(i) is a State, Tribal, or local law en-
forcement officer (as defined in section 
1204 of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (34 
U.S.C. 10284)); and 
(ii) is assigned by the employing law 
enforcement agency to a program, who is 
contracting with a program, or who is em-
ployed by a program; and 
(B) includes an individual referred to as a 
‘‘school resource officer’’ if that individual 
meets the definition in subparagraph (A). 
(10) SCHOOL
SECURITY
GUARD.—The term 
‘‘school security guard’’ means an individual who is 
not a sworn law enforcement officer and who is re-
sponsible for addressing one or more of the following 
safety and crime prevention activities in and around 
a program: 
(A) Assisting program personnel in safety 
incidents. 
(B) Educating students in crime and ille-
gal drug use prevention and safety. 
(C) Developing or expanding community 
justice initiatives for students. 
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(D) Training students in conflict resolution 
and supporting restorative justice programs. 
(E) Serving as a liaison between the pro-
gram and outside agencies, including other law 
enforcement agencies. 
(F) Screening students or visitors to the 
program for prohibited items. 
(11) STUDENT.—The term ‘‘student’’ means an 
individual enrolled in a program. 
TITLE I—PROHIBITION OF 
CORPORAL PUNISHMENT 
SEC. 101. PROHIBITION OF CORPORAL PUNISHMENT. 
(a) PROHIBITION.—No student shall be subjected to 
corporal punishment by program personnel, a law enforce-
ment officer, or a school security guard under any pro-
gram which receives Federal financial assistance. 
(b) PRIVATE RIGHT OF ACTION.—A student who has 
been subjected to corporal punishment by program per-
sonnel, a law enforcement officer, or a school security 
guard in violation of subsection (a), or the parent of such 
student, may file a civil action in any Federal or State 
court of competent jurisdiction against the program under 
which the violation is alleged to have occurred for attor-
neys’ fees, expert fees, injunctive relief, and compensatory 
damages. 
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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. 
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 
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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 
such action under section 456 of the General Edu-
cation Provisions Act (20 U.S.C. 1234c). 
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(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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