neys’ fees, expert fees, injunctive relief, and compensatory 
damages. 
SEC. 102. CIVIL ACTIONS BY THE ATTORNEY GENERAL. 
Whenever the Attorney General receives a complaint 
in writing signed by a parent (including a legal guardian) 
or a group of parents (including legal guardians) to the 
effect that the minor children of such a parent or parents 
are being deprived by a program of the right under this 
Act to not be subject to corporal punishment by program 
personnel, law enforcement officers, or school security 
guards and the Attorney General believes the complaint 
is meritorious, the Attorney General is authorized, after 
giving notice of such complaint to the appropriate pro-
gram and after certifying that the Attorney General is sat-
isfied that such program has had a reasonable time to ad-
just the conditions alleged in such complaint, to institute 
for or in the name of the United States a civil action in 
any appropriate district court of the United States against 
such parties and for such relief as may be appropriate, 
and such court shall have and shall exercise jurisdiction 
of proceedings instituted pursuant to this section. The At-
torney General may implead as defendants such additional 
parties as are or become necessary to the grant of effective 
relief hereunder. 
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SEC. 103. ENFORCEMENT BY THE OFFICE FOR CIVIL 
RIGHTS. 
(a) REFERRAL TO OFFICE FOR CIVIL RIGHTS.—The 
Secretary shall refer any complaint alleging a violation of 
section 101(a) to the Office for Civil Rights of the Depart-
ment of Education for an investigation. 
(b) PROCESS FOR REFERRAL.—Not later than 90 
days after the date of the enactment of this Act, the Sec-
retary shall develop and implement a procedure for receiv-
ing a complaint alleging a violation of section 101(a). 
(c) FAILURE TO COMPLY.—In the event that a pro-
gram has failed to comply with section 101(a), the Sec-
retary shall carry out at least one of the following: 
(1) Withhold from such program, in whole or in 
part, further payments (including payments for ad-
ministrative costs) under an applicable program (as 
such term is defined in section 400(c) of the General 
Education Provisions Act (20 U.S.C. 1221(c))) in 
accordance with section 455 of such Act (20 U.S.C. 
1234d). 
(2) Enter into a compliance agreement in ac-
cordance with section 457 of the General Education 
Provisions Act (20 U.S.C. 1234f). 
(3) Issue a complaint to compel compliance of 
such program through a cease and desist order, in 
the same manner the Secretary is authorized to take 
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such action under section 456 of the General Edu-
cation Provisions Act (20 U.S.C. 1234c). 
(d) CESSATION OF WITHHOLDING OF FUNDS.—If 
the Secretary determines (whether by certification or other 
appropriate evidence) that a program that is subject to 
the withholding of payments under subsection (c)(1) of 
this section has cured the failure providing the basis for 
the withholding of payments on a date that is within one 
year from the date on which such payments were first 
withheld, the Secretary shall— 
(1) cease the withholding of payments with re-
spect to that program under such subsection; and 
(2) reimburse all the withheld payments under 
such subsection to such program. 
(e) WITHHELD FUNDS.—The funds appropriated or 
made available for the payments that were withheld under 
subsection (c)(1) shall be available for expenditure to that 
program pursuant to this subsection for up to one year 
from the date upon which the determination in subsection 
(d) was made. 
(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to limit the Secretary’s authority 
under the General Education Provisions Act (20 U.S.C. 
1221 et seq.). 
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SEC. 104. PARENT NOTIFICATION AND PROTECTION AND 
ADVOCACY SYSTEMS. 
(a) NOTIFICATION.—If a student is subject to cor-
poral punishment committed by program personnel, a law 
enforcement officer, or a school security guard at a pro-
gram, the program serving such student shall notify, in 
writing, not later than 24 hours after such use of force 
occurs, the facts of such use of force to— 
(1) the parent or parents of such student; 
(2) the State educational agency; and 
(3) the local law enforcement agency. 
(b) NOTIFICATION FOR STUDENTS WITH DISABIL-
ITIES.—In the case of a student described in subsection 
(a) who is an individual with a disability (as defined in 
section 3 of the Americans with Disabilities Act of 1990 
(42 U.S.C. 12102)) the program serving such student 
shall— 
(1) in addition to the notification described in 
such subsection, notify, in writing, not later than 24 
hours after the use of force described in such sub-
section occurs, the facts of such use of force to the 
relevant protection and advocacy system; and 
(2) provide any information to the relevant pro-
tection and advocacy system that the protection and 
advocacy system may require. 
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(c) RESTATEMENT OF AUTHORITY.—Protection and 
advocacy systems shall have the same authorities and 
rights provided under subtitle C of title I of the Develop-
mental Disabilities Assistance and Bill of Rights Act of 
2000 (42 U.S.C. 15041 et seq.) with respect to protections 
provided for students under this Act when such students 
are otherwise eligible to be clients of the protection and 
advocacy system, including investigating, monitoring, and 
enforcing such protections. 
TITLE II—STATE ACTIVITIES 
AND GRANT PROGRAM 
SEC. 201. STATE PLAN AND ENFORCEMENT. 
(a) STATE REQUIREMENTS.—In accordance with the 
schedule specified in subsection (c), each State educational 
agency that receives Federal financial assistance shall pro-
vide to the Secretary— 
(1) in the case of a State that did not prohibit 
corporal punishment in schools before the date of 
enactment of this Act, a written assurance that— 
(A) all programs located in such State 
have been notified of the requirements of this 
Act; 
(B) all program personnel of such State 
educational agency have received training with 
respect to such requirements; 
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(C) parents of students served by such 
State educational agency have been notified of 
the requirements, rights, and remedies available 
under this Act; and 
(D) the notification required under sub-
paragraph (C) is publicly available on the 
website of the State educational agency; 
(2) in the case of a State that prohibited cor-
poral punishment in schools before the date of enact-
ment of this Act, a written assurance that all pro-
grams located in such State have been notified of 
the requirements of this Act; and 
(3) a school climate report that includes a de-
scription of— 
(A) the policies and procedures of the 
State educational agency with respect to exclu-
sionary and aversive discipline practices or 
interventions in such schools; 
(B) how the State educational agency 
plans to implement, is implementing, or has im-
plemented positive behavioral interventions and 
supports and other models to address student 
behavior and reduce the use of exclusionary and 
aversive discipline practices or interventions in 
the public elementary and secondary schools of 
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such 
State 
as 
required 
under 
section 
1111(g)(1)(C) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
6311(g)(1)(C)); and 
(C) efforts of the State educational agency 
to ensure program personnel receive the sup-
ports and training necessary to implement the 
interventions, supports, and other models de-
scribed in subparagraph (B). 
(b) 
LOCAL
EDUCATIONAL
AGENCY
REQUIRE-
MENTS.—In accordance with the schedule specified in sub-
section (c), each local educational agency shall submit to 
the State educational agency a report that includes the 
information the State educational agency determines nec-
essary to comply with the requirements of subsection (a). 
(c) SUBMISSION SCHEDULE.—States and local edu-
cational agencies shall make the submissions required 
under subsections (a) and (b) as follows: 
(1) The initial submissions shall be made not 
later than one year after the date of enactment of 
this Act and on an annual basis during each of the 
3 years following the year of the first submission. 
(2) After the expiration of the 3-year period de-
scribed in paragraph (1), subsequent submissions 
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shall be made not less frequently than once every 
two years. 
(d) REPORT.—For each year in which the Secretary 
receives submissions from States in accordance with the 
schedule specified in subsection (c), the Secretary shall— 
(1) submit to the Committee on Education and 
Labor of the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pensions 
of the Senate a report summarizing the findings of 
the school climate reports received from States for 
such year; and 
(2) make the school climate reports publicly 
available. 
(e) ENFORCEMENT.— 
(1) IN GENERAL.— 
(A) USE OF REMEDIES.—If a State edu-
cational agency fails to comply with subsection 
(a), the Secretary shall carry out at least one 
of the following: 
(i) Withhold, in whole or in part, fur-
ther payments under an applicable pro-
gram (as such term is defined in section 
400(c) of the General Education Provi-
sions Act (20 U.S.C. 1221(c))) in accord-
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ance with section 455 of such Act (20 
U.S.C. 1234d). 
(ii) Enter into a compliance agree-
ment in accordance with section 457 of the 
General Education Provisions Act (20 
U.S.C. 1234f). 
(iii) Issue a complaint to compel com-
pliance 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.—If the Secretary determines (whether 
by certification or other appropriate evidence) 
that a State educational agency that is subject 
to the withholding of payments under subpara-
graph (A)(i) has cured the failure providing the 
basis for the withholding of payments within 
one year from the date on which such payments 
were first withheld, the Secretary shall— 
(i) cease the withholding of payments 
with respect to the State educational agen-
cy under such subparagraph; and 
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(ii) reimburse all the withheld pay-
ments under such subparagraph to such 
State educational agency. 
(2) WITHHELD
FUNDS.—The funds appro-
priated or made available for the payments that 
were withheld under paragraph (1)(A)(i) shall be 
available for expenditure to that program pursuant 
to this paragraph for up to one year from the date 
upon which the determination in paragraph (1)(B) 
was made. 
(3) 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 et seq.). 
SEC. 202. GRANT AUTHORITY. 
(a) IN GENERAL.—From the amount appropriated 
under section 306, the Secretary may award grants to 
State educational agencies to improve school climate and 
culture by implementing positive behavioral interventions 
and supports and other models to address student behav-
ior and reduce the use of exclusionary and aversive dis-
cipline practices or interventions in public elementary 
schools and secondary schools. 
(b) DURATION OF GRANT.— 
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(1) IN GENERAL.—A grant under this section 
shall be awarded to a State educational agency for 
a three-year period. 
(2) REAPPLICATION.—At the end of a grant pe-
riod described in paragraph (1), a State educational 
agency desiring a subsequent grant under this sec-
tion may be eligible for such grant if such State edu-
cational agency— 
(A) submits an application under sub-
section (c); and 
(B) demonstrates— 
(i) that such State educational agency 
effectively used grant funds to carry out 
the required activities under subsection (e) 
during the previous grant period; and 
(ii) with respect to such State edu-
cational agency, a decrease in at least one 
of the following: 
(I) Exclusionary and aversive dis-
cipline practices or interventions, in-
cluding in-school suspensions, out-of- 
school suspensions, and expulsions. 
(II) School-related arrests. 
(III) Referrals of students to law 
enforcement. 
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(3) DATA.—A State educational agency shall, 
with respect to the data used under paragraph 
(2)(B)(ii)— 
(A) 
cross-tabulate 
such 
data 
and 
disaggregate by race, gender, disability, and 
English learner status; and 
(B) redact all personally identifiable infor-
mation from such data. 
(c) APPLICATION.— 
(1) IN
GENERAL.—Each State educational 
agency desiring a grant under this section shall sub-
mit an application to the Secretary at such time, in 
such manner, and accompanied by such information 
as the Secretary may require, including— 
(A) information on how the State edu-
cational agency will carry out the required ac-
tivities specified in subsection (e); 
(B) a description of how the State edu-
cational agency will improve school climate and 
culture by reducing the use of exclusionary and 
aversive discipline practices or interventions; 
(C) a description of how the State edu-
cational agency will implement positive behav-
ioral interventions and supports, and other 
models (including models such as restorative 
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justice interventions, trauma-informed care, 
multi-tiered system of supports, crisis and de- 
escalation interventions, implicit bias training, 
and culturally responsive teaching), to address 
student behavior and work to eliminate the use 
of exclusionary and aversive discipline practices 
or interventions; and 
(D) a description of how the State edu-
cational agency will develop and implement 
high-quality training for program personnel de-
signed to improve school climate and culture 
and increase the use of positive behavioral 
interventions and supports and other models to 
address student behavior and reduce the use of 
exclusionary and aversive discipline practices or 
interventions. 
(2) PRIORITY.—In awarding grants under this 
section, the Secretary shall give priority to State 
educational agencies— 
(A) with a high percentage of in-school 
suspensions, out-of-school suspensions, expul-
sions, school-related arrests, and referrals of 
students to law enforcement; 
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(B) that lack positive behavioral interven-
tions and supports and other models to improve 
school climate and culture; or 
(C) that are in most need of assistance re-
lating to improving school climate and culture 
by reducing the use of exclusionary and aversive 
discipline practices or interventions, as deter-
mined by the Secretary. 
(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 in accordance with subsection (e)(2), 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 edu-
cational agency may require, including the informa-
tion described in subparagraphs (A) through (D) of 
subsection (c)(1) with respect to the local edu-
cational agency. 
(e) REQUIRED ACTIVITIES.— 
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(1) IN GENERAL.—A State educational agency 
receiving a grant, or a local educational agency re-
ceiving a subgrant, under this section shall use such 
grant or subgrant funds to carry out the following: 
(A) Developing and implementing high- 
quality training for program personnel designed 
to— 
(i) improve school climate and culture; 
(ii) increase use of positive behavioral 
interventions and supports and other mod-
els to address student behavior; and 
(iii) reduce the use of exclusionary 
and aversive discipline practices or inter-
ventions and the discriminatory and dis-
proportionate impact such practices have 
on students based on their race, ethnicity, 
gender, or disability. 
(B) Providing technical assistance to im-
prove school climate and culture by imple-
menting positive behavioral interventions and 
supports, and other models (including models 
such as restorative justice interventions, trau-
ma-informed care, multi-tiered system of sup-
ports, crisis and de-escalation interventions, im-
plicit bias training, and culturally responsive 
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teaching), to address student behavior and work 
to eliminate the use of exclusionary and aver-
sive discipline practices or interventions. 
(C) Researching, developing, implementing, 
and evaluating models, policies, and procedures 
to reduce the use of exclusionary and aversive 
discipline practices or interventions in public el-
ementary schools and secondary schools. 
(2) PRIORITY.—A State educational agency or 
local educational agency shall prioritize carrying out 
the activities specified in subparagraphs (A) through 
(C) of paragraph (1) in public elementary schools 
and secondary schools— 
(A) in which a disproportionately high per-
centage of students who have been subjected to 
disciplinary proceedings or have otherwise expe-
rienced the application of such a school’s dis-
cipline policies, practices, and procedures, rel-
ative to such school’s total student population, 
are students of color or students with disabil-
ities (as defined in section 602 of the Individ-
uals with Disabilities Education Act (20 U.S.C. 
1401)); 
(B) with a high percentage of in-school 
suspensions, out-of-school suspensions, expul-
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sions, school-related arrests, and referrals of 
students to law enforcement; 
(C) that lack positive behavioral interven-
tions and supports and other models to improve 
school climate and culture; or 
(D) that have demonstrated meaningful 
community engagement in selecting models to 
improve school climate and culture. 
(f) EVALUATION AND REPORT.— 
(1) LOCAL EDUCATIONAL AGENCY REPORTS.— 
Each local educational agency receiving a subgrant 
under this section shall, at the end of the grant pe-
riod for such subgrant, prepare and submit to the 
State educational agency a report that— 
(A) evaluates the progress of the local edu-
cational agency toward carrying out the re-
quired activities under subsection (e); and 
(B) includes any additional information the 
State educational agency determines necessary 
to complete the report required under para-
graph (2). 
(2) STATE EDUCATIONAL AGENCY REPORTS.— 
Each State educational agency receiving a grant 
under this section shall, at the end of the three-year 
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grant period for such grant, prepare and submit to 
the Secretary a report that— 
(A) evaluates the State’s progress toward 
carrying out the required activities under sub-
section (e); 
(B) includes data on the impact of the 
grant program on school climate and culture 
during such grant period, including, with re-
spect to the State educational agency, data on 
the prevalence of, and increase or decrease in— 
(i) exclusionary and aversive discipline 
practices or interventions, including in- 
school suspensions, out-of-school suspen-
sions, and expulsions; 
(ii) school-related arrests; and 
(iii) student referrals to law enforce-
ment; 
(C) includes the number of high-quality 
school climate and culture trainings conducted 
for program personnel during such grant pe-
riod; 
(D) describes the models implemented to 
improve school climate and culture during such 
grant period; 
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(E) specifies the number of subgrants 
made under subsection (d) and the local edu-
cational agencies that were awarded such sub-
grants; and 
(F) includes such information as the Sec-
retary may require. 
(3) DATA.—A State educational agency shall, 
with respect to the data described in paragraph 
(2)(B)— 
(A) cross-tabulate and disaggregate the 
data in the same manner as under subsection 
(b)(3)(A); and 
(B) redact all personally identifiable infor-
mation from such data. 
(4) PUBLICATION.—Not later than one year 
after receiving a report under paragraph (2), the 
Secretary shall make the report publicly available on 
the website of the Department of Education. 
(g) FUNDS AVAILABLE FOR THE DEPARTMENT OF 
THE INTERIOR.—From the amount appropriated under 
section 306, the Secretary shall allocate— 
(1) 0.5 percent of such funds to the Secretary 
of the Interior for activities under this section with 
respect to schools operated or funded by the Depart-
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ment of the Interior, under such terms and condi-
tions as the Secretary may prescribe; and 
(2) 0.5 percent of such funds for activities 
under this section with respect to schools operated 
in the outlying areas, under such terms and condi-
tions as the Secretary may prescribe. 
TITLE III—ADDITIONAL 
PROVISIONS 
SEC. 301. FEDERAL REGULATIONS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary shall issue 
such regulations as are necessary to reasonably ensure 
compliance with this Act. 
(b) NEGOTIATED RULEMAKING PROCESS.—In car-
rying out subsection (a), the Secretary shall use a nego-
tiated rulemaking process described in section 1601 and 
section 1602 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6571; 6572) except subparagraph 
(A) of subsection (b)(3) of such section 1601 shall apply 
by substituting ‘‘establish a negotiated rulemaking proc-
ess;’’ for the text of such subparagraph. 
SEC. 302. OTHER SCHOOLS. 
(a) DEPARTMENT OF DEFENSE.—The Secretary of 
Defense shall ensure that schools operated or funded by 
the Department of Defense Education Activity or other-
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wise operated or funded by the Department of Defense 
for the education of military-connected dependents comply 
with the regulations promulgated by the Secretary pursu-
ant to this Act. 
(b) DEPARTMENT OF INTERIOR.—The Secretary of 
the Interior shall ensure that schools operated or funded 
by the Department of the Interior comply with the regula-
tions promulgated by the Secretary pursuant to this Act. 
SEC. 303. LIMITATION OF AUTHORITY. 
(a) IN GENERAL.—Nothing in this Act shall be con-
strued— 
(1) to restrict or limit, or allow the Secretary 
to restrict or limit, any other rights or remedies oth-
erwise available to students or parents under Fed-
eral, State, or local law or regulation; or 
(2) to restrict or limit Federal, State, or local 
laws, regulations, or polices that provide for more 
stringent prohibitions or limitations on the use of 
corporal punishment than the prohibitions or limita-
tions that are provided for in this Act. 
(b) LAW ENFORCEMENT OFFICER DUTIES.—Noth-
ing in this Act shall be construed to prevent a sworn law 
enforcement officer from carrying out the lawful duties of 
the officer under otherwise applicable law. 
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(c) RULE OF CONSTRUCTION ON ENFORCEMENT.— 
Nothing in this Act shall be construed to affect the en-
forcement of title VI of the Civil Rights Act of 1964 (42 
U.S.C. 2000d et seq.), title IX of the Education Amend-
ments of 1972 (20 U.S.C. 1681 et seq.), section 504 of 
the Rehabilitation Act of 1973 (29 U.S.C. 794), or the 
Department of Education Organization Act (20 U.S.C. 
3401 et seq.) and their enforcing regulations. 
SEC. 304. APPLICABILITY TO PRIVATE SCHOOLS AND HOME 
SCHOOLS. 
(a) PRIVATE SCHOOLS.—Nothing in this Act shall be 
construed to affect any private school that does not re-
ceive, or does not serve students who receive, support in 
any form from any program or activity supported, in whole 
or in part, with Federal funds. 
(b) HOME SCHOOLS.—Nothing in this Act shall be 
construed to— 
(1) affect a home school, whether or not a home 
school is treated as a private school or home school 
under State law; or 
(2) consider parents who are schooling a child 
at home as program personnel. 
SEC. 305. SEVERABILITY. 
If any provision of this Act or the application of such 
provision to any person or circumstance is held to be un-
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constitutional, the remaining provisions of this Act and 
the application of such provisions to any person or cir-
cumstance shall not be affected thereby. 
SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out this Act for fiscal year 
2023 and each fiscal year thereafter. 
Æ 
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