SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Educators, parents, and the general public 
cite a lack of discipline as a leading challenge facing 
many public schools. 
(2) Negative and reactive school management 
practices, such as metal detectors or surveillance 
cameras, zero tolerance policies and other ‘‘get- 
tough’’ approaches to school discipline, are ineffec-
tive and often counterproductive. 
(3) Research shows that ‘‘get tough’’ ap-
proaches to discipline reinforce bad behavior and 
predict higher future rates of misbehavior among 
suspended students. 
(4) However, suspensions and expulsions are on 
the rise nationally, and according to the United 
States Department of Education Office of Civil 
Rights during the 2005–2006 school year over 
3,300,000 students were suspended at least once 
and over 100,000 students were expelled. 
(5) Students of color and students with disabil-
ities are disproportionately subject to zero tolerance- 
based punishments such as suspension and expul-
sion. 
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(6) There is a high correlation between school 
discipline and the student dropout rate. Suspended 
students are more likely to be retained, to dropout, 
to engage in delinquent activity, and to become in-
volved in the juvenile or criminal justice system. 
(7) Teachers are also more likely to ‘‘dropout’’ 
of our schools because of school discipline issues. A 
2005 national survey found that 44 percent of 
teachers, and 39 percent of highly qualified teachers, 
listed school discipline as a reason for leaving the 
profession. 
(8) Learning is linked to student behavior. Suc-
cessful schools implement high academic and behav-
ior standards, where improvements in student behav-
ior and school climate are correlated with improved 
academic outcomes. 
(9) Evidence-based and scientifically valid prac-
tices for improving behavior and creating a school 
climate more conducive to learning such as school- 
wide positive behavior supports, have not been wide-
ly adopted, accurately implemented, or sustained. 
(10) Effective implementation of school-wide 
positive behavior supports is linked to greater aca-
demic achievement, significantly fewer disciplinary 
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problems, lower suspension and expulsion rates, and 
increased time for instruction. 
(11) Early intervening services are an effective 
strategy for instructional support. Following imple-
mentation of school-wide positive behavior supports, 
out-of-school suspensions at an elementary school in 
Illinois decreased 85 percent, from 243 to 37 or 
fewer in 2 subsequent years, with a resultant gain 
of 386 days of instructional time. The percentage of 
students meeting or exceeding proficiency on State 
standards increased measurably. 
(12) Many problems can be prevented or mini-
mized with early intervening services that have been 
shown to be effective and reduce the need for more 
intensive and more costly interventions. Upon imple-
menting such supports, an elementary school in 
Maryland witnessed a decrease in office discipline re-
ferrals for major rule violations by 42 percent, re-
couping 119 days of instructional time for students, 
and 40 days of administrator time within 1 school 
year. 
(13) Schools that implement school-wide posi-
tive behavior supports are perceived by teachers to 
be safer teaching environments. In South Carolina, 
a school using a system of positive behavior supports 
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found that teacher transfer requests declined by 100 
percent and teacher absence days decreased by 36 
percent. 
(14) When approaches such as school-wide posi-
tive behavior supports are employed, all students, in-
cluding those with significant and challenging behav-
iors, can succeed. 
(b) PURPOSES.—The purposes of this Act are to ex-
pand the use of school-wide positive behavior supports in 
schools in order to systematically create a school climate 
that is highly conducive to learning, to reduce discipline 
referrals, and to improve student academic outcomes. 
SEC. 3. DEFINITION OF POSITIVE BEHAVIOR SUPPORTS. 
In this Act, the term ‘‘positive behavior supports’’ 
means a systematic approach to embed proven practices 
for early intervening services, including a range of sys-
temic and individualized strategies to reinforce desired be-
haviors and eliminate reinforcement for problem behav-
iors, in order to achieve important social outcomes and 
increase learning, while preventing problem behaviors for 
all students including those with the most complex and 
intensive behavioral needs. 
SEC. 4. SCHOOL-WIDE POSITIVE BEHAVIOR SUPPORTS. 
(a) FLEXIBILITY TO USE TITLE I FUNDS TO IMPLE-
MENT SCHOOL-WIDE POSITIVE BEHAVIOR SUPPORTS.— 
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(1) IN GENERAL.—Section 1003(b) of the Ele-
mentary and Secondary Education Act of 1965 (20 
U.S.C. 6303(b)) is amended— 
(A) by redesignating paragraphs (1) and 
(2) as subparagraphs (A) and (B), respectively; 
(B) by inserting ‘‘(1)’’ before ‘‘Of the 
amount’’; and 
(C) by adding at the end the following: 
‘‘(2) Of the amount reserved under subsection 
(a) for any fiscal year, the State educational agency 
may allocate funds to develop and implement coordi-
nated, early intervening services (including school- 
wide positive behavior supports) for all students, in-
cluding those who have not been identified as need-
ing special education but who need additional aca-
demic and behavioral support to succeed in a general 
education environment. Funds so allocated shall 
be— 
‘‘(A) aligned with funds authorized under 
section 613(f) of the Individuals with Disabil-
ities Education Act; and 
‘‘(B) used to supplement, and not sup-
plant, funds made available under such Act for 
such activities and services.’’. 
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(i) by redesignating clauses (iii) and 
(iv) as clauses (iv) and (v), respectively; 
and 
(ii) by inserting after clause (ii) the 
following: 
‘‘(iii) review the number of discipline 
referrals in the school and the overall 
school climate and engagement of families, 
and use that information to assist the 
school to implement school-wide positive 
behavior supports or other early inter-
vening services, or both;’’. 
(b) LEA FLEXIBILITY TO IMPROVE SCHOOL CLI-
MATE.—Section 1114(b)(1)(B)(iii)(I) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 
6314(b)(1)(B)(iii)(I)) is amended— 
(1) by redesignating items (bb) and (cc) as 
items (cc) and (dd), respectively; and 
(2) by inserting after item (aa) the following: 
‘‘(bb) improving the learning 
environment in the school, includ-
ing the implementation of school- 
wide positive behavior supports, 
in order to improve academic 
outcomes for students and reduce 
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the need for suspensions, expul-
sions, referrals to law enforce-
ment, and other actions that re-
move students from instruction;’’. 
SEC. 5. TEACHER AND PRINCIPAL PREPARATION TO IM-
PROVE SCHOOL CLIMATE. 
Section 2122(c)(2) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6622(c)(2)) is amend-
ed— 
(1) by striking ‘‘subject matter knowledge and 
teaching skills’’ and inserting ‘‘subject matter knowl-
edge, teaching skills, and an understanding of social 
or emotional, or both, learning in children and ap-
proaches that improve the school climate for learn-
ing (such as school-wide positive behavior sup-
ports)’’; and 
(2) by inserting ‘‘to improve the teachers’ 
schools’ climate for learning’’ after ‘‘instructional 
leadership skills to help teachers’’. 
SEC. 6. SAFE AND DRUG FREE SCHOOLS AND COMMU-
NITIES. 
Section 4002 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7102) is amended— 
(1) by redesignating paragraphs (1) through 
(4) as paragraphs (2) through (5), respectively; and 
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(2) by striking all that precedes paragraph (2) 
and inserting the following: ‘‘The purpose of this 
part is to support programs that improve the whole 
school climate in order to foster learning, including 
programs that prevent discipline problems, that re-
duce the need for suspensions, expulsions, referrals 
to law enforcement, and other actions that remove 
students from instruction, that prevent violence in 
and around schools, that prevent the illegal use of 
alcohol, tobacco, and drugs, that involve parents and 
communities in the school programs and activities, 
and that are coordinated with related Federal, State, 
school, and community efforts and resources to fos-
ter a safe and drug-free learning environment that 
supports student academic achievement, through the 
provision of Federal assistance to— 
‘‘(1) States for grants to local educational agen-
cies and consortia of such agencies to establish, op-
erate, and improve local programs relating to im-
proving the school-wide climate (including implemen-
tation of school-wide positive behavior supports);’’. 
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SEC. 7. EARLY INTERVENING SERVICES UNDER SCHOOL 
COUNSELORS PROGRAM. 
Section 5421(b)(2) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7245(b)(2)) is amend-
ed— 
(1) by redesignating subparagraphs (C) through 
(H) as subparagraphs (D) through (I), respectively; 
and 
(2) by inserting after subparagraph (B) the fol-
lowing: 
‘‘(C) describe how the local educational 
agency will address the need for early inter-
vening services that improve the school climate 
for learning and reduce the need for suspen-
sions, expulsions, referrals to law enforcement, 
and other actions that remove students from in-
struction, such as through school-wide positive 
behavior supports;’’. 
SEC. 8. OFFICE OF SPECIALIZED INSTRUCTIONAL SUPPORT 
SERVICES. 
The Department of Education Organization Act (20 
U.S.C. 3401 et seq.) is amended by adding at the end 
of title II the following: 
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‘‘SEC. 221. OFFICE OF SPECIALIZED INSTRUCTIONAL SUP-
PORT SERVICES. 
‘‘(a) IN GENERAL.—There shall be, within the Office 
of the Deputy Secretary in the Department of Education, 
an Office of Specialized Instructional Support Services 
(referred to in this section as the ‘Office’). 
‘‘(b) PURPOSE.—The purpose of the Office shall be 
to administer, coordinate, implement, and ensure adequate 
evaluation of the effectiveness of programs and activities 
concerned with providing specialized instructional support 
services in schools, delivered by trained, qualified special-
ized instructional support personnel. 
‘‘(c) DIRECTOR.—The Office established under sub-
section (a) shall be headed by a Director who shall be se-
lected by the Secretary and report directly to the Deputy 
Secretary of Education. 
‘‘(d) ACTIVITIES.—In carrying out subsection (b), the 
Director shall support activities to— 
‘‘(1) improve specialized instructional support 
services in schools in order to improve academic 
achievement and educational results for students; 
‘‘(2) identify scientifically valid practices in spe-
cialized instructional support services that support 
learning and improve academic achievement and 
educational results for students; 
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‘‘(3) provide continuous training and profes-
sional development opportunities for specialized in-
structional support personnel and other school per-
sonnel in the use of effective techniques to address 
academic, behavioral, and functional needs; 
‘‘(4) provide technical assistance to local edu-
cational agencies and State educational agencies in 
the provision of effective, scientifically valid, special-
ized instructional support services; 
‘‘(5) coordinate specialized instructional support 
services programs and services in schools between 
the Department of Education and other Federal 
agencies, as appropriate; and 
‘‘(6) ensure evaluation of the effectiveness of 
the activities described in this subsection, as directed 
by the Secretary and Deputy Secretary. 
‘‘(e) SPECIALIZED INSTRUCTIONAL SUPPORT PER-
SONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT SERV-
ICES.—In this section: 
‘‘(1) SPECIALIZED
INSTRUCTIONAL
SUPPORT 
PERSONNEL.—The term ‘specialized instructional 
support personnel’ means school counselors, school 
social workers, school psychologists, and other quali-
fied professional personnel involved in providing as-
sessment, diagnosis, counseling, educational, thera-
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peutic, and other necessary corrective or supportive 
services (including related services, as such term is 
defined in section 602 of the Individuals with Dis-
abilities Education Act) as part of a comprehensive 
program to meet student needs. 
‘‘(2) SPECIALIZED
INSTRUCTIONAL
SUPPORT 
SERVICES.—The term ‘specialized instructional sup-
port services’ means the services provided by special-
ized instructional support personnel, including any 
other corrective or supportive services to meet stu-
dent needs.’’. 
SEC. 9. DEFINITION IN ELEMENTARY AND SECONDARY 
EDUCATION ACT OF 1965. 
Section 9101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801) is amended— 
(1) by redesignating paragraphs (33) through 
(43) as paragraphs (34) through (44); and 
(2) by inserting after paragraph (32) the fol-
lowing: 
‘‘(33) POSITIVE
BEHAVIOR
SUPPORTS.—The 
term ‘positive behavior supports’ means a systematic 
approach to embed proven practices for early inter-
vening services, including a range of systemic and 
individualized strategies to reinforce desired behav-
iors and eliminate reinforcement for problem behav-
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iors, in order to achieve important social outcomes 
and increase student learning, while preventing 
problem behaviors.’’. 
Æ 
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