I 

116TH CONGRESS 

2D SESSION H. R. 8187 

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 HOUSE OF REPRESENTATIVES 

SEPTEMBER 8, 2020 

Mr. DESAULNIER introduced the following bill; which was referred to the 

Committee on Education and Labor 

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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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, including Fed11 eral, in which a student (including a child, youth, or 

12 an adult) eligible for education and related services 

13 under the Acts listed in subsection (b) receives such 

14 services. 

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

16 the Secretary of Education. 

17 (4) PROTECTION AND ADVOCACY SYSTEM.—The 

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

19 protection and advocacy system established under 

20 section 143 of the Developmental Disabilities Assist21 ance and Bill of Rights Act of 2000 (42 U.S.C. 

22 15043 et seq.). 

23 (b) ESTABLISHMENT.—The Secretary shall make 

24 grants to a protection and advocacy system for the pur25 pose of protecting and advocating for the educational 

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


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1 eligible for services under the Individuals with Disabilities 

2 Education Act (20 U.S.C. 1400 et seq.), section 504 of 

3 the Rehabilitation Act of 1973 (29 U.S.C. 794 et seq.), 

4 or the Americans with Disabilities Act of 1990 (42 U.S.C. 

5 12101 et seq.). 

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

7 system may use a grant under this section to— 

8 (1) monitor compliance with, and identify con9 ditions and practices that violate the Acts described 

10 in subsection (b); 

11 (2) advocate for— 

12 (A) safe and humane conditions and the 

13 elimination of aversive and dangerous practices 

14 at educational settings, including seclusion and 

15 restraint; 

16 (B) redress of violations of the law and, 

17 provide representation in dispute resolution; 

18 and 

19 (C) systemic change in educational setting 

20 to address violations; and 

21 (3) pursue administrative, legal, and other ap22 propriate remedies to ensure that children, youth, 

23 and adults with disabilities are receiving the edu24 cational services and rights to which they are enti25 tled under the Individuals with Disabilities EduVerDate Sep 11 2014 03:29 Sep 10, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8187.IH H8187

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1 cation Act (20 U.S.C. 1400 et seq.), section 504 of 

2 the Rehabilitation Act of 1973 (29 U.S.C. 794 et 

3 seq.), and the Americans with Disabilities Act of 

4 1990 (42 U.S.C. 12101 et seq.). 

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

6 grant under this section, a protection and advocacy system 

7 shall— 

8 (1) have the authority to investigate incidents 

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

10 with disabilities in educational settings if the inci11 dents are reported to the protection and advocacy 

12 system or if there is probable cause to believe that 

13 the incidents occurred; 

14 (2) have the authority to pursue legal, adminis15 trative, and other appropriate remedies or ap16 proaches to ensure the protection of, and advocacy 

17 for, the rights of children, youth, and adults who are 

18 eligible or who may be eligible for assistance under 

19 the Individuals with Disabilities Education Act (20 

20 U.S.C. 1400 et seq.), the Americans with Disabil21 ities Act of 1990 (42 U.S.C. 12101 et seq.), or sec22 tion 504 of the Rehabilitation Act of 1973 (29 

23 U.S.C. 794); and 

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

25 Developmental Disabilities Assistance and Bill of 


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1 Rights Act of 2000 (42 U.S.C. 15001 et seq.) and 

2 any regulations issued under such Act, including the 

3 authority to access individuals, records, and edu4 cational settings. 

5 (e) APPLICATION.—A protection and advocacy sys6 tem shall submit an application to address the needs of 

7 children, youth, and adults with disabilities in educational 

8 settings described in subsection (b) to the Secretary at 

9 such time, in such form and manner, and accompanied 

10 by such information as the Secretary may require. 

11 (f) APPROPRIATIONS LESS THAN $6,600,000.— 

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

13 year in which the amount appropriated pursuant to 

14 subsection (k) to carry out this section is less than 

15 $6,600,000, the Secretary shall make grants from 

16 such amount among protection and advocacy sys17 tems that apply for a grant under this section. 

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

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

20 (A) $120,000 for a protection and advo21 cacy system located in 1 of the several States, 

22 the District of Columbia, or the Commonwealth 

23 of Puerto Rico; and 

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

25 system located in American Samoa, the ComVerDate Sep 11 2014 22:19 Sep 09, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8187.IH H8187

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1 monwealth of the Northern Mariana Islands, 

2 Guam, the United States Virgin Islands, or the 

3 American Indian Consortium. 

4 (g) APPROPRIATIONS OF $6,600,000 OR MORE.— 

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

6 year in which the amount appropriated pursuant to 

7 subsection (k) to carry out this section is not less 

8 than $6,600,000, the Secretary shall make grants 

9 from such amount not later than October 1 of the 

10 fiscal year to protection and advocacy systems that 

11 apply for a grant under this section. 

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

13 (3), the amount of a grant to a protection and advo14 cacy system under paragraph (1) shall be equal to 

15 an amount bearing the same ratio to the total 

16 amount appropriated for the fiscal year involved 

17 pursuant to subsection (k) as the population of the 

18 State in which the grantee is located bears to the 

19 population of all States. 

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

21 paragraph (1) shall not be less than— 

22 (A) $120,000 for a protection and advo23 cacy system located in one of the several States, 

24 the District of Columbia, or the Commonwealth 

25 of Puerto Rico; and 


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

2 system located in American Samoa, the Com3 monwealth of the Northern Mariana Islands, 

4 Guam, the United States Virgin Islands, or the 

5 American Indian Consortium. 

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

7 which the total amount appropriated under sub8 section (k) to carry out this section is $10,000,000 

9 or more, and such appropriated amount exceeds the 

10 total amount appropriated to carry out this section 

11 in the preceding fiscal year, the Secretary shall in12 crease each of the minimum grant amounts de13 scribed in subparagraphs (A) and (B) of paragraph 

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

15 in the total amount appropriated under subsection 

16 (k) to carry out this section between the preceding 

17 fiscal year and the fiscal year involved. 

18 (h) DIRECT PAYMENT.—Notwithstanding any other 

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

20 protection and advocacy system that complies with this 

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

22 unless the system provides otherwise for such payment. 

23 (i) ANNUAL REPORT.—Each protection and advocacy 

24 system that receives a grant under this section shall sub25 mit an annual report to the Secretary concerning the servVerDate Sep 11 2014 22:19 Sep 09, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8187.IH H8187

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1 ices provided to protect and advocate for the educational 

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

3 eligible for services under the Individuals with Disabilities 

4 Education Act (20 U.S.C. 1400 et seq.) or section 504 

5 of the Rehabilitation Act of 1973 (29 U.S.C. 794), or the 

6 Americans with Disabilities Act of 1990 (42 U.S.C. 12101 

7 et seq.). 

8 (j) ADMINISTRATIVE, REPORTING, AND OVERSIGHT

9 REQUIREMENTS.—To the extent possible, reporting, moni10 toring, program financing, and other administrative and 

11 oversight requirements established by the Secretary under 

12 this section shall be consistent with the administrative, re13 porting, and oversight requirements for a protection and 

14 advocacy system under the Developmental Disabilities As15 sistance and Bill of Rights Act of 2000 (42 U.S.C. 150001 

16 et seq.). 

17 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated such sums as may be 

19 necessary to carry out the provisions in this section for 

20 each of fiscal years 2021 through 2030. 

21 (l) TECHNICAL ASSISTANCE.— 

22 (1) APPROPRIATIONS OF LESS THAN

23 $6,750,000.—For any fiscal year in which the amount 

24 appropriated to carry out this section is less than 

25 $6,750,000, the Secretary shall set aside 1 percent 


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1 of the funds appropriated (but not less than 

2 $50,000) to make a grant to a national organization 

3 with experience in providing training and technical 

4 assistance to protection and advocacy systems to 

5 provide such training and technical assistance. 

6 (2) APPROPRIATIONS OF NOT LESS THAN

7 $6,750,000.—For any fiscal year in which the amount 

8 appropriated to carry out this section is not less 

9 than $6,750,000, the Secretary shall set aside 2 per10 cent of the funds appropriated to make a grant to 

11 a national organization with experience in providing 

12 training and technical assistance to protection and 

13 advocacy systems to provide such training and tech14 nical assistance. 

15 (m) SUPPLEMENT, NOT SUPPLANT.—A protection 

16 and advocacy system shall use funds under this section 

17 only to supplement the funds that would, in the absence 

18 of such funds, be made available from non-Federal funds 

19 for the uses described in subsection (c), and not to sup20 plant such funds. 

21 (n) CARRYOVER AND PROGRAM INCOME.—Any 

22 amount paid to a protection and advocacy system for a 

23 fiscal year under this section that remains unobligated at 

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

25 system for obligation during the subsequent fiscal year. 


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1 Program income generated from such amount shall re2 main available for 2 additional fiscal years after the year 

3 in which such amount was paid to the protection and advo4 cacy system. 

Æ 


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