,i #aafth ,,congress #ast ,session ,h4 ,r4 #ecbe ,,in ,,the ,,house ,,of ,,representatives ,december #e1 #bjai,ms4 ,pressley introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to reduce exclusionary discipline practices in schools1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,ending ,punitive1 ,unfair1 ,school-based ,harm that is ,overt and ,unresponsive to ,trauma ,act of #bjai or the ,ending ,,pushout ,act of #bjai4 #b4 ,purpose ,it is the purpose of this ,act to-- 7#a7 strengthen data collection related to exclusionary discipline practices in schools and the discriminatory application of such practices1 which disproportionately impacts students of color1 particularly girls of color2 7#b7 eliminate the discriminatory use and overuse of exclusionary discipline practices based on actual or perceived race1 ethnicity1 color1 national origin1 sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 or other stereotype related to sex71 or disability2 and 7#c7 prevent the criminalization and pushout of students from school1 especially ,black and brown girls1 as a result of educational barriers that include discrimination1 punitive discipline policies and practices1 and a failure to recognize and support students with mental health needs or experiencing trauma4 #c4 ,strengthening civil rights data collection with respect to exclusionary discipline in schools 7a7 ,in general ,the ,assistant ,secretary for ,civil ,rights shall annually carry out data collection authorized under section #bjc7;c77#a7 of the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdac7;c77#a771 which shall include data with respect to students enrolled in a public preschool1 elementary1 or secondary school 7including traditional public1 charter1 virtual1 special education school1 and alternative schools7 who received the following disciplinary actions during the preceding school year3 7#a7 ,suspension 7including the classification of the suspension as in-school suspension or out-of-school suspension71 which shall include data with respect to-- 7,a7 the number of students who were suspended2 7,b7 the number and length of suspensions each such student received2 7,c7 the reason for each such suspension1 including-- 7i7 a violation of a zero-tolerance policy and whether such violation was due to a violent or nonviolent offense2 7ii7 a violation of an appearance or grooming policy2 7iii7 an act of insubordination2 7iv7 willful defiance2 and 7v7 a violation of a school code of conduct2 and 7,d7 the number of days of lost instruction due to each out-of-school suspension4 7#b7 ,expulsion1 which shall include data with respect to-- 7,a7 the number of students who were expelled2 and 7,b7 the reason for each such expulsion1 including-- 7i7 a violation of a zero-tolerance policy and whether such violation was due to a violent or nonviolent offense2 7ii7 a violation of an appearance or grooming policy2 7iii7 an act of insubordination1 willful defiance1 or violation of a school code of conduct2 and 7iv7 the use of profane or vulgar language4 7#c7 ,the number of students subject to an out-of-school transfer to a different school1 including a virtual school1 and if so1 the primary reason for each such transfer4 7#d7 ,the number of students subject to a referral to law enforcement1 including the primary reason for each such referral1 and whether such referral resulted in an arrest4 7b7 ,report 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary1 acting through the ,assistant ,secretary for ,civil ,rights1 shall submit to ,congress a report on the data collected under subsection 7a74 7#b7 ,requirements ,the report required under paragraph 7#a7 shall-- 7,a7 identify1 with respect to the data collected under subsection 7a71 schools1 local educational agencies1 and ,states that demonstrate1 in the opinion of the ,secretary1 the overuse and discriminatory use of exclusionary disciplinary practices2 7,b7 be disaggregated and cross tabulated by-- 7i7 enrollment in a preschool or in an elementary school and secondary school by grade level2 7ii7 race2 7iii7 ethnicity2 7iv7 sex 7including1 to the extent possible1 sexual orientation and gender identity72 7v7 low-income status2 7vi7 disability status 7including students eligible for disability under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja et4 seq47 or section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid772 7vii7 ,english learner status2 7viii7 ,tribal citizenship or descent1 in the first or second degree1 of an ,indian ,tribe2 and 7ix7 if applicable1 pregnant and parenting student status2 7,c7 be publicly accessible in multiple languages1 accessibility formats1 and provided in a language that parents1 family1 and community members can understand2 and 7,d7 be presented in a manner that protects the privacy of individuals consistent with the requirements of section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g71 commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd4 #d4 ,grants to reduce exclusionary school discipline practices 7a7 ,in general ,the ,secretary shall award grants 7which shall be known as the ,healing ,school ,climate ,grants71 on a competitive basis1 to eligible entities for the purpose of reducing the overuse and discriminatory use of exclusionary discipline practices in schools4 7b7 ,application ,an eligible entity seeking a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require1 including an assurance that the eligible entity shall prioritize schools with the highest rates of suspensions and expulsions4 7c7 ,program requirement ,an eligible entity that receives a grant under subsection 7a7 shall prohibit the use of-- 7#a7 out-of-school suspension or expulsion for any student in preschool through grade #e for incidents that do not involve serious bodily injury2 7#b7 out-of-school suspension or expulsion for any student in preschool through grade #ab for insubordination1 willful defiance1 vulgarity1 truancy1 tardiness1 chronic absenteeism1 or as a result of a violation of a grooming or appearance policy2 7#c7 corporal punishment2 7#d7 mechanical and chemical restraints of students2 7#e7 physical restraints of students1 except in situations involving imminent danger of serious physical harm2 and 7#f7 seclusion4 7d7 ,use of funds 7#a7 ,required uses ,an eligible entity that receives a grant under this section shall use funds to-- 7,a7 evaluate the current discipline policies of a school and1 in partnership with students 7including girls of color71 the family members of students1 and the local community of such school1 develop discipline policies for such school to ensure that such policies are not exclusionary or discriminately applied toward students2 7,b7 provide training and professional development for teachers1 principals1 school leaders1 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 practices1 including training in-- 7i7 identifying and providing support to students who may have experienced or are at risk of experiencing trauma or have other mental health needs2 7ii7 administering and responding to assessments on adverse childhood experiences2 7iii7 providing student-centered1 trauma-informed positive behavior management intervention and support that creates safe and supportive school climates2 7iv7 using restorative practices2 7v7 using culturally and linguistically responsive intervention strategies2 7vi7 developing social and emotional learning competencies2 and 7vii7 increasing student engagement and improving dialogue between students and teachers2 7,c7 implement evidence-based alternatives to suspension or expulsion1 including-- 7i7 multi-tier systems of support1 such as schoolwide positive behavioral interventions and supports2 7ii7 social1 emotional1 and academic learning strategies designed to engage students and avoid escalating conflicts2 and 7iii7 other data-driven approaches to improving school environments2 7,d7 improve behavioral and academic outcomes for students by creating a safe and supportive learning environment and school climate1 which may include-- 7i7 restorative practices with respect to improving relationships among students1 school officials1 and members of the local community1 which may include partnering with local mental health agencies or nonprofit organizations2 7ii7 access to mentors and peer-based support programs2 7iii7 extracurricular programs1 including sports and art programs2 7iv7 social and emotional learning strategies designed to engage students and avoid escalating conflicts2 7v7 access to counseling1 mental health programs1 and trauma-informed care programs1 including suicide prevention programs2 and 7vi7 access to culturally responsive curricula that affirms the history and contributions of traditionally marginalized people and communities2 7,e7 hire social workers1 school counselors1 trauma-informed care personnel1 and other mental health personnel2 and 7,f7 support the development1 delivery1 and analysis of school climate surveys4 7#b7 ,prohibited uses ,an eligible entity that receives a grant under this section may not use funds to-- 7,a7 hire or retain law enforcement personnel1 including school resource officers2 7,b7 purchase1 maintain1 or install surveillance equipment1 including metal detectors or software programs that monitor or mine the social media use or technology use of students2 7,c7 arm teachers1 principals1 school leaders1 or other school personnel2 and 7,d7 enter into formal or informal partnerships or data and information sharing agreements with-- 7i7 the ,secretary of ,homeland ,security1 including agreements with ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection2 or 7ii7 local law enforcement agencies1 including partnerships that allow for hiring of school-based police and school resource officers4 7e7 ,technical assistance ,the ,secretary1 in carrying out subsection 7a71 may reserve not more than #b percent of funds to provide technical assistance to eligible entities1 which may include-- 7#a7 support for data collection1 compliance1 and analysis of the activities of the program authorized under subsection 7a72 and 7#b7 informational meetings and seminars with respect to the application process under subsection 7b74 7f7 ,eligible entities ,in this section1 the term eligible entity means-- 7#a7 #a or more local educational agencies 7who may be partnered with a ,state educational agency71 including a public charter school that is a local educational agency under ,state law or local educational agency operated by the ,bureau of ,indian ,education2 or 7#b7 a nonprofit organization 7defined as an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code1 which is exempt from taxation under section #eja7;a7 of such ,code7 with a track record of success in improving school climates and supporting students4 #e4 ,joint task force to end school pushout of girls of color 7a7 ,establishment ,the ,secretary and the ,secretary of ,health and ,human ,services shall establish and operate a joint task force to end school pushout 7in this section referred to as the ,joint ,task ,force74 7b7 ,composition 7#a7 ,chairs ,the ,secretary and the ,secretary of ,health and ,human ,services shall chair the ,joint ,task ,force4 7#b7 ,members ,the ,joint ,task ,force shall be composed of-- 7,a7 ,native ,american girls2 7,b7 students1 including ,black and brown girls2 7,c7 teachers2 7,d7 parents with children in school2 7,e7 school officials2 7,f7 representatives from civil rights and disability organizations2 7,g7 psychologists1 social workers1 trauma-informed personnel1 and other mental health professionals2 and 7,h7 researchers with experience in behavioral intervention4 7#c7 ,advisory members ,in addition to the members under paragraph 7#b71 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 ,force4 7#d7 ,member appointment ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary and the ,secretary of ,health and ,human ,services shall appoint the members of the ,joint ,task ,force-- 7,a7 in accordance with paragraph 7#b72 7,b7 using a competitive application process2 and 7,c7 with consideration to the racial1 ethnic1 gender1 and geographic diversity of the ,joint ,task ,force4 7c7 ,study and recommendations ,the ,joint ,task ,force shall-- 7#a7 conduct a study to-- 7,a7 identify best practices for reducing the overuse and discriminatory use of exclusionary discipline practices2 and 7,b7 determine to what extent exclusionary discipline practices contribute to the criminalization of-- 7i7 girls of color2 7ii7 ,english learners2 7iii7 ,native ,american girls2 7iv7 students who identify as lesbian1 gay1 bisexual1 transgender1 queer1 or questioning2 and 7v7 students with disabilities2 and 7#b7 develop recommendations based on the study conducted under paragraph 7#a74 7d7 ,report ,not later than #cfj days after the date of the enactment of this ,act1 and biannually thereafter1 the ,secretary and the ,secretary of ,health and ,human ,services shall submit to ,congress a report on the recommendations under subsection 7c77#b74 #f4 ,authorization of appropriation 7a7 ,in general ,there is authorized to be appropriated #ejj1jjj1jjj for each of fiscal years #bjba through #bjbe to carry out sections #d and #e4 7b7 ,additional funding to the ,office for ,civil ,rights ,there is authorized to be appropriated #ejj1jjj1jjj for fiscal year #bjba through #bjbe1 and each fiscal year thereafter1 to carry out section #c4 #g4 ,definitions ,in this ,act3 7#a7 ,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 official4 7#b7 ,appearance or grooming policy ,the term appearance or grooming policy means any practice1 policy1 or portion of a student conduct code that governs or restricts the appearance of students1 including policies that-- 7,a7 restrict or prescribe clothing that a student may wear 7such as hijabs1 headwraps1 or bandanas72 7,b7 restrict specific hair styles 7such as braids1 locks1 twists1 bantu knots1 cornrows1 extensions1 or afros72 or 7,c7 restrict whether or how a student may apply make-up1 nail polish1 or other cosmetics4 7#c7 ,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 a licensed physician or other qualified health professional acting under the scope of the authority of a health professional under ,state law4 7#d7 ,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 school4 7#e7 ,disability ,the term disability means a mental or physical disability that meets the conditions set forth in clauses 7i7 and 7ii7 of section #fjb7c77;,a7 of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja7c77;,a77i7 and 7ii774 7#f7 ,elementary and ,secondary ,education ,act terms ,the terms elementary school1 ,english learner1 local educational agency1 secondary school1 and ,state educational agency has the meanings given such terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#g7 ,gender identity ,the term gender identity means the gender-related identity1 appearance1 mannerisms1 or other gender-related characteristics of an individual regardless of the designated sex at birth of the individual4 7#h7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d7;e7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7;e774 7#i7 ,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 official4 7#aj7 ,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 for resident4 7#aa7 ,multi-tier system of supports ,the term multi-tier system of supports means a comprehensive continuum of evidence-based1 systemic practices to support a rapid response to the needs of students1 with regular observation to facilitate data-based instructional decision making4 7#ab7 ,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 setting1 including a home or behavior center1 regardless of whether such disciplinary removal is deemed as a suspension by school officials4 7#ac7 ,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#ad7 ,physical restraint ,the term physical restraint means a personal restriction that immobilizes or reduces the ability of an individual to move the individual's arms1 legs1 torso1 or head freely1 except that such term does not include a physical escort1 mechanical restraint1 or chemical restraint4 7#ae7 ,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 students4 7#af7 ,pushout ,the term pushout means an instance when a student leaves elementary1 middle or secondary school1 including a forced transfer to another school1 prior to graduating secondary school due to overuse of exclusionary discipline practices1 failure to address trauma or other mental health needs1 discrimination1 or other educational barriers that do not support or promote the success of a student4 7#ag7 ,school official ,the term school official means a teacher1 school principal1 administrator1 or other personnel engaged in the performance of duties with respect to a school4 7#ah7 ,seclusion ,the term seclusion means the involuntary confinement of a student alone in a room or area where the student is physically prevented from leaving1 and does not include a time out4 7#ai7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#bj7 ,serious bodily injury ,the term serious bodily injury has the meaning given that term in section #acfe7;h77#c7 of title #ah1 ,united ,states ,code4 7#ba7 ,sexual orientation ,the term 8sexual orientation0 means homosexuality1 heterosexuality1 or bisexuality4 7#bb7 ,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 #fjb7c77;,a77i7 of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja7c77;,a77i77 or are subject to section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid74 7#bc7 ,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 8student0 for 8resident04 7#bd7 ,zero-tolerance policy ,the term zero-tolerance policy is a school discipline policy that results in an automatic disciplinary consequence1 including out-of-school suspension1 expulsion1 and involuntary school transfer4