SEC. 2. GRANTS TO ESTABLISH A NATIONAL EDUCATION 
PROTECTION AND ADVOCACY PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) AMERICAN INDIAN CONSORTIUM.—The term 
‘‘American Indian consortium’’ has the meaning 
given the term in section 102 of the Developmental 
Disabilities Assistance and Bill of Rights Act of 
2000 (42 U.S.C. 15002). 
(2) EDUCATIONAL SETTING.—The term ‘‘edu-
cational setting’’ includes any setting, in which a 
student (including a child, youth, or an adult) who 
may be eligible for education or related services 
under, or is otherwise protected by, the laws de-
scribed in subsection (b) receives such education or 
services. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
(4) 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). 
(b) PROGRAM ESTABLISHED.—The Secretary shall 
make grants to protection and advocacy systems for the 
purpose of protecting the rights and advocating for the 
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educational needs of children, youth, and adults who are 
(or may be) protected by or eligible for education or re-
lated services under the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1400 et seq.), section 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794), or the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.). 
(c) USES OF FUNDS.—A protection and advocacy 
system shall use a grant under this section to carry out 
one or more of the following: 
(1) Monitoring and identifying conditions and 
practices that violate the laws described in sub-
section (b) with respect to the rights of students 
with disabilities. 
(2) Advocating for safe and humane conditions 
and the elimination of aversive and other dangerous 
practices at educational settings, including seclusion 
and restraint. 
(3) Collaborating with parent training and in-
formation centers, as described in section 671 of the 
Individuals with Disabilities Education Act (20 
U.S.C. 1471), to ensure that needed advocacy and 
information is provided for families and individuals 
protected by or eligible for education-related serv-
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ices, protection, and rights under the laws described 
in subsection (b). 
(4) Advocating for redress of violations of the 
law and providing advocacy in dispute resolution 
proceedings. 
(5) Advocating for systemic change in edu-
cational settings to address violations of the laws de-
scribed in subsection (b). 
(6) Pursuing administrative, legal, and other 
appropriate remedies to ensure that children, youth, 
and adults with disabilities in educational settings 
are eligible for and receiving the education, related 
services, protections, and rights to which they are 
entitled under the laws described in subsection (b). 
(d) SYSTEM REQUIREMENTS.—To be eligible for a 
grant under this section, a protection and advocacy system 
shall— 
(1) have the authority to investigate incidents 
of abuse and neglect of youth, children, and adults 
with disabilities in educational settings if the inci-
dents are reported to the protection and advocacy 
system or if there is probable cause to believe that 
the incidents occurred; 
(2) have the authority to pursue legal, adminis-
trative, and other appropriate remedies or ap-
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proaches to ensure the protection of, and advocacy 
for, the rights of children, youth, and adults in edu-
cational settings who are protected by or are (or 
may be) eligible for education or related services 
under the laws described in subsection (b); and 
(3) have the same authorities as set forth in 
section 143 of the Developmental Disabilities Assist-
ance and Bill of Rights Act of 2000 (42 U.S.C. 
15043) and any regulations issued under such sec-
tion, including the authority to access individuals, 
records, and educational settings. 
(e) APPLICATION.—A protection and advocacy sys-
tem shall submit an application to the Secretary at such 
time, in such form and manner, and accompanied by such 
information as the Secretary may require, and shall in-
clude a description of how the system will use grant funds 
to address the needs of children, youth, and adults with 
disabilities in educational settings. 
(f) APPROPRIATIONS LESS THAN $6,750,000.— 
(1) IN GENERAL.—With respect to any fiscal 
year for which the amount appropriated pursuant to 
subsection (o) to carry out this section is less than 
$6,750,000, the Secretary shall reserve funds in ac-
cordance with subsection (n)(1) and make grants 
from such remaining amounts among protection and 
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advocacy systems that apply for a grant under this 
section. 
(2) AMOUNT
OF
GRANT.—The amount of a 
grant under paragraph (1) shall not be less than— 
(A) $120,000 for a protection and advo-
cacy system located in 1 of the several States, 
the District of Columbia, or the Commonwealth 
of Puerto Rico; and 
(B) $60,000 for a protection and advocacy 
system located in American Samoa, the Com-
monwealth of the Northern Mariana Islands, 
Guam, the United States Virgin Islands, or the 
American Indian Consortium. 
(g) APPROPRIATIONS OF $6,750,000 OR MORE.— 
(1) IN GENERAL.—With respect to any fiscal 
year in which the amount appropriated pursuant to 
subsection (o) to carry out this section is not less 
than $6,750,000, the Secretary shall reserve funds 
in accordance with subsection (n)(2) and make 
grants from such remaining amounts not later than 
January 1 of the fiscal year to protection and advo-
cacy systems that apply for a grant under this sec-
tion. 
(2) AMOUNT OF GRANT.—Subject to paragraph 
(3), the amount of a grant to a protection and advo-
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cacy system under paragraph (1) shall be equal to 
an amount bearing the same ratio to the total 
amount appropriated for the fiscal year involved 
pursuant to subsection (o) and not reserved as the 
population of the State in which the grantee is lo-
cated bears to the population of all States. 
(3) MINIMUMS.—The amount of a grant under 
paragraph (1) shall not be less than— 
(A) $120,000 for a protection and advo-
cacy system located in one of the several States, 
the District of Columbia, or the Commonwealth 
of Puerto Rico; and 
(B) $60,000 for a protection and advocacy 
system located in American Samoa, the Com-
monwealth of the Northern Mariana Islands, 
Guam, or the United States Virgin Islands, and 
for the system serving the American Indian 
Consortium. 
(4) ADJUSTMENT.—For each fiscal year in 
which the total amount appropriated under sub-
section (o) to carry out this section is $10,000,000 
or more, and such appropriated amount exceeds the 
total amount appropriated to carry out this section 
for the preceding fiscal year, the Secretary shall in-
crease each of the minimum grant amounts de-
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scribed in subparagraphs (A) and (B) of paragraph 
(3) by a percentage equal to the percentage increase 
in the total amount appropriated under subsection 
(o) to carry out this section between the preceding 
fiscal year and the fiscal year involved. 
(h) DIRECT PAYMENT.—Notwithstanding any other 
provision of law, the Secretary shall pay directly to any 
protection and advocacy system that complies with this 
section, the total amount of the grant for such system, 
unless the system provides otherwise for such payment. 
(i) NO MATCHING FUNDS REQUIRED.—The Federal 
share of a grant under this section shall be 100 percent 
and a grant recipient shall not be required to provide 
matching funds. 
(j) ANNUAL REPORT.—Each protection and advocacy 
system that receives a grant under this section shall sub-
mit an annual report to the Secretary concerning the serv-
ices provided to protect and advocate for the educational 
needs of children, youth, and adults who are (or may be) 
eligible for education and related services under the laws 
described in subsection (b). 
(k) ADMINISTRATIVE, REPORTING, AND OVERSIGHT 
REQUIREMENTS.—To the extent possible, reporting, moni-
toring, program financing, and other administrative and 
oversight requirements established by the Secretary under 
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this section shall be consistent with the administrative, re-
porting, and oversight requirements for a protection and 
advocacy system under the Developmental Disabilities As-
sistance and Bill of Rights Act of 2000 (42 U.S.C. 150001 
et seq.). 
(l) SUPPLEMENT, NOT SUPPLANT.—A protection and 
advocacy system receiving funds under this section shall 
use such funds to supplement, and not supplant, funds 
used to protect the rights and advocate for the educational 
needs of children, youth, and adults who are (or may be) 
protected under or eligible for services under the laws de-
scribed in subsection (b). 
(m) CARRYOVER
AND
PROGRAM
INCOME.—Any 
amounts paid to a protection and advocacy system for a 
fiscal year under this section that remain unobligated at 
the end of such fiscal year shall remain available to such 
system for obligation during the subsequent fiscal year. 
Program income generated from such amounts shall be 
considered additive and shall remain available for 5 addi-
tional fiscal years after the year in which such amount 
was paid to the protection and advocacy system. 
(n) TECHNICAL ASSISTANCE.— 
(1) 
APPROPRIATIONS
OF
LESS
THAN 
$6,750,000.—For any fiscal year for which the 
amount appropriated to carry out this section is less 
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than $6,750,000, the Secretary shall set aside 1 per-
cent of the funds appropriated (but not less than 
$50,000) to make a grant to or a contract or cooper-
ative agreement with a national organization with 
experience in providing training and technical assist-
ance to protection and advocacy systems to provide 
such training and technical assistance. 
(2) APPROPRIATIONS
OF
NOT
LESS
THAN 
$6,750,000.—For any fiscal year for which the 
amount appropriated to carry out this section is not 
less than $6,750,000, the Secretary shall set aside 
2 percent of the funds appropriated to make a grant 
to or contract or cooperative agreement with a na-
tional organization with experience in providing 
training and technical assistance to protection and 
advocacy systems to provide such training and tech-
nical assistance. 
(o) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section for each of fiscal years 
2023 through 2032. 
Æ 
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