SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The lack of accessible, developmentally ap-
propriate, culturally aware, and trauma-informed 
emergency response protocols for children and youth 
in public schools, early childcare and education set-
tings, and institutions of higher education is not a 
trivial issue: 
(A) In 2016, there were 12,032,000 chil-
dren from ages 3 to 5 enrolled in preprimary 
education programs, and almost one-quarter of 
children under the age of 5 are in some form 
of childcare arrangement, including nurseries, 
childcare centers, and preschools. 
(B) In the 2017–2018 school year— 
(i) 14 percent of students in grades 
kindergarten through grade 12 had a dis-
ability; and 
(ii) 
percent 
of 
students 
in 
postbaccalaureate programs self-identified 
as having a disability. 
(2) As of the date of enactment of this Act, lit-
tle has been done to integrate specific populations, 
such as children and youth at various developmental 
stages or children and youth with disabilities, into 
emergency preparedness planning. 
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(3) In 2018 alone, there were 108 natural dis-
asters in the United States, including severe thun-
derstorms, floods, wildfires, droughts, earthquakes, 
and other extreme weather. 
(4) During the 16 academic years from 2000 
through 2015, there were 85 fatal fires in dor-
mitories, fraternities, sororities, and off-campus 
housing, resulting in 118 fatalities—an average of 
approximately 7 per school year. 
(5) The risks associated with natural and man-
made disasters have a disproportionate impact on in-
dividuals with disabilities. People with disabilities 
are 2 to 4 times more likely to die or sustain critical 
injuries during a disaster than people without dis-
abilities. 
(6) Technology plays an increasingly vital role 
in emergency communications but remains largely 
inaccessible for many individuals with disabilities. 
(7) The rise of gun violence and gun violence- 
related deaths has contributed to the expansion of 
school security technologies and devices. While such 
technologies and devices have the potential to save 
lives, they have largely been developed without con-
sideration of the needs of students at various devel-
opmental stages or students with disabilities. Thus, 
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there may be inherent biases within these tech-
nologies and devices that disadvantage or create bias 
toward specific populations. 
(8) As of the date of enactment of this Act, 92 
percent of schools nationwide have an active shooter 
lockdown protocol. More than 1,000,000 elementary- 
age children experienced a lockdown in the 2017– 
2018 school year, and among that group, at least 
220,000 were in kindergarten or prekindergarten. 
(9) While the Department of Homeland Secu-
rity active shooter emergency guidelines recommend 
that students and personnel in school and early 
childcare and education settings ‘‘Run, Hide, and 
Fight’’, these strategies can exacerbate danger for 
young children in prekindergarten and childcare cen-
ters, and can exclude and put at risk students with 
a wide range of disabilities. 
(10) At the height of the 2019 novel 
coronavirus (COVID–19) pandemic, emergency clo-
sures of early education centers, elementary schools, 
secondary schools, and institutions of higher edu-
cation created great disruptions in learning and cast 
a light on educational institutions’ lack of prepared-
ness protocols for public health emergencies. 
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(11) During the pandemic, early care and edu-
cation remains indispensable for the development of 
children and for millions of health care workers, first 
responders, educators, and essential personnel, and 
it is imperative that early care and education centers 
and schools have emergency preparedness plans to 
ensure the safety of students and educators. 
(12) Emergency preparation drills and real-life 
lockdowns where danger may be external can create 
undue stress, fear, and trauma in children, youth, 
employees, and other specific populations in schools, 
early childcare and education settings, and institu-
tions of higher education. 
(13) Traumatic events have a long-lasting and 
profound sensory impact on young children, as birth 
to age 5 is a critical developmental age. Frightening 
visual stimuli, loud noises, violent movements, and 
other sensations associated with an unpredictable 
frightening event, such as in an emergency prepara-
tion drill or lockdown, can cause substantial stress. 
Unlike older children, young children cannot express 
in words whether they feel afraid, overwhelmed, or 
helpless, and may have difficulty regulating their be-
havior and emotions after experiencing trauma. 
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(14) There is an increasing need to ensure the 
establishment of accessible, developmentally appro-
priate, culturally aware, and trauma-informed emer-
gency response protocols, including gun violence re-
sponse and prevention protocols, natural disaster 
preparedness procedures, fire drills, and other emer-
gency preparation drills or lockdown procedures, in 
public schools, early childcare and education set-
tings, and institutions of higher education. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ESEA DEFINITIONS.—The terms ‘‘elemen-
tary school’’, ‘‘local educational agency’’, ‘‘para-
professional’’, ‘‘school leader’’, ‘‘secondary school’’, 
and ‘‘specialized instructional support personnel’’ 
have the meanings given the terms in section 8101 
of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801). 
(2) ACCESSIBLE.—The term ‘‘accessible’’, when 
used with respect to an emergency response protocol, 
means a protocol that— 
(A) is developed in full compliance with 
title II of the Americans with Disabilities Act of 
1990 (42 U.S.C. 12131 et seq.) and the Reha-
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bilitation Act of 1973 (29 U.S.C. 701 et seq.); 
and 
(B) accounts for a comprehensive range of 
disabilities, including children and youth who 
use non-speech modes of communication. 
(3) COUNCIL.—The term ‘‘Council’’ means the 
Council on Emergency Response Protocols estab-
lished under section 4. 
(4) CULTURALLY
AWARE.—The term ‘‘cul-
turally aware’’, when used with respect to an emer-
gency response protocol, means a protocol that— 
(A)(i) incorporates the roles of first re-
sponder personnel, law enforcement personnel, 
school resource officers, and other authorities in 
the communities where the students live and at-
tend school; 
(ii) takes into account the use and preva-
lence of firearms in such communities; and 
(iii) is cognizant of the ways in which Afri-
can American students and students of other 
racial or ethnic minority groups are more likely 
to face disciplinary action in schools; 
(B) is designed to be sensitive to and re-
spect cultural differences and differences in cus-
toms and worldview; and 
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(C) considers the ways in which certain 
emergency events have disparate impact on Af-
rican Americans, Native peoples, and other ra-
cial and ethnic minorities. 
(5) DEVELOPMENTALLY
APPROPRIATE.—The 
term ‘‘developmentally appropriate’’, when used with 
respect to an emergency response protocol, means a 
protocol that is appropriate for children’s ages and 
physical, social, sensory, and emotional develop-
mental statuses. 
(6) DISABILITY.—The term ‘‘disability’’ has the 
meaning given the term in section 3 of the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 
12102). 
(7) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 102 of the Higher 
Education Act of 1965 (20 U.S.C. 1002). 
(8) TRAUMA-INFORMED.—The term ‘‘trauma- 
informed’’, when used with respect to an emergency 
response protocol, means a protocol that— 
(A) recognizes the prevalence of trauma 
and the role that trauma plays in the lives of 
children, youth, and survivors of trauma; 
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(B) considers the physical, psychological, 
and emotional well-being of individuals during 
and after an emergency event; and 
(C) takes an approach that actively com-
bats the traumatization or retraumatization of 
children, youth, and survivors of trauma. 
SEC. 4. ESTABLISHMENT OF COUNCIL ON EMERGENCY RE-
SPONSE PROTOCOLS. 
(a) ESTABLISHMENT.—There is established a Council 
on Emergency Response Protocols. 
(b) COMPOSITION.— 
(1) CHAIRPERSON.—The Secretary of Edu-
cation, in an expeditious manner, shall appoint an 
individual who represents one of the categories de-
scribed in paragraph (2) to serve as a member and 
chairperson of the Council. 
(2) APPOINTED MEMBERS.—By not later than 
90 days after the date of enactment of this Act, the 
chairperson of the Council shall appoint a member 
to the Council for each of the following categories 
(except for the category represented by the chair-
person): 
(A) An executive director or a representa-
tive from a national organization representing 
individuals with disabilities. 
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(B) An executive director or a representa-
tive from a national organization representing 
early childcare educators. 
(C) The executive director or a representa-
tive from a national organization representing 
law enforcement officials. 
(D) The executive director or a representa-
tive from an organization focused on emergency 
preparedness training in early childcare. 
(E) A member of an organization rep-
resenting teachers, school leaders, specialized 
instructional support personnel, and paraprofes-
sionals. 
(F) A member of an organization rep-
resenting school-based child welfare and mental 
health professionals. 
(G) An individual with a physical, sensory, 
intellectual, or developmental disability who has 
demonstrated disability advocacy experience in 
kindergarten through grade 12 education. 
(H) An individual with a mental health 
disability who has been enrolled in an institu-
tion of higher education for at least a year dur-
ing the 5 years prior to the date of the individ-
ual’s appointment to the Council. 
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(I) An individual with a physical, sensory, 
intellectual, or developmental disability who has 
been enrolled in an institution of higher edu-
cation for a year prior to the date of the indi-
vidual’s appointment to the Council. 
(J) A parent or guardian of a child in an 
early childcare and education program. 
(K) A parent or guardian of a child with 
a physical, sensory, intellectual, or develop-
mental disability in— 
(i) an early childcare and education 
program; or 
(ii) a public elementary school or sec-
ondary school. 
(3) FEDERAL MEMBERS.— 
(A) DEPARTMENT
OF
EDUCATION
MEM-
BERS.—The following officers of the Depart-
ment of Education shall serve as members of 
the Council: 
(i) The Assistant Secretary of the Of-
fice of Planning, Evaluation, and Policy 
Development. 
(ii) The Assistant Secretary of the Of-
fice of Special Education and Rehabilita-
tive Services. 
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(iii) The Assistant Secretary for Civil 
Rights. 
(iv) The Director for the Office of 
Early Learning. 
(v) The Director of the Office of Spe-
cial Education Programs. 
(B) HEALTH AND HUMAN SERVICES MEM-
BERS.—The following officers of the Adminis-
tration for Children and Families of the De-
partment of Health and Human Services shall 
serve as members of the Council: 
(i) The Director of the Office of Child 
Care. 
(ii) The Director of the Office of 
Head Start. 
(C) FEMA MEMBER.—The Administrator 
of the Federal Emergency Management Agency 
shall serve as a member of the Council. 
(4) ADDITIONAL REQUIREMENTS.—The chair-
person shall ensure that not less than 1 of the mem-
bers appointed under paragraph (2) has directly ex-
perienced, as a student, gun violence or another 
emergency event in which a lockdown protocol was 
enforced in an educational setting that was the pri-
mary target of the emergency event. 
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(c) MEETINGS.— 
(1) INITIAL MEETING.—The Council shall hold 
its first meeting not later than 90 days after the 
date of enactment of this Act. 
(2) FREQUENCY.—The Council shall meet at 
the call of the chairperson. 
(3) QUORUM.—A majority of the members of 
the Council shall constitute a quorum, but a lesser 
number of members may hold hearings. 
SEC. 5. DUTIES. 
(a) HEARING.—The Council shall hold a hearing with 
relevant stakeholders, including students and educators, 
principals and other school leaders, childcare experts, dis-
ability advocates, civil rights advocates, law enforcement, 
security experts, and others, not later than 120 days after 
the date of enactment of this Act. 
(b) STUDY AND REVIEW.—The Council shall— 
(1) study emergency response protocols, includ-
ing gun violence response and prevention protocols, 
natural disaster preparedness procedures, fire drills, 
and other emergency preparation drills or lockdown 
procedures, for educational settings including early 
childcare and education settings, elementary schools 
and secondary schools, and institutions of higher 
education; and 
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(2) conduct a complete and thorough review of 
the relevant literature and research surrounding 
emergency response protocols in such educational 
settings and the impact that emergency response 
protocols can have on specific populations of chil-
dren, youth, and employees, including the effects on 
children living in poverty and children of color. 
(c) RECOMMENDATIONS
AND GUIDELINES.—After 
completing the study and review described in subsection 
(b), the Council shall provide— 
(1) recommendations that ensure that States, 
early childcare and education settings, local edu-
cational agencies, and institutions of higher edu-
cation are provided with accurate information about 
the needs of specific populations of children, youth, 
and employees during emergencies; 
(2) guidelines for States, early childcare and 
education settings, local educational agencies, and 
institutions of higher education to use in developing 
and implementing emergency response protocols, in-
cluding gun violence response and prevention proto-
cols, natural disaster preparedness procedures, fire 
drills, and other emergency preparation drills or 
lockdown procedures, that are inclusive and acces-
sible; and 
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(3) guidelines— 
(A) for the development and implementa-
tion of accessible, developmentally appropriate, 
culturally aware, and trauma-informed emer-
gency response protocols, including gun violence 
response and prevention protocols, natural dis-
aster preparedness procedures, fire drills, and 
other emergency preparation drills or lockdown 
procedures, that include information about— 
(i) preparedness drills, including dis-
cussions and seminars on emergency pre-
paredness, workshops, and full-scale emer-
gency simulations; 
(ii) emergency communications; 
(iii) training for educators, early 
childcare and education staff, administra-
tors, and support personnel, including— 
(I) training addressing implicit 
biases on the basis of race, national 
origin, socioeconomic status, religion, 
disability, and sex (including sexual 
orientation and gender identity); and 
(II) other training to ensure the 
nondiscriminatory application of pro-
tocols and treatment of students; 
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(iv) the use of technology; and 
(v) other issues determined appro-
priate by the Council; 
(B) for the use of Federal funds by States, 
early childcare and education programs, local 
educational agencies, and institutions of higher 
education to develop and implement emergency 
response protocols, including gun violence re-
sponse and prevention protocols, natural dis-
aster preparedness procedures, fire drills, and 
other emergency preparation drills or lockdown 
procedures, that are inclusive and accessible; 
and 
(C) for States to create and develop rec-
ommendations for oversight for public elemen-
tary schools and secondary schools, early 
childcare and education settings, and institu-
tions of higher education to ensure any emer-
gency response protocols— 
(i) are inclusive and accessible; 
(ii) protect student privacy; and 
(iii) avoid exacerbating risk for chil-
dren and youth with disabilities, young 
children, employees, and other specific pop-
ulations. 
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(d) REPORT.—By not later than 18 months after the 
date of enactment of this Act, the Council shall prepare 
and submit to Congress a detailed report that contains— 
(1) findings from stakeholders related to the 
challenges faced by children and youth with disabil-
ities, young children, and other specific populations 
with regard to emergency response protocols, includ-
ing gun violence response and prevention protocols, 
natural disaster preparedness procedures, fire drills, 
and other emergency preparation drills or lockdown 
procedures; and 
(2) the recommendations and guidelines de-
scribed in subsection (c). 
SEC. 6. POWERS OF COUNCIL. 
(a) HEARINGS.—The Council may hold such hear-
ings, sit and act at such times and places, take such testi-
mony, and receive such evidence as the Council considers 
advisable to carry out this Act. 
(b) INFORMATION FROM FEDERAL AGENCIES.— 
(1) IN GENERAL.—The Council may secure di-
rectly from a Federal department or agency such in-
formation as the Council considers necessary to 
carry out this Act. 
(2) FURNISHING INFORMATION.—On request of 
the chairperson of the Council, the head of the de-
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