I 

111TH CONGRESS 

2D SESSION H. R. 5628 

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

IN THE HOUSE OF REPRESENTATIVES 

JUNE 29, 2010 

Mrs. MCCARTHY of New York (for herself, Mr. HARE, Mr. SCOTT of Virginia, 

Mr. HOLT, Mr. POLIS of Colorado, Ms. WOOLSEY, Mr. GRIJALVA, Ms. 

SHEA-PORTER, Mr. KUCINICH, Mr. PAYNE, Mr. ANDREWS, Mr. 

HINOJOSA, Mrs. DAVIS of California, Ms. HIRONO, Mr. PASCRELL, Mr. 

CAPUANO, Mr. MURPHY of Connecticut, and Mr. SESTAK) introduced the 

following bill; which was referred to the Committee on Education and 

Labor 

A BILL 

To end 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. 

4 This Act may be cited as the Ending Corporal Pun5 ishment in Schools Act. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Behavioral interventions for children must 

2 promote the right of all children to be treated with 

3 dignity. All children have the right to be free from 

4 any corporal punishment. 

5 (2) Safe, effective, evidence-based strategies are 

6 available to support children who display challenging 

7 behaviors in school settings. 

8 (3) School personnel have the right to work in 

9 a safe environment and should be provided training 

10 and support to prevent injury and trauma to them11 selves and others. 

12 (4) According to the Department of Education’s 

13 Technical Assistance Center on School-Wide Positive 

14 Behavior Interventions and Support, outcomes asso15 ciated with school-wide positive behavior support are 

16 decreased office discipline referrals, increased in17 structional time, decreased administrator time spent 

18 on discipline issues, efficient and effective use of 

19 scarce resources, and increased perception of school 

20 safety and sustainability through a team approach. 

21 (5) Twenty States continue to permit corporal 

22 punishment in public schools. 

23 (6) According to Department of Education sta24 tistics, each year in the United States, hundreds of 

25 thousands of school children are subjected to corVerDate Mar 15 2010 16:31 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5628.IH H5628

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1 poral punishment in public schools. School corporal 

2 punishment is usually executed in the form of ‘‘pad3 dling’’, or striking students with a wooden paddle on 

4 their buttocks or legs, which can result in abrasions, 

5 bruising, severe muscle injury, hematomas, whiplash 

6 damage, life-threatening hemorrhages, and other 

7 medical complications that may require hospitaliza8 tion. 

9 (7) Gross racial disparity exists in the execution 

10 of corporal punishment of public schoolchildren, and 

11 Black schoolchildren are disproportionately cor12 porally punished. The most recent available statistics 

13 show that African-American students make up 17.1 

14 percent of the national student population, but 35.6 

15 percent of all students subjected to physical punish16 ment at school. 

17 (8) Public schoolchildren with disabilities are 

18 subjected to corporal punishment at disproportion19 ately high rates, approximately twice the rate of the 

20 general student population in some States. 

21 (9) Corporal punishment is used in many in22 stances for minor disciplinary infractions, such as 

23 being tardy or violating the dress code. 

24 (10) Corporal punishment has resulted in phys25 ical injury and psychological trauma to children in 


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1 public and private schools. Social skills development 

2 after the use of corporal punishment may be severely 

3 altered, leading to aggressive behaviors. National re4 search shows students have been subjected to cor5 poral punishment in schools as a means of discipline, 

6 to force compliance, or as a substitute for appro7 priate educational support. 

8 (11) Children are protected from corporal pun9 ishment in other settings, such as hospitals, health 

10 facilities, Head Start programs, and nonmedical 

11 community-based facilities. Similar protections are 

12 needed in schools. 

13 (12) Prisoners in Federal prison are protected 

14 from corporal punishment. 

15 SEC. 3. PURPOSES. 

16 The purposes of this Act are to— 

17 (1) eliminate the use of corporal punishment in 

18 schools; 

19 (2) ensure the safety of all students and school 

20 personnel in schools and promote a positive school 

21 culture and climate; 

22 (3) assist States, local educational agencies, 

23 and schools in identifying and implementing effective 

24 evidence-based models to prevent and reduce— 

25 (A) corporal punishment in schools; 


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1 (B) aversive behavior interventions that 

2 compromise health and safety; and 

3 (C) physical, emotional, or psychological 

4 abuse. 

5 SEC. 4. PROHIBITION AGAINST CORPORAL PUNISHMENT. 

6 Subpart 4 of part C of the General Education Provi7 sions Act (20 U.S.C. 1232f et seq.) is amended by adding 

8 at the end the following: 

9 ‘‘SEC. 448. PROHIBITION AGAINST CORPORAL PUNISH10 MENT. 

11 ‘‘(a) GENERAL PROHIBITION.—No funds shall be 

12 made available under any applicable program to any edu13 cational agency or institution, including a local edu14 cational agency or State educational agency, that has a 

15 policy or practice which allows school personnel to inflict 

16 corporal punishment upon a student— 

17 ‘‘(1) as a form of punishment; or 

18 ‘‘(2) for the purpose of modifying undesirable 

19 behavior. 

20 ‘‘(b) LOCAL EDUCATIONAL AGENCY.— 

21 ‘‘(1) IN GENERAL.—In the case of an applicable 

22 program under which a local educational agency may 

23 only receive funds through a State educational agen24 cy that is prohibited under subsection (a) from re25 ceiving funds under any applicable program, a local 


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1 educational agency that is not prohibited under sub2 section (a) from receiving such funds may apply di3 rectly to the Secretary to receive funds under the 

4 program. 

5 ‘‘(2) CERTIFICATION.—Each local educational 

6 agency applying directly to the Secretary under 

7 paragraph (1) shall certify in such application that 

8 the agency is not prohibited under subsection (a) 

9 from receiving funds under any applicable program. 

10 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec11 tion shall be construed to preclude school personnel from 

12 using, within the scope of employment, reasonable re13 straint to the lightest possible degree upon a student, if— 

14 ‘‘(1) the student’s behavior poses an imminent 

15 danger of physical injury to the student, school per16 sonnel, or others; 

17 ‘‘(2) less restrictive interventions would be inef18 fective in stopping such imminent danger of physical 

19 injury; and 

20 ‘‘(3) the reasonable restraint ends immediately 

21 upon the cessation of the conditions described in 

22 paragraphs (1) and (2). 

23 ‘‘(d) DEFINITIONS.—For purposes of this section— 


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1 ‘‘(1) the term ‘corporal punishment’ means pad2 dling, spanking, or other forms of physical punish3 ment, however light, imposed upon a student; 

4 ‘‘(2) the term ‘educational agency or institution’ 

5 means any public or private agency or institution 

6 which is the recipient, or serves students who are re7 cipients of, funds under any applicable program; 

8 ‘‘(3) the terms ‘local educational agency’ and 

9 ‘State educational agency’ have the meanings given 

10 such terms in section 9101 of the Elementary and 

11 Secondary Education Act of 1965; 

12 ‘‘(4) the term ‘school personnel’ has the mean13 ing— 

14 ‘‘(A) given the term in section 4151(10) of 

15 the Elementary and Secondary Education Act 

16 of 1965 (20 U.S.C. 7161(10)); and 

17 ‘‘(B) given the term ‘school resource offi18 cer’ in section 4151(11) of the Elementary and 

19 Secondary Education Act of 1965 (20 U.S.C. 

20 7161(11)); and 

21 ‘‘(5) the term ‘student’ includes any person who 

22 is in attendance at an educational agency or institu23 tion.’’. 


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1 SEC. 5. STATE PLAN AND ENFORCEMENT. 

2 (a) STATE PLAN.—Not later than 18 months after 

3 the date of enactment of this Act and every third year 

4 thereafter, each State educational agency shall submit to 

5 the Secretary a State plan that provides— 

6 (1) assurances to the Secretary that the State 

7 has in effect policies and procedures that eliminate 

8 the use of corporal punishment in schools; 

9 (2) a description of the State’s policies and pro10 cedures; and 

11 (3) a description of the State plans to ensure 

12 school personnel and parents, including private 

13 school personnel and parents, are aware of the 

14 State’s policies and procedures. 

15 (b) ENFORCEMENT.— 

16 (1) IN GENERAL.— 

17 (A) USE OF REMEDIES.—If a State edu18 cational agency fails to comply with subsection 

19 (a), the Secretary shall— 

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

23 400(c) of the General Education Provi24 sions Act (20 U.S.C. 1221)) in accordance 

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

26 1234d); 


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1 (ii) enter into a compliance agreement 

2 in accordance with section 457 of the Gen3 eral Education Provisions Act (20 U.S.C. 

4 1234f); or 

5 (iii) issue a complaint to compel com6 pliance of the State educational agency 

7 through a cease and desist order, in the 

8 same manner the Secretary is authorized 

9 to take such action under section 456 of 

10 the General Education Provisions Act (20 

11 U.S.C. 1234e). 

12 (B) CESSATION OF WITHHOLDING OF

13 FUNDS.—Whenever the Secretary determines 

14 (whether by certification or other appropriate 

15 evidence) that a State educational agency who 

16 is subject to the withholding of payments under 

17 subparagraph (A)(i) has cured the failure pro18 viding the basis for the withholding of pay19 ments, the Secretary shall cease the withholding 

20 of payments with respect to the State edu21 cational agency under such subparagraph. 

22 (2) RULE OF CONSTRUCTION.—Nothing in this 

23 subsection shall be construed to limit the Secretary’s 

24 authority under the General Education Provisions 

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


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1 (c) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to preclude school personnel from 

3 using, within the scope of employment, reasonable re4 straint to the lightest possible degree upon a student, if— 

5 (1) the student’s behavior poses an imminent 

6 danger of physical injury to the student, school per7 sonnel, or others; 

8 (2) less restrictive interventions would be inef9 fective in stopping such imminent danger of physical 

10 injury; and 

11 (3) the reasonable restraint ends immediately 

12 upon the cessation of the conditions described in 

13 paragraphs (1) and (2). 

14 SEC. 6. GRANT AUTHORITY. 

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

16 under section 11, the Secretary may award grants to State 

17 educational agencies to assist the agencies in improving 

18 school climate and culture by implementing school-wide 

19 positive behavior support approaches. 

20 (b) DURATION OF GRANT.—A grant under this sec21 tion shall be awarded to a State educational agency for 

22 a 3-year period. 

23 (c) APPLICATION.—Each State educational agency 

24 desiring a grant under this section shall submit an appli25 cation to the Secretary at such time, in such manner, and 


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1 accompanied by such information as the Secretary may 

2 require, including information on how the State edu3 cational agency— 

4 (1) will develop State training programs on 

5 school wide-positive behavior support approaches, 

6 such as training programs developed with the assist7 ance of the Secretary (acting through the Office of 

8 Special Education Programs Technical Assistance 

9 Center on Positive Behavioral Interventions and 

10 Supports of the Department of Education); and 

11 (2) will target resources to schools and local 

12 educational agencies in need of assistance related to 

13 improving school culture and climate through posi14 tive behavior supports. 

15 (d) AUTHORITY TO MAKE SUBGRANTS.— 

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

17 receiving a grant under this section may use such 

18 grant funds to award subgrants, on a competitive 

19 basis, to local educational agencies. 

20 (2) APPLICATION.—A local educational agency 

21 desiring to receive a subgrant under this section 

22 shall submit an application to the applicable State 

23 educational agency at such time, in such manner, 

24 and containing such information as the State edu25 cational agency may require. 


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1 (e) PRIVATE SCHOOL PARTICIPATION.— 

2 (1) IN GENERAL.—A local educational agency 

3 receiving subgrant funds under this section shall, 

4 after timely and meaningful consultation with appro5 priate private school officials, ensure that private 

6 school personnel can participate, on an equitable 

7 basis, in activities supported by funds under this 

8 section. 

9 (2) PUBLIC CONTROL OF FUNDS.—The control 

10 of funds provided under this section, and title to ma11 terials, equipment, and property purchased with 

12 such funds, shall be in a public agency, and a public 

13 agency shall administer such funds, materials, equip14 ment, and property. 

15 (f) REQUIRED ACTIVITIES.—A State educational 

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

18 or subgrant funds to carry out the following: 

19 (1) Developing and implementing high-quality 

20 professional development and training programs, 

21 such as training programs developed with the assist22 ance of the Secretary (acting through the Office of 

23 Special Education Programs Technical Assistance 

24 Center on Positive Behavioral Interventions and 

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1 ment evidence-based systematic approaches to 

2 school-wide positive behavior supports, including im3 proving coaching, facilitation, and training capacity 

4 for principals and other administrators, teachers, 

5 specialized instructional support personnel, and 

6 other staff. 

7 (2) Providing technical assistance to develop 

8 and implement evidence-based systematic approaches 

9 to school-wide positive behavior supports, including 

10 technical assistance for data-driven decisionmaking 

11 related to behavioral supports and interventions in 

12 the classroom and throughout common areas. 

13 (3) Researching, evaluating, and disseminating 

14 high-quality evidence-based programs and activities 

15 that implement school-wide positive behavior sup16 ports with fidelity. 

17 (4) Supporting other local positive behavior 

18 support implementation activities consistent with 

19 this subsection, including outreach to families and 

20 community agencies and providers, such as mental 

21 health authorities. 

22 (g) EVALUATION AND REPORT.—Each State edu23 cational agency receiving a grant under this section shall, 

24 at the end of the 3-year grant period for such grant, pre25 pare and submit to the Secretary, a report that— 


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1 (1) evaluates the State’s progress toward devel2 oping and implementing evidence-based systematic 

3 approaches to school-wide positive behavior supports; 

4 and 

5 (2) includes such information as the Secretary 

6 may require. 

7 (h) DEPARTMENT OF THE INTERIOR.—From the 

8 amount appropriated under section 11, the Secretary may 

9 allocate funds to the Secretary of the Interior for activities 

10 under this section with respect to schools operated or 

11 funded by the Department of the Interior, under such 

12 terms as the Secretary of Education may prescribe. 

13 SEC. 7. NATIONAL ASSESSMENT. 

14 (a) NATIONAL ASSESSMENT.—The Secretary shall 

15 carry out a national assessment to— 

16 (1) determine compliance with the requirements 

17 of this Act; and 

18 (2) identify best practices with respect to pro19 fessional development and training programs carried 

20 out under section 6, which shall include identifying 

21 evidence-based school personnel training models with 

22 demonstrated success (including models that empha23 size positive behavior supports and de-escalation 

24 techniques over physical intervention). 


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1 (b) REPORT.—The Secretary shall submit to the 

2 Committee on Education and Labor of the House of Rep3 resentatives and the Committee on Health, Education, 

4 Labor, and Pensions of the Senate— 

5 (1) an interim report that summarizes the pre6 liminary findings of the assessment described in sub7 section (a) not later than 3 years after the date of 

8 enactment of this Act; and 

9 (2) a final report of the findings of the assess10 ment not later than 5 years after the date of the en11 actment of this Act. 

12 SEC. 8. PROTECTION AND ADVOCACY SYSTEMS. 

13 Protection and Advocacy Systems shall have the au14 thority provided under section 143 of the Developmental 

15 Disabilities Assistance and Bill of Rights Act of 2000 (42 

16 U.S.C. 15043) to investigate, monitor, and enforce protec17 tions provided for students under this Act. 

18 SEC. 9. LIMITATION OF AUTHORITY. 

19 (a) IN GENERAL.—Nothing in this Act shall be con20 strued to restrict or limit, or allow the Secretary to restrict 

21 or limit, any other rights or remedies otherwise available 

22 to students or parents under Federal, State, or local law 

23 or regulation. 

24 (b) APPLICABILITY.— 


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1 (1) PRIVATE SCHOOLS.—Nothing in this Act 

2 shall be construed to affect any private school that 

3 does not receive, or does not serve students who re4 ceive, support in any form from any program sup5 ported, in whole or in part, with funds appropriated 

6 to the Department of Education. 

7 (2) HOME SCHOOLS.—Nothing in this Act shall 

8 be construed to— 

9 (A) affect a home school, whether or not a 

10 home school is treated as a private school or 

11 home school under State law; or 

12 (B) consider parents who are schooling a 

13 child at home as school personnel. 

14 SEC. 10. RULE OF CONSTRUCTION ON DATA COLLECTION. 

15 Nothing in this Act shall be construed to affect the 

16 collection of information or data with respect to corporal 

17 punishment authorized under the statutes and regulations 

18 implementing title VI of the Civil Rights Act of 1964 (42 

19 U.S.C. 2000c), title IX of the Education Amendments of 

20 1972 (20 U.S.C. 1681 et seq.), section 504 of the Reha21 bilitation Act of 1973 (29 U.S.C. 794 et seq.), and the 

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

23 3401 et seq.). 


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1 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

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

4 2011 and each of the 4 succeeding fiscal years. 

5 SEC. 12. DEFINITIONS. 

6 In this Act: 

7 (1) CORPORAL PUNISHMENT.—The term ‘‘cor8 poral punishment’’ means paddling, spanking, or 

9 other forms of physical punishment, however light, 

10 imposed upon a student. 

11 (2) EDUCATIONAL SERVICE AGENCY.—The 

12 term ‘‘educational service agency’’ has the meaning 

13 given such term in section 9101(17) of the Elemen14 tary and Secondary Education Act of 1965 (20 

15 U.S.C. 7801(17)). 

16 (3) ELEMENTARY SCHOOL.—The term ‘‘elemen17 tary school’’ has the meaning given the term in sec18 tion 9101(18) of the Elementary and Secondary 

19 Education Act of 1965 (20 U.S.C. 7801(18)). 

20 (4) LOCAL EDUCATIONAL AGENCY.—The term 

21 ‘‘local educational agency’’ has the meaning given 

22 the term in section 9101(26) of the Elementary and 

23 Secondary Education Act of 1965 (20 U.S.C. 

24 7801(26)). 

25 (5) PARENT.—The term ‘‘parent’’ has the 

26 meaning given the term in section 9101(31) of the 


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1 Elementary and Secondary Education Act of 1965 

2 (20 U.S.C. 7801(31)). 

3 (6) POSITIVE BEHAVIOR SUPPORTS.—The term 

4 ‘‘positive behavior supports’’ means a systematic ap5 proach to embed evidence-based practices and data6 driven decisionmaking to improve school climate and 

7 culture, including a range of systemic and individ8 ualized strategies to reinforce desired behaviors and 

9 diminish reoccurrence of problem behaviors, in order 

10 to achieve improved academic and social outcomes 

11 and increase learning for all students, including 

12 those with the most complex and intensive behav13 ioral needs. 

14 (7) 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 (8) SCHOOL.—The term ‘‘school’’ means an en21 tity— 

22 (A) that— 

23 (i) is a public or private— 

24 (I) day or residential elementary 

25 school or secondary school; or 


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1 (II) early childhood, elementary 

2 school, or secondary school program 

3 that is under the jurisdiction of a 

4 school, local educational agency, edu5 cational service agency, or other edu6 cational institution or program; and 

7 (ii) receives, or serves students who 

8 receive, support in any form from any pro9 gram supported, in whole or in part, with 

10 funds appropriated to the Department of 

11 Education; or 

12 (B) that is a school funded or operated by 

13 the Department of the Interior. 

14 (9) SCHOOL PERSONNEL.—The term ‘‘school 

15 personnel’’ has the meaning— 

16 (A) given the term in section 4151(10) of 

17 the Elementary and Secondary Education Act 

18 of 1965 (20 U.S.C. 7161(10)); and 

19 (B) given the term ‘‘school resource offi20 cer’’ in section 4151(11) of the Elementary and 

21 Secondary Education Act of 1965 (20 U.S.C. 

22 7161(11)). 

23 (10) SPECIALIZED INSTRUCTIONAL SUPPORT

24 PERSONNEL.—The term ‘‘specialized instructional 

25 support personnel’’ means school counselors, school 


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1 social workers, school nurses, school psychologists, 

2 and other qualified professional personnel involved in 

3 providing assessment, diagnosis, counseling, edu4 cational, health, therapeutic, and other necessary 

5 corrective or supportive services. 

6 (11) SECONDARY SCHOOL.—The term ‘‘sec7 ondary school’’ has the meaning given the term in 

8 section 9101(38) of the Elementary and Secondary 

9 Education Act of 1965 (20 U.S.C. 7801(38)). 

10 (12) SECRETARY.—The term ‘‘Secretary’’ 

11 means the Secretary of Education. 

12 (13) STATE.—The term ‘‘State’’ has the mean13 ing given the term in section 9101 of the Elemen14 tary and Secondary Education Act of 1965 (20 

15 U.S.C. 7801). 

16 (14) STATE EDUCATIONAL AGENCY.—The term 

17 ‘‘State educational agency’’ has the meaning given 

18 the term in section 9101(41) of the Elementary and 

19 Secondary Education Act of 1965 (20 U.S.C. 

20 7801(41)). 

21 (15) STUDENT.—The term ‘‘student’’ means a 

22 student enrolled in a school defined in paragraph 

23 (8). 


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1 SEC. 13. PRESUMPTION OF CONGRESS RELATING TO COM2 PETITIVE PROCEDURES. 

3 (a) PRESUMPTION.—It is the presumption of Con4 gress that grants awarded under this Act will be awarded 

5 using competitive procedures based on merit. 

6 (b) REPORT TO CONGRESS.—If grants are awarded 

7 under this Act using procedures other than competitive 

8 procedures, the Secretary shall submit to Congress a re9 port explaining why competitive procedures were not used. 

10 SEC. 14. PROHIBITION ON EARMARKS. 

11 None of the funds appropriated to carry out this Act 

12 may be used for a congressional earmark as defined in 

13 clause 9e, of rule XXI of the rules of the House of Rep14 resentatives of the 111th Congress. 

Æ 


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