,,ii  #aafth ,,congress  #b;d ,session  
,s4 #dief  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #c1  
#bjbj,mr4 ,casey 7for himself1 ,ms4     
,duckworth1 and ,mr4 ,van ,hollen7      
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,health1 ,education1      
,labor1 and ,pensions  ,a ,,bill  ,to   
create a ,council on ,emergency         
,response ,protocols to ensure the      
establishment of accessible1            
developmentally appropriate1 culturally 
aware1 and trauma-informed emergency    
response protocols in public schools1   
early childcare and education settings1 
and institutions of higher education1   
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,promoting ,responsible ,emergency      
,protocols for ,all ,students ,act or   
the ,,prep for ,all ,students ,act of   
#bjbj4  #b4 ,findings ,congress finds   
the following3 7#a7 ,the lack of        
accessible1 developmentally appropriate1

 culturally aware1 and trauma-informed  
emergency response protocols for        
children and youth in public schools1   
early childcare and education settings1 
and institutions of higher education is 
not a trivial issue3 7,a7 ,in #bjaf1    
there were #ab1jcb1jjj children from    
ages #c to #e enrolled in preprimary    
education programs1 and almost          
one-quarter of children under the age of
 #e are in some form of child care      
arrangement1 including nurseries1 child 
care centers1 and preschools4  7,b7 ,in 
the #bjag-bjah school year-- 7i7 #ad    
percent of students in grades           
kindergarten through grade #ab had a    
disability2 and  7ii7 #aa percent of    
students in postbaccalaureate programs  
self-identified as having a disability4 
7#b7 ,as of the date of enactment of    
this ,act1 little has been done to      
integrate specific populations1 such as 
children and youth at various           
developmental stages or children and    
youth with disabilities1 into emergency 

preparedness planning4  7#c7 ,in #bjah  
alone1 there were #ajh natural disasters
 in the ,united ,states1 including      
severe thunderstorms1 floods1 wildfires1
 droughts1 earthquakes1 and other       
extreme weather4  7#d7 ,during the #af  
academic years from #bjjj through #bjae1
 there were #he fatal fires in          
dormitories1 fraternities1 sororities1  
and off-campus housing1 resulting in    
#aah fatalities--an average of          
approximately #g per school year4  7#e7 
,the risks associated with natural and  
manmade disasters have a                
disproportionate impact on individuals  
with disabilities4 ,people with         
disabilities are #b to #d times more    
likely to die or sustain critical       
injuries during a disaster than people  
without disabilities4  7#f7 ,technology 
plays an increasingly vital role in     
emergency communications but remains    
largely inaccessible for many           
individuals with disabilities4  7#g7    
,the rise of gun violence and gun       

violence-related deaths has contributed 
to the expansion of school security     
technologies and devices4 ,while such   
technologies and devices have the       
potential to save lives1 they have      
largely been developed without          
consideration of the needs of students  
at various developmental stages or      
students with disabilities4 ,thus1 there
 may be inherent biases within these    
technologies and devices that           
disadvantage or create bias toward      
specific populations4  7#h7 ,as of the  
date of enactment of this ,act1 #ib     
percent of schools nationwide have an   
active shooter lockdown protocol4 ,more 
than #a1jjj1jjj elementary-age children 
experienced a lockdown in the #bjag-bjah
 school year1 and among that group1 at  
least #bbj1jjj were in kindergarten or  
prekindergarten4  7#i7 ,while the       
,department of ,homeland ,security      
active shooter emergency guidelines     
recommend that students and personnel in
 school and early childcare and         

education settings ,run1 ,hide1 and     
,fight1 these strategies can exacerbate 
danger for young children in            
prekindergarten and child care centers1 
and can exclude and put at risk students
 with a wide range of disabilities4     
7#aj7 ,at the height of the #bjai novel 
coronavirus 7,,covid-#ai7 pandemic1     
emergency closures of early education   
centers1 elementary schools1 secondary  
schools1 and institutions of higher     
education created great disruptions in  
learning and cast a light on educational
 institutions' lack of preparedness     
protocols for public health emergencies4
  7#aa7 ,during the pandemic1 early care
 and education remains indispensable for
 the development of children and for    
millions of health care workers1 first  
responders1 educators1 and essential    
personnel1 and it is imperative that    
early care and education centers and    
schools have emergency preparedness     
plans to ensure the safety of students  
and educators4  7#ab7 ,emergency        

preparation drills and real-life        
lockdowns where danger may be external  
can create undue stress1 fear1 and      
trauma in children1 youth1 employees1   
and other specific populations in       
schools1 early childcare and education  
settings1 and institutions of higher    
education4  7#ac7 ,traumatic events have
 a long-lasting and profound sensory    
impact on young children1 as birth to   
age #e is a critical developmental age4 
,frightening visual stimuli1 loud       
noises1 violent movements1 and other    
sensations associated with an           
unpredictable frightening event1 such as
 in an emergency preparation drill or   
lockdown1 can cause substantial stress4 
,unlike older children1 young children  
cannot express in words whether they    
feel afraid1 overwhelmed1 or helpless1  
and may have difficulty regulating their
 behavior and emotions after            
experiencing trauma4  7#ad7 ,there is an
 increasing need to ensure the          
establishment of accessible1            

developmentally appropriate1 culturally 
aware1 and trauma-informed emergency    
response protocols1 including gun       
violence response and prevention        
protocols1 natural disaster preparedness
 procedures1 fire drills1 and other     
emergency preparation drills or lockdown
 procedures1 in public schools1 early   
childcare and education settings1 and   
institutions of higher education4  #c4  
,definitions ,in this ,act3 7#a7 ,,esea 
definitions ,the terms elementary       
school1 local educational agency1       
paraprofessional1 school leader1        
secondary school1 and specialized       
instructional support personnel have the
 meanings given the terms in section    
#haja of the ,elementary and ,secondary 
,education ,act of #aife 7#bj ,u4,s4,c4 
#ghja74  7#b7 ,accessible ,the term     
accessible1 when used with respect to an
 emergency response protocol1 means a   
protocol that-- 7,a7 is developed in    
full compliance with title ,,ii of the  
,americans with ,disabilities ,act of   

#aiij 7#db ,u4,s4,c4 #abaca et seq47 and
 the ,rehabilitation ,act of #aigc 7#bi 
,u4,s4,c4 #gja et seq472 and  7,b7      
accounts for a comprehensive range of   
disabilities1 including children and    
youth who use non-speech modes of       
communication4  7#c7 ,council ,the term 
,council means the ,council on          
,emergency ,response ,protocols         
established under section #d4  7#d7     
,culturally aware ,the term culturally  
aware1 when used with respect to an     
emergency response protocol1 means a    
protocol that-- 7,a7 7i7 incorporates   
the roles of first responder personnel1 
law enforcement personnel1 school       
resource officers1 and other authorities
 in the communities where the students  
live and attend school2  7ii7 takes into
 account the use and prevalence of      
firearms in such communities2 and  7iii7
 is cognizant of the ways in which      
,african-,american students and students
 of other racial or ethnic minority     
groups are more likely to face          

disciplinary action in schools2  7,b7 is
 designed to be sensitive to and respect
 cultural differences and differences in
 customs and worldview2 and  7,c7       
considers the ways in which certain     
emergency events have disparate impact  
on ,african ,americans1 ,native peoples1
 and other racial and ethnic minorities4
  7#e7 ,developmentally appropriate ,the
 term developmentally appropriate1 when 
used with respect to an emergency       
response protocol1 means a protocol that
 is appropriate for children's ages and 
physical1 social1 sensory1 and emotional
 developmental statuses4  7#f7          
,disability ,the term disability has the
 meaning given the term in section #c of
 the ,americans with ,disabilities ,act 
of #aiij 7#db ,u4,s4,c4 #abajb74  7#g7  
,institution of higher education ,the   
term institution of higher education has
 the meaning given the term in section  
#ajb of the ,higher ,education ,act of  
#aife 7#bj ,u4,s4,c4 #ajjb74  7#h7      
,trauma-informed ,the term              

trauma-informed1 when used with respect 
to an emergency response protocol1 means
 a protocol that-- 7,a7 recognizes the  
prevalence of trauma and the role that  
trauma plays in the lives of children1  
youth1 and survivors of trauma2  7,b7   
considers the physical1 psychological1  
and emotional well-being of individuals 
during and after an emergency event2 and
  7,c7 takes an approach that actively  
combats the traumatization or           
retraumatization of children1 youth1 and
 survivors of trauma4  #d4              
,establishment of ,council on ,emergency
 ,response ,protocols  7a7              
,establishment ,there is established a  
,council on ,emergency ,response        
,protocols4  7b7 ,composition  7#a7     
,chairperson ,the ,secretary of         
,education1 in an expeditious manner1   
shall appoint an individual who         
represents one of the categories        
described in paragraph 7#b7 to serve as 
a member and chairperson of the         
,council4  7#b7 ,appointed members ,by  

not later than #ij days after the date  
of enactment of this ,act1 the          
chairperson of the ,council shall       
appoint a member to the ,council for    
each of the following categories 7except
 for the category represented by the    
chairperson73 7,a7 ,an executive        
director or a representative from a     
national organization representing      
individuals with disabilities4  7,b7 ,an
 executive director or a representative 
from a national organization            
representing early childcare educators4 
7,c7 ,the executive director or a       
representative from a national          
organization representing law           
enforcement officials4  7,d7 ,the       
executive director or a representative  
from an organization focused on         
emergency preparedness training in early
 childcare4  7,e7 ,a member of an       
organization representing teachers1     
school leaders1 specialized             
instructional support personnel1 and    
paraprofessionals4  7,f7 ,a member of an

 organization representing school-based 
child welfare and mental health         
professionals4  7,g7 ,an individual with
 a physical1 sensory1 intellectual1 or  
developmental disability who has        
demonstrated disability advocacy        
experience in kindergarten through grade
 #ab education4  7,h7 ,an individual    
with a mental health disability who has 
been enrolled in an institution of      
higher education for at least a year    
during the #e years prior to the date of
 the individual's appointment to the    
,council4  7,i7 ,an individual with a   
physical1 sensory1 intellectual1 or     
developmental disability who has been   
enrolled in an institution of higher    
education for a year prior to the date  
of the individual's appointment to the  
,council4  7,j7 ,a parent or guardian of
 a child in an early childcare and      
education program4  7,k7 ,a parent or   
guardian of a child with a physical1    
sensory1 intellectual1 or developmental 
disability in-- 7i7 an early childcare  

and education program2 or  7ii7 a public
 elementary school or secondary school4 
7#c7 ,federal members  7,a7 ,department 
of ,education members ,the following    
officers of the ,department of          
,education shall serve as members of the
 ,council3 7i7 ,the ,assistant          
,secretary of the ,office of ,planning1 
,evaluation1 and ,policy ,development4  
7ii7 ,the ,assistant ,secretary of the  
,office of ,special ,education and      
,rehabilitative ,services4  7iii7 ,the  
,assistant ,secretary for ,civil        
,rights4  7iv7 ,the ,director for the   
,office of ,early ,learning4  7v7 ,the  
,director of the ,office of ,special    
,education ,programs4  7,b7 ,health and 
,human ,services members ,the following 
officers of the ,administration for     
,children and ,families of the          
,department of ,health and ,human       
,services shall serve as members of the 
,council3 7i7 ,the ,director of the     
,office of ,child ,care4  7ii7 ,the     
,director of the ,office of ,head       

,start4  7,c7 ,,fema member ,the        
,administrator of the ,federal          
,emergency ,management ,agency shall    
serve as a member of the ,council4  7#d7
 ,additional requirements ,the          
chairperson shall ensure that not less  
than one of the members appointed under 
paragraph 7#b7 has directly experienced1
 as a student1 gun violence or another  
emergency event in which a lockdown     
protocol was enforced in an educational 
setting that was the primary target of  
the emergency event4  7c7 ,meetings     
7#a7 ,initial meeting ,the ,council     
shall hold its first meeting not later  
than #ij days after the date of         
enactment of this ,act4  7#b7 ,frequency
 ,the ,council shall meet at the call of
 the chairperson4  7#c7 ,quorum ,a      
majority of the members of the ,council 
shall constitute a quorum1 but a lesser 
number of members may hold hearings4    
#e4 ,duties  7a7 ,hearing ,the ,council 
shall hold a hearing with relevant      
stakeholders1 including students and    

educators1 principals and other school  
leaders1 child care experts1 disability 
advocates1 civil rights advocates1 law  
enforcement1 security experts1 and      
others1 not later than #abj days after  
the date of enactment of this ,act4  7b7
 ,study and review ,the ,council shall--
 7#a7 study emergency response          
protocols1 including gun violence       
response and prevention protocols1      
natural disaster preparedness           
procedures1 fire drills1 and other      
emergency preparation drills or lockdown
 procedures1 for educational settings   
including early childcare and education 
settings1 elementary schools and        
secondary schools1 and institutions of  
higher education2 and  7#b7 conduct a   
complete and thorough review of the     
relevant literature and research        
surrounding emergency response protocols
 in such educational settings and the   
impact that emergency response protocols
 can have on specific populations of    
children1 youth1 and employees1         

including the effects on children living
 in poverty and children of color4  7c7 
,recommendations and guidelines ,after  
completing the study and review         
described in subsection 7b71 the        
,council shall provide-- 7#a7           
recommendations that ensure that        
,states1 early childcare and education  
settings1 local educational agencies1   
and institutions of higher education are
 provided with accurate information     
about the needs of specific populations 
of children1 youth1 and employees during
 emergencies2  7#b7 guidelines for      
,states1 early childcare and education  
settings1 local educational agencies1   
and institutions of higher education to 
use in developing and implementing      
emergency response protocols1 including 
gun violence response and prevention    
protocols1 natural disaster preparedness
 procedures1 fire drills1 and other     
emergency preparation drills or lockdown
 procedures1 that are inclusive and     
accessible2 and  7#c7 guidelines-- 7,a7 

for the development and implementation  
of accessible1 developmentally          
appropriate1 culturally aware1 and      
trauma-informed emergency response      
protocols1 including gun violence       
response and prevention protocols1      
natural disaster preparedness           
procedures1 fire drills1 and other      
emergency preparation drills or lockdown
 procedures1 that include information   
about-- 7i7 preparedness drills1        
including discussions and seminars on   
emergency preparedness1 workshops1 and  
full-scale emergency simulations2  7ii7 
emergency communications2  7iii7        
training for educators1 early childcare 
and education staff1 administrators1 and
 support personnel1 including-- 7,i7    
training addressing implicit biases on  
the basis of race1 national origin1     
socioeconomic status1 religion1         
disability1 and sex 7including sexual   
orientation and gender identity72 and   
7,,ii7 other training to ensure the     
nondiscriminatory application of        

protocols and treatment of students2    
7iv7 the use of technology2 and  7v7    
other issues determined appropriate by  
the ,council2  7,b7 for the use of      
,federal funds by ,states1 early        
childcare and education programs1 local 
educational agencies1 and institutions  
of higher education to develop and      
implement emergency response protocols1 
including gun violence response and     
prevention protocols1 natural disaster  
preparedness procedures1 fire drills1   
and other emergency preparation drills  
or lockdown procedures1 that are        
inclusive and accessible2 and  7,c7 for 
,states to create and develop           
recommendations for oversight for public
 elementary schools and secondary       
schools1 early childcare and education  
settings1 and institutions of higher    
education to ensure any emergency       
response protocols-- 7i7 are inclusive  
and accessible2  7ii7 protect student   
privacy2 and  7iii7 avoid exacerbating  
risk for children and youth with        

disabilities1 young children1 employees1
 and other specific populations4  7d7   
,report ,by not later than #ah months   
after the date of enactment of this     
,act1 the ,council shall prepare and    
submit to ,congress a detailed report   
that contains-- 7#a7 findings from      
stakeholders related to the challenges  
faced by children and youth with        
disabilities1 young children1 and other 
specific populations with regard to     
emergency response protocols1 including 
gun violence response and prevention    
protocols1 natural disaster preparedness
 procedures1 fire drills1 and other     
emergency preparation drills or lockdown
 procedures2 and  7#b7 the              
recommendations and guidelines described
 in subsection 7c74  #f4 ,powers of     
,council  7a7 ,hearings ,the ,council   
may hold such hearings1 sit and act at  
such times and places1 take such        
testimony1 and receive such evidence as 
the ,council considers advisable to     
carry out this ,act4  7b7 ,information  

from ,federal agencies  7#a7 ,in general
 ,the ,council may secure directly from 
a ,federal department or agency such    
information as the ,council considers   
necessary to carry out this ,act4  7#b7 
,furnishing information ,on request of  
the chairperson of the ,council1 the    
head of the department or agency shall  
furnish the information to the ,council4
  7c7 ,postal services ,the ,council may
 use the ,united ,states mails in the   
same manner and under the same          
conditions as other departments and     
agencies of the ,federal ,government4   
#g4 ,council personnel matters  7a7     
,compensation of members ,only members  
of the ,council representing categories 
described in subparagraphs 7,g7 through 
7,k7 of section #d7;b77#b7 shall be     
compensated for their work for the      
,council4 ,such members may receive     
compensation at a rate equal to the     
daily equivalent of the annual rate of  
basic pay prescribed for level ,,iv of  
the ,executive ,schedule under section  

#ecae of title #e1 ,united ,states      
,code1 for each day 7including travel   
time7 during which the members are      
engaged in the performance of the duties
 of the ,council4  7b7 ,travel expenses 
,a member of the ,council shall be      
allowed travel expenses1 including per  
diem in lieu of subsistence1 at rates   
authorized for employees of agencies    
under subchapter ,i of chapter #eg of   
title #e1 ,united ,states ,code1 while  
away from their homes or regular places 
of business in the performance of       
services for the ,council4  7c7 ,staff  
7#a7 ,in general ,the chairperson of the
 ,council may1 without regard to the    
civil service laws 7including           
regulations71 appoint and terminate an  
executive director and such other       
additional personnel as may be necessary
 to enable the ,council to perform its  
duties1 except that the employment of an
 executive director shall be subject to 
confirmation by the ,council4  7#b7     
,compensation ,the chairperson of the   

,council may fix the compensation of the
 executive director and other personnel 
without regard to chapter #ea and       
subchapter ,,iii of chapter #ec of title
 #e1 ,united ,states ,code1 relating to 
classification of positions and ,general
 ,schedule pay rates1 except that the   
rate of pay for the executive director  
and other personnel may not exceed the  
rate payable for level ,v of the        
,executive ,schedule under section #ecaf
 of that title4  7d7 ,detail of         
government employees ,a ,federal        
,government employee may be detailed to 
the ,council without reimbursement1 and 
such detail shall be without            
interruption or loss of civil service   
status or privilege4  7e7 ,procurement  
of temporary and intermittent services  
,the chairperson of the ,council may    
procure temporary and intermittent      
services under section #caji7;b7 of     
title #e1 ,united ,states ,code1 at     
rates for individuals that do not exceed
 the daily equivalent of the annual rate

 of basic pay prescribed for level ,v of
 the ,executive ,schedule under section 
#ecaf of that title4  #h4 ,termination  
of ,council ,the ,council shall         
terminate #fj days after the date on    
which the ,council submits the report   
required under section #e7;d74  #i4     
,authorization of appropriations  7a7   
,in general ,there is authorized to be  
appropriated to the ,council to carry   
out this ,act a total of #ejj1jjj for   
fiscal years #bjba and #bjbb4  7b7      
,availability ,any sums appropriated    
under subsection 7a7 shall remain       
available1 without fiscal year          
limitation1 until expended4