Ending Corporal Punishment in Schools Act of 2021

To end the use of corporal punishment in schools, and for other purposes. 1. Short title This Act may be cited as the Ending Corporal Punishment in Schools Act of 2021 2. Findings Congress finds the following: (1) Behavioral interventions for children must promote the right of all children to be treated with dignity. All children have the right to be free from any corporal punishment. (2) Safe, effective, evidence-based strategies are available to support children who display challenging behaviors in school settings. (3) School personnel have the right to work in a safe environment and should be provided training and support to prevent injury and trauma to themselves and others. (4) According to the Department of Education’s Technical Assistance Center on School-Wide Positive Behavior Interventions and Support, outcomes associated with school-wide positive behavior support are: decreased office discipline referrals, increased instructional time, decreased administrator time spent on discipline issues, efficient and effective use of scarce resources, and increased perception of school safety and sustainability through a team approach. (5) Every 30 seconds during the school year, a public school student is corporally punished. (6) Nineteen States continue to permit corporal punishment in public schools. (7) According to Department of Education statistics, each year in the United States, hundreds of thousands of school children are subjected to corporal punishment in public schools. School corporal punishment is usually executed in the form of paddling (8) Gross racial disparity exists in the execution of corporal punishment of public school children, and African-American schoolchildren are disproportionately corporally punished. The most recent available statistics show that African-American students make up 18 percent of the national student population, but comprise 40 percent of all students subjected to physical punishment at school. Black children are nearly two-and-a-half times more likely to be corporally punished than White children, and nearly eight times more likely to be corporally punished than Hispanic children. 3. Purposes The purposes of this Act are to— (1) eliminate the use of corporal punishment in schools; (2) ensure the safety of all students and school personnel in schools and promote a positive school culture and climate; and (3) assist States, local educational agencies, and schools in identifying and implementing effective evidence-based models to prevent and reduce— (A) corporal punishment in schools; and (B) aversive behavior interventions that compromise health. 4. Prohibition against corporal punishment Subpart 4 of part C of the General Education Provisions Act ( 20 U.S.C. 1232f 448. Prohibition against corporal punishment (a) General prohibition No funds shall be made available under any applicable program to any educational agency or institution, including a local educational agency or State educational agency, that has a policy or practice which allows school personnel to inflict corporal punishment upon a student— (1) as a form of punishment; or (2) for the purpose of modifying undesirable behavior. (b) Local educational agencies (1) In general In the case of an applicable program under which a local educational agency may only receive funds through a State educational agency that is prohibited under subsection (a) from receiving funds under any applicable program, a local educational agency that is not prohibited under subsection (a) from receiving such funds may apply directly to the Secretary to receive funds under the program. (2) Certification Each local educational agency applying directly to the Secretary under paragraph (1) shall certify in such application that the agency is not prohibited under subsection (a) from receiving funds under any applicable program. (c) Rule of construction Nothing in this section shall be construed to preclude school personnel from using, within the scope of employment, reasonable restraint to the lightest possible degree upon a student, if— (1) the student’s behavior poses an imminent danger of physical injury to the student, school personnel, or others; (2) less restrictive interventions would be ineffective in stopping such imminent danger of physical injury; and (3) the reasonable restraint ends immediately upon the cessation of the conditions described in paragraphs (1) and (2). (d) Definitions For purposes of this section— (1) the term corporal punishment (2) the term educational agency or institution (3) the terms local educational agency State educational agency (4) the term school personnel (5) the term student . 5. State plan and enforcement (a) State plan Not later than 18 months after the date of enactment of this Act and every third year thereafter, each State educational agency shall submit to the Secretary a State plan that provides— (1) assurances to the Secretary that the State has in effect policies and procedures that eliminate the use of corporal punishment in schools; (2) a description of the State’s policies and procedures; and (3) a description of the State plans to ensure school personnel and parents, including private school personnel and parents, are aware of the State’s policies and procedures. (b) Enforcement (1) In general (A) Use of remedies If a State educational agency fails to comply with subsection (a), the Secretary shall— (i) withhold, in whole or in part, further payments under an applicable program (as such term is defined in section 400(c) of the General Education Provisions Act ( 20 U.S.C. 1221 20 U.S.C. 1234d (ii) enter into a compliance agreement in accordance with section 457 of the General Education Provisions Act ( 20 U.S.C. 1234f (iii) issue a complaint to compel compliance of the State educational agency through a cease and desist order, in the same manner the Secretary is authorized to take such action under section 456 of the General Education Provisions Act ( 20 U.S.C. 1234e (B) Cessation of withholding of funds Whenever the Secretary determines (whether by certification or other appropriate evidence) that a State educational agency that is subject to the withholding of payments under subparagraph (A)(i) has cured the failure providing the basis for the withholding of payments, the Secretary shall cease the withholding of payments with respect to the State educational agency under such subparagraph. (2) Rule of construction Nothing in this subsection shall be construed to limit the Secretary’s authority under the General Education Provisions Act ( 20 U.S.C. 1221 (c) Rule of construction Nothing in this section shall be construed to preclude school personnel from using, within the scope of employment, reasonable restraint to the lightest possible degree upon a student, if— (1) the student’s behavior poses an imminent danger of physical injury to the student, school personnel, or others; (2) less restrictive interventions would be ineffective in stopping such imminent danger of physical injury; and (3) the reasonable restraint ends immediately upon the cessation of the conditions described in paragraphs (1) and (2). 6. Grant authority (a) In general From the amount appropriated under section 11, the Secretary may award grants to State educational agencies to assist the agencies in improving school climate and culture by implementing school-wide positive behavior support approaches. (b) Duration of grant A grant under this section shall be awarded to a State educational agency for a 3-year period. (c) Application Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including information on how the State educational agency— (1) will develop State training programs on school-wide positive behavior support approaches, such as training programs developed with the assistance of the Secretary (acting through the Office of Special Education Programs Technical Assistance Center on Positive Behavioral Interventions and Supports of the Department of Education); and (2) will target resources to schools and local educational agencies in need of assistance related to improving school culture and climate through positive behavior supports. (d) Authority To make subgrants (1) In general A State educational agency receiving a grant under this section may use such grant funds to award subgrants, on a competitive basis, to local educational agencies. (2) Application A local educational agency desiring to receive a subgrant under this section shall submit an application to the applicable State educational agency at such time, in such manner, and containing such information as the State educational agency may require. (e) Private school participation (1) In general A local educational agency receiving subgrant funds under this section shall, after timely and meaningful consultation with appropriate private school officials, ensure that private school personnel can participate, on an equitable basis, in activities supported by funds under this section. (2) Public control of funds The control of funds provided under this section, and title to materials, equipment, and property purchased with such funds, shall be in a public agency, and a public agency shall administer such funds, materials, equipment, and property. (f) Required activities A State educational agency receiving a grant, or a local educational agency receiving a subgrant, under this section shall use such grant or subgrant funds to carry out the following: (1) Developing and implementing high-quality professional development and training programs, such as training programs developed with the assistance of the Secretary (acting through the Office of Special Education Programs Technical Assistance Center on Positive Behavioral Interventions and Supports of the Department of Education), to implement evidence-based systematic approaches to school-wide positive behavior supports, including improving coaching, facilitation, and training capacity for principals and other administrators, teachers, specialized instructional support personnel, and other staff. (2) Providing technical assistance to develop and implement evidence-based systematic approaches to school-wide positive behavior supports, including technical assistance for data-driven decisionmaking related to behavioral supports and interventions in the classroom and throughout common areas. (3) Researching, evaluating, and disseminating high-quality evidence-based programs and activities that implement school-wide positive behavior supports with fidelity. (4) Supporting other local positive behavior support implementation activities consistent with this subsection, including outreach to families and community agencies and providers, such as mental health authorities. (g) Evaluation and report Each State educational agency receiving a grant under this section shall, at the end of the 3-year grant period for such grant, prepare and submit to the Secretary, a report that— (1) evaluates the State’s progress toward developing and implementing evidence-based systematic approaches to school-wide positive behavior supports; and (2) includes such information as the Secretary may require. (h) Department of the interior From the amount appropriated under section 11, the Secretary may allocate funds to the Secretary of the Interior for activities under this section with respect to schools operated or funded by the Department of the Interior, under such terms as the Secretary of Education may prescribe. 7. National assessment (a) National assessment The Secretary shall carry out a national assessment to— (1) determine compliance with the requirements of this Act; and (2) identify best practices with respect to professional development and training programs carried out under section 6, which shall include identifying evidence-based school personnel training models with demonstrated success (including models that emphasize positive behavior supports and de-escalation techniques over physical intervention). (b) Report The Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate— (1) an interim report that summarizes the preliminary findings of the assessment described in subsection (a) not later than 3 years after the date of enactment of this Act; and (2) a final report of the findings of the assessment not later than 5 years after the date of the enactment of this Act. 8. Protection and advocacy systems Protection and Advocacy Systems shall have the authority provided under section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 9. Limitation of authority (a) In general Nothing in this Act shall be construed to restrict or limit, or allow the Secretary to restrict or limit, any other rights or remedies otherwise available to students or parents under Federal, State, or local law or regulation. (b) Applicability (1) Private schools Nothing in this Act shall be construed to affect any private school that does not receive, or does not serve students who receive, support in any form from any program supported, in whole or in part, with funds appropriated to the Department of Education. (2) Home schools Nothing in this Act shall be construed to— (A) affect a home school, whether or not a home school is treated as a private school or home school under State law; or (B) consider parents who are schooling a child at home as school personnel. 10. Rule of construction on data collection Nothing in this Act shall be construed to affect the collection of information or data with respect to corporal punishment authorized under the statutes and regulations implementing title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d 20 U.S.C. 1681 29 U.S.C. 794 20 U.S.C. 3401 11. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act for fiscal year 2021 and each of the 4 succeeding fiscal years. 12. Definitions In this Act: (1) Corporal punishment The term corporal punishment (2) Educational service agency The term educational service agency 20 U.S.C. 7801(18) (3) Elementary school The term elementary school 20 U.S.C. 7801(19) (4) Local educational agency The term local educational agency 20 U.S.C. 7801(30) (5) Parent The term parent 20 U.S.C. 7801(38) (6) Positive behavior supports The term positive behavior supports (7) Protection and advocacy system The term protection and advocacy system 42 U.S.C. 15043 (8) School The term school (A) that— (i) is a public or private— (I) day or residential elementary school or secondary school; or (II) early childhood, elementary school, or secondary school program that is under the jurisdiction of a school, local educational agency, educational service agency, or other educational institution or program; and (ii) receives, or serves students who receive, support in any form from any program supported, in whole or in part, with funds appropriated to the Department of Education; or (B) that is a school funded or operated by the Department of the Interior. (9) Specialized instructional support personnel The term specialized instructional support personnel (10) Secondary school The term secondary school 20 U.S.C. 7801(45) (11) Secretary The term Secretary (12) State The term State 20 U.S.C. 7801 (13) State educational agency The term State educational agency 20 U.S.C. 7801(48) (14) Student The term student 13. Presumption of congress relating to competitive procedures (a) Presumption It is the presumption of Congress that grants awarded under this Act will be awarded using competitive procedures based on merit. (b) Report to congress If grants are awarded under this Act using procedures other than competitive procedures, the Secretary shall submit to Congress a report explaining why competitive procedures were not used. 14. Prohibition on earmarks None of the funds appropriated to carry out this Act may be used for a congressional earmark as defined in clause 9(e) of rule XXI of the Rules of the House of Representatives of the 117th Congress.

Summary: Ending Corporal Punishment in Schools Act of 2021 This bill prohibits the Department of Education (ED) from providing funding to any educational agency or institution that allows its school personnel to inflict corporal punishment upon a student as a form of punishment or to modify undesirable behavior. First, the bill requires each state educational agency (SEA), in order to receive education funds, to submit to ED a state plan for eliminating the use of corporal punishment in schools. Additionally, the bill authorizes ED to award three-year grants to SEAs and, through them, subgrants to local educational agencies (LEAs) to assist them with improving school climate and culture. Grants must be used to implement school-wide positive behavioral intervention and support programs. Further, LEAs that receive subgrants must ensure that private school personnel are able to participate in grant activities. ED may also allocate funds to the Department of the Interior for schools operated or funded by Interior. Next, the bill directs ED to carry out a national assessment to determine compliance with the requirements of the bill and identify best practices for professional development and training programs. Finally, the bill gives protection and advocacy systems the authority to investigate, monitor, and enforce protections for students that are provided by the bill.