,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #hahg  ,,in ,,the ,,house ,,of  
,,representatives  ,september #h1       
#bjbj,mr4 ,de,saulnier introduced the   
following bill2 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 ,act1 the ,americans with    
,disabilities ,act of #aiij1 and section
 #ejd of the ,rehabilitation ,act of    
#aigc1 and for other purposes4  #a4     
,short title ,this ,act may be cited as 
the ,protection and ,advocacy in        
,education ,act4  #b4 ,grants to        
establish a national education          
protection and advocacy program  7a7    
,definitions ,in this section3 7#a7     
,american ,indian consortium ,the term  
,american ,indian consortium has the    
meaning given the term in section #ajb  
of the ,developmental ,disabilities     

,assistance and ,bill of ,rights ,act of
 #bjjj 7#db ,u4,s4,c4 #aejjb74  7#b7    
,educational setting ,the term          
educational setting includes any        
setting1 including ,federal1 in which a 
student 7including a child1 youth1 or an
 adult7 eligible for education and      
related services under the ,acts listed 
in subsection 7b7 receives such         
services4  7#c7 ,secretary ,the term    
,secretary means the ,secretary of      
,education4  7#d7 ,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    
#aejdc et seq474  7b7 ,establishment    
,the ,secretary shall make grants to a  
protection and advocacy system for the  
purpose of protecting and advocating for
 the educational needs of children1     
youth1 and adults who are 7or may be7   
eligible for services under the         

,individuals with ,disabilities         
,education ,act 7#bj ,u4,s4,c4 #adjj et 
seq471 section #ejd of the              
,rehabilitation ,act of #aigc 7#bi      
,u4,s4,c4 #gid et seq471 or the         
,americans with ,disabilities ,act of   
#aiij 7#db ,u4,s4,c4 #abaja et seq474   
7c7 ,uses of funds ,a protection and    
advocacy system may use a grant under   
this section to-- 7#a7 monitor          
compliance with1 and identify conditions
 and practices that violate the ,acts   
described in subsection 7b72  7#b7      
advocate for-- 7,a7 safe and humane     
conditions and the elimination of       
aversive and dangerous practices at     
educational settings1 including         
seclusion and restraint2  7,b7 redress  
of violations of the law and1 provide   
representation in dispute resolution2   
and  7,c7 systemic change in educational
 setting to address violations2 and     
7#c7 pursue administrative1 legal1 and  
other appropriate remedies to ensure    
that children1 youth1 and adults with   

disabilities are receiving the          
educational services and rights to which
 they are entitled under the            
,individuals with ,disabilities         
,education ,act 7#bj ,u4,s4,c4 #adjj et 
seq471 section #ejd of the              
,rehabilitation ,act of #aigc 7#bi      
,u4,s4,c4 #gid et seq471 and the        
,americans with ,disabilities ,act of   
#aiij 7#db ,u4,s4,c4 #abaja et seq474   
7d7 ,system requirements ,to be eligible
 for a grant under this section1 a      
protection and advocacy system shall--  
7#a7 have the authority to investigate  
incidents of abuse and neglect of youth1
 children1 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     
occurred2  7#b7 have the authority to   
pursue legal1 administrative1 and other 
appropriate remedies or approaches to   
ensure the protection of1 and advocacy  
for1 the rights of children1 youth1 and 

adults who are eligible or who may be   
eligible for assistance under the       
,individuals with ,disabilities         
,education ,act 7#bj ,u4,s4,c4 #adjj et 
seq471 the ,americans with ,disabilities
 ,act of #aiij 7#db ,u4,s4,c4 #abaja et 
seq471 or section #ejd of the           
,rehabilitation ,act of #aigc 7#bi      
,u4,s4,c4 #gid72 and  7#c7 have the same
 authorities as set forth in the        
,developmental ,disabilities ,assistance
 and ,bill of ,rights ,act of #bjjj 7#db
 ,u4,s4,c4 #aejja et seq47 and any      
regulations issued under such ,act1     
including the authority to access       
individuals1 records1 and educational   
settings4  7e7 ,application ,a          
protection and advocacy system shall    
submit an application to address the    
needs of children1 youth1 and adults    
with disabilities in educational        
settings described in subsection 7b7 to 
the ,secretary at such time1 in such    
form and manner1 and accompanied by such
 information as the ,secretary may      

require4  7f7 ,appropriations less than 
#f1fjj1jjj  7#a7 ,in general ,with      
respect to any fiscal year in which the 
amount appropriated pursuant to         
subsection 7k7 to carry out this section
 is less than #f1fjj1jjj1 the ,secretary
 shall make grants from such amount     
among protection and advocacy systems   
that apply for a grant under this       
section4  7#b7 ,amount of grant ,the    
amount of a grant under paragraph 7#a7  
shall not be less than-- 7,a7 #abj1jjj  
for a protection and advocacy system    
located in #a of the several ,states1   
the ,district of ,columbia1 or the      
,commonwealth of ,puerto ,rico2 and     
7,b7 #fj1jjj for a protection and       
advocacy system located in ,american    
,samoa1 the ,commonwealth of the        
,northern ,mariana ,islands1 ,guam1 the 
,united ,states ,virgin ,islands1 or the
 ,american ,indian ,consortium4  7g7    
,appropriations of #f1fjj1jjj or more   
7#a7 ,in general ,with respect to any   
fiscal year in which the amount         

appropriated pursuant to subsection 7k7 
to carry out this section is not less   
than #f1fjj1jjj1 the ,secretary shall   
make grants from such amount not later  
than ,october #a of the fiscal year to  
protection and advocacy systems that    
apply for a grant under this section4   
7#b7 ,amount of grant ,subject to       
paragraph 7#c71 the amount of a grant to
 a protection and advocacy system under 
paragraph 7#a7 shall be equal to an     
amount bearing the same ratio to the    
total amount appropriated for the fiscal
 year involved pursuant to subsection   
7k7 as the population of the ,state in  
which the grantee is located bears to   
the population of all ,states4  7#c7    
,minimums ,the amount of a grant under  
paragraph 7#a7 shall not be less than-- 
7,a7 #abj1jjj for a protection and      
advocacy system located in one of the   
several ,states1 the ,district of       
,columbia1 or the ,commonwealth of      
,puerto ,rico2 and  7,b7 #fj1jjj for a  
protection and advocacy system located  

in ,american ,samoa1 the ,commonwealth  
of the ,northern ,mariana ,islands1     
,guam1 the ,united ,states ,virgin      
,islands1 or the ,american ,indian      
,consortium4  7#d7 ,adjustment ,for each
 fiscal year in which the total amount  
appropriated under subsection 7k7 to    
carry out this section is #aj1jjj1jjj or
 more1 and such appropriated amount     
exceeds the total amount appropriated to
 carry out this section in the preceding
 fiscal year1 the ,secretary shall      
increase each of the minimum grant      
amounts described in subparagraphs 7,a7 
and 7,b7 of paragraph 7#c7 by a         
percentage equal to the percentage      
increase in the total amount            
appropriated under subsection 7k7 to    
carry out this section between the      
preceding fiscal year and the fiscal    
year involved4  7h7 ,direct payment     
,notwithstanding any other provision of 
law1 the ,secretary shall pay directly  
to any protection and advocacy system   
that complies with this section1 the    

total amount of the grant for such      
system1 unless the system provides      
otherwise for such payment4  7i7 ,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 children1 youth1  
and adults who are 7or may be7 eligible 
for services under the ,individuals with
 ,disabilities ,education ,act 7#bj     
,u4,s4,c4 #adjj et seq47 or section #ejd
 of the ,rehabilitation ,act of #aigc   
7#bi ,u4,s4,c4 #gid71 or the ,americans 
with ,disabilities ,act of #aiij 7#db   
,u4,s4,c4 #abaja et seq474  7j7         
,administrative1 reporting1 and         
oversight requirements ,to the extent   
possible1 reporting1 monitoring1 program
 financing1 and other administrative and
 oversight requirements established by  
the ,secretary under this section shall 
be consistent with the administrative1  
reporting1 and oversight requirements   

for a protection and advocacy system    
under the ,developmental ,disabilities  
,assistance and ,bill of ,rights ,act of
 #bjjj 7#db ,u4,s4,c4 #aejjja et seq474 
7k7 ,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 #bjba through      
#bjcj4  7l7 ,technical assistance  7#a7 
,appropriations of less than #f1gej1jjj 
,for any fiscal year in which the amount
 appropriated to carry out this section 
is less than #f1gej1jjj1 the ,secretary 
shall set aside #a percent of the funds 
appropriated 7but not less than #ej1jjj7
 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 assistance4  7#b7             
,appropriations of not less than        
#f1gej1jjj ,for any fiscal year in which
 the amount appropriated to carry out   

this section is not less than           
#f1gej1jjj1 the ,secretary shall set    
aside #b 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 assistance4  7m7 ,supplement1 
not supplant ,a protection and advocacy 
system shall use funds under this       
section only to supplement the funds    
that would1 in the absence of such      
funds1 be made available from           
non-,federal funds for the uses         
described in subsection 7c71 and not to 
supplant such funds4  7n7 ,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 year4 ,program income 
generated from such amount shall remain 

available for #b additional fiscal years
 after the year in which such amount was
 paid to the protection and advocacy    
system4