Title: Protection and Advocacy in Education Act
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.


[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8187 Introduced in House (IH)]

<DOC>






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 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, including Federal, 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 
        Assistance 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 purpose of protecting and advocating for 
the educational needs of children, youth, and adults who are (or may 
be) 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 conditions 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 appropriate 
        remedies to ensure that children, youth, and adults with 
        disabilities are receiving the educational services and rights 
        to which they are entitled 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.), 
        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 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 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 Disabilities 
        Act of 1990 (42 U.S.C. 12101 et seq.), or section 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 Rights Act of 
        2000 (42 U.S.C. 15001 et seq.) and any regulations issued under 
        such Act, including the authority to access individuals, 
        records, and educational settings.
    (e) Application.--A protection and advocacy system shall submit an 
application to address the needs of children, youth, and adults with 
disabilities in educational settings described in subsection (b) to the 
Secretary at such time, in such form and manner, and accompanied by 
such information as the Secretary may require.
    (f) Appropriations Less Than $6,600,000.--
            (1) In general.--With respect to any fiscal year in which 
        the amount appropriated pursuant to subsection (k) to carry out 
        this section is less than $6,600,000, the Secretary shall make 
        grants from such amount 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 $6,600,000 or More.--
            (1) In general.--With respect to any fiscal year in which 
        the amount appropriated pursuant to subsection (k) to carry out 
        this section is not less than $6,600,000, the Secretary shall 
        make grants from such amount not later than October 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 (k) 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, the United States 
                Virgin Islands, or the American Indian Consortium.
            (4) Adjustment.--For each fiscal year in which the total 
        amount appropriated under subsection (k) 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 
        in 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 (k) 
        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) 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 services under the Individuals with Disabilities 
Education Act (20 U.S.C. 1400 et seq.) or 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.).
    (j) 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.).
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out the provisions 
in this section for each of fiscal years 2021 through 2030.
    (l) Technical Assistance.--
            (1) Appropriations of less than $6,750,000.--For any fiscal 
        year in 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 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 in 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 a 
        national organization with experience in providing training and 
        technical assistance to protection and advocacy systems to 
        provide such training and technical assistance.
    (m) Supplement, Not Supplant.--A protection and advocacy system 
shall use funds under this section only to supplement the funds that 
would, in the absence of such funds, be made available from non-Federal 
funds for the uses described in subsection (c), and not to supplant 
such funds.
    (n) Carryover and Program Income.--Any amount paid to a protection 
and advocacy system for a fiscal year under this section that remains 
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 amount shall remain available for 2 
additional fiscal years after the year in which such amount was paid to 
the protection and advocacy system.
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