TITLE II—STATE ACTIVITIES 
AND GRANT PROGRAM 
SEC. 201. STATE PLAN AND ENFORCEMENT. 
(a) STATE REQUIREMENTS.—Not later than 18 
months after the date of enactment of this Act, and every 
two years thereafter, each State educational agency which 
receives Federal financial assistance shall provide to the 
Secretary— 
(1) 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; 
(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; and 
(2) a school climate report that includes a de-
scription of— 
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(A) the policies and procedures of the 
State educational agency with respect 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 
such State; 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.—Not later than one year after the date of the 
enactment of this Act, and not less than once every two 
years thereafter, each local educational agency shall sub-
mit to the State educational agency a report that includes 
the information the State educational agency determines 
necessary to comply with the requirements of subsection 
(a). 
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(c) REPORT.—Not later than two years after the date 
of the enactment of this Act, and not less than once every 
two years thereafter, 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 reports under subsection (a)(2); and 
(2) make the reports described in paragraph (1) 
publicly available. 
(d) 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)) in accordance 
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 
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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 
(ii) reimburse all the withheld pay-
ments under such subparagraph to such 
State educational agency. 
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(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 and 
secondary schools. 
(b) DURATION OF GRANT.— 
(1) IN GENERAL.—A grant under this section 
shall be awarded to a State educational agency for 
a three-year period. 
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(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. 
(3) DATA.—A State educational agency shall, 
with respect to the data used under paragraph 
(2)(B)(ii)— 
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(A) 
cross-tabulate 
such 
data 
and 
disaggregate by race, gender, disability, and 
English learner; 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 mod-
els to address student behavior and reduce the 
use of exclusionary and aversive discipline prac-
tices or interventions; and 
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(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; 
(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.— 
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(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). 
(e) REQUIRED ACTIVITIES.— 
(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 
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(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 to address student 
behavior and reduce the use of exclusionary and 
aversive discipline practices or interventions, 
such as restorative justice interventions, trau-
ma-informed care, crisis and de-escalation inter-
ventions, implicit bias training, and culturally 
responsive teaching. 
(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 and secondary schools. 
(2) PRIORITY.—A State educational agency or 
local educational agency shall prioritize carrying out 
the activities specified in subparagraphs (A) through 
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(C) of paragraph (1) in public elementary and sec-
ondary 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-
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 
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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 
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- 
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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; 
(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 
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(B) redact all personally identifiable infor-
mation from such data. 
(4) PUBLICATION.—The Secretary shall make 
each report under paragraph (2) publicly available 
on the website of the Department. 
(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-
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. 
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(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-
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-
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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 duties of the 
officer under otherwise applicable law. 
(c) RULE
OF CONSTRUCTION
ON DATA COLLEC-
TION.—Nothing in this Act shall be construed to affect 
the collection of information or data authorized under the 
statutes and regulations implementing title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX 
of the Education Amendments of 1972 (20 U.S.C. 1681 
et seq.), section 504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794 et seq.), or the Department of Education Or-
ganization Act (20 U.S.C. 3401 et seq.). 
SEC. 304. APPLICABILITY. 
(a) PRIVATE SCHOOLS.—Nothing in this Act shall be 
construed to affect any private school that does not receive 
Federal financial assistance. 
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(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-
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 
2021 and each fiscal year thereafter. 
Æ 
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