(2) Providing technical assistance to develop 
and implement evidence-based systematic approaches 
to school-wide positive behavior supports, including 
technical assistance for data-driven decisionmaking 
related to behavioral supports and interventions in 
the classroom and throughout common areas. 
(3) Researching, evaluating, and disseminating 
high-quality evidence-based programs and activities 
that implement school-wide positive behavior sup-
ports with fidelity. 
(4) Supporting other local positive behavior 
support implementation activities consistent with 
this subsection, including outreach to families and 
community agencies and providers, such as mental 
health authorities. 
(g) EVALUATION AND REPORT.—Each State edu-
cational agency receiving a grant under this section shall, 
at the end of the 3-year grant period for such grant, pre-
pare and submit to the Secretary, a report that— 
(1) evaluates the State’s progress toward devel-
oping and implementing evidence-based systematic 
approaches to school-wide positive behavior supports; 
and 
(2) includes such information as the Secretary 
may require. 
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(h) DEPARTMENT
OF
THE INTERIOR.—From the 
amount appropriated under section 11, the Secretary may 
allocate funds to the Secretary of the Interior for activities 
under this section with respect to schools operated or 
funded by the Department of the Interior, under such 
terms as the Secretary of Education may prescribe. 
SEC. 7. NATIONAL ASSESSMENT. 
(a) NATIONAL ASSESSMENT.—The Secretary shall 
carry out a national assessment to— 
(1) determine compliance with the requirements 
of this Act; and 
(2) identify best practices with respect to pro-
fessional development and training programs carried 
out under section 6, which shall include identifying 
evidence-based school personnel training models with 
demonstrated success (including models that empha-
size positive behavior supports and de-escalation 
techniques over physical intervention). 
(b) REPORT.—The Secretary shall submit to the 
Committee on Education and the Workforce of the House 
of Representatives and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate— 
(1) an interim report that summarizes the pre-
liminary findings of the assessment described in sub-
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section (a) not later than 3 years after the date of 
enactment of this Act; and 
(2) a final report of the findings of the assess-
ment not later than 5 years after the date of the en-
actment of this Act. 
SEC. 8. PROTECTION AND ADVOCACY SYSTEMS. 
Protection and Advocacy Systems shall have the au-
thority provided under section 143 of the Developmental 
Disabilities Assistance and Bill of Rights Act of 2000 (42 
U.S.C. 15043) to investigate, monitor, and enforce protec-
tions provided for students under this Act and the amend-
ments made by this Act. 
SEC. 9. LIMITATION OF AUTHORITY. 
(a) IN GENERAL.—Nothing in this Act shall be con-
strued to restrict or limit, or allow the Secretary to restrict 
or limit, any other rights or remedies otherwise available 
to students or parents under Federal, State, or local law 
or regulation. 
(b) APPLICABILITY.— 
(1) PRIVATE SCHOOLS.—Nothing in this Act 
shall be construed to affect any private school that 
does not receive, or does not serve students who re-
ceive, support in any form from any program sup-
ported, in whole or in part, with funds appropriated 
to the Department of Education. 
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(2) HOME SCHOOLS.—Nothing in this Act shall 
be construed to— 
(A) affect a home school, whether or not a 
home school is treated as a private school or 
home school under State law; or 
(B) consider parents who are schooling a 
child at home as school personnel. 
SEC. 10. RULE OF CONSTRUCTION ON DATA COLLECTION. 
Nothing in this Act shall be construed to affect the 
collection of information or data with respect to corporal 
punishment authorized under the statutes and regulations 
implementing title VI of the Civil Rights Act of 1964 (42 
U.S.C. 2000c), title IX of the Education Amendments of 
1972 (20 U.S.C. 1681 et seq.), section 504 of the Reha-
bilitation Act of 1973 (29 U.S.C. 794 et seq.), or the De-
partment of Education Organization Act (20 U.S.C. 3401 
et seq.). 
SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out this Act for fiscal year 
2012 and each of the 4 succeeding fiscal years. 
SEC. 12. DEFINITIONS. 
In this Act: 
(1) CORPORAL PUNISHMENT.—The term ‘‘cor-
poral punishment’’ means paddling, spanking, or 
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other forms of physical punishment, however light, 
imposed upon a student. 
(2) 
EDUCATIONAL
SERVICE
AGENCY.—The 
term ‘‘educational service agency’’ has the meaning 
given such term in section 9101(17) of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 7801(17)). 
(3) ELEMENTARY SCHOOL.—The term ‘‘elemen-
tary school’’ has the meaning given the term in sec-
tion 9101(18) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801(18)). 
(4) LOCAL EDUCATIONAL AGENCY.—The term 
‘‘local educational agency’’ has the meaning given 
the term in section 9101(26) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
7801(26)). 
(5) PARENT.—The term ‘‘parent’’ has the 
meaning given the term in section 9101(31) of the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801(31)). 
(6) POSITIVE BEHAVIOR SUPPORTS.—The term 
‘‘positive behavior supports’’ means a systematic ap-
proach to embed evidence-based practices and data- 
driven decisionmaking to improve school climate and 
culture, including a range of systemic and individ-
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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 
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(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. 
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(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 
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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 
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