I 

112TH CONGRESS 

1ST SESSION H. R. 3165 

To amend the Elementary and Secondary Education Act of 1965 to allow 

State educational agencies, local educational agencies, and schools to 

increase implementation of school-wide positive behavior supports. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 12, 2011 

Mr. DAVIS of Illinois (for himself, Mr. PLATTS, Mr. SCOTT of Virginia, and 

Mr. MURPHY of Connecticut) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965 to allow State educational agencies, local educational agencies, and schools to increase implementation 

of school-wide positive behavior supports. 

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 ‘‘Positive Behavior for 

5 Safe and Effective Schools Act’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 


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1 (1) Educators, parents, and the general public 

2 cite ineffective school discipline policies as a leading 

3 challenge facing many public schools. 

4 (2) Overly harsh, nondiscretionary school dis5 cipline practices that address even minor mis6 behavior through suspension, expulsion, metal detec7 tors, surveillance cameras, and arrest are ineffective 

8 and counterproductive. 

9 (3) Research shows that ‘‘get tough’’ ap10 proaches to discipline reinforce bad behavior and 

11 predict higher future rates of misbehavior among 

12 suspended students. 

13 (4) However, suspensions and expulsions are on 

14 the rise nationally, and according to the United 

15 States Department of Education Office of Civil 

16 Rights during the 2005–2006 school year over 

17 3,300,000 students were suspended at least once 

18 and over 100,000 students were expelled. 

19 (5) Students of color and students with disabil20 ities are more likely to be suspended or expelled than 

21 their peers for similar disciplinary incidents. 

22 (6) There is a high correlation between school 

23 discipline and the student dropout rate. Suspended 

24 students are more likely to be retained, to dropout, 


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1 to engage in delinquent activity, and to become in2 volved in the juvenile or criminal justice system. 

3 (7) Teachers are also more likely to ‘‘dropout’’ 

4 of our schools because of school discipline issues. A 

5 2005 national survey found that 44 percent of 

6 teachers, and 39 percent of highly qualified teachers, 

7 listed school discipline as a reason for leaving the 

8 profession. 

9 (8) Learning is linked to student behavior. Suc10 cessful schools implement high academic and behav11 ior standards, where improvements in student behav12 ior and school climate are correlated with improved 

13 academic outcomes. 

14 (9) Evidence-based and scientifically valid prac15 tices for improving behavior and creating a school 

16 climate more conducive to learning such as school17 wide positive behavior supports, have not been wide18 ly adopted, accurately implemented, or sustained. 

19 (10) Effective implementation of school-wide 

20 positive behavior supports is linked to greater aca21 demic achievement, significantly fewer disciplinary 

22 problems, lower suspension and expulsion rates, and 

23 increased time for instruction. 

24 (11) Early intervening services are an effective 

25 strategy for instructional support. Following impleVerDate Mar 15 2010 05:18 Oct 13, 2011 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3165.IH H3165

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1 mentation of school-wide positive behavior supports, 

2 out-of-school suspensions at an elementary school in 

3 Illinois decreased 85 percent, from 243 to 37 or 

4 fewer in 2 subsequent years, with a resultant gain 

5 of 386 days of instructional time. The percentage of 

6 students meeting or exceeding proficiency on State 

7 standards increased measurably. 

8 (12) Many problems can be prevented or mini9 mized with early intervening services that have been 

10 shown to be effective and reduce the need for more 

11 intensive and more costly interventions. Upon imple12 menting such supports, an elementary school in 

13 Maryland witnessed a decrease in office discipline re14 ferrals for major rule violations by 42 percent, re15 couping 119 days of instructional time for students, 

16 and 40 days of administrator time within 1 school 

17 year. 

18 (13) Schools that implement school-wide posi19 tive behavior supports are perceived by teachers to 

20 be safer teaching environments. In South Carolina, 

21 a school using a system of positive behavior supports 

22 found that teacher transfer requests declined by 100 

23 percent and teacher absence days decreased by 36 

24 percent. 


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1 (14) When approaches such as school-wide posi2 tive behavior supports are employed, all students, in3 cluding those with significant and challenging behav4 iors, can succeed. 

5 (b) PURPOSES.—The purposes of this Act are to ex6 pand the use of school-wide positive behavior supports in 

7 schools in order to systematically create a school climate 

8 that is highly conducive to learning, to reduce discipline 

9 referrals, and to improve student academic outcomes. 

10 SEC. 3. DEFINITION OF POSITIVE BEHAVIOR SUPPORTS. 

11 In this Act, the term ‘‘positive behavior supports’’ 

12 means a systematic approach to embed proven practices 

13 for early intervening services, including a range of sys14 temic and individualized strategies to reinforce desired be15 haviors and eliminate reinforcement for problem behav16 iors, in order to achieve important social outcomes and 

17 increase learning, while preventing problem behaviors for 

18 all students including those with the most complex and 

19 intensive behavioral needs. 

20 SEC. 4. SCHOOL-WIDE POSITIVE BEHAVIOR SUPPORTS. 

21 (a) FLEXIBILITY TO USE TITLE I FUNDS TO IMPLE22 MENT SCHOOL-WIDE POSITIVE BEHAVIOR SUPPORTS.— 

23 (1) IN GENERAL.—Section 1003(b) of the Ele24 mentary and Secondary Education Act of 1965 (20 

25 U.S.C. 6303(b)) is amended— 


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1 (A) by redesignating paragraphs (1) and 

2 (2) as subparagraphs (A) and (B), respectively; 

3 (B) by inserting ‘‘(1)’’ before ‘‘Of the 

4 amount’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(2) Of the amount reserved under subsection 

7 (a) for any fiscal year, the State educational agency 

8 may allocate funds to develop and implement coordi9 nated, early intervening services (including school10 wide positive behavior supports) for all students, in11 cluding those who have not been identified as need12 ing special education but who need additional aca13 demic and behavioral support to succeed in a general 

14 education environment. Funds so allocated shall 

15 be— 

16 ‘‘(A) aligned with funds authorized under 

17 section 613(f) of the Individuals with Disabil18 ities Education Act; and 

19 ‘‘(B) used to supplement, and not sup20 plant, funds made available under such Act for 

21 such activities and services.’’. 

22 (2) TECHNICAL ASSISTANCE.—The Elementary 

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

24 6301 et seq.) is amended— 

25 (A) in section 1116(b)(4)(B)— 


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1 (i) by redesignating clauses (iii) and 

2 (iv) as clauses (iv) and (v), respectively; 

3 and 

4 (ii) by inserting after clause (ii) the 

5 following: 

6 ‘‘(iii) shall include assistance in imple7 mentation of school-wide positive behavior 

8 supports and other approaches with evi9 dence of effectiveness for improving the 

10 learning environment in the school and re11 ducing the need for suspensions, expul12 sions, corporal punishment, referrals to law 

13 enforcement, and other actions that re14 move students from instruction;’’; 

15 (B) in section 1117(a)(3), by inserting 

16 ‘‘any technical assistance center on school-wide 

17 positive behavior supports funded under section 

18 665(b) of the Individuals with Disabilities Edu19 cation Act,’’ after ‘‘2002),’’; and 

20 (C) in section 1117(a)(5)(B)— 

21 (i) by redesignating clauses (iii) and 

22 (iv) as clauses (iv) and (v), respectively; 

23 and 

24 (ii) by inserting after clause (ii) the 

25 following: 


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1 ‘‘(iii) review the number of discipline 

2 referrals in the school and the overall 

3 school climate and engagement of families, 

4 and use that information to assist the 

5 school to implement school-wide positive 

6 behavior supports or other early inter7 vening services, or both;’’. 

8 (b) LEA FLEXIBILITY TO IMPROVE SCHOOL CLI9 MATE.—Section 1114(b)(1)(B)(iii)(I) of the Elementary 

10 and Secondary Education Act of 1965 (20 U.S.C. 

11 6314(b)(1)(B)(iii)(I)) is amended— 

12 (1) by redesignating items (bb) and (cc) as 

13 items (cc) and (dd), respectively; and 

14 (2) by inserting after item (aa) the following: 

15 ‘‘(bb) improving the learning 

16 environment in the school, includ17 ing the implementation of school18 wide positive behavior supports, 

19 in order to improve academic 

20 outcomes for students and reduce 

21 the need for suspensions, expul22 sions, corporal punishment, refer23 rals to law enforcement, and 

24 other actions that remove stu25 dents from instruction;’’. 


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1 SEC. 5. TEACHER AND PRINCIPAL PREPARATION TO IM2 PROVE SCHOOL CLIMATE. 

3 Section 2122(c)(2) of the Elementary and Secondary 

4 Education Act of 1965 (20 U.S.C. 6622(c)(2)) is amend5 ed— 

6 (1) by striking ‘‘subject matter knowledge and 

7 teaching skills’’ and inserting ‘‘subject matter knowl8 edge, teaching skills, and an understanding of social 

9 or emotional, or both, learning in children and ap10 proaches that improve the school climate for learn11 ing (such as school-wide positive behavior sup12 ports)’’; and 

13 (2) by inserting ‘‘to improve the teachers’ 

14 schools’ climate for learning’’ after ‘‘instructional 

15 leadership skills to help teachers’’. 

16 SEC. 6. SAFE AND DRUG FREE SCHOOLS AND COMMU17 NITIES. 

18 Section 4002 of the Elementary and Secondary Edu19 cation Act of 1965 (20 U.S.C. 7102) is amended— 

20 (1) by redesignating paragraphs (1) through 

21 (4) as paragraphs (2) through (5), respectively; and 

22 (2) by striking all that precedes paragraph (2) 

23 and inserting the following: ‘‘The purpose of this 

24 part is to support programs that improve the whole 

25 school climate in order to foster learning, including 

26 programs that prevent discipline problems, that reVerDate Mar 15 2010 05:18 Oct 13, 2011 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3165.IH H3165

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1 duce the need for suspensions, expulsions, corporal 

2 punishment, referrals to law enforcement, and other 

3 actions that remove students from instruction, that 

4 prevent violence in and around schools, that prevent 

5 the illegal use of alcohol, tobacco, and drugs, that 

6 promote meaningful family engagement in education, 

7 and that are coordinated with related Federal, State, 

8 school, and community efforts and resources to fos9 ter a safe and drug-free learning environment that 

10 supports student academic achievement, through the 

11 provision of Federal assistance to— 

12 ‘‘(1) States for grants to local educational agen13 cies and consortia of such agencies to establish, op14 erate, and improve local programs relating to im15 proving the school-wide climate (including implemen16 tation of school-wide positive behavior supports);’’. 

17 SEC. 7. EARLY INTERVENING SERVICES UNDER SCHOOL 

18 COUNSELORS PROGRAM. 

19 Section 5421(b)(2) of the Elementary and Secondary 

20 Education Act of 1965 (20 U.S.C. 7245(b)(2)) is amend21 ed— 

22 (1) by redesignating subparagraphs (C) through 

23 (H) as subparagraphs (D) through (I), respectively; 

24 and 


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1 (2) by inserting after subparagraph (B) the fol2 lowing: 

3 ‘‘(C) describe how the local educational 

4 agency will address the need for early inter5 vening services that improve the school climate 

6 for learning and reduce the need for suspen7 sions, expulsions, corporal punishment, referrals 

8 to law enforcement, and other actions that re9 move students from instruction, such as 

10 through school-wide positive behavior sup11 ports;’’. 

12 SEC. 8. SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES. 

13 (a) IN GENERAL.—The Secretary of Education, act14 ing through the Office of the Deputy Secretary, shall ad15 minister, coordinate, implement, and ensure adequate 

16 evaluation of the effectiveness of programs and activities 

17 concerned with providing specialized instructional support 

18 services in schools, delivered by trained, qualified special19 ized instructional support personnel. In carrying out this 

20 subsection, the Secretary shall support activities to— 

21 (1) improve specialized instructional support 

22 services in schools in order to improve academic 

23 achievement and educational results for students; 

24 (2) identify scientifically valid practices in spe25 cialized instructional support services that support 


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1 learning and improve academic achievement and 

2 educational results for students; 

3 (3) provide continuous training and professional 

4 development opportunities for specialized instruc5 tional support personnel and other school personnel 

6 in the use of effective techniques to address aca7 demic, behavioral, and functional needs; 

8 (4) provide technical assistance to local edu9 cational agencies and State educational agencies in 

10 the provision of effective, scientifically valid, special11 ized instructional support services; 

12 (5) coordinate specialized instructional support 

13 services programs and services in schools between 

14 the Department of Education and other Federal 

15 agencies, as appropriate; and 

16 (6) ensure evaluation of the effectiveness of the 

17 activities described in this subsection. 

18 (b) SPECIALIZED INSTRUCTIONAL SUPPORT PER19 SONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT SERV20 ICES.—In this section: 

21 (1) SPECIALIZED INSTRUCTIONAL SUPPORT

22 PERSONNEL.—The term ‘‘specialized instructional 

23 support personnel’’ means school counselors, school 

24 social workers, school psychologists, and other quali25 fied professional personnel involved in providing asVerDate Mar 15 2010 05:18 Oct 13, 2011 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3165.IH H3165

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1 sessment, diagnosis, counseling, educational, thera2 peutic, and other necessary corrective or supportive 

3 services (including related services, as such term is 

4 defined in section 602 of the Individuals with Dis5 abilities Education Act) as part of a comprehensive 

6 program to meet student needs. 

7 (2) SPECIALIZED INSTRUCTIONAL SUPPORT

8 SERVICES.—The term ‘‘specialized instructional sup9 port services’’ means the services provided by spe10 cialized instructional support personnel, including 

11 any other corrective or supportive services to meet 

12 student needs. 

13 SEC. 9. DEFINITION IN ELEMENTARY AND SECONDARY 

14 EDUCATION ACT OF 1965. 

15 Section 9101 of the Elementary and Secondary Edu16 cation Act of 1965 (20 U.S.C. 7801) is amended— 

17 (1) by redesignating paragraphs (20) through 

18 (32) as paragraphs (21) through (33); 

19 (2) by inserting after paragraph (19) the fol20 lowing: 

21 ‘‘(20) FAMILY ENGAGEMENT IN EDUCATION.— 

22 The term ‘family engagement in education’ means a 

23 shared responsibility— 

24 ‘‘(A) of families and schools for student 

25 success, in which schools and community-based 


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1 organizations are committed to reaching out to 

2 engage families in meaningful ways and families 

3 are committed to actively supporting their chil4 dren’s learning and development; and 

5 ‘‘(B) that is continuous from birth through 

6 young adulthood and reinforces learning that 

7 takes place in the home, school, and commu8 nity.’’; 

9 (3) by redesignating the first paragraph (33) 

10 through paragraph (42) as paragraphs (35) through 

11 (44), respectively; and 

12 (4) by inserting after paragraph (32) the fol13 lowing: 

14 ‘‘(33) POSITIVE BEHAVIOR SUPPORTS.—The 

15 term ‘positive behavior supports’ means a systematic 

16 approach to embed proven practices for early inter17 vening services, including a range of systemic and 

18 individualized strategies to reinforce desired behav19 iors and eliminate reinforcement for problem behav20 iors, in order to achieve important social outcomes 

21 and increase student learning, while preventing 

22 problem behaviors.’’. 

Æ 


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