,i #aafth ,,congress #ast ,session ,h4 ,r4 #gbg ,,in ,,the ,,house ,,of ,,representatives ,january #bc1 #bjai,mr4 ,hastings 7for himself1 ,mr4 ,cohen1 ,mr4 ,de,saulnier1 ,ms4 ,norton1 ,ms4 ,pingree1 and ,mr4 ,ryan7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to end the use of corporal punishment in schools1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,ending ,corporal ,punishment in ,schools ,act of #bjai4 #b4 ,findings ,congress finds the following3 7#a7 ,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 any corporal punishment4 7#b7 ,safe1 effective1 evidence-based strategies are available to support children who display challenging behaviors in school settings4 7#c7 ,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#d7 ,according to the ,department of ,education's ,technical ,assistance ,center on ,school-,wide ,positive ,behavior ,interventions and ,support1 outcomes associated with school-wide positive behavior support are3 decreased office discipline referrals1 increased instructional time1 decreased administrator time spent on discipline issues1 efficient and effective use of scarce resources1 and increased perception of school safety and sustainability through a team approach4 7#e7 ,every #cj seconds during the school year1 a public school student is corporally punished4 7#f7 ,nineteen ,states continue to permit corporal punishment in public schools4 7#g7 ,according to ,department of ,education statistics1 each year in the ,united ,states1 hundreds of thousands of school children are subjected to corporal punishment in public schools4 ,school corporal punishment is usually executed in the form of paddling1 or striking students with a wooden paddle on their buttocks or legs1 which can result in abrasions1 bruising1 severe muscle injury1 hematomas1 whiplash damage1 life-threatening hemorrhages1 and other medical complications that may require hospitalization4 7#h7 ,gross racial disparity exists in the execution of corporal punishment of public school children1 and ,african-,american schoolchildren are disproportionately corporally punished4 ,the most recent available statistics show that ,african-,american students make up #ah percent of the national student population1 but comprise #dj percent of all students subjected to physical punishment at school4 ,black children are nearly two-and-a-half times more likely to be corporally punished than ,white children1 and nearly eight times more likely to be corporally punished than ,hispanic children4 #c4 ,purposes ,the purposes of this ,act are to-- 7#a7 eliminate the use of corporal punishment in schools2 7#b7 ensure the safety of all students and school personnel in schools and promote a positive school culture and climate2 and 7#c7 assist ,states1 local educational agencies1 and schools in identifying and implementing effective evidence-based models to prevent and reduce-- 7,a7 corporal punishment in schools2 and 7,b7 aversive behavior interventions that compromise health4 #d4 ,prohibition against corporal punishment ,subpart #d of part ,c of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;f et seq47 is amended by adding at the end the following3 #ddh4 ,prohibition against corporal punishment 7a7 ,general prohibition ,no funds shall be made available under any applicable program to any educational agency or institution1 including a local educational agency or ,state educational agency1 that has a policy or practice which allows school personnel to inflict corporal punishment upon a student-- 7#a7 as a form of punishment2 or 7#b7 for the purpose of modifying undesirable behavior4 7b7 ,local educational agencies 7#a7 ,in general ,in the case of an applicable program under which a local educational agency may only receive funds through a ,state educational agency that is prohibited under subsection 7a7 from receiving funds under any applicable program1 a local educational agency that is not prohibited under subsection 7a7 from receiving such funds may apply directly to the ,secretary to receive funds under the program4 7#b7 ,certification ,each local educational agency applying directly to the ,secretary under paragraph 7#a7 shall certify in such application that the agency is not prohibited under subsection 7a7 from receiving funds under any applicable program4 7c7 ,rule of construction ,nothing in this section shall be construed to preclude school personnel from using1 within the scope of employment1 reasonable restraint to the lightest possible degree upon a student1 if-- 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 and 7#c7 the reasonable restraint ends immediately upon the cessation of the conditions described in paragraphs 7#a7 and 7#b74 7d7 ,definitions ,for purposes of this section-- 7#a7 the term corporal punishment has the meaning given such term in section #ab of the ,ending ,corporal ,punishment in ,schools ,act of #bjai2 7#b7 the term educational agency or institution means any public or private agency or institution which is the recipient1 or serves students who are recipients of1 funds under any applicable program2 7#c7 the terms local educational agency and ,state educational agency have the meanings given such terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife2 7#d7 the term school personnel has the meaning given such term in section #ab of the ,ending ,corporal ,punishment in ,schools ,act of #bjai2 and 7#e7 the term student includes any person who is in attendance at an educational agency or institution4 4 #e4 ,state plan and enforcement 7a7 ,state plan ,not later than #ah months after the date of enactment of this ,act and every third 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 policies and procedures that eliminate the use of corporal punishment in schools2 7#b7 a description of the ,state's policies and procedures2 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's policies and procedures4 7b7 ,enforcement 7#a7 ,in general 7,a7 ,use of remedies ,if a ,state educational agency fails to comply with subsection 7a71 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 enter into a compliance agreement in accordance with section #deg of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcd;f72 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 that 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 7c7 ,rule of construction ,nothing in this section shall be construed to preclude school personnel from using1 within the scope of employment1 reasonable restraint to the lightest possible degree upon a student1 if-- 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 and 7#c7 the reasonable restraint ends immediately upon the cessation of the conditions described in paragraphs 7#a7 and 7#b74 #f4 ,grant authority 7a7 ,in general ,from the amount appropriated under section #aa1 the ,secretary may award grants to ,state educational agencies to assist the agencies in 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-- 7#a7 will develop ,state training programs on school-wide positive behavior support approaches1 such as training programs developed with the assistance of the ,secretary 7acting through the ,office of ,special ,education ,programs ,technical ,assistance ,center on ,positive ,behavioral ,interventions and ,supports of the ,department of ,education72 and 7#b7 will target resources to schools and local educational agencies in need of assistance related to improving school culture and climate through positive behavior supports4 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 funds under this section4 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 ,developing and implementing high-quality professional development and training programs1 such as training programs developed with the assistance of the ,secretary 7acting through the ,office of ,special ,education ,programs ,technical ,assistance ,center on ,positive ,behavioral ,interventions and ,supports of the ,department of ,education71 to implement evidence-based systematic approaches to school-wide positive behavior supports1 including improving coaching1 facilitation1 and training capacity for principals and other 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 classroom and throughout common areas4 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 subsection1 including outreach to families and community agencies and providers1 such as mental health authorities4 7g7 ,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 grant1 prepare and submit to the ,secretary1 a report that-- 7#a7 evaluates the ,state's progress toward developing and implementing evidence-based systematic approaches to school-wide positive behavior supports2 and 7#b7 includes such information as the ,secretary may require4 7h7 ,department of the interior ,from the amount appropriated under section #aa1 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 #g4 ,national assessment 7a7 ,national assessment ,the ,secretary shall carry out a national assessment to-- 7#a7 determine compliance with the requirements of this ,act2 and 7#b7 identify best practices with respect to professional development and training programs carried out under section #f1 which shall include identifying evidence-based school personnel training models with demonstrated success 7including models that emphasize positive behavior supports and de-escalation techniques over physical intervention74 7b7 ,report ,the ,secretary shall submit to the ,committee on ,education and ,labor of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate-- 7#a7 an interim report that summarizes the preliminary findings of the assessment described in subsection 7a7 not later than #c years after the date of enactment of this ,act2 and 7#b7 a final report of the findings of the assessment not later than #e years after the date of the enactment of this ,act4 #h4 ,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 ,act and the amendments made by this ,act4 #i4 ,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 ,federal1 ,state1 or local 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 #aj4 ,rule of construction on data collection ,nothing in this ,act shall be construed to affect the collection of information or data with respect to corporal punishment authorized under the statutes and regulations implementing title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq471 title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid et seq471 or the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdja et seq474 #aa4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this ,act for fiscal year #bjai and each of the #d succeeding fiscal years4 #ab4 ,definitions ,in this ,act3 7#a7 ,corporal punishment ,the term corporal punishment means paddling1 spanking1 or other forms of physical punishment1 however light1 imposed upon a student4 7#b7 ,educational service agency ,the term educational service agency has the meaning given such term in section #haja7ah7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7ah774 7#c7 ,elementary school ,the term elementary school has the meaning given the term in section #haja7ai7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7ai774 7#d7 ,local educational agency ,the term local educational agency has the meaning given the term in section #haja7cj7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7cj774 7#e7 ,parent ,the term parent has the meaning given the term in section #haja7ch7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7ch774 7#f7 ,positive behavior supports ,the term positive behavior supports means a systematic approach to embed evidence-based practices and data-driven decision making 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 those with the most complex and intensive behavioral needs4 7#g7 ,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#h7 ,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#i7 ,specialized instructional support personnel ,the term specialized instructional support personnel means school counselors1 school social workers1 school nurses1 school psychologists1 and other qualified professional personnel involved in providing assessment1 diagnosis1 counseling1 educational1 health1 therapeutic1 and other necessary corrective or supportive services4 7#aj7 ,secondary school ,the term secondary school has the meaning given the term in section #haja7de7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7de774 7#aa7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#ab7 ,state ,the term ,state has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#ac7 ,state educational agency ,the term ,state educational agency has the meaning given the term in section #haja7dh7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7dh774 7#ad7 ,student ,the term student means a student enrolled in a school defined in paragraph 7#h74 #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 #i7;e7 of rule ,,xxi of the ,rules of the ,house of ,representatives of the #aadth ,congress4