,i #aacth ,,congress #ast ,session ,h4 ,r4 #ahic ,,in ,,the ,,house ,,of ,,representatives ,may #h1 #bjac ,mr4 ,george ,miller of ,california 7for himself1 ,mr4 ,harper1 ,mr4 ,moran1 ,mr4 ,grijalva1 ,mr4 ,polis1 ,ms4 ,wilson of ,florida1 ,ms4 ,moore1 ,ms4 ,bonamici1 ,ms4 ,slaughter1 ,mr4 ,payne1 ,mr4 ,cicilline1 ,ms4 ,mc,collum1 and ,ms4 ,shea-,porter7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce ,a ,,bill ,to prevent and reduce the use of physical restraint and seclusion in schools1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,keeping ,all ,students ,safe ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,physical restraint and seclusion have resulted in physical injury1 psychological trauma1 and death to children in public and private schools4 ,national research shows students have been subjected to physical restraint and seclusion in schools as a means of discipline1 to force compliance1 or as a substitute for appropriate educational support4 7#b7 ,behavioral interventions for children must promote the right of all children to be treated with dignity4 ,all children have the right to be free from physical or mental abuse1 aversive behavioral interventions that compromise health and safety1 and any physical restraint or seclusion imposed solely for purposes of discipline or convenience4 7#c7 ,safe1 effective1 evidence-based strategies are available to support children who display challenging behaviors in school settings4 ,staff training focused on the dangers of physical restraint and seclusion as well as training in evidence-based positive behavior supports1 de-escalation techniques1 and physical restraint and seclusion prevention1 can reduce the incidence of injury1 trauma1 and death4 7#d7 ,school personnel have the right to work in a safe environment and should be provided training and support to prevent injury and trauma to themselves and others4 7#e7 ,despite the widely recognized risks of physical restraint and seclusion1 a substantial disparity exists among many ,states and localities with regard to the protection and oversight of the rights of children and school personnel to a safe learning environment4 7#f7 ,children are subjected to physical restraint and seclusion at higher rates than adults4 ,physical restraint which restricts breathing or causes other body trauma1 as well as seclusion in the absence of continuous face-to-face monitoring1 have resulted in the deaths of children in schools4 7#g7 ,children are protected from inappropriate physical restraint and seclusion in other settings1 such as hospitals1 health facilities1 and non-medical community-based facilities4 ,similar protections are needed in schools1 yet such protections must acknowledge the differences of the school environment4 7#h7 ,research confirms that physical restraint and seclusion are not therapeutic1 nor are these practices effective means to calm or teach children1 and may have an opposite effect while simultaneously decreasing a child's ability to learn4 7#i7 ,the effective implementation of school-wide positive behavior supports is linked to greater academic achievement1 significantly fewer disciplinary problems1 increased instruction time1 and staff perception of a safer teaching environment4 #c4 ,purposes ,the purposes of this ,act are to-- 7#a7 prevent and reduce the use of physical restraint and seclusion in schools2 7#b7 ensure the safety of all students and school personnel in schools and promote a positive school culture and climate2 7#c7 protect students from-- 7,a7 physical and mental abuse2 7,b7 aversive behavioral interventions that compromise health and safety2 and 7,c7 any physical restraint or seclusion imposed solely for purposes of discipline or convenience2 7#d7 ensure that physical restraint and seclusion are imposed in school only when a student's behavior poses an imminent danger of physical injury to the student1 school personnel1 or others2 and 7#e7 assist ,states1 local educational agencies1 and schools in-- 7,a7 establishing policies and procedures to keep all students1 including students with the most complex and intensive behavioral needs1 and school personnel safe2 7,b7 providing school personnel with the necessary tools1 training1 and support to ensure the safety of all students and school personnel2 7,c7 collecting and analyzing data on physical restraint and seclusion in schools2 and 7,d7 identifying and implementing effective evidence-based models to prevent and reduce physical restraint and seclusion in schools4 #d4 ,definitions ,in this ,act3 7#a7 ,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-- 7,a7 prescribed by a licensed physician1 or other qualified health professional acting under the scope of the professional's authority under ,state law1 for the standard treatment of a student's medical or psychiatric condition2 and 7,b7 administered as prescribed by the licensed physician or other qualified health professional acting under the scope of the professional's authority under ,state law4 7#b7 ,educational service agency ,the term educational service agency has the meaning given such term in section #iaja7ag7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7ag774 7#c7 ,elementary school ,the term elementary school has the meaning given the term in section #iaja7ah7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7ah774 7#d7 ,local educational agency ,the term local educational agency has the meaning given the term in section #iaja7bf7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7bf774 7#e7 ,mechanical restraint ,the term mechanical restraint has the meaning given the term in section #eie7;d77#a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;jj7d77#a771 except that the meaning shall be applied by substituting student's for resident's4 7#f7 ,parent ,the term parent has the meaning given the term in section #iaja7ca7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7ca774 7#g7 ,physical escort ,the term physical escort has the meaning given the term in section #eie7;d77#b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;jj7d77#b771 except that the meaning shall be applied by substituting student for resident4 7#h7 ,physical restraint ,the term physical restraint has the meaning given the term in section #eie7;d77#c7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;jj7d77#c774 7#i7 ,positive behavior supports ,the term positive behavior supports means a systematic approach to embed evidence-based practices and data-driven decisionmaking to improve school climate and culture1 including a range of systemic and individualized strategies to reinforce desired behaviors and diminish reoccurrence of problem behaviors1 in order to achieve improved academic and social outcomes and increase learning for all students1 including students with the most complex and intensive behavioral needs4 7#aj7 ,protection and advocacy system ,the term protection and advocacy system means a protection and advocacy system established under section #adc of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejdc74 7#aa7 ,school ,the term school means an entity-- 7,a7 that-- 7i7 is a public or private-- 7,i7 day or residential elementary school or secondary school2 or 7,,ii7 early childhood1 elementary school1 or secondary school program that is under the jurisdiction of a school1 local educational agency1 educational service agency1 or other educational institution or program2 and 7ii7 receives1 or serves students who receive1 support in any form from any program supported1 in whole or in part1 with funds appropriated to the ,department of ,education2 or 7,b7 that is a school funded or operated by the ,department of the ,interior4 7#ab7 ,school personnel ,the term school personnel has the meaning-- 7,a7 given the term in section #daea7aj7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gafa7aj772 and 7,b7 given the term school resource officer in section #daea7aa7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gafa7aa774 7#ac7 ,secondary ,school ,the term secondary school has the meaning given the term in section #iaja7ch7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7ch774 7#ad7 ,seclusion ,the term seclusion has the meaning given the term in section #eie7;d77#d7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;jj7d77#d774 7#ae7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#af7 ,state-approved crisis intervention training program ,the term ,state-approved crisis intervention training program means a training program approved by a ,state and the ,secretary that1 at a minimum1 provides-- 7,a7 training in evidence-based techniques shown to be effective in the prevention of physical restraint and seclusion2 7,b7 training in evidence-based techniques shown to be effective in keeping both school personnel and students safe when imposing physical restraint or seclusion2 7,c7 evidence-based skills training related to positive behavior supports1 safe physical escort1 conflict prevention1 understanding antecedents1 de-escalation1 and conflict management2 7,d7 training in first aid and cardiopulmonary resuscitation2 7,e7 information describing ,state policies and procedures that meet the minimum standards established by regulations promulgated pursuant to section #e7;a72 and 7,f7 certification for school personnel in the techniques and skills described in subparagraphs 7,a7 through 7,d71 which shall be required to be renewed on a periodic basis4 7#ag7 ,state ,the term ,state has the meaning given the term in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#ah7 ,state educational agency ,the term ,state educational agency has the meaning given the term in section #iaja7da7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7da774 7#ai7 ,student ,the term student means a student enrolled in a school defined in paragraph 7#aa71 except that in the case of a student enrolled in a private school or private program1 such term means a student who receives support in any form from any program supported1 in whole or in part1 with funds appropriated to the ,department of ,education4 7#bj7 ,time out ,the term time out has the meaning given the term in section #eie7;d77#e7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;jj7d77#e771 except that the meaning shall be applied by substituting student for resident4 #e4 ,minimum ,standards2 ,rule of construction 7a7 ,minimum standards ,not later than #ahj days after the date of the enactment of this ,act1 to protect each student from physical or mental abuse1 aversive behavioral interventions that compromise student health and safety1 or any physical restraint or seclusion imposed solely for purposes of discipline or convenience or in a manner otherwise inconsistent with this ,act1 the ,secretary shall promulgate regulations establishing the following minimum standards3 7#a7 ,school personnel shall be prohibited from imposing on any student the following3 7,a7 ,mechanical restraints4 7,b7 ,chemical restraints4 7,c7 ,physical restraint or physical escort that restricts breathing4 7,d7 ,aversive behavioral interventions that compromise health and safety4 7#b7 ,school personnel shall be prohibited from imposing physical restraint or seclusion on a student unless-- 7,a7 the student's behavior poses an imminent danger of physical injury to the student1 school personnel1 or others2 7,b7 less restrictive interventions would be ineffective in stopping such imminent danger of physical injury2 7,c7 such physical restraint or seclusion is imposed by school personnel who-- 7i7 continuously monitor the student face-to-face2 or 7ii7 if school personnel safety is significantly compromised by such face-to-face monitoring1 are in continuous direct visual contact with the student2 7,d7 such physical restraint or seclusion is imposed by-- 7i7 school personnel trained and certified by a ,state-approved crisis intervention training program 7as defined in section #d7af772 or 7ii7 other school personnel in the case of a rare and clearly unavoidable emergency circumstance when school personnel trained and certified as described in clause 7i7 are not immediately available due to the unforeseeable nature of the emergency circumstance2 and 7,e7 such physical restraint or seclusion ends immediately upon the cessation of the conditions described in subparagraphs 7,a7 and 7,b74 7#c7 ,states1 in consultation with local educational agencies and private school officials1 shall ensure that a sufficient number of personnel are trained and certified by a ,state-approved crisis intervention training program 7as defined in section #d7af77 to meet the needs of the specific student population in each school4 7#d7 ,the use of physical restraint or seclusion as a planned intervention shall not be written into a student's education plan1 individual safety plan1 behavioral plan1 or individualized education program 7as defined in section #fjb of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja774 ,local educational agencies or schools may establish policies and procedures for use of physical restraint or seclusion in school safety or crisis plans1 provided that such school plans are not specific to any individual student4 7#e7 ,schools shall establish procedures to be followed after each incident involving the imposition of physical restraint or seclusion upon a student1 including-- 7,a7 procedures to provide to the parent of the student1 with respect to each such incident-- 7i7 an immediate verbal or electronic communication on the same day as the incident2 and 7ii7 written notification within #bd hours of the incident2 and 7,b7 any other procedures the ,secretary determines appropriate4 7b7 ,secretary of the ,interior ,the ,secretary of the ,interior shall ensure that schools operated or funded by the ,department of the ,interior comply with the regulations promulgated by the ,secretary under subsection 7a74 7c7 ,rule of construction ,nothing in this section shall be construed to authorize the ,secretary to promulgate regulations prohibiting the use of-- 7#a7 time out 7as defined in section #d7bj772 7#b7 devices implemented by trained school personnel1 or utilized by a student1 for the specific and approved therapeutic or safety purposes for which such devices were designed and1 if applicable1 prescribed1 including-- 7,a7 restraints for medical immobilization2 7,b7 adaptive devices or mechanical supports used to achieve proper body position1 balance1 or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports2 or 7,c7 vehicle safety restraints when used as intended during the transport of a student in a moving vehicle2 or 7#c7 handcuffs by school resource officers 7as such term is defined in section #daea7aa7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gafa7aa777-- 7,a7 in the-- 7i7 case when a student's behavior poses an imminent danger of physical injury to the student1 school personnel1 or others2 or 7ii7 lawful exercise of law enforcement duties2 and 7,b7 less restrictive interventions would be ineffective4 #f4 ,state ,plan and ,report ,requirements and ,enforcement 7a7 ,state plan ,not later than #b years after the ,secretary promulgates regulations pursuant to section #e7;a71 and each year thereafter1 each ,state educational agency shall submit to the ,secretary a ,state plan that provides-- 7#a7 assurances to the ,secretary that the ,state has in effect-- 7,a7 ,state policies and procedures that meet the minimum standards1 including the standards with respect to ,state-approved crisis intervention training programs1 established by regulations promulgated pursuant to section #e7;a72 and 7,b7 a ,state mechanism to effectively monitor and enforce the minimum standards2 7#b7 a description of the ,state policies and procedures1 including a description of the ,state-approved crisis intervention training programs in such ,state2 and 7#c7 a description of the ,state plans to ensure school personnel and parents1 including private school personnel and parents1 are aware of the ,state policies and procedures4 7b7 ,reporting 7#a7 ,reporting requirements ,not later than #b years after the date the ,secretary promulgates regulations pursuant to section #e7;a71 and each year thereafter1 each ,state educational agency shall 7in compliance with the requirements of section #ddd of the ,general ,education ,provisions ,act 7commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd7 7#bj ,u4,s4,c4 #abcb;g77 prepare and submit to the ,secretary1 and make available to the public1 a report that includes the information described in paragraph 7#b71 with respect to each local educational agency1 and each school not under the jurisdiction of a local educational agency1 located in the same ,state as such ,state educational agency4 7#b7 ,information requirements 7,a7 ,general ,information ,requirements ,the report described in paragraph 7#a7 shall include information on-- 7i7 the total number of incidents in the preceding full-academic year in which physical restraint was imposed upon a student2 and 7ii7 the total number of incidents in the preceding full-academic year in which seclusion was imposed upon a student4 7,b7 ,disaggregation 7i7 ,general ,disaggregation ,requirements ,the information described in subparagraph 7,a7 shall be disaggregated by-- 7,i7 the total number of incidents in which physical restraint or seclusion was imposed upon a student-- 7aa7 that resulted in injury2 7bb7 that resulted in death2 and 7cc7 in which the school personnel imposing physical restraint or seclusion were not trained and certified as described in section #e7;a77#b77;,d77i72 and 7,,ii7 the demographic characteristics of all students upon whom physical restraint or seclusion was imposed1 including-- 7aa7 the categories identified in section #aaaa7;h77#a77;,c77i7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa7;h77#a77;,c77i772 7bb7 age2 and 7cc7 disability status 7which has the meaning given the term individual with a disability in section #g7bj7 of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gje7bj7774 7ii7 ,unduplicated count2 ,exception ,the disaggregation required under clause 7i7 shall-- 7,i7 be carried out in a manner to ensure an unduplicated count of the-- 7aa7 total number of incidents in the preceding full-academic year in which physical restraint was imposed upon a student2 and 7bb7 total number of incidents in the preceding full-academic year in which seclusion was imposed upon a student2 and 7,,ii7 not be required in a case in which the number of students in a category would reveal personally identifiable information about an individual student4 7c7 ,enforcement 7#a7 ,in general 7,a7 ,use of remedies ,if a ,state educational agency fails to comply with subsection 7a7 or 7b71 the ,secretary shall-- 7i7 withhold1 in whole or in part1 further payments under an applicable program 7as such term is defined in section #djj7;c7 of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abba77 in accordance with section #dee of such ,act 7#bj ,u4,s4,c4 #abcd;d72 7ii7 require a ,state educational agency to submit1 and implement1 within #a year of such failure to comply1 a corrective plan of action1 which may include redirection of funds received under an applicable program2 or 7iii7 issue a complaint to compel compliance of the ,state educational agency through a cease and desist order1 in the same manner the ,secretary is authorized to take such action under section #def of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcd;e74 7,b7 ,cessation of ,withholding of ,funds ,whenever the ,secretary determines 7whether by certification or other appropriate evidence7 that a ,state educational agency who is subject to the withholding of payments under subparagraph 7,a77i7 has cured the failure providing the basis for the withholding of payments1 the ,secretary shall cease the withholding of payments with respect to the ,state educational agency under such subparagraph4 7#b7 ,rule of construction ,nothing in this subsection shall be construed to limit the ,secretary's authority under the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abba et seq474 #g4 ,grant authority 7a7 ,in general ,from the amount appropriated under section #ab1 the ,secretary may award grants to ,state educational agencies to assist the agencies in-- 7#a7 establishing1 implementing1 and enforcing the policies and procedures to meet the minimum standards established by regulations promulgated by the ,secretary pursuant to section #e7;a72 7#b7 improving ,state and local capacity to collect and analyze data related to physical restraint and seclusion2 and 7#c7 improving school climate and culture by implementing school-wide positive behavior support approaches4 7b7 ,duration of grant ,a grant under this section shall be awarded to a ,state educational agency for a #c-year period4 7c7 ,application ,each ,state educational agency desiring a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and accompanied by such information as the ,secretary may require1 including information on how the ,state educational agency will target resources to schools and local educational agencies in need of assistance related to preventing and reducing physical restraint and seclusion4 7d7 ,authority ,to make subgrants 7#a7 ,in general ,a ,state educational agency receiving a grant under this section may use such grant funds to award subgrants1 on a competitive basis1 to local educational agencies4 7#b7 ,application ,a local educational agency desiring to receive a subgrant under this section shall submit an application to the applicable ,state educational agency at such time1 in such manner1 and containing such information as the ,state educational agency may require4 7e7 ,private school participation 7#a7 ,in general ,a local educational agency receiving subgrant funds under this section shall1 after timely and meaningful consultation with appropriate private school officials1 ensure that private school personnel can participate1 on an equitable basis1 in activities supported by grant or subgrant funds4 7#b7 ,public ,control of ,funds ,the control of funds provided under this section1 and title to materials1 equipment1 and property purchased with such funds1 shall be in a public agency1 and a public agency shall administer such funds1 materials1 equipment1 and property4 7f7 ,required activities ,a ,state educational agency receiving a grant1 or a local educational agency receiving a subgrant1 under this section shall use such grant or subgrant funds to carry out the following3 7#a7 ,researching1 developing1 implementing1 and evaluating strategies1 policies1 and procedures to prevent and reduce physical restraint and seclusion in schools1 consistent with the minimum standards established by regulations promulgated by the ,secretary pursuant to section #e7;a74 7#b7 ,providing professional development1 training1 and certification for school personnel to meet such standards4 7#c7 ,carrying out the reporting requirements under section #f7;b7 and analyzing the information included in a report prepared under such section to identify student1 school personnel1 and school needs related to use of physical restraint and seclusion4 7g7 ,additional ,authorized activities ,in addition to the required activities described in subsection 7f71 a ,state educational agency receiving a grant1 or a local educational agency receiving a subgrant1 under this section may use such grant or subgrant funds for one or more of the following3 7#a7 ,developing and implementing high-quality professional development and training programs to implement evidence-based systematic approaches to school-wide positive behavior supports1 including improving coaching1 facilitation1 and training capacity for administrators1 teachers1 specialized instructional support personnel1 and other staff4 7#b7 ,providing technical assistance to develop and implement evidence-based systematic approaches to school-wide positive behavior supports1 including technical assistance for data-driven decisionmaking related to behavioral supports and interventions in the classroom4 7#c7 ,researching1 evaluating1 and disseminating high-quality evidence-based programs and activities that implement school-wide positive behavior supports with fidelity4 7#d7 ,supporting other local positive behavior support implementation activities consistent with this subsection4 7h7 ,evaluation and report ,each ,state educational agency receiving a grant under this section shall1 at the end of the #c-year grant period for such grant-- 7#a7 evaluate the ,state's progress toward the prevention and reduction of physical restraint and seclusion in the schools located in the ,state1 consistent with the minimum standards established by regulations promulgated by the ,secretary pursuant to section #e7;a72 and 7#b7 submit to the ,secretary a report on such progress4 7i7 ,department of the ,interior ,from the amount appropriated under section #ab1 the ,secretary may allocate funds to the ,secretary of the ,interior for activities under this section with respect to schools operated or funded by the ,department of the ,interior1 under such terms as the ,secretary of ,education may prescribe4 #h4 ,national assessment 7a7 ,national ,assessment ,the ,secretary shall carry out a national assessment to determine the effectiveness of this ,act1 which shall include-- 7#a7 analyzing data related to physical restraint and seclusion incidents2 7#b7 analyzing the effectiveness of ,federal1 ,state1 and local efforts to prevent and reduce the number of physical restraint and seclusion incidents in schools2 7#c7 identifying the types of programs and services that have demonstrated the greatest effectiveness in preventing and reducing the number of physical restraint and seclusion incidents in schools2 and 7#d7 identifying evidence-based personnel training models with demonstrated success in preventing and reducing the number of physical restraint and seclusion incidents in schools1 including models that emphasize positive behavior supports and de-escalation techniques over physical intervention4 7b7 ,report ,the ,secretary shall submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate-- 7#a7 not later than #c years after the date of enactment of this ,act1 an interim report that summarizes the preliminary findings of the assessment described in subsection 7a72 and 7#b7 not later than #e years after the date of the enactment of this ,act1 a final report of the findings of the assessment4 #i4 ,protection and ,advocacy ,systems ,protection and ,advocacy ,systems shall have the authority provided under section #adc of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejdc7 to investigate1 monitor1 and enforce protections provided for students under this ,act4 #aj4 ,head ,start ,programs 7a7 ,regulations ,the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary1 shall promulgate regulations with respect to ,head ,start agencies administering ,head ,start programs under the ,head ,start ,act 7#db ,u4,s4,c4 #ihja et seq47 that establish requirements consistent with-- 7#a7 the requirements established by regulations promulgated pursuant to section #e7;a72 and 7#b7 the reporting and enforcement requirements described in subsections 7b7 and 7c7 of section #f4 7b7 ,grant authority ,from the amount appropriated under section #ab1 the ,secretary may allocate funds to the ,secretary of ,health and ,human ,services to assist the ,head ,start agencies in establishing1 implementing1 and enforcing policies and procedures to meet the requirements established by regulations promulgated pursuant to subsection 7a74 #aa4 ,limitation of ,authority 7a7 ,in general ,nothing in this ,act shall be construed to restrict or limit1 or allow the ,secretary to restrict or limit1 any other rights or remedies otherwise available to students or parents under ,federal or ,state law or regulation4 7b7 ,applicability 7#a7 ,private schools ,nothing in this ,act shall be construed to affect any private school that does not receive1 or does not serve students who receive1 support in any form from any program supported1 in whole or in part1 with funds appropriated to the ,department of ,education4 7#b7 ,home schools ,nothing in this ,act shall be construed to-- 7,a7 affect a home school1 whether or not a home school is treated as a private school or home school under ,state law2 or 7,b7 consider parents who are schooling a child at home as school personnel4 #ab4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this ,act for fiscal year #bjad and each of the #d succeeding fiscal years4 #ac4 ,presumption of ,congress relating to competitive procedures 7a7 ,presumption ,it is the presumption of ,congress that grants awarded under this ,act will be awarded using competitive procedures based on merit4 7b7 ,report to ,congress ,if grants are awarded under this ,act using procedures other than competitive procedures1 the ,secretary shall submit to ,congress a report explaining why competitive procedures were not used4 #ad4 ,prohibition on earmarks ,none of the funds appropriated to carry out this ,act may be used for a congressional earmark as defined in clause #i;e1 of rule ,,xxi of the ,rules of the ,house of ,representatives of the #aacth ,congress4