERGENCY RE11 SPONSE PROTOCOLS. 

12 (a) ESTABLISHMENT.—There is established a Council 

13 on Emergency Response Protocols. 

14 (b) COMPOSITION.— 

15 (1) CHAIRPERSON.—The Secretary of Edu16 cation, in an expeditious manner, shall appoint an 

17 individual who represents one of the categories de18 scribed in paragraph (2) to serve as a member and 

19 chairperson of the Council. 

20 (2) APPOINTED MEMBERS.—By not later than 

21 90 days after the date of enactment of this Act, the 

22 chairperson of the Council shall appoint a member 

23 to the Council for each of the following categories 

24 (except for the category represented by the chair25 person): 


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1 (A) An executive director or a representa2 tive from a national organization representing 

3 individuals with disabilities. 

4 (B) An executive director or a representa5 tive from a national organization representing 

6 early childcare educators. 

7 (C) The executive director or a representa8 tive from a national organization representing 

9 law enforcement officials. 

10 (D) The executive director or a representa11 tive from an organization focused on emergency 

12 preparedness training in early childcare. 

13 (E) A member of an organization rep14 resenting teachers, school leaders, specialized 

15 instructional support personnel, and paraprofes16 sionals. 

17 (F) A member of an organization rep18 resenting school-based child welfare and mental 

19 health professionals. 

20 (G) An individual with a physical, sensory, 

21 intellectual, or developmental disability who has 

22 demonstrated disability advocacy experience in 

23 kindergarten through grade 12 education. 

24 (H) An individual with a mental health 

25 disability who has been enrolled in an instituVerDate Sep 11 2014 04:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4956.IS S4956

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1 tion of higher education for at least a year dur2 ing the 5 years prior to the date of the individ3 ual’s appointment to the Council. 

4 (I) An individual with a physical, sensory, 

5 intellectual, or developmental disability who has 

6 been enrolled in an institution of higher edu7 cation for a year prior to the date of the indi8 vidual’s appointment to the Council. 

9 (J) A parent or guardian of a child in an 

10 early childcare and education program. 

11 (K) A parent or guardian of a child with 

12 a physical, sensory, intellectual, or develop13 mental disability in— 

14 (i) an early childcare and education 

15 program; or 

16 (ii) a public elementary school or sec17 ondary school. 

18 (3) FEDERAL MEMBERS.— 

19 (A) DEPARTMENT OF EDUCATION MEM20 BERS.—The following officers of the Depart21 ment of Education shall serve as members of 

22 the Council: 

23 (i) The Assistant Secretary of the Of24 fice of Planning, Evaluation, and Policy 

25 Development. 


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1 (ii) The Assistant Secretary of the Of2 fice of Special Education and Rehabilita3 tive Services. 

4 (iii) The Assistant Secretary for Civil 

5 Rights. 

6 (iv) The Director for the Office of 

7 Early Learning. 

8 (v) The Director of the Office of Spe9 cial Education Programs. 

10 (B) HEALTH AND HUMAN SERVICES MEM11 BERS.—The following officers of the Adminis12 tration for Children and Families of the De13 partment of Health and Human Services shall 

14 serve as members of the Council: 

15 (i) The Director of the Office of Child 

16 Care. 

17 (ii) The Director of the Office of 

18 Head Start. 

19 (C) FEMA MEMBER.—The Administrator 

20 of the Federal Emergency Management Agency 

21 shall serve as a member of the Council. 

22 (4) ADDITIONAL REQUIREMENTS.—The chair23 person shall ensure that not less than one of the 

24 members appointed under paragraph (2) has directly 

25 experienced, as a student, gun violence or another 


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1 emergency event in which a lockdown protocol was 

2 enforced in an educational setting that was the pri3 mary target of the emergency event. 

4 (c) MEETINGS.— 

5 (1) INITIAL MEETING.—The Council shall hold 

6 its first meeting not later than 90 days after the 

7 date of enactment of this Act. 

8 (2) FREQUENCY.—The Council shall meet at 

9 the call of the chairperson. 

10 (3) QUORUM.—A majority of the members of 

11 the Council shall constitute a quorum, but a lesser 

12 number of members may hold hearings. 

13 SEC. 5. DUTIES. 

14 (a) HEARING.—The Council shall hold a hearing with 

15 relevant stakeholders, including students and educators, 

16 principals and other school leaders, child care experts, dis17 ability advocates, civil rights advocates, law enforcement, 

18 security experts, and others, not later than 120 days after 

19 the date of enactment of this Act. 

20 (b) STUDY AND REVIEW.—The Council shall— 

21 (1) study emergency response protocols, includ22 ing gun violence response and prevention protocols, 

23 natural disaster preparedness procedures, fire drills, 

24 and other emergency preparation drills or lockdown 

25 procedures, for educational settings including early 


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1 childcare and education settings, elementary schools 

2 and secondary schools, and institutions of higher 

3 education; and 

4 (2) conduct a complete and thorough review of 

5 the relevant literature and research surrounding 

6 emergency response protocols in such educational 

7 settings and the impact that emergency response 

8 protocols can have on specific populations of chil9 dren, youth, and employees, including the effects on 

10 children living in poverty and children of color. 

11 (c) RECOMMENDATIONS AND GUIDELINES.—After 

12 completing the study and review described in subsection 

13 (b), the Council shall provide— 

14 (1) recommendations that ensure that States, 

15 early childcare and education settings, local edu16 cational agencies, and institutions of higher edu17 cation are provided with accurate information about 

18 the needs of specific populations of children, youth, 

19 and employees during emergencies; 

20 (2) guidelines for States, early childcare and 

21 education settings, local educational agencies, and 

22 institutions of higher education to use in developing 

23 and implementing emergency response protocols, in24 cluding gun violence response and prevention proto25 cols, natural disaster preparedness procedures, fire 


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1 drills, and other emergency preparation drills or 

2 lockdown procedures, that are inclusive and acces3 sible; and 

4 (3) guidelines— 

5 (A) for the development and implementa6 tion of accessible, developmentally appropriate, 

7 culturally aware, and trauma-informed emer8 gency response protocols, including gun violence 

9 response and prevention protocols, natural dis10 aster preparedness procedures, fire drills, and 

11 other emergency preparation drills or lockdown 

12 procedures, that include information about— 

13 (i) preparedness drills, including dis14 cussions and seminars on emergency pre15 paredness, workshops, and full-scale emer16 gency simulations; 

17 (ii) emergency communications; 

18 (iii) training for educators, early 

19 childcare and education staff, administra20 tors, and support personnel, including— 

21 (I) training addressing implicit 

22 biases on the basis of race, national 

23 origin, socioeconomic status, religion, 

24 disability, and sex (including sexual 

25 orientation and gender identity); and 


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1 (II) other training to ensure the 

2 nondiscriminatory application of pro3 tocols and treatment of students; 

4 (iv) the use of technology; and 

5 (v) other issues determined appro6 priate by the Council; 

7 (B) for the use of Federal funds by States, 

8 early childcare and education programs, local 

9 educational agencies, and institutions of higher 

10 education to develop and implement emergency 

11 response protocols, including gun violence re12 sponse and prevention protocols, natural dis13 aster preparedness procedures, fire drills, and 

14 other emergency preparation drills or lockdown 

15 procedures, that are inclusive and accessible; 

16 and 

17 (C) for States to create and develop rec18 ommendations for oversight for public elemen19 tary schools and secondary schools, early 

20 childcare and education settings, and institu21 tions of higher education to ensure any emer22 gency response protocols— 

23 (i) are inclusive and accessible; 

24 (ii) protect student privacy; and 


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1 (iii) avoid exacerbating risk for chil2 dren and youth with disabilities, young 

3 children, employees, and other specific pop4 ulations. 

5 (d) REPORT.—By not later than 18 months after the 

6 date of enactment of this Act, the Council shall prepare 

7 and submit to Congress a detailed report that contains— 

8 (1) findings from stakeholders related to the 

9 challenges faced by children and youth with disabil10 ities, young children, and other specific populations 

11 with regard to emergency response protocols, includ12 ing gun violence response and prevention protocols, 

13 natural disaster preparedness procedures, fire drills, 

14 and other emergency preparation drills or lockdown 

15 procedures; and 

16 (2) the recommendations and guidelines de17 scribed in subsection (c). 

18 SEC. 6. POWERS OF COUNCIL. 

19 (a) HEARINGS.—The Council may hold such hear20 ings, sit and act at such times and places, take such testi21 mony, and receive such evidence as the Council considers 

22 advisable to carry out this Act. 

23 (b) INFORMATION FROM FEDERAL AGENCIES.— 

24 (1) IN GENERAL.—The Council may secure di25 rectly from a Federal department or agency such inVerDate Sep 11 2014 04:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S4956.IS S4956

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1 formation as the Council considers necessary to 

2 carry out this Act. 

3 (2) FURNISHING INFORMATION.—On request of 

4 the chairperson of the Council, the head of the de5 partment or agency shall furnish the information to 

6 the Council. 

7 (c) POSTAL SERVICES.—The Council may use the 

8 United States mails in the same manner and under the 

9 same conditions as other departments and agencies of the 

10 Federal Government. 

11 SEC. 7. COUNCIL PERSONNEL MATTERS. 

12 (a) COMPENSATION OF MEMBERS.—Only members of 

13 the Council representing categories described in subpara14 graphs (G) through (K) of section 4(b)(2) shall be com15 pensated for their work for the Council. Such members 

16 may receive compensation at a rate equal to the daily 

17 equivalent of the annual rate of basic pay prescribed for 

18 level IV of the Executive Schedule under section 5315 of 

19 title 5, United States Code, for each day (including travel 

20 time) during which the members are engaged in the per21 formance of the duties of the Council. 

22 (b) TRAVEL EXPENSES.—A member of the Council 

23 shall be allowed travel expenses, including per diem in lieu 

24 of subsistence, at rates authorized for employees of agen25 cies under subchapter I of chapter 57 of title 5, United 


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1 States Code, while away from their homes or regular 

2 places of business in the performance of services for the 

3 Council. 

4 (c) STAFF.— 

5 (1) IN GENERAL.—The chairperson of the 

6 Council may, without regard to the civil service laws 

7 (including regulations), appoint and terminate an ex8 ecutive director and such other additional personnel 

9 as may be necessary to enable the Council to per10 form its duties, except that the employment of an 

11 executive director shall be subject to confirmation by 

12 the Council. 

13 (2) COMPENSATION.—The chairperson of the 

14 Council may fix the compensation of the executive 

15 director and other personnel without regard to chap16 ter 51 and subchapter III of chapter 53 of title 5, 

17 United States Code, relating to classification of posi18 tions and General Schedule pay rates, except that 

19 the rate of pay for the executive director and other 

20 personnel may not exceed the rate payable for level 

21 V of the Executive Schedule under section 5316 of 

22 that title. 

23 (d) DETAIL OF GOVERNMENT EMPLOYEES.—A Fed24 eral Government employee may be detailed to the Council 


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1 without reimbursement, and such detail shall be without 

2 interruption or loss of civil service status or privilege. 

3 (e) PROCUREMENT OF TEMPORARY AND INTERMIT4 TENT SERVICES.—The chairperson of the Council may 

5 procure temporary and intermittent services under section 

6 3109(b) of title 5, United States Code, at rates for individ7 uals that do not exceed the daily equivalent of the annual 

8 rate of basic pay prescribed for level V of the Executive 

9 Schedule under section 5316 of that title. 

10 SEC. 8. TERMINATION OF COUNCIL. 

11 The Council shall terminate 60 days after the date 

12 on which the Council submits the report required under 

13 section 5(d). 

14 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

15 (a) IN GENERAL.—There is authorized to be appro16 priated to the Council to carry out this Act a total of 

17 $500,000 for fiscal years 2021 and 2022. 

18 (b) AVAILABILITY.—Any sums appropriated under 

19 subsection (a) shall remain available, without fiscal year 

20 limitation, until expended. 

Æ 


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