Protecting our Students in Schools Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 8460 To prohibit the use of corporal punishment in schools, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 30, 2020 Mr. MCEACHIN (for himself and Ms. BONAMICI) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on Armed Services, for a period to be subse- quently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit the use of corporal punishment in schools, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Protecting our Students in Schools Act of 2020’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act are as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. TITLE I—PROHIBITION OF CORPORAL PUNISHMENT VerDate Sep 11 2014 23:34 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H8460.IH H8460 SSpencer on DSK126QN23PROD with BILLS 2 •HR 8460 IH Sec. 101. Prohibition of corporal punishment. Sec. 102. Civil actions by the Attorney General. Sec. 103. Enforcement by the Office for Civil Rights. Sec. 104. Parent notification and protection and advocacy systems. TITLE II—STATE ACTIVITIES AND GRANT PROGRAM Sec. 201. State plan and enforcement. Sec. 202. Grant authority. TITLE III—ADDITIONAL PROVISIONS Sec. 301. Federal regulations. Sec. 302. Other schools. Sec. 303. Limitation of authority. Sec. 304. Applicability. Sec. 305. Severability. Sec. 306. Authorization of appropriations. SEC. 2. PURPOSES. 1 The purposes of this Act are to— 2 (1) eliminate the use of corporal punishment in 3 schools; 4 (2) ensure, regardless of sexual orientation, 5 gender identity or expression, sex, race, color, na- 6 tional origin, disability, or religion, the health and 7 safety of all students and program personnel in 8 schools and promote a positive school climate and 9 culture; 10 (3) assist States, local educational agencies, 11 and schools in improving school climate and culture 12 by implementing positive behavioral interventions 13 and supports and other models to address student 14 behavior and work to eliminate the use of exclu- 15 sionary and aversive discipline practices or interven- 16 tions; 17 VerDate Sep 11 2014 23:34 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8460.IH H8460 SSpencer on DSK126QN23PROD with BILLS 3 •HR 8460 IH (4) ensure all program personnel have the sup- 1 ports and training necessary to implement positive 2 behavioral interventions and supports and other 3 models to address student behavior and improve 4 school climate and culture; and 5 (5) collect and analyze data on exclusionary and 6 aversive discipline practices or interventions in 7 schools. 8 SEC. 3. DEFINITIONS. 9 In this Act: 10 (1) CORPORAL PUNISHMENT.—The term ‘‘cor- 11 poral punishment’’ means, with respect to a student, 12 a deliberate act which causes the student to feel 13 physical pain for the purpose of discipline, including 14 an act of physical force, such as striking, spanking, 15 or paddling, inflicted on a student’s body, requiring 16 a student to assume a painful physical position, or 17 the use of chemical sprays, electroshock weapon, or 18 stun guns on a student’s body. 19 (2) ESEA TERMS.—The terms ‘‘elementary 20 school’’, ‘‘evidence-based’’, ‘‘local educational agen- 21 cy’’, ‘‘outlying area’’, ‘‘parent’’, ‘‘secondary school’’, 22 ‘‘Secretary’’, ‘‘State’’, and ‘‘State educational agen- 23 cy’’ have the meanings given the terms in section 24 VerDate Sep 11 2014 23:34 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8460.IH H8460 SSpencer on DSK126QN23PROD with BILLS 4 •HR 8460 IH 8101 of the Elementary and Secondary Education 1 Act of 1965 (20 U.S.C. 7801). 2 (3) MODEL.—The term ‘‘model’’ means an ac- 3 tivity, strategy, framework, or intervention that is 4 evidence-based, to the extent practicable. 5 (4) PROGRAM.—The term ‘‘program’’ means all 6 the operations of a local educational agency, system 7 of vocational education, other school system, or pri- 8 vate school, any part of which receives Federal fi- 9 nancial assistance. 10 (5) PROGRAM PERSONNEL.—The term ‘‘pro- 11 gram personnel’’ means any agent of a program in- 12 cluding an individual who— 13 (A) is employed by a program; 14 (B) performs services for a program on a 15 contractual basis; 16 (C) is a school resource officer; or 17 (D) is a school security guard. 18 (6) PROTECTION AND ADVOCACY SYSTEM.—The 19 term ‘‘protection and advocacy system’’ means a 20 protection and advocacy system established under 21 section 143 of the Developmental Disabilities Assist- 22 ance and Bill of Rights Act of 2000 (42 U.S.C. 23 15043). 24 VerDate Sep 11 2014 23:34 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8460.IH H8460 SSpencer on DSK126QN23PROD with BILLS 5 •HR 8460 IH (7) SCHOOL RESOURCE OFFICER.—The term 1 ‘‘school resource officer’’ means a sworn law enforce- 2 ment officer who— 3 (A) is assigned by the employing police de- 4 partment to a program; 5 (B) is contracting with a program; or 6 (C) is employed by a program. 7 (8) SCHOOL SECURITY GUARD.—The term 8 ‘‘school security guard’’ means a contractor or an 9 employee of a program responsible for addressing 10 one or more of the following safety and crime pre- 11 vention activities with respect to a program: 12 (A) Assisting program personnel in safety 13 incidents. 14 (B) Educating students in crime and ille- 15 gal drug use prevention and safety. 16 (C) Developing or expanding community 17 justice initiatives for students. 18 (D) Training students in conflict resolution 19 and supporting restorative justice programs. 20 (E) Serving as a liaison between the pro- 21 gram and outside agencies, including other law 22 enforcement agencies. 23 (F) Screening students or visitors to the 24 program for prohibited items. 25 VerDate Sep 11 2014 23:34 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8460.IH H8460 SSpencer on DSK126QN23PROD with BILLS 6 •HR 8460 IH (9) STUDENT.—The term ‘‘student’’ means an 1 individual enrolled in a program. 2 TITLE I—PROHIBITION OF 3 CORPORAL PUNISHMENT 4 SEC. 101. PROHIBITION OF CORPORAL PUNISHMENT. 5 (a) PROHIBITION.—No student shall be subjected to 6 corporal punishment by program personnel of any pro- 7 gram which receives Federal financial assistance. 8 (b) PRIVATE RIGHT OF ACTION.—A student who has 9 been subjected to corporal punishment by program per- 10 sonnel in violation of subsection (a), or the parent of such 11 student, may file a civil action in any Federal or State 12 court of competent jurisdiction against the program under 13 which the violation is alleged to have occurred for attor- 14 neys’ fees, expert fees, injunctive relief, and compensatory 15 damages. 16 (c) NONAPPLICABILITY.—Section 615(l) of the Indi- 17 viduals with Disabilities Education Act (20 U.S.C. 18 1415(l)) shall not apply to an action filed pursuant to sub- 19 section (b), regardless of whether or not the student is 20 seeking relief that is also available under the Individuals 21 with Disabilities Education Act (20 U.S.C. 1400 et seq.). 22 SEC. 102. CIVIL ACTIONS BY THE ATTORNEY GENERAL. 23 Whenever the Attorney General receives a complaint 24 in writing signed by a parent (including a legal guardian) 25 VerDate Sep 11 2014 23:34 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8460.IH H8460 SSpencer on DSK126QN23PROD with BILLS 7 •HR 8460 IH or a group of parents (including legal guardians) to the 1 effect that the minor children of such a parent or parents 2 are being deprived by a program of the right to not be 3 subject to corporal punishment by program personnel and 4 the Attorney General believes the complaint is meritorious, 5 the Attorney General is authorized, after giving notice of 6 such complaint to the appropriate program and after certi- 7 fying that the Attorney General is satisfied that such pro- 8 gram has had a reasonable time to adjust the conditions 9 alleged in such complaint, to institute for or in the name 10 of the United States a civil action in any appropriate dis- 11 trict court of the United States against such parties and 12 for such relief as may be appropriate, and such court shall 13 have and shall exercise jurisdiction of proceedings insti- 14 tuted pursuant to this section. The Attorney General may 15 implead as defendants such additional parties as are or 16 become necessary to the grant of effective relief hereunder. 17 SEC. 103. ENFORCEMENT BY THE OFFICE FOR CIVIL 18 RIGHTS. 19 (a) REFERRAL TO OFFICE FOR CIVIL RIGHTS.—The 20 Secretary shall refer any complaint alleging a violation of 21 section 101(a) to the Office for Civil Rights of the Depart- 22 ment of Education for an investigation. 23 (b) PROCESS FOR REFERRAL.—Not later than 90 24 days after the date of the enactment of this Act, the Sec- 25 VerDate Sep 11 2014 23:34 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8460.IH H8460 SSpencer on DSK126QN23PROD with BILLS 8 •HR 8460 IH retary shall develop and implement a procedure for receiv- 1 ing a complaint alleging a violation of section 101(a). 2 (c) FAILURE TO COMPLY.—In the event that a pro- 3 gram has failed to comply with section 101(a), the Sec- 4 retary shall carry out at least one of the following: 5 (1) Withhold from such program, in whole or in 6 part, further payments (including payments for ad- 7 ministrative costs) under an applicable program (as 8 such term is defined in section 400(c) of the General 9 Education Provisions Act (20 U.S.C. 1221)) in ac- 10 cordance with section 455 of such Act (20 U.S.C. 11 1234d). 12 (2) Enter into a compliance agreement in ac- 13 cordance with section 457 of the General Education 14 Provisions Act (20 U.S.C. 1234f). 15 (3) Issue a complaint to compel compliance of 16 such program through a cease and desist order, in 17 the same manner the Secretary is authorized to take 18 such action under section 456 of the General Edu- 19 cation Provisions Act (20 U.S.C. 1234c). 20 (d) CESSATION OF WITHHOLDING OF FUNDS.—If 21 the Secretary determines (whether by certification or other 22 appropriate evidence) that a program that is subject to 23 the withholding of payments under subsection (c)(1) of 24 this section has cured the failure providing the basis for 25 VerDate Sep 11 2014 23:34 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8460.IH H8460 SSpencer on DSK126QN23PROD with BILLS 9 •HR 8460 IH the withholding of payments on a date that is within one 1 year from the date on which such payments were first 2 withheld, the Secretary shall— 3 (1) cease the withholding of payments with re- 4 spect to that program under such subsection; and 5 (2) reimburse all the withheld payments under 6 such subsection to such program. 7 (e) WITHHELD FUNDS.—The funds appropriated or 8 made available for the payments that were withheld under 9 subsection (c)(1) shall be available for expenditure to that 10 program pursuant to this subsection for up to one year 11 from the date upon which the determination in subsection 12 (d) was made. 13 (f) RULE OF CONSTRUCTION.—Nothing in this sec- 14 tion shall be construed to limit the Secretary’s authority 15 under the General Education Provisions Act (20 U.S.C. 16 1221 et seq.). 17 SEC. 104. PARENT NOTIFICATION AND PROTECTION AND 18 ADVOCACY SYSTEMS. 19 (a) NOTIFICATION.—If a student is subject to cor- 20 poral punishment committed by program personnel at a 21 program, the program serving such student shall notify, 22 in writing, not later than 24 hours after such use of force 23 occurs, the facts of such use of force to— 24 (1) the parent or parents of such student; 25 VerDate Sep 11 2014 23:34 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8460.IH H8460 SSpencer on DSK126QN23PROD with BILLS 10 •HR 8460 IH (2) the State educational agency; and 1 (3) the local law enforcement agency. 2 (b) NOTIFICATION FOR STUDENTS WITH DISABIL- 3 ITIES.—In the case of a student described in subsection 4 (a) who is an individual with a disability (as defined in 5 section 3 of the Americans with Disabilities Act of 1990 6 (42 U.S.C. 12102)) the program serving such student 7 shall— 8 (1) in addition to the notification described in 9 such subsection, notify, in writing, not later than 24 10 hours after the use of force described in such sub- 11 section occurs, the facts of such use of force to the 12 relevant protection and advocacy system; and 13 (2) provide any information to the relevant pro- 14 tection and advocacy system that the protection and 15 advocacy system may require. 16 (c) RESTATEMENT OF AUTHORITY.—Protection and 17 advocacy systems shall have the same authorities and 18 rights provided under subtitle C of title I of the Develop- 19 mental Disabilities Assistance and Bill of Rights Act of 20 2000 (42 U.S.C. 15041 et seq.) with respect to protections 21 provided for students under this Act when such students 22 are otherwise eligible to be clients of the protection and 23 advocacy system, including investigating, monitoring, and 24 enforcing such protections. 25 VerDate Sep 11 2014 23:34 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8460.IH H8460 SSpencer on DSK126QN23PROD with BILLS 11 •HR 8460 IH TITLE II—STATE ACTIVITIES 1 AND GRANT PROGRAM 2 SEC. 201. STATE PLAN AND ENFORCEMENT. 3 (a) STATE REQUIREMENTS.—Not later than 18 4 months after the date of enactment of this Act, and every 5 two years thereafter, each State educational agency which 6 receives Federal financial assistance shall provide to the 7 Secretary— 8 (1) a written assurance that— 9 (A) all programs located in such State 10 have been notified of the requirements of this 11 Act; 12 (B) all program personnel of such State 13 educational agency have received training with 14 respect to such requirements; 15 (C) parents of students served by such 16 State educational agency have been notified of 17 the requirements, rights, and remedies available 18 under this Act; and 19 (D) the notification required under sub- 20 paragraph (C) is publicly available on the 21 website of the State educational agency; and 22 (2) a school climate report that includes a de- 23 scription of— 24 VerDate Sep 11 2014 23:34 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8460.IH H8460 SSpencer on DSK126QN23PROD wit [Text truncated for display. Full text available on Congress.gov.]