educational agency that is not prohibited under sub-
section (a) from receiving such funds may apply di-
rectly 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 sec-
tion shall be construed to preclude school personnel from 
using, within the scope of employment, reasonable re-
straint 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 per-
sonnel, or others; 
‘‘(2) less restrictive interventions would be inef-
fective 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— 
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‘‘(1) the term ‘corporal punishment’ means pad-
dling, spanking, or other forms of physical punish-
ment, however light, imposed upon a student; 
‘‘(2) the term ‘educational agency or institution’ 
means any public or private agency or institution 
which is the recipient, or serves students who are re-
cipients of, funds under any applicable program; 
‘‘(3) the terms ‘local educational agency’ and 
‘State educational agency’ have the meanings given 
such terms in section 9101 of the Elementary and 
Secondary Education Act of 1965; 
‘‘(4) the term ‘school personnel’ has the mean-
ing— 
‘‘(A) given the term in section 4151(10) of 
the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7161(10)); and 
‘‘(B) given the term ‘school resource offi-
cer’ in section 4151(11) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
7161(11)); and 
‘‘(5) the term ‘student’ includes any person who 
is in attendance at an educational agency or institu-
tion.’’. 
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SEC. 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 pro-
cedures; 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 edu-
cational agency fails to comply with subsection 
(a), the Secretary shall— 
(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)) in accordance 
with section 455 of such Act (20 U.S.C. 
1234d); 
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(ii) enter into a compliance agreement 
in accordance with section 457 of the Gen-
eral Education Provisions Act (20 U.S.C. 
1234f); or 
(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.—Whenever the Secretary determines 
(whether by certification or other appropriate 
evidence) that a State educational agency who 
is subject to the withholding of payments under 
subparagraph (A)(i) has cured the failure pro-
viding the basis for the withholding of pay-
ments, the Secretary shall cease the withholding 
of payments with respect to the State edu-
cational 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 et seq.). 
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(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to preclude school personnel from 
using, within the scope of employment, reasonable re-
straint 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 per-
sonnel, or others; 
(2) less restrictive interventions would be inef-
fective 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). 
SEC. 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 sec-
tion 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 appli-
cation to the Secretary at such time, in such manner, and 
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accompanied by such information as the Secretary may 
require, including information on how the State edu-
cational agency— 
(1) will develop State training programs on 
school wide-positive behavior support approaches, 
such as training programs developed with the assist-
ance 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 posi-
tive 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 edu-
cational agency may require. 
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(e) PRIVATE SCHOOL PARTICIPATION.— 
(1) IN GENERAL.—A local educational agency 
receiving subgrant funds under this section shall, 
after timely and meaningful consultation with appro-
priate 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 ma-
terials, equipment, and property purchased with 
such funds, shall be in a public agency, and a public 
agency shall administer such funds, materials, equip-
ment, and property. 
(f) REQUIRED ACTIVITIES.—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: 
(1) Developing and implementing high-quality 
professional development and training programs, 
such as training programs developed with the assist-
ance 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 imple-
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ment 
evidence-based 
systematic 
approaches 
to 
school-wide positive behavior supports, including im-
proving 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 sup-
ports 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 edu-
cational agency receiving a grant under this section shall, 
at the end of the 3-year grant period for such grant, pre-
pare and submit to the Secretary, a report that— 
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(1) evaluates the State’s progress toward devel-
oping 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. 
SEC. 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 pro-
fessional 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 empha-
size positive behavior supports and de-escalation 
techniques over physical intervention). 
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(b) REPORT.—The Secretary shall submit to the 
Committee on Education and Labor of the House of Rep-
resentatives and the Committee on Health, Education, 
Labor, and Pensions of the Senate— 
(1) an interim report that summarizes the pre-
liminary findings of the assessment described in sub-
section (a) not later than 3 years after the date of 
enactment of this Act; and 
(2) a final report of the findings of the assess-
ment not later than 5 years after the date of the en-
actment of this Act. 
SEC. 8. PROTECTION AND ADVOCACY SYSTEMS. 
Protection and Advocacy Systems shall have the au-
thority provided under section 143 of the Developmental 
Disabilities Assistance and Bill of Rights Act of 2000 (42 
U.S.C. 15043) to investigate, monitor, and enforce protec-
tions provided for students under this Act. 
SEC. 9. LIMITATION OF AUTHORITY. 
(a) IN GENERAL.—Nothing in this Act shall be con-
strued 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.— 
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(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 re-
ceive, support in any form from any program sup-
ported, 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. 
SEC. 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. 2000c), title IX of the Education Amendments of 
1972 (20 U.S.C. 1681 et seq.), section 504 of the Reha-
bilitation Act of 1973 (29 U.S.C. 794 et seq.), and the 
Department of Education Organization Act (20 U.S.C. 
3401 et seq.). 
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Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801(31)). 
(6) POSITIVE BEHAVIOR SUPPORTS.—The term 
‘‘positive behavior supports’’ means a systematic ap-
proach to embed evidence-based practices and data- 
driven decisionmaking to improve school climate and 
culture, including a range of systemic and individ-
ualized strategies to reinforce desired behaviors and 
diminish reoccurrence of problem behaviors, in order 
to achieve improved academic and social outcomes 
and increase learning for all students, including 
those with the most complex and intensive behav-
ioral needs. 
(7) PROTECTION AND ADVOCACY SYSTEM.—The 
term ‘‘protection and advocacy system’’ means a 
protection and advocacy system established under 
section 143 of the Developmental Disabilities Assist-
ance and Bill of Rights Act of 2000 (42 U.S.C. 
15043). 
(8) SCHOOL.—The term ‘‘school’’ means an en-
tity— 
(A) that— 
(i) is a public or private— 
(I) day or residential elementary 
school or secondary school; or 
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(II) early childhood, elementary 
school, or secondary school program 
that is under the jurisdiction of a 
school, local educational agency, edu-
cational service agency, or other edu-
cational institution or program; and 
(ii) receives, or serves students who 
receive, support in any form from any pro-
gram 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) SCHOOL
PERSONNEL.—The term ‘‘school 
personnel’’ has the meaning— 
(A) given the term in section 4151(10) of 
the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7161(10)); and 
(B) given the term ‘‘school resource offi-
cer’’ in section 4151(11) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
7161(11)). 
(10) SPECIALIZED
INSTRUCTIONAL
SUPPORT 
PERSONNEL.—The term ‘‘specialized instructional 
support personnel’’ means school counselors, school 
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social workers, school nurses, school psychologists, 
and other qualified professional personnel involved in 
providing assessment, diagnosis, counseling, edu-
cational, health, therapeutic, and other necessary 
corrective or supportive services. 
(11) SECONDARY
SCHOOL.—The term ‘‘sec-
ondary school’’ has the meaning given the term in 
section 9101(38) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801(38)). 
(12) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Education. 
(13) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 9101 of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 7801). 
(14) STATE EDUCATIONAL AGENCY.—The term 
‘‘State educational agency’’ has the meaning given 
the term in section 9101(41) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
7801(41)). 
(15) STUDENT.—The term ‘‘student’’ means a 
student enrolled in a school defined in paragraph 
(8). 
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SEC. 13. PRESUMPTION OF CONGRESS RELATING TO COM-
PETITIVE PROCEDURES. 
(a) PRESUMPTION.—It is the presumption of Con-
gress 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 re-
port explaining why competitive procedures were not used. 
SEC. 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 9e, of rule XXI of the rules of the House of Rep-
resentatives of the 111th Congress. 
Æ 
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