Ending PUSHOUT Act of 2023

Subjects: Education


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2690 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 2690

 To reduce exclusionary discipline practices in schools, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 18, 2023

Ms. Pressley (for herself, Ms. Omar, Mrs. Watson Coleman, Mrs. Beatty, 
 Mr. Bowman, Ms. Clarke of New York, Ms. Adams, Mr. Casar, Ms. Jacobs, 
 Ms. Tlaib, Mr. Carter of Louisiana, Ms. Ocasio-Cortez, Mr. Johnson of 
 Georgia, Ms. Lee of California, Ms. Velazquez, Ms. Meng, Mr. Green of 
   Texas, Mr. Trone, Ms. Jayapal, and Mr. DeSaulnier) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL


 
 To reduce exclusionary discipline practices in schools, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ending Punitive, Unfair, School-
based Harm that is Overt and Unresponsive to Trauma Act of 2023'' or 
the ``Ending PUSHOUT Act of 2023''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to--
            (1) strengthen data collection related to exclusionary 
        discipline practices in schools and the discriminatory 
        application of such practices, which disproportionately pushes 
        students of color, particularly girls of color, out of school;
            (2) eliminate the discriminatory use and overuse of 
        exclusionary discipline practices based on actual or perceived 
        race, ethnicity, color, national origin, sex (including sexual 
        orientation, gender identity, pregnancy, childbirth, a medical 
        condition related to pregnancy or childbirth, parenting status, 
        or other stereotype related to sex), or disability;
            (3) eliminate all unnecessary loss of instructional time 
        due to unsound or excessive use of formal and informal 
        disciplinary removal from instructional settings; and
            (4) prevent the criminalization and pushout of students 
        from school, especially Black and Brown girls, as a result of 
        educational barriers that include discrimination, 
        adultification, punitive discipline policies and practices, and 
        a failure to recognize and support students with mental health 
        needs or experiencing trauma.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Act of insubordination.--The term ``act of 
        insubordination'' means an act that disrupts a school activity 
        or instance when a student willfully defies the valid authority 
        of a school official.
            (2) Appearance or grooming policy.--The term ``appearance 
        or grooming policy'' means any practice, policy, or portion of 
        a student conduct code that governs or restricts the appearance 
        of students, including policies that--
                    (A) restrict or prescribe clothing that a student 
                may wear (including hijabs, headwraps, or bandanas);
                    (B) restrict specific hair styles (such as braids, 
                locs, twists, Bantu knots, cornrows, extensions, or 
                afros); or
                    (C) restrict whether or how a student may apply 
                make-up, nail polish, or other cosmetics.
            (3) Chemical restraint.--The term ``chemical restraint'' 
        means a drug or medication used on a student to control 
        behavior or restrict freedom of movement that is not--
                    (A) prescribed by a licensed physician, or other 
                qualified health professional acting under the scope of 
                the professional's authority under State law, for the 
                standard treatment of a student's medical or 
                psychiatric condition; and
                    (B) administered as prescribed by a licensed 
                physician or other qualified health professional acting 
                under the scope of the authority of a health 
                professional under State law.
            (4) Corporal punishment.--The term ``corporal punishment'' 
        means, with respect to a student, a deliberate act which causes 
        the student to feel physical pain for the purpose of 
        discipline, including an act of physical force, such as 
        striking, spanking, or paddling, inflicted on a student's body, 
        requiring a student to assume a painful physical position, or 
        the use of chemical sprays, electroshock weapons, or stun guns 
        on a student's body.
            (5) Culturally sustaining.--The term ``culturally 
        sustaining'' describes educational practices that encourage 
        students to bring their cultural and linguistic assets and life 
        experiences to a school community. Culturally sustaining 
        practices incorporate those assets and experiences into 
        coursework and the social fabric of a school.
            (6) Direct supervision.--The term ``direct supervision'' 
        means a student is physically in the same location as a school 
        official and such student is under the care of the school 
        official or school.
            (7) Disability.--The term ``disability'' means a mental or 
        physical disability that meets the conditions set forth in 
        clauses (i) and (ii) of section 602(3)(A) of the Individuals 
        with Disabilities Education Act (20 U.S.C. 1401(3)(A)(i) and 
        (ii)) or in section 504 of the Rehabilitation Act (29 U.S.C. 
        794).
            (8) Disciplinary alternative school.--The term 
        ``disciplinary alternative school'' means a short- or long-term 
        educational setting to which a student is sent for disciplinary 
        or behavioral reasons for a specified amount of time before 
        being allowed to return to their regular school setting.
            (9) Elementary and secondary education act terms.--The 
        terms ``elementary school'', ``English learner'', ``local 
        educational agency'', ``secondary school'', and ``State 
        educational agency'' has the meanings given such terms in 
        section 8101 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7801).
            (10) Exclusionary discipline.--The term ``exclusionary 
        discipline'' describes school policies and practices, whether 
        formal or informal action of school officials or by law 
        enforcement, used to discipline students by removing them from 
        their regular learning environment.
            (11) Gender identity.--The term ``gender identity'' means 
        the gender-related identity, appearance, mannerisms, or other 
        gender-related characteristics of an individual regardless of 
        the designated sex at birth of the individual.
            (12) Informal removal.--The term ``informal removal'' means 
        an administrative removal of a student from the learning 
        environment for part or all of the school day, or an indefinite 
        period of time, without documenting the removal as a suspension 
        or expulsion or engaging in formalized disciplinary processes.
            (13) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304(e)).
            (14) In-school suspension.--The term ``in-school 
        suspension'' means an instance in which a student is 
        temporarily removed from a regular classroom for at least half 
        a day but remains under the direct supervision of a school 
        official.
            (15) Mechanical restraint.--The term ``mechanical 
        restraint'' has the meaning given the term in section 595(d)(1) 
        of the Public Health Service Act (42 U.S.C. 290jj(d)(1)), 
        except that the meaning shall be applied by substituting 
        ``student'' for ``resident''.
            (16) Multi-tiered system of supports.--The term ``multi-
        tiered system of supports'' means a comprehensive continuum of 
        evidence-based, systemic practices to support a rapid response 
        to the needs of students, with regular observation to 
        facilitate data-based instructional decision making.
            (17) Out-of-school suspension.--The term ``out-of-school 
        suspension'' means an instance in which a student is excluded 
        from their school for disciplinary reasons by temporarily being 
        removed from regular classes to another setting, including a 
        home, virtual school placement, alternative school placement, 
        disciplinary alternative school, or behavior center, regardless 
        of whether such disciplinary removal is deemed as a suspension 
        by school officials.
            (18) Physical escort.--The term ``physical escort'' has the 
        meaning given the term in section 595(d)(2) of the Public 
        Health Service Act (42 U.S.C. 290jj(d)(2)), except that the 
        meaning shall be applied by substituting ``student'' for 
        ``resident''.
            (19) Physical restraint.--The term ``physical restraint'' 
        means a personal restriction that immobilizes or reduces the 
        ability of an individual to move the individual's arms, legs, 
        torso, or head freely, except that such term does not include a 
        physical escort, mechanical restraint, or chemical restraint.
            (20) Positive behavioral interventions and supports.--The 
        term ``positive behavioral interventions and supports'' means a 
        schoolwide, systematic approach that embeds evidence-based 
        practices and data-driven decision-making to improve school 
        climate and culture in order to achieve improved academic and 
        social outcomes and increase learning for all students 
        (including students with the most complex and intensive 
        behavioral needs) and encompasses a range of systemic and 
        individualized positive strategies to teach and reinforce 
        school-expected behaviors, while discouraging and diminishing 
        undesirable behaviors.
            (21) Pushout.--The term ``pushout'' means an instance when 
        a student leaves elementary, middle or secondary school, 
        including a forced transfer to another school, prior to 
        graduating secondary school due to overuse of exclusionary 
        discipline practices, failure to address trauma or other mental 
        health needs, discrimination, or other educational barriers 
        that do not support or promote the success of a student.
            (22) School-based law enforcement officer.--The term 
        ``school-based law enforcement officer'' means an individual 
        who--
                    (A) is--
                            (i) assigned by a law enforcement agency to 
                        a secondary or elementary school or local 
                        educational agency;
                            (ii) contracting with a secondary or 
                        elementary school or local educational agency; 
                        or
                            (iii) employed by a secondary or elementary 
                        school or local educational agency;
                    (B) has the legal power to detain, arrest, issue a 
                citation, perform a custodial investigation, or refer a 
                person to a criminal or juvenile court;
                    (C) meets the definition of a law enforcement 
                personnel under State law; or
                    (D) may be referred to as a ``school resource 
                officer'', a ``sworn law enforcement officer'', or a 
                ``school police officer''.
            (23) School official.--The term ``school official'' means 
        an educator, school principal, administrator, or other 
        personnel, not considered school-based law enforcement, engaged 
        in the performance of duties with respect to a school.
            (24) Seclusion.--The term ``seclusion'' means the 
        involuntary confinement of a student alone in a room or area 
        where the student is physically prevented from leaving, and 
        does not include a time out.
            (25) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (26) Serious bodily injury.--The term ``serious bodily 
        injury'' has the meaning given that term in section 1365(h)(3) 
        of title 18, United States Code.
            (27) Sexual orientation.--The term ``sexual orientation'' 
        means how a person identifies in terms of their emotional, 
        romantic, or sexual attraction, and includes identification as 
        straight, heterosexual, gay, lesbian, or bisexual, among other 
        terms.
            (28) Special education school.--The term ``special 
        education school'' means a school that focuses primarily on 
        serving the needs of students who qualify as ``a child with a 
        disability'' as that term is defined under section 602(3)(A)(i) 
        of the Individuals with Disabilities Education Act (20 U.S.C. 
        1401(3)(A)(i)) or are subject to section 504 of the 
        Rehabilitation Act of 1973 (29 U.S.C. 794).
            (29) Threat assessment.--The term ``threat assessment'' 
        means actions consisting of referrals or meetings initiated by 
        a member of school staff, administrator, school counselor, or 
        educator that include law enforcement officers to assess 
        whether a student constitutes a threat or risk to self or 
        others.
            (30) Time out.--The term ``time out'' has the meaning given 
        the term in section 595(d)(5) of the Public Health Service Act 
        (42 U.S.C. 290jj(d)(5)), except that the meaning shall be 
        applied by substituting ``student'' for ``resident''.
            (31) Trauma-informed services.--The term ``trauma-informed 
        services'' means a service delivery approach that--
                    (A) recognizes and responds to the impacts of 
                trauma with evidence-based supports and intervention;
                    (B) emphasizes physical, psychological, and 
                emotional safety for both providers of services and 
                survivors of trauma; and
                    (C) creates opportunities for survivors of trauma 
                to rebuild a sense of healing and empowerment.
            (32) Zero-tolerance policy.--The term ``zero-tolerance 
        policy'' is a school discipline policy that results in an 
        automatic disciplinary consequence, including out-of-school 
        suspension, expulsion, and involuntary school transfer.

SEC. 4. STRENGTHENING CIVIL RIGHTS DATA COLLECTION WITH RESPECT TO 
              EXCLUSIONARY DISCIPLINE IN SCHOOLS.

    (a) In General.--The Assistant Secretary for Civil Rights shall 
annually carry out data collection, while maintaining appropriate 
safety and privacy standards, authorized under section 203(c)(1) of the 
Department of Education Organization Act (20 U.S.C. 3413(c)(1)), which 
shall include data with respect to students enrolled in a public 
preschool, elementary, or secondary school (including traditional 
public, charter, virtual, special education school, and alternative 
schools or placements) who received the following disciplinary actions 
during the preceding school year:
            (1) Suspension (including the classification of the 
        suspension as in-school suspension or out-of-school 
        suspension), which shall include data with respect to--
                    (A) the number of students who were suspended, 
                disaggregated and cross-tabulated by type of suspension 
                and by--
                            (i) enrollment in a preschool or in an 
                        elementary school and secondary school by grade 
                        level;
                            (ii) race;
                            (iii) ethnicity;
                            (iv) sex (including, to the extent 
                        possible, sexual orientation and gender 
                        identity);
                            (v) low-income status;
                            (vi) disability status (including students 
                        eligible for disability under the Individuals 
                        with Disabilities Education Act (20 U.S.C. 1401 
                        et. seq.) or section 504 of the Rehabilitation 
                        Act of 1973 (29 U.S.C. 10 794));
                            (vii) English learner status;
                            (viii) foster care status;
                            (ix) housing status, to the extent 
                        possible;
                            (x) Tribal citizenship or descent, in the 
                        first or second degree, of an Indian Tribe, to 
                        the extent possible; and
                            (xi) pregnant and parenting student status, 
                        to the extent possible;
                    (B) the number and length of suspensions;
                    (C) the reason for each such suspension, 
                including--
                            (i) a violation of a zero-tolerance policy 
                        and whether such violation was due to a violent 
                        or nonviolent offense;
                            (ii) a violation of an appearance policy, 
                        dress code, or grooming policy;
                            (iii) an act of insubordination;
                            (iv) willful defiance; and
                            (v) a violation of a school code of 
                        conduct; and
                    (D) the number of days of lost instruction due to 
                each out-of-school and in-school suspension.
            (2) Expulsion, including agreements to withdraw a child 
        from school in lieu of an expulsion process, which shall 
        include data with respect to--
                    (A) the number of students who were expelled, 
                disaggregated and cross-tabulated as outlined under 
                clauses (i) through (xi) of subsection (a)(1)(A); and
                    (B) the reason for each such expulsion, including--
                            (i) a violation of a zero-tolerance policy 
                        and whether such violation was due to a violent 
                        or nonviolent offense;
                            (ii) a violation of an appearance policy, 
                        dress code, or grooming policy;
                            (iii) an act of insubordination, willful 
                        defiance, or violation of a school code of 
                        conduct;
                            (iv) the use of profane or vulgar language;
                            (v) an act of insubordination; and
                            (vi) a violation of a school code of 
                        conduct.
            (3) The number of students subject to an out-of-school 
        transfer to a different school, including alternative education 
        placements or a virtual school, disaggregated and cross-
        tabulated as outlined under clauses (i) through (xi) of 
        subsection (a)(1)(A), and the primary reason for each such 
        transfer.
            (4) The number of students subject to a referral to law 
        enforcement or threat assessment process, disaggregated and 
        cross-tabulated as outlined under clauses (i) through (xi) of 
        subsection (a)(1)(A), including the primary reason for each 
        such referral, and whether such referral resulted in an arrest.
            (5) The number of students arrested at school, including at 
        school-sponsored activities, disaggregated and cross-tabulated 
        as outlined under clauses (i) through (xi) of subsection 
        (a)(1)(A), and the primary reason for such arrest.
            (6) The number of students subject to a referral to or 
        placement in a residential facility, including for temporary or 
        short-term holds (such as 48-hour or 72-hour holds) 
        disaggregated and cross-tabulated as outlined under clauses (i) 
        through (xi) of subsection (a)(1)(A).
            (7) The number of students subject to placement in juvenile 
        or criminal legal confinement or other institutionalized 
        settings, including diversion to arrest programs and mental and 
        psychiatric programs, disaggregated and cross-tabulated as 
        outlined under clauses (i) through (xi) of subsection 
        (a)(1)(A).
    (b) Report.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, and annually thereafter, the 
        Assistant Secretary for Civil Rights shall submit to Congress a 
        report on the data collected under subsection (a).
            (2) Requirements.--The report required under paragraph (1) 
        shall--
                    (A) identify, with respect to the data collected 
                under subsection (a), schools, local educational 
                agencies, and States that demonstrate a pattern of the 
                overuse and discriminatory use of exclusionary 
                disciplinary practices;
                    (B) be disaggregated and cross tabulated, except 
                that such disaggregation shall not be required in the 
                case of a State, local educational agency, or a school 
                in which the number of students in a subgroup is 
                insufficient to yield statistically reliable 
                information or the results would reveal personally 
                identifiable information about an individual student, 
                by--
                            (i) enrollment in a preschool or in an 
                        elementary school and secondary school by grade 
                        level;
                            (ii) race;
                            (iii) ethnicity;
                            (iv) sex (including, to the extent 
                        possible, sexual orientation and gender 
                        identity);
                            (v) low-income status;
                            (vi) disability status (including students 
                        eligible for disability under the Individuals 
                        with Disabilities Education Act (20 U.S.C. 1401 
                        et. seq.) or section 504 of the Rehabilitation 
                        Act of 1973 (29 U.S.C. 794));
                            (vii) English learner status;
                            (viii) foster care status;
                            (ix) housing status, to the extent 
                        possible;
                            (x) Tribal citizenship or descent, in the 
                        first or second degree, of an Indian Tribe; and
                            (xi) pregnant and parenting student status, 
                        to the extent possible;
                    (C) be publicly accessible in multiple languages, 
                accessibility formats, and provided in a language that 
                parents, families, and community members can 
                understand; and
                    (D) be presented in a manner that protects the 
                privacy of individuals consistent with the requirements 
                of section 444 of the General Education Provisions Act 
                (20 U.S.C. 1232g), commonly known as the ``Family 
                Educational Rights and Privacy Act of 1974''.

SEC. 5. GRANTS TO REDUCE EXCLUSIONARY SCHOOL DISCIPLINE PRACTICES.

    (a) In General.--The Secretary shall award grants (which shall be 
known as the ``Healing School Climate Grants''), on a competitive 
basis, to eligible entities for the purpose of reducing the overuse and 
discriminatory use of exclusionary discipline practices and policies in 
schools.
    (b) Eligible Entities.--In this section, the term ``eligible 
entity'' means--
            (1) one or more local educational agencies (who may be 
        partnered with a State educational agency), including a public 
        charter school that is a local educational agency under State 
        law or local educational agency operated by the Bureau of 
        Indian Education; or
            (2) a nonprofit organization (defined as an organization 
        described in section 501(c)(3) of the Internal Revenue Code, 
        which is exempt from taxation under section 501(a) of such 
        Code) with a track record of success in improving school 
        climates and supporting students.
    (c) Application.--An eligible entity seeking a grant under this 
section shall submit an application to the Secretary at such time, in 
such manner, and containing such information as the Secretary may 
require, including an assurance that the eligible entity shall 
prioritize schools with high rates of disparities in exclusionary 
discipline, such as suspensions, expulsions, law enforcement referrals, 
and school-based arrests, for students of color, students with 
disabilities, LGBTQI+ students, English language learners, students 
experiencing homelessness, students involved in the foster care system, 
and students living at the intersections of these identities, and 
historical patterns of disparities in exclusionary school discipline. 
The Secretary shall make applications publicly accessible in an 
appropriate digital format.
    (d) Program Requirement.--An eligible entity that receives a grant 
under subsection (a) shall prohibit the use of--
            (1) out-of-school suspension or expulsion for any student 
        in preschool through grade 5 for incidents that do not involve 
        serious physical injury;
            (2) out-of-school suspension or expulsion for any student 
        in preschool through grade 12 for insubordination, willful 
        defiance, vulgarity, truancy, tardiness, chronic absenteeism, 
        or as a result of a violation of a grooming or appearance 
        policy;
            (3) corporal punishment;
            (4) seclusion;
            (5) a mechanical or chemical restraint on a student; or
            (6) a physical restraint or physical escort that is life 
        threatening, that restricts breathing, or that restricts blood 
        flow to the brain, including prone and supine restraint, on a 
        student, except when each of the following requirements are 
        met:
                    (A) The student's behavior poses an imminent danger 
                of serious physical injury to the student, program 
                personnel, or another individual.
                    (B) Before using physical restraint, less 
                restrictive interventions would be ineffective in 
                stopping such imminent danger of serious physical 
                injury.
                    (C) Such physical restraint is imposed by--
                            (i) program personnel trained and certified 
                        by a State-approved crisis intervention 
                        training program; or
                            (ii) program personnel not trained and 
                        certified as described in clause (i), in the 
                        case of a rare and clearly unavoidable 
                        emergency circumstance when program personnel 
                        certified as described in clause (i) is not 
                        immediately available due to the unforeseeable 
                        nature of the emergency circumstance.
                    (D) Such physical restraint ends immediately upon 
                the cessation of the imminent danger of serious 
                physical injury to the student, any program personnel, 
                or another individual.
                    (E) The physical restraint does not interfere with 
                the student's ability to communicate in the student's 
                primary language or primary mode of communication.
                    (F) During the physical restraint, the least amount 
                of force necessary is used to protect the student or 
                others from the threatened injury.
                    (G) The physical restraint does not affect or 
                interfere with, with respect to a student, a 
                disability, health care needs, or a medical or 
                psychiatric condition documented in a--
                            (i) health care directive or medical 
                        management plan;
                            (ii) a behavior intervention plan;
                            (iii) an individualized education program 
                        or an individualized family service plan (as 
                        defined in section 602 of the Individuals with 
                        Disabilities Education Act (20 U.S.C. 1401)); 
                        or
                            (iv) another relevant record made available 
                        to the State or eligible entity involved.
    (e) Use of Funds.--
            (1) Required uses.--An eligible entity that receives a 
        grant under this section shall use funds to--
                    (A) evaluate the current discipline policies of 
                schools under the eligible entity and, in partnership 
                with students (including girls of color), the family 
                members of students, and the local community of such 
                school, develop discipline policies for such schools to 
                ensure that such policies are not exclusionary or 
                discriminately applied toward students;
                    (B) provide training and professional development 
                for school officials to avoid or address the overuse 
                and discriminatory disproportionate use of exclusionary 
                discipline practices in schools and to create awareness 
                of implicit and explicit bias and use culturally 
                sustaining practices, including training in--
                            (i) identifying and providing support to 
                        students who may have experienced or are at 
                        risk of experiencing trauma or have other 
                        mental health needs;
                            (ii) administering and responding to 
                        assessments on adverse childhood experiences;
                            (iii) providing student-centered, trauma-
                        informed services and positive behavior 
                        management interventions that create safe and 
                        supportive school climates;
                            (iv) using restorative practices;
                            (v) using culturally and linguistically 
                        responsive intervention strategies;
                            (vi) developing social and emotional 
                        learning competencies; and
                            (vii) increasing student engagement and 
                        improving dialogue between students and 
                        educators;
                    (C) implement and evaluate evidence-based 
                alternatives to suspension or expulsion, including--
                            (i) multi-tier systems of support, such as 
                        positive behavioral interventions and supports;
                            (ii) social, emotional, and academic 
                        learning strategies designed to engage students 
                        and avoid escalating conflicts; and
                            (iii) other data-driven approaches to 
                        improving school environments;
                    (D) improve behavioral and academic outcomes for 
                students by creating a safe and supportive learning 
                environment and school climate, which may include--
                            (i) restorative practices with respect to 
                        improving relationships among students, school 
                        officials, and members of the local community, 
                        which may include partnering with local mental 
                        health agencies or nonprofit organizations;
                            (ii) access to mentors and peer-based 
                        support programs;
                            (iii) extracurricular programs, including 
                        sports and art programs;
                            (iv) social and emotional learning 
                        strategies designed to engage students and 
                        avoid escalating conflicts;
                            (v) access to counseling, mental health 
                        programs, and trauma-informed services, 
                        including suicide prevention programs; and
                            (vi) access to culturally responsive 
                        curricula that affirms the history and 
                        contributions of traditionally marginalized 
                        people and communities;
                    (E) hire social workers, school counselors, trauma-
                informed care personnel, and other mental health 
                personnel who shall not serve as proxies for school-
                based law enforcement officers; and
                    (F) support the development, delivery, and analysis 
                of school climate surveys.
            (2) Prohibited uses.--An eligible entity that receives a 
        grant under this section may not use funds to--
                    (A) hire or retain school-based law enforcement 
                personnel, including school resource officers;
                    (B) purchase, maintain, or install surveillance 
                equipment, including metal detectors or software 
                programs that monitor or mine the social media use or 
                technology use of students;
                    (C) arm educators, principals, school leaders, or 
                other school personnel; and
                    (D) enter into formal or informal partnerships or 
                data and information sharing agreements with--
                            (i) the Secretary of Homeland Security, 
                        including agreements with U.S. Immigration and 
                        Customs Enforcement or U.S. Customs and Border 
                        Protection; or
                            (ii) State, local, or other law enforcement 
                        agencies, including partnerships that allow for 
                        hiring of school-based law enforcement.
    (f) Technical Assistance.--The Secretary, in carrying out 
subsection (a), may reserve not more than 2 percent of funds to provide 
technical assistance to eligible entities, which may include--
            (1) support for data collection, compliance, and analysis 
        of the activities of the program authorized under subsection 
        (a); and
            (2) informational meetings and seminars with respect to the 
        application process under subsection (c).
    (g) Report by Grantees.--Not later than one year after the date of 
enactment of this section, an eligible entity receiving a grant under 
this section shall submit to the Secretary, and to the public, a report 
on the activities funded through the grant. The Secretary shall make 
each such report publicly accessible in an appropriate digital format. 
Such report shall include, at a minimum, a description of--
            (1) the evaluation methods of disciplinary practices prior 
        to the grant;
            (2) training and professional development services provided 
        for school officials, including school-based law enforcement 
        officers, to address discriminatory discipline practices, 
        implicit and explicit bias, and other uses described in 
        subsection (e)(1);
            (3) aggregated and de-identified behavioral, social 
        emotional, and academic outcomes experience by students;
            (4) any instance of physical restraint used on a student 
        with an explanation of a circumstance described in subsection 
        (d)(6);
            (5) the number of students who were referred to some form 
        of alternative practice described in subsection (e)(1)(C);
            (6) disaggregated data on students suspended, expelled, 
        arrested at school, and referred to the juvenile or criminal 
        legal system, except that such disaggregation shall not be 
        required in the case of a State, local educational agency, or a 
        school in which the number of students in a subgroup is 
        insufficient to yield statistically reliable information or the 
        results would reveal personally identifiable information about 
        an individual student, cross tabulated by--
                    (A) reason for disciplinary action;
                    (B) type and length of disciplinary action;
                    (C) grade level;
                    (D) race;
                    (E) ethnicity;
                    (F) sex (including to the extent possible, sexual 
                orientation and gender identity);
                    (G) low-income status;
                    (H) disability status;
                    (I) English learner status;
                    (J) foster care status;
                    (K) housing status, to the extent possible;
                    (L) Tribal citizenship or descent, in the first or 
                second degree, of an Indian Tribe; and
                    (M) pregnant and parenting student status, to the 
                extent possible; and
            (7) any other information required by the Secretary.

SEC. 6. JOINT TASK FORCE TO END SCHOOL PUSHOUT OF GIRLS OF COLOR.

    (a) Establishment.--The Secretary and the Secretary of Health and 
Human Services shall establish and operate a joint task force to end 
school pushout (in this section referred to as the ``Joint Task 
Force'').
    (b) Composition.--
            (1) Chairs.--The Secretary and the Secretary of Health and 
        Human Services shall chair the Joint Task Force.
            (2) Members.--
                    (A) In general.--The Joint Task Force shall include 
                21 total members and be composed of--
                            (i) 6 students, including 2 Black, Brown, 
                        and Indigenous girls;
                            (ii) 2 educators;
                            (iii) 3 parents, including foster parents, 
                        legal guardians, and caregivers with children 
                        enrolled in public school;
                            (iv) 3 public school officials;
                            (v) 3 representatives from the civil rights 
                        community, including civil rights and 
                        disability organizations;
                            (vi) 2 psychologists, social workers, 
                        trauma-informed personnel, and other mental 
                        health professionals with expertise in child 
                        and adolescent development; and
                            (vii) 2 researchers with experience in 
                        behavioral intervention with children and 
                        youth.
                    (B) Law enforcement officers.--The Joint Task Force 
                shall not include law enforcement officers.
            (3) Advisory members.--In addition to the members under 
        paragraph (2), the Assistant Attorney General of the Civil 
        Rights Division of the Department of Justice and the Director 
        of the Bureau of Indian Education shall be advisory members of 
        the Joint Task Force.
            (4) Member appointment.--Not later than 60 days after the 
        date of the enactment of this Act, the Secretary and the 
        Secretary of Health and Human Services shall appoint the 
        members of the Joint Task Force--
                    (A) in accordance with paragraph (2);
                    (B) using a competitive application process; and
                    (C) with consideration to the racial, ethnic, 
                gender, disability, and geographic diversity of the 
                Joint Task Force.
    (c) Study and Recommendations.--The Joint Task Force shall--
            (1) conduct a study to--
                    (A) identify causes for disparities in school 
                discipline administration that push girls of color out 
                of schools;
                    (B) identify best practices for reducing the 
                overuse and discriminatory use of exclusionary 
                discipline practices;
                    (C) identify interventions and accountability for 
                local and State educational agencies when disparities 
                in school discipline are found; and
                    (D) determine to what extent exclusionary 
                discipline practices contribute to the criminalization 
                of--
                            (i) girls of color;
                            (ii) English learners;
                            (iii) Indigenous girls;
                            (iv) LGBTQI+ students;
                            (v) students experiencing homelessness;
                            (vi) students involved in the foster care 
                        system; and
                            (vii) students with disabilities; and
            (2) develop recommendations based on the study conducted 
        under paragraph (1).
    (d) Report.--Not later than 360 days after the date of the 
enactment of this Act, and biannually thereafter, the Secretary and the 
Secretary of Health and Human Services shall submit to Congress a 
report on the recommendations under subsection (c)(2). The report shall 
be--
            (1) available to the public through the public website of 
        the Department of Health and Human Services and by request;
            (2) accessible in accordance with the requirements of the 
        American with Disabilities Act of 1990 (42 U.S.C. 12101 et 
        seq.); and
            (3) available in multiple languages.

SEC. 7. AUTHORIZATION OF APPROPRIATION.

    (a) In General.--There is authorized to be appropriated 
$500,000,000 for each fiscal year after the date of enactment of this 
Act to carry out sections 5 and 6.
    (b) Additional Funding to the Office for Civil Rights.--There is 
authorized to be appropriated $500,000,000 for each fiscal year after 
the date of enactment of this Act to carry out section 4.
                                 &lt;all&gt;
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