Protecting our Students in Schools Act of 2020

II 116TH CONGRESS 2D SESSION S. 4936 To prohibit the use of corporal punishment in schools, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 1, 2020 Mr. MURPHY introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 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 Sec. 101. Prohibition of corporal punishment. Sec. 102. Civil actions by the Attorney General. Sec. 103. Enforcement by the Office for Civil Rights. VerDate Sep 11 2014 00:33 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S4936.IS S4936 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4936 IS 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 (4) ensure all program personnel have the sup- 18 ports and training necessary to implement positive 19 VerDate Sep 11 2014 00:33 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4936.IS S4936 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4936 IS behavioral interventions and supports and other 1 models to address student behavior and improve 2 school climate and culture; and 3 (5) collect and analyze data on exclusionary and 4 aversive discipline practices or interventions in 5 schools. 6 SEC. 3. DEFINITIONS. 7 In this Act: 8 (1) CORPORAL PUNISHMENT.—The term ‘‘cor- 9 poral punishment’’ means, with respect to a student, 10 a deliberate act which causes the student to feel 11 physical pain for the purpose of discipline, including 12 an act of physical force, such as striking, spanking, 13 or paddling, inflicted on a student’s body, requiring 14 a student to assume a painful physical position, or 15 the use of chemical sprays, electroshock weapon, or 16 stun guns on a student’s body. 17 (2) ESEA TERMS.—The terms ‘‘elementary 18 school’’, ‘‘evidence-based’’, ‘‘local educational agen- 19 cy’’, ‘‘outlying area’’, ‘‘parent’’, ‘‘secondary school’’, 20 ‘‘Secretary’’, ‘‘State’’, and ‘‘State educational agen- 21 cy’’ have the meanings given the terms in section 22 8101 of the Elementary and Secondary Education 23 Act of 1965 (20 U.S.C. 7801). 24 VerDate Sep 11 2014 00:33 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4936.IS S4936 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4936 IS (3) MODEL.—The term ‘‘model’’ means an ac- 1 tivity, strategy, framework, or intervention that is 2 evidence-based, to the extent practicable. 3 (4) POSITIVE BEHAVIORAL INTERVENTIONS 4 AND SUPPORTS.—The term ‘‘positive behavioral 5 interventions and supports’’— 6 (A) means a schoolwide, systematic ap- 7 proach that embeds evidence-based practices 8 and data-driven decisionmaking to improve 9 school climate and culture in order to achieve 10 improved academic and social outcomes and in- 11 crease learning for all students (including stu- 12 dents with the most complex and intensive be- 13 havioral needs); and 14 (B) encompasses a range of systemic and 15 individualized positive strategies to teach and 16 reinforce school-expected behaviors, while dis- 17 couraging and diminishing undesirable behav- 18 iors. 19 (5) PROGRAM.—The term ‘‘program’’ means— 20 (A) all of the operations of a local edu- 21 cational agency, system of vocational education, 22 or other school system; and 23 (B) an elementary school or secondary 24 school that is not a public school that enrolls a 25 VerDate Sep 11 2014 00:33 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4936.IS S4936 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4936 IS student who receives special education and re- 1 lated services under the Individuals with Dis- 2 abilities Education Act (20 U.S.C. 1400 et 3 seq.). 4 (6) PROGRAM PERSONNEL.— 5 (A) IN GENERAL.—The term ‘‘program 6 personnel’’ means any agent of a program, in- 7 cluding an individual who is employed by a pro- 8 gram, or who performs services for a program 9 on a contractual basis, including— 10 (i) school leaders; 11 (ii) teachers; 12 (iii) specialized instructional support 13 personnel; 14 (iv) paraprofessionals; or 15 (v) other staff. 16 (B) EXCLUSION.—The term ‘‘program per- 17 sonnel’’ shall not include a school resource offi- 18 cer or a school security guard. 19 (7) PROTECTION AND ADVOCACY SYSTEM.—The 20 term ‘‘protection and advocacy system’’ means a 21 protection and advocacy system established under 22 section 143 of the Developmental Disabilities Assist- 23 ance and Bill of Rights Act of 2000 (42 U.S.C. 24 15043). 25 VerDate Sep 11 2014 00:33 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4936.IS S4936 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4936 IS (8) 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 (9) 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 00:33 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4936.IS S4936 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4936 IS (10) 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, a school re- 7 source officer, or a school security guard, while attending 8 any program that receives Federal financial assistance. 9 (b) PRIVATE RIGHT OF ACTION.—A student who has 10 been subjected to corporal punishment by program per- 11 sonnel, a school resource officer, or a school security 12 guard, in violation of subsection (a), or the parent of such 13 student, may file a civil action in any Federal or State 14 court of competent jurisdiction against the program under 15 which the violation is alleged to have occurred for attor- 16 neys’ fees, expert fees, injunctive relief, and compensatory 17 damages. 18 (c) NONAPPLICABILITY.—Section 615(l) of the Indi- 19 viduals with Disabilities Education Act (20 U.S.C. 20 1415(l)) shall not apply to an action filed pursuant to sub- 21 section (b), regardless of whether or not the student is 22 seeking relief that is also available under the Individuals 23 with Disabilities Education Act (20 U.S.C. 1400 et seq.). 24 VerDate Sep 11 2014 00:33 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4936.IS S4936 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4936 IS SEC. 102. CIVIL ACTIONS BY THE ATTORNEY GENERAL. 1 Whenever the Attorney General receives a complaint 2 in writing signed by a parent (including a legal guardian) 3 or a group of parents (including legal guardians) to the 4 effect that the minor children of such a parent or parents 5 are being deprived by a program of the right to not be 6 subject to corporal punishment by program personnel, a 7 school resource officer, or a school security guard, and the 8 Attorney General believes the complaint is meritorious, the 9 Attorney General is authorized, after giving notice of such 10 complaint to the appropriate program and after certifying 11 that the Attorney General is satisfied that such program 12 has had a reasonable time to adjust the conditions alleged 13 in such complaint, to institute for or in the name of the 14 United States a civil action in any appropriate district 15 court of the United States against such parties and for 16 such relief as may be appropriate, and such court shall 17 have and shall exercise jurisdiction of proceedings insti- 18 tuted pursuant to this section. The Attorney General may 19 implead as defendants such additional parties as are or 20 become necessary to the grant of effective relief hereunder. 21 SEC. 103. ENFORCEMENT BY THE OFFICE FOR CIVIL 22 RIGHTS. 23 (a) REFERRAL TO OFFICE FOR CIVIL RIGHTS.—The 24 Secretary shall refer any complaint alleging a violation of 25 VerDate Sep 11 2014 00:33 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4936.IS S4936 kjohnson on DSK79L0C42PROD with BILLS 9 •S 4936 IS section 101(a) to the Office for Civil Rights of the Depart- 1 ment of Education for an investigation. 2 (b) PROCESS FOR REFERRAL.—Not later than 90 3 days after the date of enactment of this Act, the Secretary 4 shall develop and implement a procedure for receiving a 5 complaint alleging a violation of section 101(a). 6 (c) FAILURE TO COMPLY.—In the event that a pro- 7 gram has failed to comply with section 101(a), the Sec- 8 retary shall carry out at least one of the following: 9 (1) Withhold from such program, in whole or in 10 part, further payments (including payments for ad- 11 ministrative costs) under an applicable program (as 12 such term is defined in section 400(c) of the General 13 Education Provisions Act (20 U.S.C. 1221(c))) in 14 accordance with section 455 of such Act (20 U.S.C. 15 1234d). 16 (2) Enter into a compliance agreement in ac- 17 cordance with section 457 of the General Education 18 Provisions Act (20 U.S.C. 1234f). 19 (3) Issue a complaint to compel compliance of 20 such program through a cease and desist order, in 21 the same manner the Secretary is authorized to take 22 such action under section 456 of the General Edu- 23 cation Provisions Act (20 U.S.C. 1234e). 24 VerDate Sep 11 2014 00:33 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4936.IS S4936 kjohnson on DSK79L0C42PROD with BILLS 10 •S 4936 IS (d) CESSATION OF WITHHOLDING OF FUNDS.—If 1 the Secretary determines (whether by certification or other 2 appropriate evidence) that a program that is subject to 3 the withholding of payments under subsection (c)(1) has 4 cured the failure providing the basis for the withholding 5 of payments on a date that is within one year from the 6 date on which such payments were first withheld, the Sec- 7 retary shall— 8 (1) cease the withholding of payments with re- 9 spect to that program under such subsection; and 10 (2) reimburse all the withheld payments under 11 such subsection to such program. 12 (e) WITHHELD FUNDS.—The funds appropriated or 13 made available for the payments that were withheld under 14 subsection (c)(1) shall be available for expenditure to that 15 program for not longer than one year from the date upon 16 which the determination in subsection (d) was made. 17 (f) RULE OF CONSTRUCTION.—Nothing in this sec- 18 tion shall be construed to limit the Secretary’s authority 19 under the General Education Provisions Act (20 U.S.C. 20 1221 et seq.). 21 SEC. 104. PARENT NOTIFICATION AND PROTECTION AND 22 ADVOCACY SYSTEMS. 23 (a) NOTIFICATION.—If a student is subject to cor- 24 poral punishment committed by program personnel, a 25 VerDate Sep 11 2014 00:33 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4936.IS S4936 kjohnson on DSK79L0C42PROD with BILLS 11 •S 4936 IS school resource officer, or a school security guard, at a 1 program that receives Federal financial assistance, the 2 program serving such student shall notify, in writing, not 3 later than 24 hours after such use of force occurs, the 4 facts of such use of force to— 5 (1) the parent or parents of such student; 6 (2) the State educational agency; and 7 (3) the local law enforcement agency. 8 (b) NOTIFICATION FOR STUDENTS WITH DISABIL- 9 ITIES.—In the case of a student described in subsection 10 (a) who is an individual with a disability (as defined in 11 section 3 of the Americans with Disabilities Act of 1990 12 (42 U.S.C. 12102)) the program serving such student 13 shall— 14 (1) in addition to the notification described in 15 such subsection, notify, in writing, not later than 24 16 hours after the use of force described in such sub- 17 section occurs, the facts of such use of force to the 18 relevant protection and advocacy system; and 19 (2) provide any information to the relevant pro- 20 tection and advocacy system that the protection and 21 advocacy system may require. 22 (c) RESTATEMENT OF AUTHORITY.—Protection and 23 advocacy systems shall have the same authorities and 24 rights provided under subtitle C of title I of the Develop- 25 VerDate Sep 11 2014 00:33 Dec 04, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4936.IS S4936 kjohnson on DSK79L0C42PROD with BILLS 12 •S 4936 IS mental Disabilities Assistance and Bill of Rights Act of 1 2000 (42 U.S.C. 15041 et seq.) with respect to protections 2 provided for students under this Act when such [Text truncated for display. 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