PREP for All Students Act of 2020

II 116TH CONGRESS 2D SESSION S. 4956 To create a Council on Emergency Response Protocols to ensure the establish- ment of accessible, developmentally appropriate, culturally aware, and trauma-informed emergency response protocols in public schools, early childcare and education settings, and institutions of higher education, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 3, 2020 Mr. CASEY (for himself, Ms. DUCKWORTH, and Mr. VAN HOLLEN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To create a Council on Emergency Response Protocols to ensure the establishment of accessible, developmentally appropriate, culturally aware, and trauma-informed emergency response protocols in public schools, early childcare and education settings, and institutions of high- er education, 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 VerDate Sep 11 2014 04:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4956.IS S4956 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 4956 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Promoting Responsible 2 Emergency Protocols for All Students Act’’ or the ‘‘PREP 3 for All Students Act of 2020’’. 4 SEC. 2. FINDINGS. 5 Congress finds the following: 6 (1) The lack of accessible, developmentally ap- 7 propriate, culturally aware, and trauma-informed 8 emergency response protocols for children and youth 9 in public schools, early childcare and education set- 10 tings, and institutions of higher education is not a 11 trivial issue: 12 (A) In 2016, there were 12,032,000 chil- 13 dren from ages 3 to 5 enrolled in preprimary 14 education programs, and almost one-quarter of 15 children under the age of 5 are in some form 16 of child care arrangement, including nurseries, 17 child care centers, and preschools. 18 (B) In the 2017–2018 school year— 19 (i) 14 percent of students in grades 20 kindergarten through grade 12 had a dis- 21 ability; and 22 (ii) 11 percent of students in 23 postbaccalaureate programs self-identified 24 as having a disability. 25 VerDate Sep 11 2014 04:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4956.IS S4956 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 4956 IS (2) As of the date of enactment of this Act, lit- 1 tle has been done to integrate specific populations, 2 such as children and youth at various developmental 3 stages or children and youth with disabilities, into 4 emergency preparedness planning. 5 (3) In 2018 alone, there were 108 natural dis- 6 asters in the United States, including severe thun- 7 derstorms, floods, wildfires, droughts, earthquakes, 8 and other extreme weather. 9 (4) During the 16 academic years from 2000 10 through 2015, there were 85 fatal fires in dor- 11 mitories, fraternities, sororities, and off-campus 12 housing, resulting in 118 fatalities—an average of 13 approximately 7 per school year. 14 (5) The risks associated with natural and man- 15 made disasters have a disproportionate impact on in- 16 dividuals with disabilities. People with disabilities 17 are 2 to 4 times more likely to die or sustain critical 18 injuries during a disaster than people without dis- 19 abilities. 20 (6) Technology plays an increasingly vital role 21 in emergency communications but remains largely 22 inaccessible for many individuals with disabilities. 23 (7) The rise of gun violence and gun violence- 24 related deaths has contributed to the expansion of 25 VerDate Sep 11 2014 04:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4956.IS S4956 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 4956 IS school security technologies and devices. While such 1 technologies and devices have the potential to save 2 lives, they have largely been developed without con- 3 sideration of the needs of students at various devel- 4 opmental stages or students with disabilities. Thus, 5 there may be inherent biases within these tech- 6 nologies and devices that disadvantage or create bias 7 toward specific populations. 8 (8) As of the date of enactment of this Act, 92 9 percent of schools nationwide have an active shooter 10 lockdown protocol. More than 1,000,000 elementary- 11 age children experienced a lockdown in the 2017– 12 2018 school year, and among that group, at least 13 220,000 were in kindergarten or prekindergarten. 14 (9) While the Department of Homeland Secu- 15 rity active shooter emergency guidelines recommend 16 that students and personnel in school and early 17 childcare and education settings ‘‘Run, Hide, and 18 Fight’’, these strategies can exacerbate danger for 19 young children in prekindergarten and child care 20 centers, and can exclude and put at risk students 21 with a wide range of disabilities. 22 (10) At the height of the 2019 novel 23 coronavirus (COVID–19) pandemic, emergency clo- 24 sures of early education centers, elementary schools, 25 VerDate Sep 11 2014 04:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4956.IS S4956 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 4956 IS secondary schools, and institutions of higher edu- 1 cation created great disruptions in learning and cast 2 a light on educational institutions’ lack of prepared- 3 ness protocols for public health emergencies. 4 (11) During the pandemic, early care and edu- 5 cation remains indispensable for the development of 6 children and for millions of health care workers, first 7 responders, educators, and essential personnel, and 8 it is imperative that early care and education centers 9 and schools have emergency preparedness plans to 10 ensure the safety of students and educators. 11 (12) Emergency preparation drills and real-life 12 lockdowns where danger may be external can create 13 undue stress, fear, and trauma in children, youth, 14 employees, and other specific populations in schools, 15 early childcare and education settings, and institu- 16 tions of higher education. 17 (13) Traumatic events have a long-lasting and 18 profound sensory impact on young children, as birth 19 to age 5 is a critical developmental age. Frightening 20 visual stimuli, loud noises, violent movements, and 21 other sensations associated with an unpredictable 22 frightening event, such as in an emergency prepara- 23 tion drill or lockdown, can cause substantial stress. 24 Unlike older children, young children cannot express 25 VerDate Sep 11 2014 04:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4956.IS S4956 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 4956 IS in words whether they feel afraid, overwhelmed, or 1 helpless, and may have difficulty regulating their be- 2 havior and emotions after experiencing trauma. 3 (14) There is an increasing need to ensure the 4 establishment of accessible, developmentally appro- 5 priate, culturally aware, and trauma-informed emer- 6 gency response protocols, including gun violence re- 7 sponse and prevention protocols, natural disaster 8 preparedness procedures, fire drills, and other emer- 9 gency preparation drills or lockdown procedures, in 10 public schools, early childcare and education set- 11 tings, and institutions of higher education. 12 SEC. 3. DEFINITIONS. 13 In this Act: 14 (1) ESEA DEFINITIONS.—The terms ‘‘elemen- 15 tary school’’, ‘‘local educational agency’’, ‘‘para- 16 professional’’, ‘‘school leader’’, ‘‘secondary school’’, 17 and ‘‘specialized instructional support personnel’’ 18 have the meanings given the terms in section 8101 19 of the Elementary and Secondary Education Act of 20 1965 (20 U.S.C. 7801). 21 (2) ACCESSIBLE.—The term ‘‘accessible’’, when 22 used with respect to an emergency response protocol, 23 means a protocol that— 24 VerDate Sep 11 2014 04:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4956.IS S4956 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 4956 IS (A) is developed in full compliance with 1 title II of the Americans with Disabilities Act of 2 1990 (42 U.S.C. 12131 et seq.) and the Reha- 3 bilitation Act of 1973 (29 U.S.C. 701 et seq.); 4 and 5 (B) accounts for a comprehensive range of 6 disabilities, including children and youth who 7 use non-speech modes of communication. 8 (3) COUNCIL.—The term ‘‘Council’’ means the 9 Council on Emergency Response Protocols estab- 10 lished under section 4. 11 (4) CULTURALLY AWARE.—The term ‘‘cul- 12 turally aware’’, when used with respect to an emer- 13 gency response protocol, means a protocol that— 14 (A)(i) incorporates the roles of first re- 15 sponder personnel, law enforcement personnel, 16 school resource officers, and other authorities in 17 the communities where the students live and at- 18 tend school; 19 (ii) takes into account the use and preva- 20 lence of firearms in such communities; and 21 (iii) is cognizant of the ways in which Afri- 22 can-American students and students of other 23 racial or ethnic minority groups are more likely 24 to face disciplinary action in schools; 25 VerDate Sep 11 2014 04:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4956.IS S4956 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 4956 IS (B) is designed to be sensitive to and re- 1 spect cultural differences and differences in cus- 2 toms and worldview; and 3 (C) considers the ways in which certain 4 emergency events have disparate impact on Af- 5 rican Americans, Native peoples, and other ra- 6 cial and ethnic minorities. 7 (5) DEVELOPMENTALLY APPROPRIATE.—The 8 term ‘‘developmentally appropriate’’, when used with 9 respect to an emergency response protocol, means a 10 protocol that is appropriate for children’s ages and 11 physical, social, sensory, and emotional develop- 12 mental statuses. 13 (6) DISABILITY.—The term ‘‘disability’’ has the 14 meaning given the term in section 3 of the Ameri- 15 cans with Disabilities Act of 1990 (42 U.S.C. 16 12102). 17 (7) INSTITUTION OF HIGHER EDUCATION.—The 18 term ‘‘institution of higher education’’ has the 19 meaning given the term in section 102 of the Higher 20 Education Act of 1965 (20 U.S.C. 1002). 21 (8) TRAUMA-INFORMED.—The term ‘‘trauma- 22 informed’’, when used with respect to an emergency 23 response protocol, means a protocol that— 24 VerDate Sep 11 2014 04:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4956.IS S4956 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 4956 IS (A) recognizes the prevalence of trauma 1 and the role that trauma plays in the lives of 2 children, youth, and survivors of trauma; 3 (B) considers the physical, psychological, 4 and emotional well-being of individuals during 5 and after an emergency event; and 6 (C) takes an approach that actively com- 7 bats the traumatization or retraumatization of 8 children, youth, and survivors of trauma. 9 SEC. 4. ESTABLISHMENT OF COUNCIL ON EMERGENCY RE- 10 SPONSE PROTOCOLS. 11 (a) ESTABLISHMENT.—There is established a Council 12 on Emergency Response Protocols. 13 (b) COMPOSITION.— 14 (1) CHAIRPERSON.—The Secretary of Edu- 15 cation, in an expeditious manner, shall appoint an 16 individual who represents one of the categories de- 17 scribed in paragraph (2) to serve as a member and 18 chairperson of the Council. 19 (2) APPOINTED MEMBERS.—By not later than 20 90 days after the date of enactment of this Act, the 21 chairperson of the Council shall appoint a member 22 to the Council for each of the following categories 23 (except for the category represented by the chair- 24 person): 25 VerDate Sep 11 2014 04:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4956.IS S4956 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 4956 IS (A) An executive director or a representa- 1 tive from a national organization representing 2 individuals with disabilities. 3 (B) An executive director or a representa- 4 tive from a national organization representing 5 early childcare educators. 6 (C) The executive director or a representa- 7 tive from a national organization representing 8 law enforcement officials. 9 (D) The executive director or a representa- 10 tive from an organization focused on emergency 11 preparedness training in early childcare. 12 (E) A member of an organization rep- 13 resenting teachers, school leaders, specialized 14 instructional support personnel, and paraprofes- 15 sionals. 16 (F) A member of an organization rep- 17 resenting school-based child welfare and mental 18 health professionals. 19 (G) An individual with a physical, sensory, 20 intellectual, or developmental disability who has 21 demonstrated disability advocacy experience in 22 kindergarten through grade 12 education. 23 (H) An individual with a mental health 24 disability who has been enrolled in an institu- 25 VerDate Sep 11 2014 04:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4956.IS S4956 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 4956 IS tion of higher education for at least a year dur- 1 ing the 5 years prior to the date of the individ- 2 ual’s appointment to the Council. 3 (I) An individual with a physical, sensory, 4 intellectual, or developmental disability who has 5 been enrolled in an institution of higher edu- 6 cation for a year prior to the date of the indi- 7 vidual’s appointment to the Council. 8 (J) A parent or guardian of a child in an 9 early childcare and education program. 10 (K) A parent or guardian of a child with 11 a physical, sensory, intellectual, or develop- 12 mental disability in— 13 (i) an early childcare and education 14 program; or 15 (ii) a public elementary school or sec- 16 ondary school. 17 (3) FEDERAL MEMBERS.— 18 (A) DEPARTMENT OF EDUCATION MEM- 19 BERS.—The following officers of the Depart- 20 ment of Education shall serve as members of 21 the Council: 22 (i) The Assistant Secretary of the Of- 23 fice of Planning, Evaluation, and Policy 24 Development. 25 VerDate Sep 11 2014 04:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4956.IS S4956 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 4956 IS (ii) The Assistant Secretary of the Of- 1 fice of Special Education and Rehabilita- 2 tive Services. 3 (iii) The Assistant Secretary for Civil 4 Rights. 5 (iv) The Director for the Office of 6 Early Learning. 7 (v) The Director of the Office of Spe- 8 cial Education Programs. 9 (B) HEALTH AND HUMAN SERVICES MEM- 10 BERS.—The following officers of the Adminis- 11 tration for Children and Families of the De- 12 partment of Health and Human Services shall 13 serve as members of the Council: 14 (i) The Director of the Office of Child 15 Care. 16 (ii) The Director of the Office of 17 Head Start. 18 (C) FEMA MEMBER.—The Admi [Text truncated for display. 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