II 

117TH CONGRESS 

1ST SESSION S. 2029 

To prohibit the use of corporal punishment in schools, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 10, 2021 

Mr. MURPHY (for himself, Mr. VAN HOLLEN, and Mr. BROWN) introduced the 

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

Health, Education, Labor, and Pensions 

A BILL 

To prohibit the use of corporal punishment 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Protecting our Students in Schools Act of 2021’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act are as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 

Sec. 3. Definitions. 

TITLE I—PROHIBITION OF CORPORAL PUNISHMENT 

Sec. 101. Prohibition of corporal punishment. 


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Sec. 102. Civil actions by the Attorney General. 

Sec. 103. Enforcement by the Office for Civil Rights. 

Sec. 104. Parent notification and protection and advocacy systems. 

TITLE II—STATE ACTIVITIES AND GRANT PROGRAM 

Sec. 201. State plan and enforcement. 

Sec. 202. Grant authority. 

TITLE III—ADDITIONAL PROVISIONS 

Sec. 301. Federal regulations. 

Sec. 302. Other schools. 

Sec. 303. Limitation of authority. 

Sec. 304. Applicability to private schools and home schools. 

Sec. 305. Severability. 

Sec. 306. Authorization of appropriations. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are to— 

3 (1) eliminate the use of corporal punishment in 

4 schools; 

5 (2) ensure, regardless of sexual orientation, 

6 gender identity or expression, sex, race, color, na7 tional origin, disability, or religion, the health and 

8 safety of all students and program personnel in 

9 schools and promote a positive school climate and 

10 culture; 

11 (3) assist States, local educational agencies, 

12 and schools in improving school climate and culture 

13 by implementing positive behavioral interventions 

14 and supports, and other models (including models 

15 such as restorative justice interventions, trauma-in16 formed care, multi-tiered system of supports, crisis 

17 and de-escalation interventions, implicit bias train18 ing, and culturally responsive teaching), to address 


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1 student behavior and work to eliminate the use of 

2 exclusionary and aversive discipline practices or 

3 interventions; 

4 (4) ensure all program personnel have the sup5 ports and training necessary to implement positive 

6 behavioral interventions and supports and other 

7 models to address student behavior and improve 

8 school climate and culture; and 

9 (5) collect and analyze data on exclusionary and 

10 aversive discipline practices or interventions in 

11 schools. 

12 SEC. 3. DEFINITIONS. 

13 In this Act: 

14 (1) CORPORAL PUNISHMENT.—The term ‘‘cor15 poral punishment’’ means, with respect to a student, 

16 a deliberate act which causes the student to feel 

17 physical pain for the purpose of discipline, including 

18 an act of physical force, such as striking, spanking, 

19 or paddling, inflicted on a student’s body, requiring 

20 a student to assume a painful physical position, or 

21 the use of chemical sprays, electroshock weapons, or 

22 stun guns on a student’s body. 

23 (2) ESEA TERMS.—The terms ‘‘elementary 

24 school’’, ‘‘evidence-based’’, ‘‘local educational agen25 cy’’, ‘‘outlying area’’, ‘‘parent’’, ‘‘secondary school’’, 


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1 ‘‘Secretary’’, ‘‘State’’, and ‘‘State educational agen2 cy’’ have the meanings given the terms in section 

3 8101 of the Elementary and Secondary Education 

4 Act of 1965 (20 U.S.C. 7801). 

5 (3) EXCLUSIONARY DISCIPLINE.—The term 

6 ‘‘exclusionary discipline’’ means any type of discipli7 nary action that removes or excludes a student from 

8 the student’s usual educational setting, or from ac9 cess to education services, including such discipli10 nary actions as in-school suspensions, out-of-school 

11 suspensions, expulsions, or any other removal, how12 ever labeled, that results in lost instructional time 

13 for the student. 

14 (4) MODEL.—The term ‘‘model’’ means an ac15 tivity, strategy, framework, or intervention that is 

16 evidence-based, to the extent practicable. 

17 (5) POSITIVE BEHAVIORAL INTERVENTIONS

18 AND SUPPORTS.—The term ‘‘positive behavioral 

19 interventions and supports’’— 

20 (A) means a schoolwide, systematic ap21 proach that embeds evidence-based practices 

22 and data-driven decision making to improve 

23 school climate and culture in order to achieve 

24 improved academic and social outcomes and in25 crease learning for all students (including stuVerDate Sep 11 2014 07:03 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2029.IS S2029

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1 dents with the most complex and intensive be2 havioral needs); and 

3 (B) encompasses a range of systemic and 

4 individualized positive strategies to teach and 

5 reinforce school-expected behaviors, while dis6 couraging and diminishing undesirable behav7 iors. 

8 (6) PROGRAM.—The term ‘‘program’’ means— 

9 (A) all of the operations of a local edu10 cational agency, system of vocational education, 

11 or other school system; 

12 (B) a program that serves children who re13 ceive services for which financial assistance is 

14 provided in accordance with the Head Start Act 

15 (42 U.S.C. 9831 et seq.); or 

16 (C) an elementary school or secondary 

17 school that is not a public school that enrolls a 

18 student who receives special education and re19 lated services under the Individuals with Dis20 abilities Education Act (20 U.S.C. 1400 et 

21 seq.). 

22 (7) PROGRAM PERSONNEL.— 

23 (A) IN GENERAL.—Subject to subpara24 graph (B), the term ‘‘program personnel’’ 

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1 dividual who is employed by a program, or who 

2 performs services for a program on a contrac3 tual basis, including— 

4 (i) school leaders; 

5 (ii) teachers; 

6 (iii) specialized instructional support 

7 personnel; 

8 (iv) paraprofessionals; or 

9 (v) other staff. 

10 (B) EXCLUSION.—Notwithstanding sub11 paragraph (A), program personnel shall not in12 clude a law enforcement officer or a school se13 curity guard. 

14 (8) PROTECTION AND ADVOCACY SYSTEM.—The 

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

16 protection and advocacy system established under 

17 section 143 of the Developmental Disabilities Assist18 ance and Bill of Rights Act of 2000 (42 U.S.C. 

19 15043). 

20 (9) LAW ENFORCEMENT OFFICER.—The term 

21 ‘‘law enforcement officer’’— 

22 (A) means any person who— 

23 (i) is a State, Tribal, or local law en24 forcement officer (as defined in section 

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1 trol and Safe Streets Act of 1968 (34 

2 U.S.C. 10284)); and 

3 (ii) is assigned by the employing law 

4 enforcement agency to a program, who is 

5 contracting with a program, or who is em6 ployed by a program; and 

7 (B) includes an individual referred to as a 

8 ‘‘school resource officer’’ if that individual 

9 meets the definition in subparagraph (A). 

10 (10) SCHOOL SECURITY GUARD.—The term 

11 ‘‘school security guard’’ means an individual who is 

12 not a sworn law enforcement officer and who is re13 sponsible for addressing one or more of the following 

14 safety and crime prevention activities in and around 

15 a program: 

16 (A) Assisting program personnel in safety 

17 incidents. 

18 (B) Educating students in crime and ille19 gal drug use prevention and safety. 

20 (C) Developing or expanding community 

21 justice initiatives for students. 

22 (D) Training students in conflict resolution 

23 and supporting restorative justice programs. 


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1 (E) Serving as a liaison between the pro2 gram and outside agencies, including other law 

3 enforcement agencies. 

4 (F) Screening students or visitors to the 

5 program for prohibited items. 

6 (11) STUDENT.—The term ‘‘student’’ means an 

7 individual enrolled in a program. 

8 TITLE I—PROHIBITION OF 

9 CORPORAL PUNISHMENT 

10 SEC. 101. PROHIBITION OF CORPORAL PUNISHMENT. 

11 (a) PROHIBITION.—No student shall be subjected to 

12 corporal punishment by program personnel, a law enforce13 ment officer, or a school security guard under any pro14 gram which receives Federal financial assistance. 

15 (b) PRIVATE RIGHT OF ACTION.—A student who has 

16 been subjected to corporal punishment by program per17 sonnel, a law enforcement officer, or a school security 

18 guard in violation of subsection (a), or the parent of such 

19 student, may file a civil action in any Federal or State 

20 court of competent jurisdiction against the program under 

21 which the violation is alleged to have occurred for attor22 neys’ fees, expert fees, injunctive relief, and compensatory 

23 damages. 


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1 SEC. 102. CIVIL ACTIONS BY THE ATTORNEY GENERAL. 

2 Whenever the Attorney General receives a complaint 

3 in writing signed by a parent (including a legal guardian) 

4 or a group of parents (including legal guardians) to the 

5 effect that the minor children of such a parent or parents 

6 are being deprived by a program of the right under this 

7 Act to not be subject to corporal punishment by program 

8 personnel, law enforcement officers, or school security 

9 guards and the Attorney General believes the complaint 

10 is meritorious, the Attorney General is authorized, after 

11 giving notice of such complaint to the appropriate pro12 gram and after certifying that the Attorney General is sat13 isfied that such program has had a reasonable time to ad14 just the conditions alleged in such complaint, to institute 

15 for or in the name of the United States a civil action in 

16 any appropriate district court of the United States against 

17 such parties and for such relief as may be appropriate, 

18 and such court shall have and shall exercise jurisdiction 

19 of proceedings instituted pursuant to this section. The At20 torney General may implead as defendants such additional 

21 parties as are or become necessary to the grant of effective 

22 relief hereunder. 

23 SEC. 103. ENFORCEMENT BY THE OFFICE FOR CIVIL 

24 RIGHTS. 

25 (a) REFERRAL TO OFFICE FOR CIVIL RIGHTS.—The 

26 Secretary shall refer any complaint alleging a violation of 


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1 section 101(a) to the Office for Civil Rights of the Depart2 ment of Education for an investigation. 

3 (b) PROCESS FOR REFERRAL.—Not later than 90 

4 days after the date of the enactment of this Act, the Sec5 retary shall develop and implement a procedure for receiv6 ing a complaint alleging a violation of section 101(a). 

7 (c) FAILURE TO COMPLY.—In the event that a pro8 gram has failed to comply with section 101(a), the Sec9 retary shall carry out at least one of the following: 

10 (1) Withhold from such program, in whole or in 

11 part, further payments (including payments for ad12 ministrative costs) under an applicable program (as 

13 such term is defined in section 400(c) of the General 

14 Education Provisions Act (20 U.S.C. 1221(c))) in 

15 accordance with section 455 of such Act (20 U.S.C. 

16 1234d). 

17 (2) Enter into a compliance agreement in ac18 cordance with section 457 of the General Education 

19 Provisions Act (20 U.S.C. 1234f). 

20 (3) Issue a complaint to compel compliance of 

21 such program through a cease and desist order, in 

22 the same manner the Secretary is authorized to take 

23 such action under section 456 of the General Edu24 cation Provisions Act (20 U.S.C. 1234c). 


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1 (d) CESSATION OF WITHHOLDING OF FUNDS.—If 

2 the Secretary determines (whether by certification or other 

3 appropriate evidence) that a program that is subject to 

4 the withholding of payments under subsection (c)(1) of 

5 this section has cured the failure providing the basis for 

6 the withholding of payments on a date that is within one 

7 year from the date on which such payments were first 

8 withheld, the Secretary shall— 

9 (1) cease the withholding of payments with re10 spect to that program under such subsection; and 

11 (2) reimburse all the withheld payments under 

12 such subsection to such program. 

13 (e) WITHHELD FUNDS.—The funds appropriated or 

14 made available for the payments that were withheld under 

15 subsection (c)(1) shall be available for expenditure to that 

16 program pursuant to this subsection for up to one year 

17 from the date upon which the determination in subsection 

18 (d) was made. 

19 (f) RULE OF CONSTRUCTION.—Nothing in this sec20 tion shall be construed to limit the Secretary’s authority 

21 under the General Education Provisions Act (20 U.S.C. 

22 1221 et seq.). 


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1 SEC. 104. PARENT NOTIFICATION AND PROTECTION AND 

2 ADVOCACY SYSTEMS. 

3 (a) NOTIFICATION.—If a student is subject to cor4 poral punishment committed by program personnel, a law 

5 enforcement officer, or a school security guard at a pro6 gram, the program serving such student shall notify, in 

7 writing, not later than 24 hours after such use of force 

8 occurs, the facts of such use of force to— 

9 (1) the parent or parents of such student; 

10 (2) the State educational agency; and 

11 (3) the local law enforcement agency. 

12 (b) NOTIFICATION FOR STUDENTS WITH DISABIL13 ITIES.—In the case of a student described in subsection 

14 (a) who is an individual with a disability (as defined in 

15 section 3 of the Americans with Disabilities Act of 1990 

16 (42 U.S.C. 12102)) the program serving such student 

17 shall— 

18 (1) in addition to the notification described in 

19 such subsection, notify, in writing, not later than 24 

20 hours after the use of force described in such sub21 section occurs, the facts of such use of force to the 

22 relevant protection and advocacy system; and 

23 (2) provide any information to the relevant pro24 tection and advocacy system that the protection and 

25 advocacy system may require. 


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1 (c) RESTATEMENT OF AUTHORITY.—Protection and 

2 advocacy systems shall have the same authorities and 

3 rights provided under subtitle C of title I of the Develop4 mental Disabilities Assistance and Bill of Rights Act of 

5 2000 (42 U.S.C. 15041 et seq.) with respect to protections 

6 provided for students under this Act when such students 

7 are otherwise eligible to be clients of the protection and 

8 advocacy system, including investigating, monitoring, and 

9 enforcing such protections. 

10 TITLE II—STATE ACTIVITIES 

11 AND GRANT PROGRAM 

12 SEC. 201. STATE PLAN AND ENFORCEMENT. 

13 (a) STATE REQUIREMENTS.—In accordance with the 

14 schedule specified in subsection (c), each State educational 

15 agency that receives Federal financial assistance shall pro16 vide to the Secretary— 

17 (1) in the case of a State that did not prohibit 

18 corporal punishment in schools before the date of 

19 enactment of this Act, a written assurance that— 

20 (A) all programs located in such State 

21 have been notified of the requirements of this 

22 Act; 

23 (B) all program personnel of such State 

24 educational agency have received training with 

25 respect to such requirements; 


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1 (C) parents of students served by such 

2 State educational agency have been notified of 

3 the requirements, rights, and remedies available 

4 under this Act; and 

5 (D) the notification required under sub6 paragraph (C) is publicly available on the 

7 website of the State educational agency; 

8 (2) in the case of a State that prohibited cor9 poral punishment in schools before the date of enact10 ment of this Act, a written assurance that all pro11 grams located in such State have been notified of 

12 the requirements of this Act; and 

13 (3) a school climate report that includes a de14 scription of— 

15 (A) the policies and procedures of the 

16 State educational agency with respect to exclu17 sionary and aversive discipline practices or 

18 interventions in such schools; 

19 (B) how the State educational agency 

20 plans to implement, is implementing, or has im21 plemented positive behavioral interventions and 

22 supports and other models to address student 

23 behavior and reduce the use of exclusionary and 

24 aversive discipline practices or interventions in 

25 the public elementary and secondary schools of 


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1 such State as required under section 

2 1111(g)(1)(C) of the Elementary and Sec3 ondary Education Act of 1965 (20 U.S.C. 

4 6311(g)(1)(C)); and 

5 (C) efforts of the State educational agency 

6 to ensure program personnel receive the sup7 ports and training necessary to implement the 

8 interventions, supports, and other models de9 scribed in subparagraph (B). 

10 (b) LOCAL EDUCATIONAL AGENCY REQUIRE11 MENTS.—In accordance with the schedule specified in sub12 section (c), each local educational agency shall submit to 

13 the State educational agency a report that includes the 

14 information the State educational agency determines nec15 essary to comply with the requirements of subsection (a). 

16 (c) SUBMISSION SCHEDULE.—States and local edu17 cational agencies shall make the submissions required 

18 under subsections (a) and (b) as follows: 

19 (1) The initial submissions shall be made not 

20 later than one year after the date of enactment of 

21 this Act and on an annual basis during each of the 

22 3 years following the year of the first submission. 

23 (2) After the expiration of the 3-year period de24 scribed in paragraph (1), subsequent submissions 


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1 shall be made not less frequently than once every 

2 two years. 

3 (d) REPORT.—For each year in which the Secretary 

4 receives submissions from States in accordance with the 

5 schedule specified in subsection (c), the Secretary shall— 

6 (1) submit to the Committee on Education and 

7 Labor of the House of Representatives and the Com8 mittee on Health, Education, Labor, and Pensions 

9 of the Senate a report summarizing the findings of 

10 the school climate reports received from States for 

11 such year; and 

12 (2) make the school climate reports publicly 

13 available. 

14 (e) ENFORCEMENT.— 

15 (1) IN GENERAL.— 

16 (A) USE OF REMEDIES.—If a State edu17 cational agency fails to comply with subsection 

18 (a), the Secretary shall carry out at least one 

19 of the following: 

20 (i) Withhold, in whole or in part, fur21 ther payments under an applicable pro22 gram (as such term is defined in section 

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1 ance with section 455 of such Act (20 

2 U.S.C. 1234d). 

3 (ii) Enter into a compliance agree4 ment in accordance with section 457 of the 

5 General Education Provisions Act (20 

6 U.S.C. 1234f). 

7 (iii) Issue a complaint to compel com8 pliance of the State educational agency 

9 through a cease and desist order, in the 

10 same manner the Secretary is authorized 

11 to take such action under section 456 of 

12 the General Education Provisions Act (20 

13 U.S.C. 1234e). 

14 (B) CESSATION OF WITHHOLDING OF

15 FUNDS.—If the Secretary determines (whether 

16 by certification or other appropriate evidence) 

17 that a State educational agency that is subject 

18 to the withholding of payments under subpara19 graph (A)(i) has cured the failure providing the 

20 basis for the withholding of payments within 

21 one year from the date on which such payments 

22 were first withheld, the Secretary shall— 

23 (i) cease the withholding of payments 

24 with respect to the State educational agen25 cy under such subparagraph; and 


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1 (ii) reimburse all the withheld pay2 ments under such subparagraph to such 

3 State educational agency. 

4 (2) WITHHELD FUNDS.—The funds appro5 priated or made available for the payments that 

6 were withheld under paragraph (1)(A)(i) shall be 

7 available for expenditure to that program pursuant 

8 to this paragraph for up to one year from the date 

9 upon which the determination in paragraph (1)(B) 

10 was made. 

11 (3) RULE OF CONSTRUCTION.—Nothing in this 

12 subsection shall be construed to limit the Secretary’s 

13 authority under the General Education Provisions 

14 Act (20 U.S.C. 1221 et seq.). 

15 SEC. 202. GRANT AUTHORITY. 

16 (a) IN GENERAL.—From the amount appropriated 

17 under section 306, the Secretary may award grants to 

18 State educational agencies to improve school climate and 

19 culture by implementing positive behavioral interventions 

20 and supports and other models to address student behav21 ior and reduce the use of exclusionary and aversive dis22 cipline practices or interventions in public elementary 

23 schools and secondary schools. 

24 (b) DURATION OF GRANT.— 


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1 (1) IN GENERAL.—A grant under this section 

2 shall be awarded to a State educational agency for 

3 a three-year period. 

4 (2) REAPPLICATION.—At the end of a grant pe5 riod described in paragraph (1), a State educational 

6 agency desiring a subsequent grant under this sec7 tion may be eligible for such grant if such State edu8 cational agency— 

9 (A) submits an application under sub10 section (c); and 

11 (B) demonstrates— 

12 (i) that such State educational agency 

13 effectively used grant funds to carry out 

14 the required activities under subsection (e) 

15 during the previous grant period; and 

16 (ii) with respect to such State edu17 cational agency, a decrease in at least one 

18 of the following: 

19 (I) Exclusionary and aversive dis20 cipline practices or interventions, in21 cluding in-school suspensions, out-of22 school suspensions, and expulsions. 

23 (II) School-related arrests. 

24 (III) Referrals of students to law 

25 enforcement. 


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1 (3) DATA.—A State educational agency shall, 

2 with respect to the data used under paragraph 

3 (2)(B)(ii)— 

4 (A) cross-tabulate such data and disaggre5 gate by race, gender, disability, and English 

6 learner status; and 

7 (B) redact all personally identifiable infor8 mation from such data. 

9 (c) APPLICATION.— 

10 (1) IN GENERAL.—Each State educational 

11 agency desiring a grant under this section shall sub12 mit an application to the Secretary at such time, in 

13 such manner, and accompanied by such information 

14 as the Secretary may require, including— 

15 (A) information on how the State edu16 cational agency will carry out the required ac17 tivities specified in subsection (e); 

18 (B) a description of how the State edu19 cational agency will improve school climate and 

20 culture by reducing the use of exclusionary and 

21 aversive discipline practices or interventions; 

22 (C) a description of how the State edu23 cational agency will implement positive behav24 ioral interventions and supports, and other 

25 models (including models such as restorative 


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1 justice interventions, trauma-informed care, 

2 multi-tiered systems of support, crisis and de3 escalation interventions, implicit bias training, 

4 and culturally responsive teaching), to address 

5 student behavior and work to eliminate the use 

6 of exclusionary and aversive discipline practices 

7 or interventions; and 

8 (D) a description of how the State edu9 cational agency will develop and implement 

10 high-quality training for program personnel de11 signed to improve school climate and culture 

12 and increase the use of positive behavioral 

13 interventions and supports and other models to 

14 address student behavior and reduce the use of 

15 exclusionary and aversive discipline practices or 

16 interventions. 

17 (2) PRIORITY.—In awarding grants under this 

18 section, the Secretary shall give priority to State 

19 educational agencies— 

20 (A) with a high percentage of in-school 

21 suspensions, out-of-school suspensions, expul22 sions, school-related arrests, and referrals of 

23 students to law enforcement; 


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1 (B) that lack positive behavioral interven2 tions and supports and other models to improve 

3 school climate and culture; or 

4 (C) that are in most need of assistance re5 lating to improving school climate and culture 

6 by reducing the use of exclusionary and aversive 

7 discipline practices or interventions, as deter8 mined by the Secretary. 

9 (d) AUTHORITY TO MAKE SUBGRANTS.— 

10 (1) IN GENERAL.—A State educational agency 

11 receiving a grant under this section may use such 

12 grant funds to award subgrants, on a competitive 

13 basis in accordance with subsection (e)(2), to local 

14 educational agencies. 

15 (2) APPLICATION.—A local educational agency 

16 desiring to receive a subgrant under this section 

17 shall submit an application to the applicable State 

18 educational agency at such time, in such manner, 

19 and containing such information as the State edu20 cational agency may require, including the informa21 tion described in subparagraphs (A) through (D) of 

22 subsection (c)(1) with respect to the local edu23 cational agency. 

24 (e) REQUIRED ACTIVITIES.— 


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1 (1) IN GENERAL.—A State educational agency 

2 receiving a grant, or a local educational agency re3 ceiving a subgrant, under this section shall use such 

4 grant or subgrant funds to carry out the following: 

5 (A) Developing and implementing high6 quality training for program personnel designed 

7 to— 

8 (i) improve school climate and culture; 

9 (ii) increase use of positive behavioral 

10 interventions and supports and other mod11 els to address student behavior; and 

12 (iii) reduce the use of exclusionary 

13 and aversive discipline practices or inter14 ventions and the discriminatory and dis15 proportionate impact such practices have 

16 on students based on their race, ethnicity, 

17 gender, or disability. 

18 (B) Providing technical assistance to im19 prove school climate and culture by imple20 menting positive behavioral interventions and 

21 supports, and other models (including models 

22 such as restorative justice interventions, trau23 ma-informed care, multi-tiered systems of sup24 port, crisis and de-escalation interventions, im25 plicit bias training, and culturally responsive 


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1 teaching), to address student behavior and work 

2 to eliminate the use of exclusionary and aver3 sive discipline practices or interventions. 

4 (C) Researching, developing, implementing, 

5 and evaluating models, policies, and procedures 

6 to reduce the use of exclusionary and aversive 

7 discipline practices or interventions in public el8 ementary schools and secondary schools. 

9 (2) PRIORITY.—A State educational agency or 

10 local educational agency shall prioritize carrying out 

11 the activities specified in subparagraphs (A) through 

12 (C) of paragraph (1) in public elementary schools 

13 and secondary schools— 

14 (A) in which a disproportionately high per15 centage of students who have been subjected to 

16 disciplinary proceedings or have otherwise expe17 rienced the application of such a school’s dis18 cipline policies, practices, and procedures, rel19 ative to such school’s total student population, 

20 are students of color or students with disabil21 ities (as defined in section 602 of the Individ22 uals with Disabilities Education Act (20 U.S.C. 

23 1401)); 

24 (B) with a high percentage of in-school 

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1 sions, school-related arrests, and referrals of 

2 students to law enforcement; 

3 (C) that lack positive behavioral interven4 tions and supports and other models to improve 

5 school climate and culture; or 

6 (D) that have demonstrated meaningful 

7 community engagement in selecting models to 

8 improve school climate and culture. 

9 (f) EVALUATION AND REPORT.— 

10 (1) LOCAL EDUCATIONAL AGENCY REPORTS.— 

11 Each local educational agency receiving a subgrant 

12 under this section shall, at the end of the grant pe13 riod for such subgrant, prepare and submit to the 

14 State educational agency a report that— 

15 (A) evaluates the progress of the local edu16 cational agency toward carrying out the re17 quired activities under subsection (e); and 

18 (B) includes any additional information the 

19 State educational agency determines necessary 

20 to complete the report required under para21 graph (2). 

22 (2) STATE EDUCATIONAL AGENCY REPORTS.— 

23 Each State educational agency receiving a grant 

24 under this section shall, at the end of the three-year 


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1 grant period for such grant, prepare and submit to 

2 the Secretary a report that— 

3 (A) evaluates the State’s progress toward 

4 carrying out the required activities under sub5 section (e); 

6 (B) includes data on the impact of the 

7 grant program on school climate and culture 

8 during such grant period, including, with re9 spect to the State educational agency, data on 

10 the prevalence of, and increase or decrease in— 

11 (i) exclusionary and aversive discipline 

12 practices or interventions, including in13 school suspensions, out-of-school suspen14 sions, and expulsions; 

15 (ii) school-related arrests; and 

16 (iii) student referrals to law enforce17 ment; 

18 (C) includes the number of high-quality 

19 school climate and culture trainings conducted 

20 for program personnel during such grant pe21 riod; 

22 (D) describes the models implemented to 

23 improve school climate and culture during such 

24 grant period; 


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1 (E) specifies the number of subgrants 

2 made under subsection (d) and the local edu3 cational agencies that were awarded such sub4 grants; and 

5 (F) includes such information as the Sec6 retary may require. 

7 (3) DATA.—A State educational agency shall, 

8 with respect to the data described in paragraph 

9 (2)(B)— 

10 (A) cross-tabulate and disaggregate the 

11 data in the same manner as under subsection 

12 (b)(3)(A); and 

13 (B) redact all personally identifiable infor14 mation from such data. 

15 (4) PUBLICATION.—Not later than one year 

16 after receiving a report under paragraph (2), the 

17 Secretary shall make the report publicly available on 

18 the website of the Department of Education. 

19 (g) FUNDS AVAILABLE FOR THE DEPARTMENT OF

20 THE INTERIOR.—From the amount appropriated under 

21 section 306, the Secretary shall allocate— 

22 (1) 0.5 percent of such funds to the Secretary 

23 of the Interior for activities under this section with 

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1 ment of the Interior, under such terms and condi2 tions as the Secretary may prescribe; and 

3 (2) 0.5 percent of such funds for activities 

4 under this section with respect to schools operated 

5 in the outlying areas, under such terms and condi6 tions as the Secretary may prescribe. 

7 TITLE III—ADDITIONAL 

8 PROVISIONS 

9 SEC. 301. FEDERAL REGULATIONS. 

10 (a) IN GENERAL.—Not later than 180 days after the 

11 date of the enactment of this Act, the Secretary shall issue 

12 such regulations as are necessary to reasonably ensure 

13 compliance with this Act. 

14 (b) NEGOTIATED RULEMAKING PROCESS.—In car15 rying out subsection (a), the Secretary shall use a nego16 tiated rulemaking process described in section 1601 and 

17 section 1602 of the Elementary and Secondary Education 

18 Act of 1965 (20 U.S.C. 6571; 6572) except subparagraph 

19 (A) of subsection (b)(3) of such section 1601 shall apply 

20 by substituting ‘‘establish a negotiated rulemaking proc21 ess;’’ for the text of such subparagraph. 

22 SEC. 302. OTHER SCHOOLS. 

23 (a) DEPARTMENT OF DEFENSE.—The Secretary of 

24 Defense shall ensure that schools operated or funded by 

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1 wise operated or funded by the Department of Defense 

2 for the education of military-connected dependents comply 

3 with the regulations promulgated by the Secretary pursu4 ant to this Act. 

5 (b) DEPARTMENT OF INTERIOR.—The Secretary of 

6 the Interior shall ensure that schools operated or funded 

7 by the Department of the Interior comply with the regula8 tions promulgated by the Secretary pursuant to this Act. 

9 SEC. 303. LIMITATION OF AUTHORITY. 

10 (a) IN GENERAL.—Nothing in this Act shall be con11 strued— 

12 (1) to restrict or limit, or allow the Secretary 

13 to restrict or limit, any other rights or remedies oth14 erwise available to students or parents under Fed15 eral, State, or local law or regulation; or 

16 (2) to restrict or limit Federal, State, or local 

17 laws, regulations, or polices that provide for more 

18 stringent prohibitions or limitations on the use of 

19 corporal punishment than the prohibitions or limita20 tions that are provided for in this Act. 

21 (b) LAW ENFORCEMENT OFFICER DUTIES.—Noth22 ing in this Act shall be construed to prevent a sworn law 

23 enforcement officer from carrying out the lawful duties of 

24 the officer under otherwise applicable law. 


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1 (c) RULE OF CONSTRUCTION ON ENFORCEMENT.— 

2 Nothing in this Act shall be construed to affect the en3 forcement of title VI of the Civil Rights Act of 1964 (42 

4 U.S.C. 2000d et seq.), title IX of the Education Amend5 ments of 1972 (20 U.S.C. 1681 et seq.), section 504 of 

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

7 Department of Education Organization Act (20 U.S.C. 

8 3401 et seq.) and their enforcing regulations. 

9 SEC. 304. APPLICABILITY TO PRIVATE SCHOOLS AND HOME 

10 SCHOOLS. 

11 (a) PRIVATE SCHOOLS.—Nothing in this Act shall be 

12 construed to affect any private school that does not re13 ceive, or does not serve students who receive, support in 

14 any form from any program or activity supported, in whole 

15 or in part, with Federal funds. 

16 (b) HOME SCHOOLS.—Nothing in this Act shall be 

17 construed to— 

18 (1) affect a home school, whether or not a home 

19 school is treated as a private school or home school 

20 under State law; or 

21 (2) consider parents who are schooling a child 

22 at home as program personnel. 

23 SEC. 305. SEVERABILITY. 

24 If any provision of this Act or the application of such 

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1 constitutional, the remaining provisions of this Act and 

2 the application of such provisions to any person or cir3 cumstance shall not be affected thereby. 

4 SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 

5 There are authorized to be appropriated such sums 

6 as may be necessary to carry out this Act for fiscal year 

7 2021 and each fiscal year thereafter. 

Æ 


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