I 
116TH CONGRESS 
2D SESSION 
H. R. 8187 
To authorize grants to establish a national education protection and advocacy 
program to enforce the rights and protections under the Individuals 
with Disabilities Education Act, the Americans with Disabilities Act 
of 1990, and section 504 of the Rehabilitation Act of 1973, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 8, 2020 
Mr. DESAULNIER introduced the following bill; which was referred to the 
Committee on Education and Labor 
A BILL 
To authorize grants to establish a national education protec-
tion and advocacy program to enforce the rights and 
protections under the Individuals with Disabilities Edu-
cation Act, the Americans with Disabilities Act of 1990, 
and section 504 of the Rehabilitation Act of 1973, 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 ‘‘Protection and Advo-
cacy in Education Act’’. 
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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, including Fed-
eral, in which a student (including a child, youth, or 
an adult) eligible for education and related services 
under the Acts listed in subsection (b) receives such 
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 et seq.). 
(b) ESTABLISHMENT.—The Secretary shall make 
grants to a protection and advocacy system for the pur-
pose of protecting and advocating for the educational 
needs of children, youth, and adults who are (or may be) 
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eligible for services under the Individuals with Disabilities 
Education Act (20 U.S.C. 1400 et seq.), section 504 of 
the Rehabilitation Act of 1973 (29 U.S.C. 794 et seq.), 
or the Americans with Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.). 
(c) USES OF FUNDS.—A protection and advocacy 
system may use a grant under this section to— 
(1) monitor compliance with, and identify con-
ditions and practices that violate the Acts described 
in subsection (b); 
(2) advocate for— 
(A) safe and humane conditions and the 
elimination of aversive and dangerous practices 
at educational settings, including seclusion and 
restraint; 
(B) redress of violations of the law and, 
provide representation in dispute resolution; 
and 
(C) systemic change in educational setting 
to address violations; and 
(3) pursue administrative, legal, and other ap-
propriate remedies to ensure that children, youth, 
and adults with disabilities are receiving the edu-
cational services and rights to which they are enti-
tled under the Individuals with Disabilities Edu-
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cation Act (20 U.S.C. 1400 et seq.), section 504 of 
the Rehabilitation Act of 1973 (29 U.S.C. 794 et 
seq.), and the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.). 
(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-
proaches to ensure the protection of, and advocacy 
for, the rights of children, youth, and adults who are 
eligible or who may be eligible for assistance under 
the Individuals with Disabilities Education Act (20 
U.S.C. 1400 et seq.), the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12101 et seq.), or sec-
tion 504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794); and 
(3) have the same authorities as set forth in the 
Developmental Disabilities Assistance and Bill of 
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