I 

116TH CONGRESS 

2D SESSION H. R. 8869 

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

trauma-informed emergency response protocols in public schools, early 

childcare and education settings, and institutions of higher education, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 3, 2020 

Ms. WILD (for herself and Mr. FITZPATRICK) introduced the following bill; 

which was referred to the Committee on Education and Labor 

A BILL 

To create a Council on Emergency Response Protocols to 

ensure the establishment of accessible, developmentally 

appropriate, culturally aware, and trauma-informed 

emergency response protocols in public schools, early 

childcare and education settings, and institutions of higher education, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

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

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

6 for All Students Act of 2020’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) The lack of accessible, developmentally ap4 propriate, culturally aware, and trauma-informed 

5 emergency response protocols for children and youth 

6 in public schools, early childcare and education set7 tings, and institutions of higher education is not a 

8 trivial issue: 

9 (A) In 2016, there were 12,032,000 chil10 dren from ages 3 to 5 enrolled in preprimary 

11 education programs, and almost one-quarter of 

12 children under the age of 5 are in some form 

13 of childcare arrangement, including nurseries, 

14 childcare centers, and preschools. 

15 (B) In the 2017–2018 school year— 

16 (i) 14 percent of students in grades 

17 kindergarten through grade 12 had a dis18 ability; and 

19 (ii) 11 percent of students in 

20 postbaccalaureate programs self-identified 

21 as having a disability. 

22 (2) As of the date of enactment of this Act, lit23 tle has been done to integrate specific populations, 

24 such as children and youth at various developmental 

25 stages or children and youth with disabilities, into 

26 emergency preparedness planning. 


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1 (3) In 2018 alone, there were 108 natural dis2 asters in the United States, including severe thun3 derstorms, floods, wildfires, droughts, earthquakes, 

4 and other extreme weather. 

5 (4) During the 16 academic years from 2000 

6 through 2015, there were 85 fatal fires in dor7 mitories, fraternities, sororities, and off-campus 

8 housing, resulting in 118 fatalities—an average of 

9 approximately 7 per school year. 

10 (5) The risks associated with natural and man11 made disasters have a disproportionate impact on in12 dividuals with disabilities. People with disabilities 

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

14 injuries during a disaster than people without dis15 abilities. 

16 (6) Technology plays an increasingly vital role 

17 in emergency communications but remains largely 

18 inaccessible for many individuals with disabilities. 

19 (7) The rise of gun violence and gun violence20 related deaths has contributed to the expansion of 

21 school security technologies and devices. While such 

22 technologies and devices have the potential to save 

23 lives, they have largely been developed without con24 sideration of the needs of students at various devel25 opmental stages or students with disabilities. Thus, 


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1 there may be inherent biases within these tech2 nologies and devices that disadvantage or create bias 

3 toward specific populations. 

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

5 percent of schools nationwide have an active shooter 

6 lockdown protocol. More than 1,000,000 elementary7 age children experienced a lockdown in the 2017– 

8 2018 school year, and among that group, at least 

9 220,000 were in kindergarten or prekindergarten. 

10 (9) While the Department of Homeland Secu11 rity active shooter emergency guidelines recommend 

12 that students and personnel in school and early 

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

14 Fight’’, these strategies can exacerbate danger for 

15 young children in prekindergarten and childcare cen16 ters, and can exclude and put at risk students with 

17 a wide range of disabilities. 

18 (10) At the height of the 2019 novel 

19 coronavirus (COVID–19) pandemic, emergency clo20 sures of early education centers, elementary schools, 

21 secondary schools, and institutions of higher edu22 cation created great disruptions in learning and cast 

23 a light on educational institutions’ lack of prepared24 ness protocols for public health emergencies. 


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1 (11) During the pandemic, early care and edu2 cation remains indispensable for the development of 

3 children and for millions of health care workers, first 

4 responders, educators, and essential personnel, and 

5 it is imperative that early care and education centers 

6 and schools have emergency preparedness plans to 

7 ensure the safety of students and educators. 

8 (12) Emergency preparation drills and real-life 

9 lockdowns where danger may be external can create 

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

11 employees, and other specific populations in schools, 

12 early childcare and education settings, and institu13 tions of higher education. 

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

15 profound sensory impact on young children, as birth 

16 to age 5 is a critical developmental age. Frightening 

17 visual stimuli, loud noises, violent movements, and 

18 other sensations associated with an unpredictable 

19 frightening event, such as in an emergency prepara20 tion drill or lockdown, can cause substantial stress. 

21 Unlike older children, young children cannot express 

22 in words whether they feel afraid, overwhelmed, or 

23 helpless, and may have difficulty regulating their be24 havior and emotions after experiencing trauma. 


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

2 establishment of accessible, developmentally appro3 priate, culturally aware, and trauma-informed emer4 gency response protocols, including gun violence re5 sponse and prevention protocols, natural disaster 

6 preparedness procedures, fire drills, and other emer7 gency preparation drills or lockdown procedures, in 

8 public schools, early childcare and education set9 tings, and institutions of higher education. 

10 SEC. 3. DEFINITIONS. 

11 In this Act: 

12 (1) ESEA DEFINITIONS.—The terms ‘‘elemen13 tary school’’, ‘‘local educational agency’’, ‘‘para14 professional’’, ‘‘school leader’’, ‘‘secondary school’’, 

15 and ‘‘specialized instructional support personnel’’ 

16 have the meanings given the terms in section 8101 

17 of the Elementary and Secondary Education Act of 

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

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

20 used with respect to an emergency response protocol, 

21 means a protocol that— 

22 (A) is developed in full compliance with 

23 title II of the Americans with Disabilities Act of 

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1 bilitation Act of 1973 (29 U.S.C. 701 et seq.); 

2 and 

3 (B) accounts for a comprehensive range of 

4 disabilities, including children and youth who 

5 use non-speech modes of communication. 

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

7 Council on Emergency Response Protocols estab8 lished under section 4. 

9 (4) CULTURALLY AWARE.—The term ‘‘cul10 turally aware’’, when used with respect to an emer11 gency response protocol, means a protocol that— 

12 (A)(i) incorporates the roles of first re13 sponder personnel, law enforcement personnel, 

14 school resource officers, and other authorities in 

15 the communities where the students live and at16 tend school; 

17 (ii) takes into account the use and preva18 lence of firearms in such communities; and 

19 (iii) is cognizant of the ways in which Afri20 can American students and students of other 

21 racial or ethnic minority groups are more likely 

22 to face disciplinary action in schools; 

23 (B) is designed to be sensitive to and re24 spect cultural differences and differences in cus25 toms and worldview; and 


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1 (C) considers the ways in which certain 

2 emergency events have disparate impact on Af3 rican Americans, Native peoples, and other ra4 cial and ethnic minorities. 

5 (5) DEVELOPMENTALLY APPROPRIATE.—The 

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

7 respect to an emergency response protocol, means a 

8 protocol that is appropriate for children’s ages and 

9 physical, social, sensory, and emotional develop10 mental statuses. 

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

12 meaning given the term in section 3 of the Ameri13 cans with Disabilities Act of 1990 (42 U.S.C. 

14 12102). 

15 (7) INSTITUTION OF HIGHER EDUCATION.—The 

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

17 meaning given the term in section 102 of the Higher 

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

19 (8) TRAUMA-INFORMED.—The term ‘‘trauma20 informed’’, when used with respect to an emergency 

21 response protocol, means a protocol that— 

22 (A) recognizes the prevalence of trauma 

23 and the role that trauma plays in the lives of 

24 children, youth, and survivors of trauma; 


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1 (B) considers the physical, psychological, 

2 and emotional well-being of individuals during 

3 and after an emergency event; and 

4 (C) takes an approach that actively com5 bats the traumatization or retraumatization of 

6 children, youth, and survivors of trauma. 

7 SEC. 4. ESTABLISHMENT OF COUNCIL ON EMERGENCY RE8 SPONSE PROTOCOLS. 

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

10 on Emergency Response Protocols. 

11 (b) COMPOSITION.— 

12 (1) CHAIRPERSON.—The Secretary of Edu13 cation, in an expeditious manner, shall appoint an 

14 individual who represents one of the categories de15 scribed in paragraph (2) to serve as a member and 

16 chairperson of the Council. 

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

18 90 days after the date of enactment of this Act, the 

19 chairperson of the Council shall appoint a member 

20 to the Council for each of the following categories 

21 (except for the category represented by the chair22 person): 

23 (A) An executive director or a representa24 tive from a national organization representing 

25 individuals with disabilities. 


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

3 early childcare educators. 

4 (C) The executive director or a representa5 tive from a national organization representing 

6 law enforcement officials. 

7 (D) The executive director or a representa8 tive from an organization focused on emergency 

9 preparedness training in early childcare. 

10 (E) A member of an organization rep11 resenting teachers, school leaders, specialized 

12 instructional support personnel, and paraprofes13 sionals. 

14 (F) A member of an organization rep15 resenting school-based child welfare and mental 

16 health professionals. 

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

18 intellectual, or developmental disability who has 

19 demonstrated disability advocacy experience in 

20 kindergarten through grade 12 education. 

21 (H) An individual with a mental health 

22 disability who has been enrolled in an institu23 tion of higher education for at least a year dur24 ing the 5 years prior to the date of the individ25 ual’s appointment to the Council. 


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

2 intellectual, or developmental disability who has 

3 been enrolled in an institution of higher edu4 cation for a year prior to the date of the indi5 vidual’s appointment to the Council. 

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

7 early childcare and education program. 

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

9 a physical, sensory, intellectual, or develop10 mental disability in— 

11 (i) an early childcare and education 

12 program; or 

13 (ii) a public elementary school or sec14 ondary school. 

15 (3) FEDERAL MEMBERS.— 

16 (A) DEPARTMENT OF EDUCATION MEM17 BERS.—The following officers of the Depart18 ment of Education shall serve as members of 

19 the Council: 

20 (i) The Assistant Secretary of the Of21 fice of Planning, Evaluation, and Policy 

22 Development. 

23 (ii) The Assistant Secretary of the Of24 fice of Special Education and Rehabilita25 tive Services. 


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1 (iii) The Assistant Secretary for Civil 

2 Rights. 

3 (iv) The Director for the Office of 

4 Early Learning. 

5 (v) The Director of the Office of Spe6 cial Education Programs. 

7 (B) HEALTH AND HUMAN SERVICES MEM8 BERS.—The following officers of the Adminis9 tration for Children and Families of the De10 partment of Health and Human Services shall 

11 serve as members of the Council: 

12 (i) The Director of the Office of Child 

13 Care. 

14 (ii) The Director of the Office of 

15 Head Start. 

16 (C) FEMA MEMBER.—The Administrator 

17 of the Federal Emergency Management Agency 

18 shall serve as a member of the Council. 

19 (4) ADDITIONAL REQUIREMENTS.—The chair20 person shall ensure that not less than 1 of the mem21 bers appointed under paragraph (2) has directly ex22 perienced, as a student, gun violence or another 

23 emergency event in which a lockdown protocol was 

24 enforced in an educational setting that was the pri25 mary target of the emergency event. 


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1 (c) MEETINGS.— 

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

3 its first meeting not later than 90 days after the 

4 date of enactment of this Act. 

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

6 the call of the chairperson. 

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

8 the Council shall constitute a quorum, but a lesser 

9 number of members may hold hearings. 

10 SEC. 5. DUTIES. 

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

12 relevant stakeholders, including students and educators, 

13 principals and other school leaders, childcare experts, dis14 ability advocates, civil rights advocates, law enforcement, 

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

16 the date of enactment of this Act. 

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

18 (1) study emergency response protocols, includ19 ing gun violence response and prevention protocols, 

20 natural disaster preparedness procedures, fire drills, 

21 and other emergency preparation drills or lockdown 

22 procedures, for educational settings including early 

23 childcare and education settings, elementary schools 

24 and secondary schools, and institutions of higher 

25 education; and 


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1 (2) conduct a complete and thorough review of 

2 the relevant literature and research surrounding 

3 emergency response protocols in such educational 

4 settings and the impact that emergency response 

5 protocols can have on specific populations of chil6 dren, youth, and employees, including the effects on 

7 children living in poverty and children of color. 

8 (c) RECOMMENDATIONS AND GUIDELINES.—After 

9 completing the study and review described in subsection 

10 (b), the Council shall provide— 

11 (1) recommendations that ensure that States, 

12 early childcare and education settings, local edu13 cational agencies, and institutions of higher edu14 cation are provided with accurate information about 

15 the needs of specific populations of children, youth, 

16 and employees during emergencies; 

17 (2) guidelines for States, early childcare and 

18 education settings, local educational agencies, and 

19 institutions of higher education to use in developing 

20 and implementing emergency response protocols, in21 cluding gun violence response and prevention proto22 cols, natural disaster preparedness procedures, fire 

23 drills, and other emergency preparation drills or 

24 lockdown procedures, that are inclusive and acces25 sible; and 


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1 (3) guidelines— 

2 (A) for the development and implementa3 tion of accessible, developmentally appropriate, 

4 culturally aware, and trauma-informed emer5 gency response protocols, including gun violence 

6 response and prevention protocols, natural dis7 aster preparedness procedures, fire drills, and 

8 other emergency preparation drills or lockdown 

9 procedures, that include information about— 

10 (i) preparedness drills, including dis11 cussions and seminars on emergency pre12 paredness, workshops, and full-scale emer13 gency simulations; 

14 (ii) emergency communications; 

15 (iii) training for educators, early 

16 childcare and education staff, administra17 tors, and support personnel, including— 

18 (I) training addressing implicit 

19 biases on the basis of race, national 

20 origin, socioeconomic status, religion, 

21 disability, and sex (including sexual 

22 orientation and gender identity); and 

23 (II) other training to ensure the 

24 nondiscriminatory application of pro25 tocols and treatment of students; 


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1 (iv) the use of technology; and 

2 (v) other issues determined appro3 priate by the Council; 

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

5 early childcare and education programs, local 

6 educational agencies, and institutions of higher 

7 education to develop and implement emergency 

8 response protocols, including gun violence re9 sponse and prevention protocols, natural dis10 aster preparedness procedures, fire drills, and 

11 other emergency preparation drills or lockdown 

12 procedures, that are inclusive and accessible; 

13 and 

14 (C) for States to create and develop rec15 ommendations for oversight for public elemen16 tary schools and secondary schools, early 

17 childcare and education settings, and institu18 tions of higher education to ensure any emer19 gency response protocols— 

20 (i) are inclusive and accessible; 

21 (ii) protect student privacy; and 

22 (iii) avoid exacerbating risk for chil23 dren and youth with disabilities, young 

24 children, employees, and other specific pop25 ulations. 


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

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

3 and submit to Congress a detailed report that contains— 

4 (1) findings from stakeholders related to the 

5 challenges faced by children and youth with disabil6 ities, young children, and other specific populations 

7 with regard to emergency response protocols, includ8 ing gun violence response and prevention protocols, 

9 natural disaster preparedness procedures, fire drills, 

10 and other emergency preparation drills or lockdown 

11 procedures; and 

12 (2) the recommendations and guidelines de13 scribed in subsection (c). 

14 SEC. 6. POWERS OF COUNCIL. 

15 (a) HEARINGS.—The Council may hold such hear16 ings, sit and act at such times and places, take such testi17 mony, and receive such evidence as the Council considers 

18 advisable to carry out this Act. 

19 (b) INFORMATION FROM FEDERAL AGENCIES.— 

20 (1) IN GENERAL.—The Council may secure di21 rectly from a Federal department or agency such in22 formation as the Council considers necessary to 

23 carry out this Act. 

24 (2) FURNISHING INFORMATION.—On request of 

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1 partment or agency shall furnish the information to 

2 the Council. 

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

4 United States mails in the same manner and under the 

5 same conditions as other departments and agencies of the 

6 Federal Government. 

7 SEC. 7. COUNCIL PERSONNEL MATTERS. 

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

9 the Council representing categories described in subpara10 graphs (G) through (K) of section 4(b)(2) shall be com11 pensated for their work for the Council. Such members 

12 may receive compensation at a rate equal to the daily 

13 equivalent of the annual rate of basic pay prescribed for 

14 level IV of the Executive Schedule under section 5315 of 

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

16 time) during which the members are engaged in the per17 formance of the duties of the Council. 

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

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

20 of subsistence, at rates authorized for employees of agen21 cies under subchapter I of chapter 57 of title 5, United 

22 States Code, while away from their homes or regular 

23 places of business in the performance of services for the 

24 Council. 

25 (c) STAFF.— 


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

2 Council may, without regard to the civil service laws 

3 (including regulations), appoint and terminate an ex4 ecutive director and such other additional personnel 

5 as may be necessary to enable the Council to per6 form its duties, except that the employment of an 

7 executive director shall be subject to confirmation by 

8 the Council. 

9 (2) COMPENSATION.—The chairperson of the 

10 Council may fix the compensation of the executive 

11 director and other personnel without regard to chap12 ter 51 and subchapter III of chapter 53 of title 5, 

13 United States Code, relating to classification of posi14 tions and General Schedule pay rates, except that 

15 the rate of pay for the executive director and other 

16 personnel may not exceed the rate payable for level 

17 V of the Executive Schedule under section 5316 of 

18 that title. 

19 (d) DETAIL OF GOVERNMENT EMPLOYEES.—A Fed20 eral Government employee may be detailed to the Council 

21 without reimbursement, and such detail shall be without 

22 interruption or loss of civil service status or privilege. 

23 (e) PROCUREMENT OF TEMPORARY AND INTERMIT24 TENT SERVICES.—The chairperson of the Council may 

25 procure temporary and intermittent services under section 


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1 3109(b) of title 5, United States Code, at rates for individ2 uals that do not exceed the daily equivalent of the annual 

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

4 Schedule under section 5316 of that title. 

5 SEC. 8. TERMINATION OF COUNCIL. 

6 The Council shall terminate 60 days after the date 

7 on which the Council submits the report required under 

8 section 5(d). 

9 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) IN GENERAL.—There is authorized to be appro11 priated to the Council to carry out this Act a total of 

12 $500,000 for fiscal years 2021 and 2022. 

13 (b) AVAILABILITY.—Any sums appropriated under 

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

15 limitation, until expended. 

Æ 


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