Protection and Advocacy in Education Act
Bill: H.R.9100 | Sponsor: Rep. DeSaulnier, Mark (D-CA)
Policy area: Education

Summary:
Protection and Advocacy in Education Act
This bill directs the Department of Education to award grants for protection and advocacy systems to protect and advocate the rights of students with disabilities.


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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protection and Advocacy in Education 
Act''.

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 ``educational setting'' 
        includes any setting, in which a student (including a child, 
        youth, or an adult) who may be eligible for education or 
        related services under, or is otherwise protected by, the laws 
        described in subsection (b) receives such education or 
        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 
        Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).
    (b) Program Established.--The Secretary shall make grants to 
protection and advocacy systems for the purpose of protecting the 
rights and advocating for the educational needs of children, youth, and 
adults who are (or may be) protected by or eligible for education or 
related 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), or the Americans with Disabilities Act of 1990 (42 
U.S.C. 12101 et seq.).
    (c) Uses of Funds.--A protection and advocacy system shall use a 
grant under this section to carry out one or more of the following:
            (1) Monitoring and identifying conditions and practices 
        that violate the laws described in subsection (b) with respect 
        to the rights of students with disabilities.
            (2) Advocating for safe and humane conditions and the 
        elimination of aversive and other dangerous practices at 
        educational settings, including seclusion and restraint.
            (3) Collaborating with parent training and information 
        centers, as described in section 671 of the Individuals with 
        Disabilities Education Act (20 U.S.C. 1471), to ensure that 
        needed advocacy and information is provided for families and 
        individuals protected by or eligible for education-related 
        services, protection, and rights under the laws described in 
        subsection (b).
            (4) Advocating for redress of violations of the law and 
        providing advocacy in dispute resolution proceedings.
            (5) Advocating for systemic change in educational settings 
        to address violations of the laws described in subsection (b).
            (6) Pursuing administrative, legal, and other appropriate 
        remedies to ensure that children, youth, and adults with 
        disabilities in educational settings are eligible for and 
        receiving the education, related services, protections, and 
        rights to which they are entitled under the laws described in 
        subsection (b).
    (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 incidents 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, administrative, and 
        other appropriate remedies or approaches to ensure the 
        protection of, and advocacy for, the rights of children, youth, 
        and adults in educational settings who are protected by or are 
        (or may be) eligible for education or related services under 
        the laws described in subsection (b); and
            (3) have the same authorities as set forth in section 143 
        of the Developmental Disabilities Assistance and Bill of Rights 
        Act of 2000 (42 U.S.C. 15043) and any regulations issued under 
        such section, including the authority to access individuals, 
        records, and educational settings.
    (e) Application.--A protection and advocacy system shall submit an 
application to the Secretary at such time, in such form and manner, and 
accompanied by such information as the Secretary may require, and shall 
include a description of how the system will use grant funds to address 
the needs of children, youth, and adults with disabilities in 
educational settings.
    (f) Appropriations Less Than $6,750,000.--
            (1) In general.--With respect to any fiscal year for which 
        the amount appropriated pursuant to subsection (o) to carry out 
        this section is less than $6,750,000, the Secretary shall 
        reserve funds in accordance with subsection (n)(1) and make 
        grants from such remaining amounts among protection and 
        advocacy systems that apply for a grant under this section.
            (2) Amount of grant.--The amount of a grant under paragraph 
        (1) shall not be less than--
                    (A) $120,000 for a protection and advocacy system 
                located in 1 of the several States, the District of 
                Columbia, or the Commonwealth of Puerto Rico; and
                    (B) $60,000 for a protection and advocacy system 
                located in American Samoa, the Commonwealth of the 
                Northern Mariana Islands, Guam, the United States 
                Virgin Islands, or the American Indian Consortium.
    (g) Appropriations of $6,750,000 or More.--
            (1) In general.--With respect to any fiscal year in which 
        the amount appropriated pursuant to subsection (o) to carry out 
        this section is not less than $6,750,000, the Secretary shall 
        reserve funds in accordance with subsection (n)(2) and make 
        grants from such remaining amounts not later than January 1 of 
        the fiscal year to protection and advocacy systems that apply 
        for a grant under this section.
            (2) Amount of grant.--Subject to paragraph (3), the amount 
        of a grant to a protection and advocacy system under paragraph 
        (1) shall be equal to an amount bearing the same ratio to the 
        total amount appropriated for the fiscal year involved pursuant 
        to subsection (o) and not reserved as the population of the 
        State in which the grantee is located bears to the population 
        of all States.
            (3) Minimums.--The amount of a grant under paragraph (1) 
        shall not be less than--
                    (A) $120,000 for a protection and advocacy system 
                located in one of the several States, the District of 
                Columbia, or the Commonwealth of Puerto Rico; and
                    (B) $60,000 for a protection and advocacy system 
                located in American Samoa, the Commonwealth of the 
                Northern Mariana Islands, Guam, or the United States 
                Virgin Islands, and for the system serving the American 
                Indian Consortium.
            (4) Adjustment.--For each fiscal year in which the total 
        amount appropriated under subsection (o) to carry out this 
        section is $10,000,000 or more, and such appropriated amount 
        exceeds the total amount appropriated to carry out this section 
        for the preceding fiscal year, the Secretary shall increase 
        each of the minimum grant amounts described in subparagraphs 
        (A) and (B) of paragraph (3) by a percentage equal to the 
        percentage increase in the total amount appropriated under 
        subsection (o) to carry out this section between the preceding 
        fiscal year and the fiscal year involved.
    (h) Direct Payment.--Notwithstanding any other provision of law, 
the Secretary shall pay directly to any protection and advocacy system 
that complies with this section, the total amount of the grant for such 
system, unless the system provides otherwise for such payment.
    (i) No Matching Funds Required.--The Federal share of a grant under 
this section shall be 100 percent and a grant recipient shall not be 
required to provide matching funds.
    (j) Annual Report.--Each protection and advocacy system that 
receives a grant under this section shall submit an annual report to 
the Secretary concerning the services provided to protect and advocate 
for the educational needs of children, youth, and adults who are (or 
may be) eligible for education and related services under the laws 
described in subsection (b).
    (k) Administrative, Reporting, and Oversight Requirements.--To the 
extent possible, reporting, monitoring, program financing, and other 
administrative and oversight requirements established by the Secretary 
under this section shall be consistent with the administrative, 
reporting, and oversight requirements for a protection and advocacy 
system under the Developmental Disabilities Assistance and Bill of 
Rights Act of 2000 (42 U.S.C. 150001 et seq.).
    (l) Supplement, Not Supplant.--A protection and advocacy system 
receiving funds under this section shall use such funds to supplement, 
and not supplant, funds used to protect the rights and advocate for the 
educational needs of children, youth, and adults who are (or may be) 
protected under or eligible for services under the laws described in 
subsection (b).
    (m) Carryover and Program Income.--Any amounts paid to a protection 
and advocacy system for a fiscal year under this section that remain 
unobligated at the end of such fiscal year shall remain available to 
such system for obligation during the subsequent fiscal year. Program 
income generated from such amounts shall be considered additive and 
shall remain available for 5 additional fiscal years after the year in 
which such amount was paid to the protection and advocacy system.
    (n) Technical Assistance.--
            (1) Appropriations of less than $6,750,000.--For any fiscal 
        year for which the amount appropriated to carry out this 
        section is less than $6,750,000, the Secretary shall set aside 
        1 percent of the funds appropriated (but not less than $50,000) 
        to make a grant to or a contract or cooperative agreement with 
        a national organization with experience in providing training 
        and technical assistance to protection and advocacy systems to 
        provide such training and technical assistance.
            (2) Appropriations of not less than $6,750,000.--For any 
        fiscal year for which the amount appropriated to carry out this 
        section is not less than $6,750,000, the Secretary shall set 
        aside 2 percent of the funds appropriated to make a grant to or 
        contract or cooperative agreement with a national organization 
        with experience in providing training and technical assistance 
        to protection and advocacy systems to provide such training and 
        technical assistance.
    (o) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section 
for each of fiscal years 2023 through 2032.
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