I 
118TH CONGRESS 
1ST SESSION H. R. 2690 
To reduce exclusionary discipline practices in schools, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 18, 2023 
Ms. PRESSLEY (for herself, Ms. OMAR, Mrs. WATSON COLEMAN, Mrs. 
BEATTY, Mr. BOWMAN, Ms. CLARKE of New York, Ms. ADAMS, Mr. 
CASAR, Ms. JACOBS, Ms. TLAIB, Mr. CARTER of Louisiana, Ms. OCASIO- 
CORTEZ, Mr. JOHNSON
of Georgia, Ms. LEE
of California, Ms. 
VELA´ZQUEZ, Ms. MENG, Mr. GREEN of Texas, Mr. TRONE, Ms. 
JAYAPAL, and Mr. DESAULNIER) introduced the following bill; which was 
referred to the Committee on Education and the Workforce 
A BILL 
To reduce exclusionary discipline practices in schools, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ending Punitive, Un-
fair, School-based Harm that is Overt and Unresponsive 
to Trauma Act of 2023’’ or the ‘‘Ending PUSHOUT Act 
of 2023’’. 
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SEC. 2. PURPOSE. 
It is the purpose of this Act to— 
(1) strengthen data collection related to exclu-
sionary discipline practices in schools and the dis-
criminatory application of such practices, which dis-
proportionately pushes students of color, particularly 
girls of color, out of school; 
(2) eliminate the discriminatory use and over-
use of exclusionary discipline practices based on ac-
tual or perceived race, ethnicity, color, national ori-
gin, sex (including sexual orientation, gender iden-
tity, pregnancy, childbirth, a medical condition re-
lated to pregnancy or childbirth, parenting status, or 
other stereotype related to sex), or disability; 
(3) eliminate all unnecessary loss of instruc-
tional time due to unsound or excessive use of for-
mal and informal disciplinary removal from instruc-
tional settings; and 
(4) prevent the criminalization and pushout of 
students from school, especially Black and Brown 
girls, as a result of educational barriers that include 
discrimination, adultification, punitive discipline poli-
cies and practices, and a failure to recognize and 
support students with mental health needs or experi-
encing trauma. 
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SEC. 3. DEFINITIONS. 
In this Act: 
(1) ACT OF INSUBORDINATION.—The term ‘‘act 
of insubordination’’ means an act that disrupts a 
school activity or instance when a student willfully 
defies the valid authority of a school official. 
(2) APPEARANCE OR GROOMING POLICY.—The 
term ‘‘appearance or grooming policy’’ means any 
practice, policy, or portion of a student conduct code 
that governs or restricts the appearance of students, 
including policies that— 
(A) restrict or prescribe clothing that a 
student may wear (including hijabs, headwraps, 
or bandanas); 
(B) restrict specific hair styles (such as 
braids, locs, twists, Bantu knots, cornrows, ex-
tensions, or afros); or 
(C) restrict whether or how a student may 
apply make-up, nail polish, or other cosmetics. 
(3) CHEMICAL RESTRAINT.—The term ‘‘chem-
ical restraint’’ means a drug or medication used on 
a student to control behavior or restrict freedom of 
movement that is not— 
(A) prescribed by a licensed physician, or 
other qualified health professional acting under 
the scope of the professional’s authority under 
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State law, for the standard treatment of a stu-
dent’s medical or psychiatric condition; and 
(B) administered as prescribed by a li-
censed physician or other qualified health pro-
fessional acting under the scope of the author-
ity of a health professional under State law. 
(4) CORPORAL PUNISHMENT.—The term ‘‘cor-
poral punishment’’ means, with respect to a student, 
a deliberate act which causes the student to feel 
physical pain for the purpose of discipline, including 
an act of physical force, such as striking, spanking, 
or paddling, inflicted on a student’s body, requiring 
a student to assume a painful physical position, or 
the use of chemical sprays, electroshock weapons, or 
stun guns on a student’s body. 
(5) CULTURALLY SUSTAINING.—The term ‘‘cul-
turally sustaining’’ describes educational practices 
that encourage students to bring their cultural and 
linguistic assets and life experiences to a school com-
munity. Culturally sustaining practices incorporate 
those assets and experiences into coursework and the 
social fabric of a school. 
(6) DIRECT
SUPERVISION.—The term ‘‘direct 
supervision’’ means a student is physically in the 
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same location as a school official and such student 
is under the care of the school official or school. 
(7) DISABILITY.—The term ‘‘disability’’ means 
a mental or physical disability that meets the condi-
tions set forth in clauses (i) and (ii) of section 
602(3)(A) of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1401(3)(A)(i) and (ii)) or in 
section 504 of the Rehabilitation Act (29 U.S.C. 
794). 
(8) DISCIPLINARY ALTERNATIVE SCHOOL.—The 
term ‘‘disciplinary alternative school’’ means a short- 
or long-term educational setting to which a student 
is sent for disciplinary or behavioral reasons for a 
specified amount of time before being allowed to re-
turn to their regular school setting. 
(9) ELEMENTARY AND SECONDARY EDUCATION 
ACT
TERMS.—The terms ‘‘elementary school’’, 
‘‘English learner’’, ‘‘local educational agency’’, ‘‘sec-
ondary school’’, and ‘‘State educational agency’’ has 
the meanings given such terms in section 8101 of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801). 
(10) EXCLUSIONARY
DISCIPLINE.—The term 
‘‘exclusionary discipline’’ describes school policies 
and practices, whether formal or informal action of 
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school officials or by law enforcement, used to dis-
cipline students by removing them from their regular 
learning environment. 
(11) GENDER
IDENTITY.—The term ‘‘gender 
identity’’ means the gender-related identity, appear-
ance, mannerisms, or other gender-related character-
istics of an individual regardless of the designated 
sex at birth of the individual. 
(12) INFORMAL REMOVAL.—The term ‘‘infor-
mal removal’’ means an administrative removal of a 
student from the learning environment for part or 
all of the school day, or an indefinite period of time, 
without documenting the removal as a suspension or 
expulsion or engaging in formalized disciplinary 
processes. 
(13) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 4(e) of 
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 5304(e)). 
(14) IN-SCHOOL SUSPENSION.—The term ‘‘in- 
school suspension’’ means an instance in which a 
student is temporarily removed from a regular class-
room for at least half a day but remains under the 
direct supervision of a school official. 
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(15) 
MECHANICAL
RESTRAINT.—The 
term 
‘‘mechanical restraint’’ has the meaning given the 
term in section 595(d)(1) of the Public Health Serv-
ice Act (42 U.S.C. 290jj(d)(1)), except that the 
meaning shall be applied by substituting ‘‘student’’ 
for ‘‘resident’’. 
(16) MULTI-TIERED SYSTEM OF SUPPORTS.— 
The term ‘‘multi-tiered system of supports’’ means 
a comprehensive continuum of evidence-based, sys-
temic practices to support a rapid response to the 
needs of students, with regular observation to facili-
tate data-based instructional decision making. 
(17) OUT-OF-SCHOOL SUSPENSION.—The term 
‘‘out-of-school suspension’’ means an instance in 
which a student is excluded from their school for 
disciplinary reasons by temporarily being removed 
from regular classes to another setting, including a 
home, virtual school placement, alternative school 
placement, disciplinary alternative school, or behav-
ior center, regardless of whether such disciplinary 
removal is deemed as a suspension by school offi-
cials. 
(18) PHYSICAL ESCORT.—The term ‘‘physical 
escort’’ has the meaning given the term in section 
595(d)(2) of the Public Health Service Act (42 
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U.S.C. 290jj(d)(2)), except that the meaning shall 
be applied by substituting ‘‘student’’ for ‘‘resident’’. 
(19) PHYSICAL RESTRAINT.—The term ‘‘phys-
ical restraint’’ means a personal restriction that im-
mobilizes or reduces the ability of an individual to 
move the individual’s arms, legs, torso, or head free-
ly, except that such term does not include a physical 
escort, mechanical restraint, or chemical restraint. 
(20) POSITIVE
BEHAVIORAL
INTERVENTIONS 
AND
SUPPORTS.—The term ‘‘positive behavioral 
interventions and supports’’ means a schoolwide, 
systematic approach that embeds evidence-based 
practices and data-driven decision-making to im-
prove school climate and culture in order to achieve 
improved academic and social outcomes and increase 
learning for all students (including students with the 
most complex and intensive behavioral needs) and 
encompasses a range of systemic and individualized 
positive strategies to teach and reinforce school-ex-
pected behaviors, while discouraging and diminishing 
undesirable behaviors. 
(21) PUSHOUT.—The term ‘‘pushout’’ means 
an instance when a student leaves elementary, mid-
dle or secondary school, including a forced transfer 
to another school, prior to graduating secondary 
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school due to overuse of exclusionary discipline prac-
tices, failure to address trauma or other mental 
health needs, discrimination, or other educational 
barriers that do not support or promote the success 
of a student. 
(22) SCHOOL-BASED LAW ENFORCEMENT OFFI-
CER.—The term ‘‘school-based law enforcement offi-
cer’’ means an individual who— 
(A) is— 
(i) assigned by a law enforcement 
agency to a secondary or elementary school 
or local educational agency; 
(ii) contracting with a secondary or el-
ementary school or local educational agen-
cy; or 
(iii) employed by a secondary or ele-
mentary school or local educational agency; 
(B) has the legal power to detain, arrest, 
issue a citation, perform a custodial investiga-
tion, or refer a person to a criminal or juvenile 
court; 
(C) meets the definition of a law enforce-
ment personnel under State law; or 
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(D) may be referred to as a ‘‘school re-
source officer’’, a ‘‘sworn law enforcement offi-
cer’’, or a ‘‘school police officer’’. 
(23) SCHOOL OFFICIAL.—The term ‘‘school of-
ficial’’ means an educator, school principal, adminis-
trator, or other personnel, not considered school- 
based law enforcement, engaged in the performance 
of duties with respect to a school. 
(24) SECLUSION.—The term ‘‘seclusion’’ means 
the involuntary confinement of a student alone in a 
room or area where the student is physically pre-
vented from leaving, and does not include a time 
out. 
(25) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Education. 
(26) SERIOUS BODILY INJURY.—The term ‘‘se-
rious bodily injury’’ has the meaning given that term 
in section 1365(h)(3) of title 18, United States 
Code. 
(27) SEXUAL ORIENTATION.—The term ‘‘sexual 
orientation’’ means how a person identifies in terms 
of their emotional, romantic, or sexual attraction, 
and includes identification as straight, heterosexual, 
gay, lesbian, or bisexual, among other terms. 
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(28) SPECIAL EDUCATION SCHOOL.—The term 
‘‘special education school’’ means a school that fo-
cuses primarily on serving the needs of students who 
qualify as ‘‘a child with a disability’’ as that term 
is defined under section 602(3)(A)(i) of the Individ-
uals with Disabilities Education Act (20 U.S.C. 
1401(3)(A)(i)) or are subject to section 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794). 
(29) THREAT ASSESSMENT.—The term ‘‘threat 
assessment’’ means actions consisting of referrals or 
meetings initiated by a member of school staff, ad-
ministrator, school counselor, or educator that in-
clude law enforcement officers to assess whether a 
student constitutes a threat or risk to self or others. 
(30) TIME OUT.—The term ‘‘time out’’ has the 
meaning given the term in section 595(d)(5) of the 
Public Health Service Act (42 U.S.C. 290jj(d)(5)), 
except that the meaning shall be applied by sub-
stituting ‘‘student’’ for ‘‘resident’’. 
(31) TRAUMA-INFORMED SERVICES.—The term 
‘‘trauma-informed services’’ means a service delivery 
approach that— 
(A) recognizes and responds to the impacts 
of trauma with evidence-based supports and 
intervention; 
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(B) emphasizes physical, psychological, and 
emotional safety for both providers of services 
and survivors of trauma; and 
(C) creates opportunities for survivors of 
trauma to rebuild a sense of healing and em-
powerment. 
(32) ZERO-TOLERANCE
POLICY.—The term 
‘‘zero-tolerance policy’’ is a school discipline policy 
that results in an automatic disciplinary con-
sequence, including out-of-school suspension, expul-
sion, and involuntary school transfer. 
SEC. 4. STRENGTHENING CIVIL RIGHTS DATA COLLECTION 
WITH 
RESPECT 
TO 
EXCLUSIONARY 
DIS-
CIPLINE IN SCHOOLS. 
(a) IN GENERAL.—The Assistant Secretary for Civil 
Rights shall annually carry out data collection, while 
maintaining appropriate safety and privacy standards, au-
thorized under section 203(c)(1) of the Department of 
Education Organization Act (20 U.S.C. 3413(c)(1)), 
which shall include data with respect to students enrolled 
in a public preschool, elementary, or secondary school (in-
cluding traditional public, charter, virtual, special edu-
cation school, and alternative schools or placements) who 
received the following disciplinary actions during the pre-
ceding school year: 
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(1) Suspension (including the classification of 
the suspension as in-school suspension or out-of- 
school suspension), which shall include data with re-
spect to— 
(A) the number of students who were sus-
pended, disaggregated and cross-tabulated by 
type of suspension and by— 
(i) enrollment in a preschool or in an 
elementary school and secondary school by 
grade level; 
(ii) race; 
(iii) ethnicity; 
(iv) sex (including, to the extent pos-
sible, sexual orientation and gender iden-
tity); 
(v) low-income status; 
(vi) disability status (including stu-
dents eligible for disability under the Indi-
viduals with Disabilities Education Act (20 
U.S.C. 1401 et. seq.) or section 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 10 
794)); 
(vii) English learner status; 
(viii) foster care status; 
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(ix) housing status, to the extent pos-
sible; 
(x) Tribal citizenship or descent, in 
the first or second degree, of an Indian 
Tribe, to the extent possible; and 
(xi) pregnant and parenting student 
status, to the extent possible; 
(B) the number and length of suspensions; 
(C) the reason for each such suspension, 
including— 
(i) a violation of a zero-tolerance pol-
icy and whether such violation was due to 
a violent or nonviolent offense; 
(ii) a violation of an appearance pol-
icy, dress code, or grooming policy; 
(iii) an act of insubordination; 
(iv) willful defiance; and 
(v) a violation of a school code of con-
duct; and 
(D) the number of days of lost instruction 
due to each out-of-school and in-school suspen-
sion. 
(2) Expulsion, including agreements to with-
draw a child from school in lieu of an expulsion 
process, which shall include data with respect to— 
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(A) the number of students who were ex-
pelled, disaggregated and cross-tabulated as 
outlined under clauses (i) through (xi) of sub-
section (a)(1)(A); and 
(B) the reason for each such expulsion, in-
cluding— 
(i) a violation of a zero-tolerance pol-
icy and whether such violation was due to 
a violent or nonviolent offense; 
(ii) a violation of an appearance pol-
icy, dress code, or grooming policy; 
(iii) an act of insubordination, willful 
defiance, or violation of a school code of 
conduct; 
(iv) the use of profane or vulgar lan-
guage; 
(v) an act of insubordination; and 
(vi) a violation of a school code of 
conduct. 
(3) The number of students subject to an out- 
of-school transfer to a different school, including al-
ternative education placements or a virtual school, 
disaggregated and cross-tabulated as outlined under 
clauses (i) through (xi) of subsection (a)(1)(A), and 
the primary reason for each such transfer. 
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(4) The number of students subject to a refer-
ral to law enforcement or threat assessment process, 
disaggregated and cross-tabulated as outlined under 
clauses (i) through (xi) of subsection (a)(1)(A), in-
cluding the primary reason for each such referral, 
and whether such referral resulted in an arrest. 
(5) The number of students arrested at school, 
including 
at 
school-sponsored 
activities, 
disaggregated and cross-tabulated as outlined under 
clauses (i) through (xi) of subsection (a)(1)(A), and 
the primary reason for such arrest. 
(6) The number of students subject to a refer-
ral to or placement in a residential facility, including 
for temporary or short-term holds (such as 48-hour 
or 72-hour holds) disaggregated and cross-tabulated 
as outlined under clauses (i) through (xi) of sub-
section (a)(1)(A). 
(7) The number of students subject to place-
ment in juvenile or criminal legal confinement or 
other institutionalized settings, including diversion 
to arrest programs and mental and psychiatric pro-
grams, disaggregated and cross-tabulated as outlined 
under clauses (i) through (xi) of subsection 
(a)(1)(A). 
(b) REPORT.— 
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(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, and an-
nually thereafter, the Assistant Secretary for Civil 
Rights shall submit to Congress a report on the data 
collected under subsection (a). 
(2) 
REQUIREMENTS.—The 
report 
required 
under paragraph (1) shall— 
(A) identify, with respect to the data col-
lected under subsection (a), schools, local edu-
cational agencies, and States that demonstrate 
a pattern of the overuse and discriminatory use 
of exclusionary disciplinary practices; 
(B) be disaggregated and cross tabulated, 
except that such disaggregation shall not be re-
quired in the case of a State, local educational 
agency, or a school in which the number of stu-
dents in a subgroup is insufficient to yield sta-
tistically reliable information or the results 
would reveal personally identifiable information 
about an individual student, by— 
(i) enrollment in a preschool or in an 
elementary school and secondary school by 
grade level; 
(ii) race; 
(iii) ethnicity; 
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(iv) sex (including, to the extent pos-
sible, sexual orientation and gender iden-
tity); 
(v) low-income status; 
(vi) disability status (including stu-
dents eligible for disability under the Indi-
viduals with Disabilities Education Act (20 
U.S.C. 1401 et. seq.) or section 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 
794)); 
(vii) English learner status; 
(viii) foster care status; 
(ix) housing status, to the extent pos-
sible; 
(x) Tribal citizenship or descent, in 
the first or second degree, of an Indian 
Tribe; and 
(xi) pregnant and parenting student 
status, to the extent possible; 
(C) be publicly accessible in multiple lan-
guages, accessibility formats, and provided in a 
language that parents, families, and community 
members can understand; and 
(D) be presented in a manner that protects 
the privacy of individuals consistent with the re-
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quirements of section 444 of the General Edu-
cation Provisions Act (20 U.S.C. 1232g), com-
monly known as the ‘‘Family Educational 
Rights and Privacy Act of 1974’’. 
SEC. 5. GRANTS TO REDUCE EXCLUSIONARY SCHOOL DIS-
CIPLINE PRACTICES. 
(a) IN GENERAL.—The Secretary shall award grants 
(which shall be known as the ‘‘Healing School Climate 
Grants’’), on a competitive basis, to eligible entities for 
the purpose of reducing the overuse and discriminatory 
use of exclusionary discipline practices and policies in 
schools. 
(b) ELIGIBLE ENTITIES.—In this section, the term 
‘‘eligible entity’’ means— 
(1) one or more local educational agencies (who 
may be partnered with a State educational agency), 
including a public charter school that is a local edu-
cational agency under State law or local educational 
agency operated by the Bureau of Indian Education; 
or 
(2) a nonprofit organization (defined as an or-
ganization described in section 501(c)(3) of the In-
ternal Revenue Code, which is exempt from taxation 
under section 501(a) of such Code) with a track 
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record of success in improving school climates and 
supporting students. 
(c) APPLICATION.—An eligible entity seeking a grant 
under this section shall submit an application to the Sec-
retary at such time, in such manner, and containing such 
information as the Secretary may require, including an as-
surance that the eligible entity shall prioritize schools with 
high rates of disparities in exclusionary discipline, such 
as suspensions, expulsions, law enforcement referrals, and 
school-based arrests, for students of color, students with 
disabilities, LGBTQI+ students, English language learn-
ers, students experiencing homelessness, students involved 
in the foster care system, and students living at the inter-
sections of these identities, and historical patterns of dis-
parities in exclusionary school discipline. The Secretary 
shall make applications publicly accessible in an appro-
priate digital format. 
(d) PROGRAM REQUIREMENT.—An eligible entity 
that receives a grant under subsection (a) shall prohibit 
the use of— 
(1) out-of-school suspension or expulsion for 
any student in preschool through grade 5 for inci-
dents that do not involve serious physical injury; 
(2) out-of-school suspension or expulsion for 
any student in preschool through grade 12 for insub-
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ordination, willful defiance, vulgarity, truancy, tardi-
ness, chronic absenteeism, or as a result of a viola-
tion of a grooming or appearance policy; 
(3) corporal punishment; 
(4) seclusion; 
(5) a mechanical or chemical restraint on a stu-
dent; or 
(6) a physical restraint or physical escort that 
is life threatening, that restricts breathing, or that 
restricts blood flow to the brain, including prone and 
supine restraint, on a student, except when each of 
the following requirements are met: 
(A) The student’s behavior poses an immi-
nent danger of serious physical injury to the 
student, program personnel, or another indi-
vidual. 
(B) Before using physical restraint, less 
restrictive interventions would be ineffective in 
stopping such imminent danger of serious phys-
ical injury. 
(C) Such physical restraint is imposed 
by— 
(i) program personnel trained and cer-
tified by a State-approved crisis interven-
tion training program; or 
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E:\BILLS\H2690.IH
H2690
kjohnson on DSK79L0C42PROD with BILLS