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 
(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 
VerDate Mar 15 2010 
03:21 Jul 09, 2014
Jkt 039200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H5005.IH
H5005
tjames@gpo.gov on DSK5VPTVN1PROD with BILLS
(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)); or 
(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 
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. 
VerDate Mar 15 2010 
03:21 Jul 09, 2014
Jkt 039200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5005.IH
H5005
tjames@gpo.gov on DSK5VPTVN1PROD with BILLS
(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). 
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 
VerDate Mar 15 2010 
03:21 Jul 09, 2014
Jkt 039200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H5005.IH
H5005
tjames@gpo.gov on DSK5VPTVN1PROD with BILLS
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 112th Congress. 
Æ 
VerDate Mar 15 2010 
03:21 Jul 09, 2014
Jkt 039200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6301
E:\BILLS\H5005.IH
H5005
tjames@gpo.gov on DSK5VPTVN1PROD with BILLS