I 

116TH CONGRESS 

2D SESSION H. R. 8460 

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

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 30, 2020 

Mr. MCEACHIN (for himself and Ms. BONAMICI) introduced the following bill; 

which was referred to the Committee on Education and Labor, and in 

addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

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 2020’’. 

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 


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Sec. 101. Prohibition of corporal punishment. 

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. 

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 to address student 

15 behavior and work to eliminate the use of exclu16 sionary and aversive discipline practices or interven17 tions; 


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1 (4) ensure all program personnel have the sup2 ports and training necessary to implement positive 

3 behavioral interventions and supports and other 

4 models to address student behavior and improve 

5 school climate and culture; and 

6 (5) collect and analyze data on exclusionary and 

7 aversive discipline practices or interventions in 

8 schools. 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) CORPORAL PUNISHMENT.—The term ‘‘cor12 poral punishment’’ means, with respect to a student, 

13 a deliberate act which causes the student to feel 

14 physical pain for the purpose of discipline, including 

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

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

17 a student to assume a painful physical position, or 

18 the use of chemical sprays, electroshock weapon, or 

19 stun guns on a student’s body. 

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

21 school’’, ‘‘evidence-based’’, ‘‘local educational agen22 cy’’, ‘‘outlying area’’, ‘‘parent’’, ‘‘secondary school’’, 

23 ‘‘Secretary’’, ‘‘State’’, and ‘‘State educational agen24 cy’’ have the meanings given the terms in section 


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1 8101 of the Elementary and Secondary Education 

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

3 (3) MODEL.—The term ‘‘model’’ means an ac4 tivity, strategy, framework, or intervention that is 

5 evidence-based, to the extent practicable. 

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

7 the operations of a local educational agency, system 

8 of vocational education, other school system, or pri9 vate school, any part of which receives Federal fi10 nancial assistance. 

11 (5) PROGRAM PERSONNEL.—The term ‘‘pro12 gram personnel’’ means any agent of a program in13 cluding an individual who— 

14 (A) is employed by a program; 

15 (B) performs services for a program on a 

16 contractual basis; 

17 (C) is a school resource officer; or 

18 (D) is a school security guard. 

19 (6) PROTECTION AND ADVOCACY SYSTEM.—The 

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

21 protection and advocacy system established under 

22 section 143 of the Developmental Disabilities Assist23 ance and Bill of Rights Act of 2000 (42 U.S.C. 

24 15043). 


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1 (7) SCHOOL RESOURCE OFFICER.—The term 

2 ‘‘school resource officer’’ means a sworn law enforce3 ment officer who— 

4 (A) is assigned by the employing police de5 partment to a program; 

6 (B) is contracting with a program; or 

7 (C) is employed by a program. 

8 (8) SCHOOL SECURITY GUARD.—The term 

9 ‘‘school security guard’’ means a contractor or an 

10 employee of a program responsible for addressing 

11 one or more of the following safety and crime pre12 vention activities with respect to a program: 

13 (A) Assisting program personnel in safety 

14 incidents. 

15 (B) Educating students in crime and ille16 gal drug use prevention and safety. 

17 (C) Developing or expanding community 

18 justice initiatives for students. 

19 (D) Training students in conflict resolution 

20 and supporting restorative justice programs. 

21 (E) Serving as a liaison between the pro22 gram and outside agencies, including other law 

23 enforcement agencies. 

24 (F) Screening students or visitors to the 

25 program for prohibited items. 


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1 (9) STUDENT.—The term ‘‘student’’ means an 

2 individual enrolled in a program. 

3 TITLE I—PROHIBITION OF 

4 CORPORAL PUNISHMENT 

5 SEC. 101. PROHIBITION OF CORPORAL PUNISHMENT. 

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

7 corporal punishment by program personnel of any pro8 gram which receives Federal financial assistance. 

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

10 been subjected to corporal punishment by program per11 sonnel in violation of subsection (a), or the parent of such 

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

13 court of competent jurisdiction against the program under 

14 which the violation is alleged to have occurred for attor15 neys’ fees, expert fees, injunctive relief, and compensatory 

16 damages. 

17 (c) NONAPPLICABILITY.—Section 615(l) of the Indi18 viduals with Disabilities Education Act (20 U.S.C. 

19 1415(l)) shall not apply to an action filed pursuant to sub20 section (b), regardless of whether or not the student is 

21 seeking relief that is also available under the Individuals 

22 with Disabilities Education Act (20 U.S.C. 1400 et seq.). 

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

24 Whenever the Attorney General receives a complaint 

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


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

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

3 are being deprived by a program of the right to not be 

4 subject to corporal punishment by program personnel and 

5 the Attorney General believes the complaint is meritorious, 

6 the Attorney General is authorized, after giving notice of 

7 such complaint to the appropriate program and after certi8 fying that the Attorney General is satisfied that such pro9 gram has had a reasonable time to adjust the conditions 

10 alleged in such complaint, to institute for or in the name 

11 of the United States a civil action in any appropriate dis12 trict court of the United States against such parties and 

13 for such relief as may be appropriate, and such court shall 

14 have and shall exercise jurisdiction of proceedings insti15 tuted pursuant to this section. The Attorney General may 

16 implead as defendants such additional parties as are or 

17 become necessary to the grant of effective relief hereunder. 

18 SEC. 103. ENFORCEMENT BY THE OFFICE FOR CIVIL 

19 RIGHTS. 

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

21 Secretary shall refer any complaint alleging a violation of 

22 section 101(a) to the Office for Civil Rights of the Depart23 ment of Education for an investigation. 

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

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1 retary shall develop and implement a procedure for receiv2 ing a complaint alleging a violation of section 101(a). 

3 (c) FAILURE TO COMPLY.—In the event that a pro4 gram has failed to comply with section 101(a), the Sec5 retary shall carry out at least one of the following: 

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

7 part, further payments (including payments for ad8 ministrative costs) under an applicable program (as 

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

10 Education Provisions Act (20 U.S.C. 1221)) in ac11 cordance with section 455 of such Act (20 U.S.C. 

12 1234d). 

13 (2) Enter into a compliance agreement in ac14 cordance with section 457 of the General Education 

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

16 (3) Issue a complaint to compel compliance of 

17 such program through a cease and desist order, in 

18 the same manner the Secretary is authorized to take 

19 such action under section 456 of the General Edu20 cation Provisions Act (20 U.S.C. 1234c). 

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

22 the Secretary determines (whether by certification or other 

23 appropriate evidence) that a program that is subject to 

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

25 this section has cured the failure providing the basis for 


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

2 year from the date on which such payments were first 

3 withheld, the Secretary shall— 

4 (1) cease the withholding of payments with re5 spect to that program under such subsection; and 

6 (2) reimburse all the withheld payments under 

7 such subsection to such program. 

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

9 made available for the payments that were withheld under 

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

11 program pursuant to this subsection for up to one year 

12 from the date upon which the determination in subsection 

13 (d) was made. 

14 (f) RULE OF CONSTRUCTION.—Nothing in this sec15 tion shall be construed to limit the Secretary’s authority 

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

17 1221 et seq.). 

18 SEC. 104. PARENT NOTIFICATION AND PROTECTION AND 

19 ADVOCACY SYSTEMS. 

20 (a) NOTIFICATION.—If a student is subject to cor21 poral punishment committed by program personnel at a 

22 program, the program serving such student shall notify, 

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

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

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


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1 (2) the State educational agency; and 

2 (3) the local law enforcement agency. 

3 (b) NOTIFICATION FOR STUDENTS WITH DISABIL4 ITIES.—In the case of a student described in subsection 

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

6 section 3 of the Americans with Disabilities Act of 1990 

7 (42 U.S.C. 12102)) the program serving such student 

8 shall— 

9 (1) in addition to the notification described in 

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

11 hours after the use of force described in such sub12 section occurs, the facts of such use of force to the 

13 relevant protection and advocacy system; and 

14 (2) provide any information to the relevant pro15 tection and advocacy system that the protection and 

16 advocacy system may require. 

17 (c) RESTATEMENT OF AUTHORITY.—Protection and 

18 advocacy systems shall have the same authorities and 

19 rights provided under subtitle C of title I of the Develop20 mental Disabilities Assistance and Bill of Rights Act of 

21 2000 (42 U.S.C. 15041 et seq.) with respect to protections 

22 provided for students under this Act when such students 

23 are otherwise eligible to be clients of the protection and 

24 advocacy system, including investigating, monitoring, and 

25 enforcing such protections. 


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1 TITLE II—STATE ACTIVITIES 

2 AND GRANT PROGRAM 

3 SEC. 201. STATE PLAN AND ENFORCEMENT. 

4 (a) STATE REQUIREMENTS.—Not later than 18 

5 months after the date of enactment of this Act, and every 

6 two years thereafter, each State educational agency which 

7 receives Federal financial assistance shall provide to the 

8 Secretary— 

9 (1) a written assurance that— 

10 (A) all programs located in such State 

11 have been notified of the requirements of this 

12 Act; 

13 (B) all program personnel of such State 

14 educational agency have received training with 

15 respect to such requirements; 

16 (C) parents of students served by such 

17 State educational agency have been notified of 

18 the requirements, rights, and remedies available 

19 under this Act; and 

20 (D) the notification required under sub21 paragraph (C) is publicly available on the 

22 website of the State educational agency; and 

23 (2) a school climate report that includes a de24 scription of— 


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1 (A) the policies and procedures of the 

2 State educational agency with respect exclu3 sionary and aversive discipline practices or 

4 interventions in such schools; 

5 (B) how the State educational agency 

6 plans to implement, is implementing, or has im7 plemented positive behavioral interventions and 

8 supports and other models to address student 

9 behavior and reduce the use of exclusionary and 

10 aversive discipline practices or interventions in 

11 the public elementary and secondary schools of 

12 such State; and 

13 (C) efforts of the State educational agency 

14 to ensure program personnel receive the sup15 ports and training necessary to implement the 

16 interventions, supports, and other models de17 scribed in subparagraph (B). 

18 (b) LOCAL EDUCATIONAL AGENCY REQUIRE19 MENTS.—Not later than one year after the date of the 

20 enactment of this Act, and not less than once every two 

21 years thereafter, each local educational agency shall sub22 mit to the State educational agency a report that includes 

23 the information the State educational agency determines 

24 necessary to comply with the requirements of subsection 

25 (a). 


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1 (c) REPORT.—Not later than two years after the date 

2 of the enactment of this Act, and not less than once every 

3 two years thereafter, the Secretary shall— 

4 (1) submit to the Committee on Education and 

5 Labor of the House of Representatives and the Com6 mittee on Health, Education, Labor, and Pensions 

7 of the Senate a report summarizing the findings of 

8 the reports under subsection (a)(2); and 

9 (2) make the reports described in paragraph (1) 

10 publicly available. 

11 (d) ENFORCEMENT.— 

12 (1) IN GENERAL.— 

13 (A) USE OF REMEDIES.—If a State edu14 cational agency fails to comply with subsection 

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

16 of the following: 

17 (i) Withhold, in whole or in part, fur18 ther payments under an applicable pro19 gram (as such term is defined in section 

20 400(c) of the General Education Provi21 sions Act (20 U.S.C. 1221)) in accordance 

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

23 1234d). 

24 (ii) Enter into a compliance agree25 ment in accordance with section 457 of the 


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1 General Education Provisions Act (20 

2 U.S.C. 1234f). 

3 (iii) Issue a complaint to compel com4 pliance of the State educational agency 

5 through a cease and desist order, in the 

6 same manner the Secretary is authorized 

7 to take such action under section 456 of 

8 the General Education Provisions Act (20 

9 U.S.C. 1234e). 

10 (B) CESSATION OF WITHHOLDING OF

11 FUNDS.—If the Secretary determines (whether 

12 by certification or other appropriate evidence) 

13 that a State educational agency that is subject 

14 to the withholding of payments under subpara15 graph (A)(i) has cured the failure providing the 

16 basis for the withholding of payments within 

17 one year from the date on which such payments 

18 were first withheld, the Secretary shall— 

19 (i) cease the withholding of payments 

20 with respect to the State educational agen21 cy under such subparagraph; and 

22 (ii) reimburse all the withheld pay23 ments under such subparagraph to such 

24 State educational agency. 


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1 (2) WITHHELD FUNDS.—The funds appro2 priated or made available for the payments that 

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

4 available for expenditure to that program pursuant 

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

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

7 was made. 

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

9 subsection shall be construed to limit the Secretary’s 

10 authority under the General Education Provisions 

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

12 SEC. 202. GRANT AUTHORITY. 

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

14 under section 306, the Secretary may award grants to 

15 State educational agencies to improve school climate and 

16 culture by implementing positive behavioral interventions 

17 and supports and other models to address student behav18 ior and reduce the use of exclusionary and aversive dis19 cipline practices or interventions in public elementary and 

20 secondary schools. 

21 (b) DURATION OF GRANT.— 

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

23 shall be awarded to a State educational agency for 

24 a three-year period. 


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1 (2) REAPPLICATION.—At the end of a grant pe2 riod described in paragraph (1), a State educational 

3 agency desiring a subsequent grant under this sec4 tion may be eligible for such grant if such State edu5 cational agency— 

6 (A) submits an application under sub7 section (c); and 

8 (B) demonstrates— 

9 (i) that such State educational agency 

10 effectively used grant funds to carry out 

11 the required activities under subsection (e) 

12 during the previous grant period; and 

13 (ii) with respect to such State edu14 cational agency, a decrease in at least one 

15 of the following: 

16 (I) Exclusionary and aversive dis17 cipline practices or interventions, in18 cluding in-school suspensions, out-of19 school suspensions, and expulsions. 

20 (II) School-related arrests. 

21 (III) Referrals of students to law 

22 enforcement. 

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

24 with respect to the data used under paragraph 

25 (2)(B)(ii)— 


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1 (A) cross-tabulate such data and 

2 disaggregate by race, gender, disability, and 

3 English learner; and 

4 (B) redact all personally identifiable infor5 mation from such data. 

6 (c) APPLICATION.— 

7 (1) IN GENERAL.—Each State educational 

8 agency desiring a grant under this section shall sub9 mit an application to the Secretary at such time, in 

10 such manner, and accompanied by such information 

11 as the Secretary may require, including— 

12 (A) information on how the State edu13 cational agency will carry out the required ac14 tivities specified in subsection (e); 

15 (B) a description of how the State edu16 cational agency will improve school climate and 

17 culture by reducing the use of exclusionary and 

18 aversive discipline practices or interventions; 

19 (C) a description of how the State edu20 cational agency will implement positive behav21 ioral interventions and supports and other mod22 els to address student behavior and reduce the 

23 use of exclusionary and aversive discipline prac24 tices or interventions; and 


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1 (D) a description of how the State edu2 cational agency will develop and implement 

3 high-quality training for program personnel de4 signed to improve school climate and culture 

5 and increase the use of positive behavioral 

6 interventions and supports and other models to 

7 address student behavior and reduce the use of 

8 exclusionary and aversive discipline practices or 

9 interventions. 

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

11 section, the Secretary shall give priority to State 

12 educational agencies— 

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

14 suspensions, out-of-school suspensions, expul15 sions, school-related arrests, and referrals of 

16 students to law enforcement; 

17 (B) that lack positive behavioral interven18 tions and supports and other models to improve 

19 school climate and culture; or 

20 (C) that are in most need of assistance re21 lating to improving school climate and culture 

22 by reducing the use of exclusionary and aversive 

23 discipline practices or interventions, as deter24 mined by the Secretary. 

25 (d) AUTHORITY TO MAKE SUBGRANTS.— 


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

2 receiving a grant under this section may use such 

3 grant funds to award subgrants, on a competitive 

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

5 educational agencies. 

6 (2) APPLICATION.—A local educational agency 

7 desiring to receive a subgrant under this section 

8 shall submit an application to the applicable State 

9 educational agency at such time, in such manner, 

10 and containing such information as the State edu11 cational agency may require, including the informa12 tion described in subparagraphs (A) through (D) of 

13 subsection (c)(1). 

14 (e) REQUIRED ACTIVITIES.— 

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

16 receiving a grant, or a local educational agency re17 ceiving a subgrant, under this section shall use such 

18 grant or subgrant funds to carry out the following: 

19 (A) Developing and implementing high20 quality training for program personnel designed 

21 to— 

22 (i) improve school climate and culture; 

23 (ii) increase use of positive behavioral 

24 interventions and supports and other mod25 els to address student behavior; and 


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1 (iii) reduce the use of exclusionary 

2 and aversive discipline practices or inter3 ventions and the discriminatory and dis4 proportionate impact such practices have 

5 on students based on their race, ethnicity, 

6 gender, or disability. 

7 (B) Providing technical assistance to im8 prove school climate and culture by imple9 menting positive behavioral interventions and 

10 supports and other models to address student 

11 behavior and reduce the use of exclusionary and 

12 aversive discipline practices or interventions, 

13 such as restorative justice interventions, trau14 ma-informed care, crisis and de-escalation inter15 ventions, implicit bias training, and culturally 

16 responsive teaching. 

17 (C) Researching, developing, implementing, 

18 and evaluating models, policies, and procedures 

19 to reduce the use of exclusionary and aversive 

20 discipline practices or interventions in public el21 ementary and secondary schools. 

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

23 local educational agency shall prioritize carrying out 

24 the activities specified in subparagraphs (A) through 


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1 (C) of paragraph (1) in public elementary and sec2 ondary schools— 

3 (A) in which a disproportionately high per4 centage of students who have been subjected to 

5 disciplinary proceedings or have otherwise expe6 rienced the application of such a school’s dis7 cipline policies, practices, and procedures, rel8 ative to such school’s total student population, 

9 are students of color or students with disabil10 ities (as defined in section 602 of the Individ11 uals with Disabilities Education Act (20 U.S.C. 

12 1401)); 

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

14 suspensions, out-of-school suspensions, expul15 sions, school-related arrests, and referrals of 

16 students to law enforcement; 

17 (C) that lack positive behavioral interven18 tions and supports and other models to improve 

19 school climate and culture; or 

20 (D) that have demonstrated meaningful 

21 community engagement in selecting models to 

22 improve school climate and culture. 

23 (f) EVALUATION AND REPORT.— 

24 (1) LOCAL EDUCATIONAL AGENCY REPORTS.— 

25 Each local educational agency receiving a subgrant 


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1 under this section shall, at the end of the grant pe2 riod for such subgrant, prepare and submit to the 

3 State educational agency a report that— 

4 (A) evaluates the progress of the local edu5 cational agency toward carrying out the re6 quired activities under subsection (e); and 

7 (B) includes any additional information the 

8 State educational agency determines necessary 

9 to complete the report required under para10 graph (2). 

11 (2) STATE EDUCATIONAL AGENCY REPORTS.— 

12 Each State educational agency receiving a grant 

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

14 grant period for such grant, prepare and submit to 

15 the Secretary a report that— 

16 (A) evaluates the State’s progress toward 

17 carrying out the required activities under sub18 section (e); 

19 (B) includes data on the impact of the 

20 grant program on school climate and culture 

21 during such grant period, including, with re22 spect to the State educational agency, data on 

23 the prevalence of, and increase or decrease in— 

24 (i) exclusionary and aversive discipline 

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1 school suspensions, out-of-school suspen2 sions, and expulsions; 

3 (ii) school-related arrests; and 

4 (iii) student referrals to law enforce5 ment; 

6 (C) includes the number of high-quality 

7 school climate and culture trainings conducted 

8 for program personnel during such grant pe9 riod; 

10 (D) describes the models implemented to 

11 improve school climate and culture during such 

12 grant period; 

13 (E) specifies the number of subgrants 

14 made under subsection (d) and the local edu15 cational agencies that were awarded such sub16 grants; and 

17 (F) includes such information as the Sec18 retary may require. 

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

20 with respect to the data described in paragraph 

21 (2)(B)— 

22 (A) cross-tabulate and disaggregate the 

23 data in the same manner as under subsection 

24 (b)(3)(A); and 


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1 (B) redact all personally identifiable infor2 mation from such data. 

3 (4) PUBLICATION.—The Secretary shall make 

4 each report under paragraph (2) publicly available 

5 on the website of the Department. 

6 (g) FUNDS AVAILABLE FOR THE DEPARTMENT OF

7 THE INTERIOR.—From the amount appropriated under 

8 section 306, the Secretary shall allocate— 

9 (1) 0.5 percent of such funds to the Secretary 

10 of the Interior for activities under this section with 

11 respect to schools operated or funded by the Depart12 ment of the Interior, under such terms and condi13 tions as the Secretary may prescribe; and 

14 (2) 0.5 percent of such funds for activities 

15 under this section with respect to schools operated 

16 in the outlying areas, under such terms and condi17 tions as the Secretary may prescribe. 

18 TITLE III—ADDITIONAL 

19 PROVISIONS 

20 SEC. 301. FEDERAL REGULATIONS. 

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

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

23 such regulations as are necessary to reasonably ensure 

24 compliance with this Act. 


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1 (b) NEGOTIATED RULEMAKING PROCESS.—In car2 rying out subsection (a), the Secretary shall use a nego3 tiated rulemaking process described in section 1601 and 

4 section 1602 of the Elementary and Secondary Education 

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

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

7 by substituting ‘‘establish a negotiated rulemaking proc8 ess;’’ for the text of such subparagraph. 

9 SEC. 302. OTHER SCHOOLS. 

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

11 Defense shall ensure that schools operated or funded by 

12 the Department of Defense Education Activity or other13 wise operated or funded by the Department of Defense 

14 for the education of military-connected dependents comply 

15 with the regulations promulgated by the Secretary pursu16 ant to this Act. 

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

18 the Interior shall ensure that schools operated or funded 

19 by the Department of the Interior comply with the regula20 tions promulgated by the Secretary pursuant to this Act. 

21 SEC. 303. LIMITATION OF AUTHORITY. 

22 (a) IN GENERAL.—Nothing in this Act shall be con23 strued— 

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

25 to restrict or limit, any other rights or remedies othVerDate Sep 11 2014 23:34 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H8460.IH H8460

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1 erwise available to students or parents under Fed2 eral, State, or local law or regulation; or 

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

4 laws, regulations, or polices that provide for more 

5 stringent prohibitions or limitations on the use of 

6 corporal punishment than the prohibitions or limita7 tions that are provided for in this Act. 

8 (b) LAW ENFORCEMENT OFFICER DUTIES.—Noth9 ing in this Act shall be construed to prevent a sworn law 

10 enforcement officer from carrying out the duties of the 

11 officer under otherwise applicable law. 

12 (c) RULE OF CONSTRUCTION ON DATA COLLEC13 TION.—Nothing in this Act shall be construed to affect 

14 the collection of information or data authorized under the 

15 statutes and regulations implementing title VI of the Civil 

16 Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX 

17 of the Education Amendments of 1972 (20 U.S.C. 1681 

18 et seq.), section 504 of the Rehabilitation Act of 1973 (29 

19 U.S.C. 794 et seq.), or the Department of Education Or20 ganization Act (20 U.S.C. 3401 et seq.). 

21 SEC. 304. APPLICABILITY. 

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

23 construed to affect any private school that does not receive 

24 Federal financial assistance. 


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

2 construed to— 

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

4 school is treated as a private school or home school 

5 under State law; or 

6 (2) consider parents who are schooling a child 

7 at home as program personnel. 

8 SEC. 305. SEVERABILITY. 

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

10 provision to any person or circumstance is held to be un11 constitutional, the remaining provisions of this Act and 

12 the application of such provisions to any person or cir13 cumstance shall not be affected thereby. 

14 SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 

15 There are authorized to be appropriated such sums 

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

17 2021 and each fiscal year thereafter. 

Æ 


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