(9) 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 of 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 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. 
(c) NONAPPLICABILITY.—Section 615(l) of the Indi-
viduals with Disabilities Education Act (20 U.S.C. 
1415(l)) shall not apply to an action filed pursuant to sub-
section (b), regardless of whether or not the student is 
seeking relief that is also available under the Individuals 
with Disabilities Education Act (20 U.S.C. 1400 et seq.). 
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) 
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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 to not be 
subject to corporal punishment by program personnel and 
the Attorney General believes the complaint is meritorious, 
the Attorney General is authorized, after giving notice of 
such complaint to the appropriate program and after certi-
fying that the Attorney General is satisfied that such pro-
gram has had a reasonable time to adjust the conditions 
alleged in such complaint, to institute for or in the name 
of the United States a civil action in any appropriate dis-
trict 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 insti-
tuted pursuant to this section. The Attorney 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 
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-
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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)) in ac-
cordance 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). 
(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 
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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.). 
SEC. 104. PARENT NOTIFICATION AND PROTECTION AND 
ADVOCACY SYSTEMS. 
(a) NOTIFICATION.—If a student is subject to cor-
poral punishment committed by program personnel at a 
program, 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; 
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(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. 
(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. 
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