,,ii  #aagth ,,congress  #b;d ,session  
,s4 #ejac  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #bi1
 #bjbb,ms4 ,hassan introduced the       
following bill2 which was read twice and
 referred to the ,committee on ,health1 
,education1 ,labor1 and ,pensions  ,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 in which a student 7including a
 child1 youth1 or an adult7 who may be  
eligible for education or related       
services under1 or is otherwise         
protected by1 the laws described in     
subsection 7b7 receives such education  
or 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    
#aejdc74  7b7 ,program established ,the 
,secretary shall make grants to         
protection and advocacy systems for the 
purpose of protecting the rights and    
advocating for the educational needs of 

children1 youth1 and adults who are 7or 
may be7 protected by or eligible for    
education or related 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 #gid71 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
 shall use a grant under this section to
 carry out one or more of the following3
 7#a7 ,monitoring and identifying       
conditions and practices that violate   
the laws described in subsection 7b7    
with respect to the rights of students  
with disabilities4  7#b7 ,advocating for
 safe and humane conditions and the     
elimination of aversive and other       
dangerous practices at educational      
settings1 including seclusion and       
restraint4  7#c7 ,collaborating with    
parent training and information centers1
 as described in section #fga of the    

,individuals with ,disabilities         
,education ,act 7#bj ,u4,s4,c4 #adga71  
to ensure that needed advocacy and      
information is provided for families and
 individuals protected by or eligible   
for education-related services1         
protection1 and rights under the laws   
described in subsection 7b74  7#d7      
,advocating for redress of violations of
 the law and providing advocacy in      
dispute resolution proceedings4  7#e7   
,advocating for systemic change in      
educational settings to address         
violations of the laws described in     
subsection 7b74  7#f7 ,pursuing         
administrative1 legal1 and other        
appropriate remedies to ensure that     
children1 youth1 and adults with        
disabilities in educational settings are
 eligible for and receiving the         
education1 related services1            
protections1 and rights to which they   
are entitled under the laws described in
 subsection 7b74  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 in educational settings who are  
protected by or are 7or may be7 eligible
 for education or related services under
 the laws described in subsection 7b72  
and  7#c7 have the same authorities as  
set forth in section #adc of the        
,developmental ,disabilities ,assistance
 and ,bill of ,rights ,act of #bjjj 7#db
 ,u4,s4,c4 #aejdc7 and any regulations  
issued under such section1 including the
 authority to access individuals1       

records1 and educational settings4  7e7 
,application ,a protection and advocacy 
system shall submit an application to   
the ,secretary at such time1 in such    
form and manner1 and accompanied by such
 information as the ,secretary may      
require1 and shall include a description
 of how the system will use grant funds 
to address the needs of children1 youth1
 and adults with disabilities in        
educational settings4  7f7              
,appropriations less than #f1gej1jjj    
7#a7 ,in general ,with respect to any   
fiscal year for which the amount        
appropriated pursuant to subsection 7o7 
to carry out this section is less than  
#f1gej1jjj1 the ,secretary shall reserve
 funds in accordance with subsection    
7n77#a7 and make grants from such       
remaining amounts 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    
#f1gej1jjj or more  7#a7 ,in general    
,with respect to any fiscal year in     
which the amount appropriated pursuant  
to subsection 7o7 to carry out this     
section is not less than #f1gej1jjj1 the
 ,secretary shall reserve funds in      
accordance with subsection 7n77#b7 and  
make grants from such remaining amounts 
not later than ,january #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 7o7 and not reserved 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 or the ,united ,states ,virgin   
,islands1 and for the system serving the
 ,american ,indian ,consortium4  7#d7   
,adjustment ,for each fiscal year in    
which the total amount appropriated     
under subsection 7o7 to carry out this  
section is #aj1jjj1jjj or more1 and such
 appropriated amount exceeds the total  

amount appropriated to carry out this   
section for 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 7o7 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 ,no    
matching funds required ,the ,federal   
share of a grant under this section     
shall be #ajj percent and a grant       
recipient shall not be required to      
provide matching funds4  7j7 ,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 education and related services under
 the laws described in subsection 7b74  
7k7 ,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 
7l7 ,supplement1 not supplant ,a        
protection and advocacy system receiving
 funds under this section shall use such
 funds to supplement1 and not supplant1 
funds used to protect the rights and    
advocate for the educational needs of   

children1 youth1 and adults who are 7or 
may be7 protected under or eligible for 
services under the laws described in    
subsection 7b74  7m7 ,carryover and     
program income ,any amounts paid to a   
protection and advocacy system for a    
fiscal year under this section that     
remain 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 amounts shall be    
considered additive and shall remain    
available for #e additional fiscal years
 after the year in which such amount was
 paid to the protection and advocacy    
system4  7n7 ,technical assistance  7#a7
 ,appropriations of less than #f1gej1jjj
 ,for any fiscal year for 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 or a   
contract or cooperative agreement with 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 for     
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 or      
contract or cooperative agreement with a
 national organization with experience  
in providing training and technical     
assistance to protection and advocacy   
systems to provide such training and    
technical assistance4  7o7              
,authorization of appropriations ,there 
are authorized to be appropriated such  
sums as may be necessary to carry out   
this section for each of fiscal years   
#bjbc through #bjcb4