Ending PUSHOUT Act of 2021
Bill: H.R.2248 | Sponsor: Rep. Pressley, Ayanna (D-MA)
Policy area: Education

Summary:
Ending Punitive, Unfair, School-based Harm that is Overt and Unresponsive to Trauma Act of 2021 or the Ending PUSHOUT Act of 2021
This bill requires the Department of Education (ED) to award grants to local educational agencies and nonprofit organizations for the purpose of reducing suspension and expulsion of students (i.e., exclusionary disciplinary practices).
The bill requires ED to collect data on exclusionary discipline in schools.
It also establishes a joint task force to end school pushout.

To reduce exclusionary discipline practices in schools, 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 ``Ending Punitive, Unfair, School-
based Harm that is Overt and Unresponsive to Trauma Act of 2021'' or 
the ``Ending PUSHOUT Act of 2021''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to--
            (1) strengthen data collection related to exclusionary 
        discipline practices in schools and the discriminatory 
        application of such practices, which disproportionately impacts 
        students of color, particularly girls of color;
            (2) eliminate the discriminatory use and overuse of 
        exclusionary discipline practices based on actual or perceived 
        race, ethnicity, color, national origin, sex (including sexual 
        orientation, gender identity, pregnancy, childbirth, a medical 
        condition related to pregnancy or childbirth, or other 
        stereotype related to sex), or disability; and
            (3) prevent the criminalization and pushout of students 
        from school, especially Black and brown girls, as a result of 
        educational barriers that include discrimination, 
        adultification, punitive discipline policies and practices, and 
        a failure to recognize and support students with mental health 
        needs or experiencing trauma.

SEC. 3. STRENGTHENING CIVIL RIGHTS DATA COLLECTION WITH RESPECT TO 
              EXCLUSIONARY DISCIPLINE IN SCHOOLS.

    (a) In General.--The Assistant Secretary for Civil Rights shall 
annually carry out data collection authorized under section 203(c)(1) 
of the Department of Education Organization Act (20 U.S.C. 3413(c)(1)), 
which shall include data with respect to students enrolled in a public 
preschool, elementary, or secondary school (including traditional 
public, charter, virtual, special education school, and alternative 
schools) who received the following disciplinary actions during the 
preceding school year:
            (1) Suspension (including the classification of the 
        suspension as in-school suspension or out-of-school 
        suspension), which shall include data with respect to--
                    (A) the number of students who were suspended;
                    (B) the number and length of suspensions each such 
                student received;
                    (C) the reason for each such suspension, 
                including--
                            (i) a violation of a zero-tolerance policy 
                        and whether such violation was due to a violent 
                        or nonviolent offense;
                            (ii) a violation of an appearance or 
                        grooming policy;
                            (iii) an act of insubordination;
                            (iv) willful defiance; and
                            (v) a violation of a school code of 
                        conduct; and
                    (D) the number of days of lost instruction due to 
                each out-of-school suspension.
            (2) Expulsion, which shall include data with respect to--
                    (A) the number of students who were expelled; and
                    (B) the reason for each such expulsion, including--
                            (i) a violation of a zero-tolerance policy 
                        and whether such violation was due to a violent 
                        or nonviolent offense;
                            (ii) a violation of an appearance or 
                        grooming policy;
                            (iii) an act of insubordination, willful 
                        defiance, or violation of a school code of 
                        conduct; and
                            (iv) the use of profane or vulgar language.
            (3) The number of students subject to an out-of-school 
        transfer to a different school, including a virtual school, and 
        if so, the primary reason for each such transfer.
            (4) The number of students subject to a referral to law 
        enforcement, including the primary reason for each such 
        referral, and whether such referral resulted in an arrest.
    (b) Report.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, and annually thereafter, the 
        Assistant Secretary for Civil Rights shall submit to Congress a 
        report on the data collected under subsection (a).
            (2) Requirements.--The report required under paragraph (1) 
        shall--
                    (A) identify, with respect to the data collected 
                under subsection (a), schools, local educational 
                agencies, and States that demonstrate, in the opinion 
                of the Secretary, the overuse and discriminatory use of 
                exclusionary disciplinary practices;
                    (B) be disaggregated and cross tabulated by--
                            (i) enrollment in a preschool or in an 
                        elementary school and secondary school by grade 
                        level;
                            (ii) race;
                            (iii) ethnicity;
                            (iv) sex (including, to the extent 
                        possible, sexual orientation and gender 
                        identity);
                            (v) low-income status;
                            (vi) disability status (including students 
                        eligible for disability under the Individuals 
                        with Disabilities Education Act (20 U.S.C. 1401 
                        et. seq.) or section 504 of the Rehabilitation 
                        Act of 1973 (29 U.S.C. 794));
                            (vii) English learner status;
                            (viii) Tribal citizenship or descent, in 
                        the first or second degree, of an Indian Tribe; 
                        and
                            (ix) if applicable, pregnant and parenting 
                        student status;
                    (C) be publicly accessible in multiple languages, 
                accessibility formats, and provided in a language that 
                parents, family, and community members can understand; 
                and
                    (D) be presented in a manner that protects the 
                privacy of individuals consistent with the requirements 
                of section 444 of the General Education Provisions Act 
                (20 U.S.C. 1232g), commonly known as the ``Family 
                Educational Rights and Privacy Act of 1974''.

SEC. 4. GRANTS TO REDUCE EXCLUSIONARY SCHOOL DISCIPLINE PRACTICES.

    (a) In General.--The Secretary shall award grants (which shall be 
known as the ``Healing School Climate Grants''), on a competitive 
basis, to eligible entities for the purpose of reducing the overuse and 
discriminatory use of exclusionary discipline practices in schools.
    (b) Application.--An eligible entity seeking a grant under this 
section shall submit an application to the Secretary at such time, in 
such manner, and containing such information as the Secretary may 
require, including an assurance that the eligible entity shall 
prioritize schools with the highest rates of suspensions and 
expulsions. The Secretary shall make applications publicly accessible 
in an appropriate digital format.
    (c) Program Requirement.--An eligible entity that receives a grant 
under subsection (a) shall prohibit the use of--
            (1) out-of-school suspension or expulsion for any student 
        in preschool through grade 5 for incidents that do not involve 
        serious bodily injury;
            (2) out-of-school suspension or expulsion for any student 
        in preschool through grade 12 for insubordination, willful 
        defiance, vulgarity, truancy, tardiness, chronic absenteeism, 
        or as a result of a violation of a grooming or appearance 
        policy;
            (3) corporal punishment;
            (4) seclusion;
            (5) a mechanical or chemical restraint on a student; or
            (6) a physical restraint on a student, except when--
                    (A) the behavior of a student poses a high risk of 
                serious bodily injury to the student or another 
                individual and less restrictive interventions would be 
                ineffective in addressing such a high risk;
                    (B) a limited amount of force is used to protect 
                the student or another individual from an injury and 
                such ends immediately upon the cessation of the 
                imminent danger of serious bodily injury to the student 
                or another individual;
                    (C) the physical restraint does not restrict 
                breathing or the flow of blood to the brain, including 
                restraining in the prone or supine position;
                    (D) the physical restraint does not interfere with 
                the ability of a student to communicate in the language 
                or other mode of communication primarily used by such 
                student;
                    (E) the physical restraint is imposed--
                            (i) by personnel who are trained and 
                        certified by a State in crisis intervention; or
                            (ii) when personnel described in clause (i) 
                        are not available, in the case of a rare and 
                        unforeseeable emergency; or
                    (F) the physical restraint does not affect or 
                interfere with, with respect to a student, a 
                disability, health care needs, or a medical or 
                psychiatric condition documented in a--
                            (i) health care directive or medical 
                        management plan;
                            (ii) a behavior intervention plan;
                            (iii) an individualized education program 
                        or an individualized family service plan (as 
                        defined in section 602 of the Individuals with 
                        Disabilities Education Act (20 U.S.C. 1401)); 
                        or
                            (iv) another relevant record made available 
                        to the State or eligible entity involved.
    (d) Use of Funds.--
            (1) Required uses.--An eligible entity that receives a 
        grant under this section shall use funds to--
                    (A) evaluate the current discipline policies of a 
                school and, in partnership with students (including 
                girls of color), the family members of students, and 
                the local community of such school, develop discipline 
                policies for such school to ensure that such policies 
                are not exclusionary or discriminately applied toward 
                students;
                    (B) provide training and professional development 
                for teachers, principals, school leaders, and other 
                school personnel to avoid or address the overuse and 
                discriminatory disproportionate use of exclusionary 
                discipline practices in schools and to create awareness 
                of implicit and explicit bias and use culturally 
                affirming practices, including training in--
                            (i) identifying and providing support to 
                        students who may have experienced or are at 
                        risk of experiencing trauma or have other 
                        mental health needs;
                            (ii) administering and responding to 
                        assessments on adverse childhood experiences;
                            (iii) providing student-centered, trauma-
                        informed positive behavior management 
                        intervention and support that creates safe and 
                        supportive school climates;
                            (iv) using restorative practices;
                            (v) using culturally and linguistically 
                        responsive intervention strategies;
                            (vi) developing social and emotional 
                        learning competencies; and
                            (vii) increasing student engagement and 
                        improving dialogue between students and 
                        teachers;
                    (C) implement evidence-based alternatives to 
                suspension or expulsion, including--
                            (i) multi-tier systems of support, such as 
                        schoolwide positive behavioral interventions 
                        and supports;
                            (ii) social, emotional, and academic 
                        learning strategies designed to engage students 
                        and avoid escalating conflicts; and
                            (iii) other data-driven approaches to 
                        improving school environments;
                    (D) improve behavioral and academic outcomes for 
                students by creating a safe and supportive learning 
                environment and school climate, which may include--
                            (i) restorative practices with respect to 
                        improving relationships among students, school 
                        officials, and members of the local community, 
                        which may include partnering with local mental 
                        health agencies or nonprofit organizations;
                            (ii) access to mentors and peer-based 
                        support programs;
                            (iii) extracurricular programs, including 
                        sports and art programs;
                            (iv) social and emotional learning 
                        strategies designed to engage students and 
                        avoid escalating conflicts;
                            (v) access to counseling, mental health 
                        programs, and trauma-informed care programs, 
                        including suicide prevention programs; and
                            (vi) access to culturally responsive 
                        curricula that affirms the history and 
                        contributions of traditionally marginalized 
                        people and communities;
                    (E) hire social workers, school counselors, trauma-
                informed care personnel, and other mental health 
                personnel; and
                    (F) support the development, delivery, and analysis 
                of school climate surveys.
            (2) Prohibited uses.--An eligible entity that receives a 
        grant under this section may not use funds to--
                    (A) hire or retain school-based law enforcement 
                personnel, including school resource officers;
                    (B) purchase, maintain, or install surveillance 
                equipment, including metal detectors or software 
                programs that monitor or mine the social media use or 
                technology use of students;
                    (C) arm teachers, principals, school leaders, or 
                other school personnel; and
                    (D) enter into formal or informal partnerships or 
                data and information sharing agreements with--
                            (i) the Secretary of Homeland Security, 
                        including agreements with U.S. Immigration and 
                        Customs Enforcement or U.S. Customs and Border 
                        Protection; or
                            (ii) local law enforcement agencies, 
                        including partnerships that allow for hiring of 
                        school-based law enforcement.
    (e) Technical Assistance.--The Secretary, in carrying out 
subsection (a), may reserve not more than 2 percent of funds to provide 
technical assistance to eligible entities, which may include--
            (1) support for data collection, compliance, and analysis 
        of the activities of the program authorized under subsection 
        (a); and
            (2) informational meetings and seminars with respect to the 
        application process under subsection (b).
    (f) Report by Grantees.--Not later than one year after the date of 
enactment of this section, an eligible entity receiving a grant under 
this section shall submit to the Secretary a report on the activities 
funded through the grant. The Secretary shall make each such report 
publicly accessible in an appropriate digital format. Such report shall 
include, at a minimum, a description of--
            (1) the evaluation methods of disciplinary practices prior 
        to the grant;
            (2) training and professional development services provided 
        for school personnel to address discriminatory discipline 
        practices, implicit and explicit bias, and other uses described 
        in subsection (d)(1);
            (3) aggregated and de-identified behavioral, social 
        emotional, and academic outcomes experience by students;
            (4) any instance of physical restraint used on a student 
        with an explanation of a circumstance described in subsection 
        (c)(6);
            (5) the number of students who were referred to some form 
        of alternative practice described in subsection (d)(1)(C);
            (6) disaggregated data on students suspended, expelled, and 
        referred to the juvenile or criminal legal system, cross 
        tabulated by--
                    (A) reason for disciplinary action;
                    (B) grade level;
                    (C) race;
                    (D) ethnicity;
                    (E) sex (including to the extent possible, sexual 
                orientation and gender identity);
                    (F) low-income status;
                    (G) disability status;
                    (H) English learner status;
                    (I) Tribal citizenship or descent, in the first or 
                second degree, of an Indian Tribe; and
                    (J) if applicable, pregnant and parenting student 
                status; and
            (7) any other information required by the Secretary.
    (g) Eligible Entities.--In this section, the term ``eligible 
entity'' means--
            (1) one or more local educational agencies (who may be 
        partnered with a State educational agency), including a public 
        charter school that is a local educational agency under State 
        law or local educational agency operated by the Bureau of 
        Indian Education; or
            (2) a nonprofit organization (defined as an organization 
        described in section 501(c)(3) of the Internal Revenue Code, 
        which is exempt from taxation under section 501(a) of such 
        Code) with a track record of success in improving school 
        climates and supporting students.

SEC. 5. JOINT TASK FORCE TO END SCHOOL PUSHOUT OF GIRLS OF COLOR.

    (a) Establishment.--The Secretary and the Secretary of Health and 
Human Services shall establish and operate a joint task force to end 
school pushout (in this section referred to as the ``Joint Task 
Force'').
    (b) Composition.--
            (1) Chairs.--The Secretary and the Secretary of Health and 
        Human Services shall chair the Joint Task Force.
            (2) Members.--The Joint Task Force shall be composed of--
                    (A) Native American girls;
                    (B) students, including Black and brown girls;
                    (C) teachers;
                    (D) parents with children in school;
                    (E) school officials;
                    (F) representatives from civil rights and 
                disability organizations;
                    (G) psychologists, social workers, trauma-informed 
                personnel, and other mental health professionals; and
                    (H) researchers with experience in behavioral 
                intervention.
            (3) Advisory members.--In addition to the members under 
        paragraph (2), the Assistant Attorney General of the Civil 
        Rights Division of the Department of Justice and the Director 
        of the Bureau of Indian Education shall be advisory members of 
        the Joint Task Force.
            (4) Member appointment.--Not later than 60 days after the 
        date of the enactment of this Act, the Secretary and the 
        Secretary of Health and Human Services shall appoint the 
        members of the Joint Task Force--
                    (A) in accordance with paragraph (2);
                    (B) using a competitive application process; and
                    (C) with consideration to the racial, ethnic, 
                gender, and geographic diversity of the Joint Task 
                Force.
    (c) Study and Recommendations.--The Joint Task Force shall--
            (1) conduct a study to--
                    (A) identify best practices for reducing the 
                overuse and discriminatory use of exclusionary 
                discipline practices; and
                    (B) determine to what extent exclusionary 
                discipline practices contribute to the criminalization 
                of--
                            (i) girls of color;
                            (ii) English learners;
                            (iii) Native American girls;
                            (iv) students who identify as lesbian, gay, 
                        bisexual, transgender, queer, or questioning; 
                        and
                            (v) students with disabilities; and
            (2) develop recommendations based on the study conducted 
        under paragraph (1).
    (d) Report.--Not later than 360 days after the date of the 
enactment of this Act, and biannually thereafter, the Secretary and the 
Secretary of Health and Human Services shall submit to Congress a 
report on the recommendations under subsection (c)(2).

SEC. 6. AUTHORIZATION OF APPROPRIATION.

    (a) In General.--There is authorized to be appropriated 
$500,000,000 for each of fiscal years 2022 through 2026 to carry out 
sections 4 and 5.
    (b) Additional Funding to the Office for Civil Rights.--There is 
authorized to be appropriated $500,000,000 for fiscal year 2022 through 
2026, and each fiscal year thereafter, to carry out section 3.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Act of insubordination.--The term ``act of 
        insubordination'' means an act that disrupts a school activity 
        or instance when a student willfully defies the valid authority 
        of a school official.
            (2) Appearance or grooming policy.--The term ``appearance 
        or grooming policy'' means any practice, policy, or portion of 
        a student conduct code that governs or restricts the appearance 
        of students, including policies that--
                    (A) restrict or prescribe clothing that a student 
                may wear (such as hijabs, headwraps, or bandanas);
                    (B) restrict specific hair styles (such as braids, 
                locks, twists, bantu knots, cornrows, extensions, or 
                afros); or
                    (C) restrict whether or how a student may apply 
                make-up, nail polish, or other cosmetics.
            (3) Chemical restraint.--The term ``chemical restraint'' 
        means a drug or medication used on a student to control 
        behavior or restrict freedom of movement that is not--
                    (A) prescribed by a licensed physician, or other 
                qualified health professional acting under the scope of 
                the professional's authority under State law, for the 
                standard treatment of a student's medical or 
                psychiatric condition; and
                    (B) administered as prescribed by a licensed 
                physician or other qualified health professional acting 
                under the scope of the authority of a health 
                professional under State law.
            (4) Direct supervision.--The term ``direct supervision'' 
        means a student is physically in the same location as a school 
        official and such student is under the care of the school 
        official or school.
            (5) Disability.--The term ``disability'' means a mental or 
        physical disability that meets the conditions set forth in 
        clauses (i) and (ii) of section 602(3)(A) of the Individuals 
        with Disabilities Education Act (20 U.S.C. 1401(3)(A)(i) and 
        (ii)).
            (6) Elementary and secondary education act terms.--The 
        terms ``elementary school'', ``English learner'', ``local 
        educational agency'', ``secondary school'', and ``State 
        educational agency'' has the meanings given such terms in 
        section 8101 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7801).
            (7) Gender identity.--The term ``gender identity'' means 
        the gender-related identity, appearance, mannerisms, or other 
        gender-related characteristics of an individual regardless of 
        the designated sex at birth of the individual.
            (8) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304(e)).
            (9) In-school suspension.--The term ``in-school 
        suspension'' means an instance in which a student is 
        temporarily removed from a regular classroom for at least half 
        a day but remains under the direct supervision of a school 
        official.
            (10) Mechanical restraint.--The term ``mechanical 
        restraint'' has the meaning given the term in section 595(d)(1) 
        of the Public Health Service Act (42 U.S.C. 290jj(d)(1)), 
        except that the meaning shall be applied by substituting 
        ``student'' for ``resident''.
            (11) Multi-tier system of supports.--The term ``multi-tier 
        system of supports'' means a comprehensive continuum of 
        evidence-based, systemic practices to support a rapid response 
        to the needs of students, with regular observation to 
        facilitate data-based instructional decision making.
            (12) Out-of-school suspension.--The term ``out-of-school 
        suspension'' means an instance in which a student is excluded 
        from school for disciplinary reasons by temporarily being 
        removed from regular classes to another setting, including a 
        home or behavior center, regardless of whether such 
        disciplinary removal is deemed as a suspension by school 
        officials.
            (13) Physical escort.--The term ``physical escort'' has the 
        meaning given the term in section 595(d)(2) of the Public 
        Health Service Act (42 U.S.C. 290jj(d)(2)), except that the 
        meaning shall be applied by substituting ``student'' for 
        ``resident''.
            (14) Physical restraint.--The term ``physical restraint'' 
        means a personal restriction that immobilizes or reduces the 
        ability of an individual to move the individual's arms, legs, 
        torso, or head freely, except that such term does not include a 
        physical escort, mechanical restraint, or chemical restraint.
            (15) Positive behavior intervention and support.--The term 
        ``positive behavior intervention and support'' means using a 
        systematic and evidence-based approach to achieve improved 
        academic and social outcomes for students.
            (16) Pushout.--The term ``pushout'' means an instance when 
        a student leaves elementary, middle or secondary school, 
        including a forced transfer to another school, prior to 
        graduating secondary school due to overuse of exclusionary 
        discipline practices, failure to address trauma or other mental 
        health needs, discrimination, or other educational barriers 
        that do not support or promote the success of a student.
            (17) School-based law enforcement officer.--The term 
        ``school-based law enforcement officer'' means an individual 
        who--
                    (A) is--
                            (i) assigned by a law enforcement agency to 
                        a secondary or elementary school or local 
                        educational agency;
                            (ii) contracting with a secondary or 
                        elementary school or local educational agency; 
                        or
                            (iii) employed by a secondary or elementary 
                        school or local educational agency;
                    (B) has the power to detain, arrest, issue a 
                citation, perform a custodial investigation, or refer a 
                person to a criminal or juvenile court;
                    (C) meets the definition of a law enforcement 
                personnel under State law; or
                    (D) may be referred to as a ``school resource 
                officer'', a ``sworn law enforcement officer'', or a 
                ``school police officer''.
            (18) School official.--The term ``school official'' means a 
        teacher, school principal, administrator, or other personnel, 
        not considered school-based law enforcement, engaged in the 
        performance of duties with respect to a school.
            (19) Seclusion.--The term ``seclusion'' means the 
        involuntary confinement of a student alone in a room or area 
        where the student is physically prevented from leaving, and 
        does not include a time out.
            (20) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (21) Serious bodily injury.--The term ``serious bodily 
        injury'' has the meaning given that term in section 1365(h)(3) 
        of title 18, United States Code.
            (22) Sexual orientation.--The term ``sexual orientation'' 
        means homosexuality, heterosexuality, or bisexuality.
            (23) Special education school.--The term ``special 
        education school'' means a school that focuses primarily on 
        serving the needs of students who qualify as ``a child with a 
        disability'' as that term is defined under section 602(3)(A)(i) 
        of the Individuals with Disabilities Education Act (20 U.S.C. 
        1401(3)(A)(i)) or are subject to section 504 of the 
        Rehabilitation Act of 1973 (29 U.S.C. 794).
            (24) Time out.--The term ``time out'' has the meaning given 
        the term in section 595(d)(5) of the Public Health Service Act 
        (42 U.S.C. 290jj(d)(5)), except that the meaning shall be 
        applied by substituting ``student'' for ``resident''.
            (25) Zero-tolerance policy.--The term ``zero-tolerance 
        policy'' is a school discipline policy that results in an 
        automatic disciplinary consequence, including out-of-school 
        suspension, expulsion, and involuntary school transfer.
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