I 

117TH CONGRESS 

1ST SESSION H. R. 2248 

To reduce exclusionary discipline practices in schools, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2021 

Ms. PRESSLEY (for herself, Mrs. WATSON COLEMAN, Ms. OMAR, Mrs. 

BEATTY, Ms. LEE of California, Mr. HASTINGS, and Ms. CLARKE of New 

York) introduced the following bill; which was referred to the Committee 

on Education and Labor 

A BILL 

To reduce exclusionary discipline practices in schools, 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 ‘‘Ending Punitive, Un5 fair, School-based Harm that is Overt and Unresponsive 

6 to Trauma Act of 2021’’ or the ‘‘Ending PUSHOUT Act 

7 of 2021’’. 

8 SEC. 2. PURPOSE. 

9 It is the purpose of this Act to— 


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1 (1) strengthen data collection related to exclu2 sionary discipline practices in schools and the dis3 criminatory application of such practices, which dis4 proportionately impacts students of color, particu5 larly girls of color; 

6 (2) eliminate the discriminatory use and over7 use of exclusionary discipline practices based on ac8 tual or perceived race, ethnicity, color, national ori9 gin, sex (including sexual orientation, gender iden10 tity, pregnancy, childbirth, a medical condition re11 lated to pregnancy or childbirth, or other stereotype 

12 related to sex), or disability; and 

13 (3) prevent the criminalization and pushout of 

14 students from school, especially Black and brown 

15 girls, as a result of educational barriers that include 

16 discrimination, adultification, punitive discipline poli17 cies and practices, and a failure to recognize and 

18 support students with mental health needs or experi19 encing trauma. 

20 SEC. 3. STRENGTHENING CIVIL RIGHTS DATA COLLECTION 

21 WITH RESPECT TO EXCLUSIONARY DIS22 CIPLINE IN SCHOOLS. 

23 (a) IN GENERAL.—The Assistant Secretary for Civil 

24 Rights shall annually carry out data collection authorized 

25 under section 203(c)(1) of the Department of Education 


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1 Organization Act (20 U.S.C. 3413(c)(1)), which shall in2 clude data with respect to students enrolled in a public 

3 preschool, elementary, or secondary school (including tra4 ditional public, charter, virtual, special education school, 

5 and alternative schools) who received the following dis6 ciplinary actions during the preceding school year: 

7 (1) Suspension (including the classification of 

8 the suspension as in-school suspension or out-of9 school suspension), which shall include data with re10 spect to— 

11 (A) the number of students who were sus12 pended; 

13 (B) the number and length of suspensions 

14 each such student received; 

15 (C) the reason for each such suspension, 

16 including— 

17 (i) a violation of a zero-tolerance pol18 icy and whether such violation was due to 

19 a violent or nonviolent offense; 

20 (ii) a violation of an appearance or 

21 grooming policy; 

22 (iii) an act of insubordination; 

23 (iv) willful defiance; and 

24 (v) a violation of a school code of con25 duct; and 


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1 (D) the number of days of lost instruction 

2 due to each out-of-school suspension. 

3 (2) Expulsion, which shall include data with re4 spect to— 

5 (A) the number of students who were ex6 pelled; and 

7 (B) the reason for each such expulsion, in8 cluding— 

9 (i) a violation of a zero-tolerance pol10 icy and whether such violation was due to 

11 a violent or nonviolent offense; 

12 (ii) a violation of an appearance or 

13 grooming policy; 

14 (iii) an act of insubordination, willful 

15 defiance, or violation of a school code of 

16 conduct; and 

17 (iv) the use of profane or vulgar lan18 guage. 

19 (3) The number of students subject to an out20 of-school transfer to a different school, including a 

21 virtual school, and if so, the primary reason for each 

22 such transfer. 

23 (4) The number of students subject to a refer24 ral to law enforcement, including the primary reason 


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1 for each such referral, and whether such referral re2 sulted in an arrest. 

3 (b) REPORT.— 

4 (1) IN GENERAL.—Not later than one year 

5 after the date of the enactment of this Act, and an6 nually thereafter, the Assistant Secretary for Civil 

7 Rights shall submit to Congress a report on the data 

8 collected under subsection (a). 

9 (2) REQUIREMENTS.—The report required 

10 under paragraph (1) shall— 

11 (A) identify, with respect to the data col12 lected under subsection (a), schools, local edu13 cational agencies, and States that demonstrate, 

14 in the opinion of the Secretary, the overuse and 

15 discriminatory use of exclusionary disciplinary 

16 practices; 

17 (B) be disaggregated and cross tabulated 

18 by— 

19 (i) enrollment in a preschool or in an 

20 elementary school and secondary school by 

21 grade level; 

22 (ii) race; 

23 (iii) ethnicity; 


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1 (iv) sex (including, to the extent pos2 sible, sexual orientation and gender iden3 tity); 

4 (v) low-income status; 

5 (vi) disability status (including stu6 dents eligible for disability under the Indi7 viduals with Disabilities Education Act (20 

8 U.S.C. 1401 et. seq.) or section 504 of the 

9 Rehabilitation Act of 1973 (29 U.S.C. 

10 794)); 

11 (vii) English learner status; 

12 (viii) Tribal citizenship or descent, in 

13 the first or second degree, of an Indian 

14 Tribe; and 

15 (ix) if applicable, pregnant and par16 enting student status; 

17 (C) be publicly accessible in multiple lan18 guages, accessibility formats, and provided in a 

19 language that parents, family, and community 

20 members can understand; and 

21 (D) be presented in a manner that protects 

22 the privacy of individuals consistent with the re23 quirements of section 444 of the General Edu24 cation Provisions Act (20 U.S.C. 1232g), comVerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248

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1 monly known as the ‘‘Family Educational 

2 Rights and Privacy Act of 1974’’. 

3 SEC. 4. GRANTS TO REDUCE EXCLUSIONARY SCHOOL DIS4 CIPLINE PRACTICES. 

5 (a) IN GENERAL.—The Secretary shall award grants 

6 (which shall be known as the ‘‘Healing School Climate 

7 Grants’’), on a competitive basis, to eligible entities for 

8 the purpose of reducing the overuse and discriminatory 

9 use of exclusionary discipline practices in schools. 

10 (b) APPLICATION.—An eligible entity seeking a grant 

11 under this section shall submit an application to the Sec12 retary at such time, in such manner, and containing such 

13 information as the Secretary may require, including an as14 surance that the eligible entity shall prioritize schools with 

15 the highest rates of suspensions and expulsions. The Sec16 retary shall make applications publicly accessible in an ap17 propriate digital format. 

18 (c) PROGRAM REQUIREMENT.—An eligible entity 

19 that receives a grant under subsection (a) shall prohibit 

20 the use of— 

21 (1) out-of-school suspension or expulsion for 

22 any student in preschool through grade 5 for inci23 dents that do not involve serious bodily injury; 

24 (2) out-of-school suspension or expulsion for 

25 any student in preschool through grade 12 for insubVerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248

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1 ordination, willful defiance, vulgarity, truancy, tardi2 ness, chronic absenteeism, or as a result of a viola3 tion of a grooming or appearance policy; 

4 (3) corporal punishment; 

5 (4) seclusion; 

6 (5) a mechanical or chemical restraint on a stu7 dent; or 

8 (6) a physical restraint on a student, except 

9 when— 

10 (A) the behavior of a student poses a high 

11 risk of serious bodily injury to the student or 

12 another individual and less restrictive interven13 tions would be ineffective in addressing such a 

14 high risk; 

15 (B) a limited amount of force is used to 

16 protect the student or another individual from 

17 an injury and such ends immediately upon the 

18 cessation of the imminent danger of serious 

19 bodily injury to the student or another indi20 vidual; 

21 (C) the physical restraint does not restrict 

22 breathing or the flow of blood to the brain, in23 cluding restraining in the prone or supine posi24 tion; 


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1 (D) the physical restraint does not inter2 fere with the ability of a student to commu3 nicate in the language or other mode of commu4 nication primarily used by such student; 

5 (E) the physical restraint is imposed— 

6 (i) by personnel who are trained and 

7 certified by a State in crisis intervention; 

8 or 

9 (ii) when personnel described in clause 

10 (i) are not available, in the case of a rare 

11 and unforeseeable emergency; or 

12 (F) the physical restraint does not affect 

13 or interfere with, with respect to a student, a 

14 disability, health care needs, or a medical or 

15 psychiatric condition documented in a— 

16 (i) health care directive or medical 

17 management plan; 

18 (ii) a behavior intervention plan; 

19 (iii) an individualized education pro20 gram or an individualized family service 

21 plan (as defined in section 602 of the Indi22 viduals with Disabilities Education Act (20 

23 U.S.C. 1401)); or 


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1 (iv) another relevant record made 

2 available to the State or eligible entity in3 volved. 

4 (d) USE OF FUNDS.— 

5 (1) REQUIRED USES.—An eligible entity that 

6 receives a grant under this section shall use funds 

7 to— 

8 (A) evaluate the current discipline policies 

9 of a school and, in partnership with students 

10 (including girls of color), the family members of 

11 students, and the local community of such 

12 school, develop discipline policies for such school 

13 to ensure that such policies are not exclusionary 

14 or discriminately applied toward students; 

15 (B) provide training and professional de16 velopment for teachers, principals, school lead17 ers, and other school personnel to avoid or ad18 dress the overuse and discriminatory dispropor19 tionate use of exclusionary discipline practices 

20 in schools and to create awareness of implicit 

21 and explicit bias and use culturally affirming 

22 practices, including training in— 

23 (i) identifying and providing support 

24 to students who may have experienced or 


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1 are at risk of experiencing trauma or have 

2 other mental health needs; 

3 (ii) administering and responding to 

4 assessments on adverse childhood experi5 ences; 

6 (iii) providing student-centered, trau7 ma-informed positive behavior management 

8 intervention and support that creates safe 

9 and supportive school climates; 

10 (iv) using restorative practices; 

11 (v) using culturally and linguistically 

12 responsive intervention strategies; 

13 (vi) developing social and emotional 

14 learning competencies; and 

15 (vii) increasing student engagement 

16 and improving dialogue between students 

17 and teachers; 

18 (C) implement evidence-based alternatives 

19 to suspension or expulsion, including— 

20 (i) multi-tier systems of support, such 

21 as schoolwide positive behavioral interven22 tions and supports; 

23 (ii) social, emotional, and academic 

24 learning strategies designed to engage stu25 dents and avoid escalating conflicts; and 


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1 (iii) other data-driven approaches to 

2 improving school environments; 

3 (D) improve behavioral and academic out4 comes for students by creating a safe and sup5 portive learning environment and school cli6 mate, which may include— 

7 (i) restorative practices with respect 

8 to improving relationships among students, 

9 school officials, and members of the local 

10 community, which may include partnering 

11 with local mental health agencies or non12 profit organizations; 

13 (ii) access to mentors and peer-based 

14 support programs; 

15 (iii) extracurricular programs, includ16 ing sports and art programs; 

17 (iv) social and emotional learning 

18 strategies designed to engage students and 

19 avoid escalating conflicts; 

20 (v) access to counseling, mental health 

21 programs, and trauma-informed care pro22 grams, including suicide prevention pro23 grams; and 

24 (vi) access to culturally responsive 

25 curricula that affirms the history and conVerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248

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1 tributions of traditionally marginalized 

2 people and communities; 

3 (E) hire social workers, school counselors, 

4 trauma-informed care personnel, and other 

5 mental health personnel; and 

6 (F) support the development, delivery, and 

7 analysis of school climate surveys. 

8 (2) PROHIBITED USES.—An eligible entity that 

9 receives a grant under this section may not use 

10 funds to— 

11 (A) hire or retain school-based law enforce12 ment personnel, including school resource offi13 cers; 

14 (B) purchase, maintain, or install surveil15 lance equipment, including metal detectors or 

16 software programs that monitor or mine the so17 cial media use or technology use of students; 

18 (C) arm teachers, principals, school lead19 ers, or other school personnel; and 

20 (D) enter into formal or informal partner21 ships or data and information sharing agree22 ments with— 

23 (i) the Secretary of Homeland Secu24 rity, including agreements with U.S. ImmiVerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248

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1 gration and Customs Enforcement or U.S. 

2 Customs and Border Protection; or 

3 (ii) local law enforcement agencies, in4 cluding partnerships that allow for hiring 

5 of school-based law enforcement. 

6 (e) TECHNICAL ASSISTANCE.—The Secretary, in car7 rying out subsection (a), may reserve not more than 2 per8 cent of funds to provide technical assistance to eligible en9 tities, which may include— 

10 (1) support for data collection, compliance, and 

11 analysis of the activities of the program authorized 

12 under subsection (a); and 

13 (2) informational meetings and seminars with 

14 respect to the application process under subsection 

15 (b). 

16 (f) REPORT BY GRANTEES.—Not later than one year 

17 after the date of enactment of this section, an eligible enti18 ty receiving a grant under this section shall submit to the 

19 Secretary a report on the activities funded through the 

20 grant. The Secretary shall make each such report publicly 

21 accessible in an appropriate digital format. Such report 

22 shall include, at a minimum, a description of— 

23 (1) the evaluation methods of disciplinary prac24 tices prior to the grant; 


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1 (2) training and professional development serv2 ices provided for school personnel to address dis3 criminatory discipline practices, implicit and explicit 

4 bias, and other uses described in subsection (d)(1); 

5 (3) aggregated and de-identified behavioral, so6 cial emotional, and academic outcomes experience by 

7 students; 

8 (4) any instance of physical restraint used on a 

9 student with an explanation of a circumstance de10 scribed in subsection (c)(6); 

11 (5) the number of students who were referred 

12 to some form of alternative practice described in 

13 subsection (d)(1)(C); 

14 (6) disaggregated data on students suspended, 

15 expelled, and referred to the juvenile or criminal 

16 legal system, cross tabulated by— 

17 (A) reason for disciplinary action; 

18 (B) grade level; 

19 (C) race; 

20 (D) ethnicity; 

21 (E) sex (including to the extent possible, 

22 sexual orientation and gender identity); 

23 (F) low-income status; 

24 (G) disability status; 

25 (H) English learner status; 


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1 (I) Tribal citizenship or descent, in the 

2 first or second degree, of an Indian Tribe; and 

3 (J) if applicable, pregnant and parenting 

4 student status; and 

5 (7) any other information required by the Sec6 retary. 

7 (g) ELIGIBLE ENTITIES.—In this section, the term 

8 ‘‘eligible entity’’ means— 

9 (1) one or more local educational agencies (who 

10 may be partnered with a State educational agency), 

11 including a public charter school that is a local edu12 cational agency under State law or local educational 

13 agency operated by the Bureau of Indian Education; 

14 or 

15 (2) a nonprofit organization (defined as an or16 ganization described in section 501(c)(3) of the In17 ternal Revenue Code, which is exempt from taxation 

18 under section 501(a) of such Code) with a track 

19 record of success in improving school climates and 

20 supporting students. 

21 SEC. 5. JOINT TASK FORCE TO END SCHOOL PUSHOUT OF 

22 GIRLS OF COLOR. 

23 (a) ESTABLISHMENT.—The Secretary and the Sec24 retary of Health and Human Services shall establish and 


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1 operate a joint task force to end school pushout (in this 

2 section referred to as the ‘‘Joint Task Force’’). 

3 (b) COMPOSITION.— 

4 (1) CHAIRS.—The Secretary and the Secretary 

5 of Health and Human Services shall chair the Joint 

6 Task Force. 

7 (2) MEMBERS.—The Joint Task Force shall be 

8 composed of— 

9 (A) Native American girls; 

10 (B) students, including Black and brown 

11 girls; 

12 (C) teachers; 

13 (D) parents with children in school; 

14 (E) school officials; 

15 (F) representatives from civil rights and 

16 disability organizations; 

17 (G) psychologists, social workers, trauma18 informed personnel, and other mental health 

19 professionals; and 

20 (H) researchers with experience in behav21 ioral intervention. 

22 (3) ADVISORY MEMBERS.—In addition to the 

23 members under paragraph (2), the Assistant Attor24 ney General of the Civil Rights Division of the De25 partment of Justice and the Director of the Bureau 


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1 of Indian Education shall be advisory members of 

2 the Joint Task Force. 

3 (4) MEMBER APPOINTMENT.—Not later than 

4 60 days after the date of the enactment of this Act, 

5 the Secretary and the Secretary of Health and 

6 Human Services shall appoint the members of the 

7 Joint Task Force— 

8 (A) in accordance with paragraph (2); 

9 (B) using a competitive application proc10 ess; and 

11 (C) with consideration to the racial, ethnic, 

12 gender, and geographic diversity of the Joint 

13 Task Force. 

14 (c) STUDY AND RECOMMENDATIONS.—The Joint 

15 Task Force shall— 

16 (1) conduct a study to— 

17 (A) identify best practices for reducing the 

18 overuse and discriminatory use of exclusionary 

19 discipline practices; and 

20 (B) determine to what extent exclusionary 

21 discipline practices contribute to the criminal22 ization of— 

23 (i) girls of color; 

24 (ii) English learners; 

25 (iii) Native American girls; 


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1 (iv) students who identify as lesbian, 

2 gay, bisexual, transgender, queer, or ques3 tioning; and 

4 (v) students with disabilities; and 

5 (2) develop recommendations based on the 

6 study conducted under paragraph (1). 

7 (d) REPORT.—Not later than 360 days after the date 

8 of the enactment of this Act, and biannually thereafter, 

9 the Secretary and the Secretary of Health and Human 

10 Services shall submit to Congress a report on the rec11 ommendations under subsection (c)(2). 

12 SEC. 6. AUTHORIZATION OF APPROPRIATION. 

13 (a) IN GENERAL.—There is authorized to be appro14 priated $500,000,000 for each of fiscal years 2022 

15 through 2026 to carry out sections 4 and 5. 

16 (b) ADDITIONAL FUNDING TO THE OFFICE FOR

17 CIVIL RIGHTS.—There is authorized to be appropriated 

18 $500,000,000 for fiscal year 2022 through 2026, and each 

19 fiscal year thereafter, to carry out section 3. 

20 SEC. 7. DEFINITIONS. 

21 In this Act: 

22 (1) ACT OF INSUBORDINATION.—The term ‘‘act 

23 of insubordination’’ means an act that disrupts a 

24 school activity or instance when a student willfully 

25 defies the valid authority of a school official. 


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1 (2) APPEARANCE OR GROOMING POLICY.—The 

2 term ‘‘appearance or grooming policy’’ means any 

3 practice, policy, or portion of a student conduct code 

4 that governs or restricts the appearance of students, 

5 including policies that— 

6 (A) restrict or prescribe clothing that a 

7 student may wear (such as hijabs, headwraps, 

8 or bandanas); 

9 (B) restrict specific hair styles (such as 

10 braids, locks, twists, bantu knots, cornrows, ex11 tensions, or afros); or 

12 (C) restrict whether or how a student may 

13 apply make-up, nail polish, or other cosmetics. 

14 (3) CHEMICAL RESTRAINT.—The term ‘‘chem15 ical restraint’’ means a drug or medication used on 

16 a student to control behavior or restrict freedom of 

17 movement that is not— 

18 (A) prescribed by a licensed physician, or 

19 other qualified health professional acting under 

20 the scope of the professional’s authority under 

21 State law, for the standard treatment of a stu22 dent’s medical or psychiatric condition; and 

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1 fessional acting under the scope of the author2 ity of a health professional under State law. 

3 (4) DIRECT SUPERVISION.—The term ‘‘direct 

4 supervision’’ means a student is physically in the 

5 same location as a school official and such student 

6 is under the care of the school official or school. 

7 (5) DISABILITY.—The term ‘‘disability’’ means 

8 a mental or physical disability that meets the condi9 tions set forth in clauses (i) and (ii) of section 

10 602(3)(A) of the Individuals with Disabilities Edu11 cation Act (20 U.S.C. 1401(3)(A)(i) and (ii)). 

12 (6) ELEMENTARY AND SECONDARY EDUCATION

13 ACT TERMS.—The terms ‘‘elementary school’’, 

14 ‘‘English learner’’, ‘‘local educational agency’’, ‘‘sec15 ondary school’’, and ‘‘State educational agency’’ has 

16 the meanings given such terms in section 8101 of 

17 the Elementary and Secondary Education Act of 

18 1965 (20 U.S.C. 7801). 

19 (7) GENDER IDENTITY.—The term ‘‘gender 

20 identity’’ means the gender-related identity, appear21 ance, mannerisms, or other gender-related character22 istics of an individual regardless of the designated 

23 sex at birth of the individual. 

24 (8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

25 has the meaning given the term in section 4(e) of 


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1 the Indian Self-Determination and Education Assist2 ance Act (25 U.S.C. 5304(e)). 

3 (9) IN-SCHOOL SUSPENSION.—The term ‘‘in4 school suspension’’ means an instance in which a 

5 student is temporarily removed from a regular class6 room for at least half a day but remains under the 

7 direct supervision of a school official. 

8 (10) MECHANICAL RESTRAINT.—The term 

9 ‘‘mechanical restraint’’ has the meaning given the 

10 term in section 595(d)(1) of the Public Health Serv11 ice Act (42 U.S.C. 290jj(d)(1)), except that the 

12 meaning shall be applied by substituting ‘‘student’’ 

13 for ‘‘resident’’. 

14 (11) MULTI-TIER SYSTEM OF SUPPORTS.—The 

15 term ‘‘multi-tier system of supports’’ means a com16 prehensive continuum of evidence-based, systemic 

17 practices to support a rapid response to the needs of 

18 students, with regular observation to facilitate data19 based instructional decision making. 

20 (12) OUT-OF-SCHOOL SUSPENSION.—The term 

21 ‘‘out-of-school suspension’’ means an instance in 

22 which a student is excluded from school for discipli23 nary reasons by temporarily being removed from 

24 regular classes to another setting, including a home 

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1 ciplinary removal is deemed as a suspension by 

2 school officials. 

3 (13) PHYSICAL ESCORT.—The term ‘‘physical 

4 escort’’ has the meaning given the term in section 

5 595(d)(2) of the Public Health Service Act (42 

6 U.S.C. 290jj(d)(2)), except that the meaning shall 

7 be applied by substituting ‘‘student’’ for ‘‘resident’’. 

8 (14) PHYSICAL RESTRAINT.—The term ‘‘phys9 ical restraint’’ means a personal restriction that im10 mobilizes or reduces the ability of an individual to 

11 move the individual’s arms, legs, torso, or head free12 ly, except that such term does not include a physical 

13 escort, mechanical restraint, or chemical restraint. 

14 (15) POSITIVE BEHAVIOR INTERVENTION AND

15 SUPPORT.—The term ‘‘positive behavior intervention 

16 and support’’ means using a systematic and evi17 dence-based approach to achieve improved academic 

18 and social outcomes for students. 

19 (16) PUSHOUT.—The term ‘‘pushout’’ means 

20 an instance when a student leaves elementary, mid21 dle or secondary school, including a forced transfer 

22 to another school, prior to graduating secondary 

23 school due to overuse of exclusionary discipline prac24 tices, failure to address trauma or other mental 

25 health needs, discrimination, or other educational 


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1 barriers that do not support or promote the success 

2 of a student. 

3 (17) SCHOOL-BASED LAW ENFORCEMENT OFFI4 CER.—The term ‘‘school-based law enforcement offi5 cer’’ means an individual who— 

6 (A) is— 

7 (i) assigned by a law enforcement 

8 agency to a secondary or elementary school 

9 or local educational agency; 

10 (ii) contracting with a secondary or el11 ementary school or local educational agen12 cy; or 

13 (iii) employed by a secondary or ele14 mentary school or local educational agency; 

15 (B) has the power to detain, arrest, issue 

16 a citation, perform a custodial investigation, or 

17 refer a person to a criminal or juvenile court; 

18 (C) meets the definition of a law enforce19 ment personnel under State law; or 

20 (D) may be referred to as a ‘‘school re21 source officer’’, a ‘‘sworn law enforcement offi22 cer’’, or a ‘‘school police officer’’. 

23 (18) SCHOOL OFFICIAL.—The term ‘‘school of24 ficial’’ means a teacher, school principal, adminis25 trator, or other personnel, not considered schoolVerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248

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1 based law enforcement, engaged in the performance 

2 of duties with respect to a school. 

3 (19) SECLUSION.—The term ‘‘seclusion’’ means 

4 the involuntary confinement of a student alone in a 

5 room or area where the student is physically pre6 vented from leaving, and does not include a time 

7 out. 

8 (20) SECRETARY.—The term ‘‘Secretary’’ 

9 means the Secretary of Education. 

10 (21) SERIOUS BODILY INJURY.—The term ‘‘se11 rious bodily injury’’ has the meaning given that term 

12 in section 1365(h)(3) of title 18, United States 

13 Code. 

14 (22) SEXUAL ORIENTATION.—The term ‘‘sexual 

15 orientation’’ means homosexuality, heterosexuality, 

16 or bisexuality. 

17 (23) SPECIAL EDUCATION SCHOOL.—The term 

18 ‘‘special education school’’ means a school that fo19 cuses primarily on serving the needs of students who 

20 qualify as ‘‘a child with a disability’’ as that term 

21 is defined under section 602(3)(A)(i) of the Individ22 uals with Disabilities Education Act (20 U.S.C. 

23 1401(3)(A)(i)) or are subject to section 504 of the 

24 Rehabilitation Act of 1973 (29 U.S.C. 794). 


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26 

•HR 2248 IH

1 (24) TIME OUT.—The term ‘‘time out’’ has the 

2 meaning given the term in section 595(d)(5) of the 

3 Public Health Service Act (42 U.S.C. 290jj(d)(5)), 

4 except that the meaning shall be applied by sub5 stituting ‘‘student’’ for ‘‘resident’’. 

6 (25) ZERO-TOLERANCE POLICY.—The term 

7 ‘‘zero-tolerance policy’’ is a school discipline policy 

8 that results in an automatic disciplinary con9 sequence, including out-of-school suspension, expul10 sion, and involuntary school transfer. 

Æ 


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