PREP for All Students Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 8869 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 HOUSE OF REPRESENTATIVES DECEMBER 3, 2020 Ms. WILD (for herself and Mr. FITZPATRICK) introduced the following bill; which was referred to the Committee on Education and Labor 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Promoting Responsible 4 Emergency Protocols for All Students Act’’ or the ‘‘PREP 5 for All Students Act of 2020’’. 6 VerDate Sep 11 2014 20:22 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8869.IH H8869 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 8869 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) The lack of accessible, developmentally ap- 3 propriate, culturally aware, and trauma-informed 4 emergency response protocols for children and youth 5 in public schools, early childcare and education set- 6 tings, and institutions of higher education is not a 7 trivial issue: 8 (A) In 2016, there were 12,032,000 chil- 9 dren from ages 3 to 5 enrolled in preprimary 10 education programs, and almost one-quarter of 11 children under the age of 5 are in some form 12 of childcare arrangement, including nurseries, 13 childcare centers, and preschools. 14 (B) In the 2017–2018 school year— 15 (i) 14 percent of students in grades 16 kindergarten through grade 12 had a dis- 17 ability; and 18 (ii) 11 percent of students in 19 postbaccalaureate programs self-identified 20 as having a disability. 21 (2) As of the date of enactment of this Act, lit- 22 tle has been done to integrate specific populations, 23 such as children and youth at various developmental 24 stages or children and youth with disabilities, into 25 emergency preparedness planning. 26 VerDate Sep 11 2014 22:59 Dec 18, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8869.IH H8869 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 8869 IH (3) In 2018 alone, there were 108 natural dis- 1 asters in the United States, including severe thun- 2 derstorms, floods, wildfires, droughts, earthquakes, 3 and other extreme weather. 4 (4) During the 16 academic years from 2000 5 through 2015, there were 85 fatal fires in dor- 6 mitories, fraternities, sororities, and off-campus 7 housing, resulting in 118 fatalities—an average of 8 approximately 7 per school year. 9 (5) The risks associated with natural and man- 10 made disasters have a disproportionate impact on in- 11 dividuals with disabilities. People with disabilities 12 are 2 to 4 times more likely to die or sustain critical 13 injuries during a disaster than people without dis- 14 abilities. 15 (6) Technology plays an increasingly vital role 16 in emergency communications but remains largely 17 inaccessible for many individuals with disabilities. 18 (7) The rise of gun violence and gun violence- 19 related deaths has contributed to the expansion of 20 school security technologies and devices. While such 21 technologies and devices have the potential to save 22 lives, they have largely been developed without con- 23 sideration of the needs of students at various devel- 24 opmental stages or students with disabilities. Thus, 25 VerDate Sep 11 2014 20:22 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8869.IH H8869 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 8869 IH there may be inherent biases within these tech- 1 nologies and devices that disadvantage or create bias 2 toward specific populations. 3 (8) As of the date of enactment of this Act, 92 4 percent of schools nationwide have an active shooter 5 lockdown protocol. More than 1,000,000 elementary- 6 age children experienced a lockdown in the 2017– 7 2018 school year, and among that group, at least 8 220,000 were in kindergarten or prekindergarten. 9 (9) While the Department of Homeland Secu- 10 rity active shooter emergency guidelines recommend 11 that students and personnel in school and early 12 childcare and education settings ‘‘Run, Hide, and 13 Fight’’, these strategies can exacerbate danger for 14 young children in prekindergarten and childcare cen- 15 ters, and can exclude and put at risk students with 16 a wide range of disabilities. 17 (10) At the height of the 2019 novel 18 coronavirus (COVID–19) pandemic, emergency clo- 19 sures of early education centers, elementary schools, 20 secondary schools, and institutions of higher edu- 21 cation created great disruptions in learning and cast 22 a light on educational institutions’ lack of prepared- 23 ness protocols for public health emergencies. 24 VerDate Sep 11 2014 22:59 Dec 18, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8869.IH H8869 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 8869 IH (11) During the pandemic, early care and edu- 1 cation remains indispensable for the development of 2 children and for millions of health care workers, first 3 responders, educators, and essential personnel, and 4 it is imperative that early care and education centers 5 and schools have emergency preparedness plans to 6 ensure the safety of students and educators. 7 (12) Emergency preparation drills and real-life 8 lockdowns where danger may be external can create 9 undue stress, fear, and trauma in children, youth, 10 employees, and other specific populations in schools, 11 early childcare and education settings, and institu- 12 tions of higher education. 13 (13) Traumatic events have a long-lasting and 14 profound sensory impact on young children, as birth 15 to age 5 is a critical developmental age. Frightening 16 visual stimuli, loud noises, violent movements, and 17 other sensations associated with an unpredictable 18 frightening event, such as in an emergency prepara- 19 tion drill or lockdown, can cause substantial stress. 20 Unlike older children, young children cannot express 21 in words whether they feel afraid, overwhelmed, or 22 helpless, and may have difficulty regulating their be- 23 havior and emotions after experiencing trauma. 24 VerDate Sep 11 2014 20:22 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8869.IH H8869 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 8869 IH (14) There is an increasing need to ensure the 1 establishment of accessible, developmentally appro- 2 priate, culturally aware, and trauma-informed emer- 3 gency response protocols, including gun violence re- 4 sponse and prevention protocols, natural disaster 5 preparedness procedures, fire drills, and other emer- 6 gency preparation drills or lockdown procedures, in 7 public schools, early childcare and education set- 8 tings, and institutions of higher education. 9 SEC. 3. DEFINITIONS. 10 In this Act: 11 (1) ESEA DEFINITIONS.—The terms ‘‘elemen- 12 tary school’’, ‘‘local educational agency’’, ‘‘para- 13 professional’’, ‘‘school leader’’, ‘‘secondary school’’, 14 and ‘‘specialized instructional support personnel’’ 15 have the meanings given the terms in section 8101 16 of the Elementary and Secondary Education Act of 17 1965 (20 U.S.C. 7801). 18 (2) ACCESSIBLE.—The term ‘‘accessible’’, when 19 used with respect to an emergency response protocol, 20 means a protocol that— 21 (A) is developed in full compliance with 22 title II of the Americans with Disabilities Act of 23 1990 (42 U.S.C. 12131 et seq.) and the Reha- 24 VerDate Sep 11 2014 20:22 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8869.IH H8869 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 8869 IH bilitation Act of 1973 (29 U.S.C. 701 et seq.); 1 and 2 (B) accounts for a comprehensive range of 3 disabilities, including children and youth who 4 use non-speech modes of communication. 5 (3) COUNCIL.—The term ‘‘Council’’ means the 6 Council on Emergency Response Protocols estab- 7 lished under section 4. 8 (4) CULTURALLY AWARE.—The term ‘‘cul- 9 turally aware’’, when used with respect to an emer- 10 gency response protocol, means a protocol that— 11 (A)(i) incorporates the roles of first re- 12 sponder personnel, law enforcement personnel, 13 school resource officers, and other authorities in 14 the communities where the students live and at- 15 tend school; 16 (ii) takes into account the use and preva- 17 lence of firearms in such communities; and 18 (iii) is cognizant of the ways in which Afri- 19 can American students and students of other 20 racial or ethnic minority groups are more likely 21 to face disciplinary action in schools; 22 (B) is designed to be sensitive to and re- 23 spect cultural differences and differences in cus- 24 toms and worldview; and 25 VerDate Sep 11 2014 20:22 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8869.IH H8869 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 8869 IH (C) considers the ways in which certain 1 emergency events have disparate impact on Af- 2 rican Americans, Native peoples, and other ra- 3 cial and ethnic minorities. 4 (5) DEVELOPMENTALLY APPROPRIATE.—The 5 term ‘‘developmentally appropriate’’, when used with 6 respect to an emergency response protocol, means a 7 protocol that is appropriate for children’s ages and 8 physical, social, sensory, and emotional develop- 9 mental statuses. 10 (6) DISABILITY.—The term ‘‘disability’’ has the 11 meaning given the term in section 3 of the Ameri- 12 cans with Disabilities Act of 1990 (42 U.S.C. 13 12102). 14 (7) INSTITUTION OF HIGHER EDUCATION.—The 15 term ‘‘institution of higher education’’ has the 16 meaning given the term in section 102 of the Higher 17 Education Act of 1965 (20 U.S.C. 1002). 18 (8) TRAUMA-INFORMED.—The term ‘‘trauma- 19 informed’’, when used with respect to an emergency 20 response protocol, means a protocol that— 21 (A) recognizes the prevalence of trauma 22 and the role that trauma plays in the lives of 23 children, youth, and survivors of trauma; 24 VerDate Sep 11 2014 20:22 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8869.IH H8869 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 8869 IH (B) considers the physical, psychological, 1 and emotional well-being of individuals during 2 and after an emergency event; and 3 (C) takes an approach that actively com- 4 bats the traumatization or retraumatization of 5 children, youth, and survivors of trauma. 6 SEC. 4. ESTABLISHMENT OF COUNCIL ON EMERGENCY RE- 7 SPONSE PROTOCOLS. 8 (a) ESTABLISHMENT.—There is established a Council 9 on Emergency Response Protocols. 10 (b) COMPOSITION.— 11 (1) CHAIRPERSON.—The Secretary of Edu- 12 cation, in an expeditious manner, shall appoint an 13 individual who represents one of the categories de- 14 scribed in paragraph (2) to serve as a member and 15 chairperson of the Council. 16 (2) APPOINTED MEMBERS.—By not later than 17 90 days after the date of enactment of this Act, the 18 chairperson of the Council shall appoint a member 19 to the Council for each of the following categories 20 (except for the category represented by the chair- 21 person): 22 (A) An executive director or a representa- 23 tive from a national organization representing 24 individuals with disabilities. 25 VerDate Sep 11 2014 20:22 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8869.IH H8869 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 8869 IH (B) An executive director or a representa- 1 tive from a national organization representing 2 early childcare educators. 3 (C) The executive director or a representa- 4 tive from a national organization representing 5 law enforcement officials. 6 (D) The executive director or a representa- 7 tive from an organization focused on emergency 8 preparedness training in early childcare. 9 (E) A member of an organization rep- 10 resenting teachers, school leaders, specialized 11 instructional support personnel, and paraprofes- 12 sionals. 13 (F) A member of an organization rep- 14 resenting school-based child welfare and mental 15 health professionals. 16 (G) An individual with a physical, sensory, 17 intellectual, or developmental disability who has 18 demonstrated disability advocacy experience in 19 kindergarten through grade 12 education. 20 (H) An individual with a mental health 21 disability who has been enrolled in an institu- 22 tion of higher education for at least a year dur- 23 ing the 5 years prior to the date of the individ- 24 ual’s appointment to the Council. 25 VerDate Sep 11 2014 20:22 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8869.IH H8869 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 8869 IH (I) An individual with a physical, sensory, 1 intellectual, or developmental disability who has 2 been enrolled in an institution of higher edu- 3 cation for a year prior to the date of the indi- 4 vidual’s appointment to the Council. 5 (J) A parent or guardian of a child in an 6 early childcare and education program. 7 (K) A parent or guardian of a child with 8 a physical, sensory, intellectual, or develop- 9 mental disability in— 10 (i) an early childcare and education 11 program; or 12 (ii) a public elementary school or sec- 13 ondary school. 14 (3) FEDERAL MEMBERS.— 15 (A) DEPARTMENT OF EDUCATION MEM- 16 BERS.—The following officers of the Depart- 17 ment of Education shall serve as members of 18 the Council: 19 (i) The Assistant Secretary of the Of- 20 fice of Planning, Evaluation, and Policy 21 Development. 22 (ii) The Assistant Secretary of the Of- 23 fice of Special Education and Rehabilita- 24 tive Services. 25 VerDate Sep 11 2014 20:22 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8869.IH H8869 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 8869 IH (iii) The Assistant Secretary for Civil 1 Rights. 2 (iv) The Director for the Office of 3 Early Learning. 4 (v) The Director of the Office of Spe- 5 cial Education Programs. 6 (B) HEALTH AND HUMAN SERVICES MEM- 7 BERS.—The following officers of the Adminis- 8 tration for Children and Families of the De- 9 partment of Health and Human Services shall 10 serve as members of the Council: 11 (i) The Director of the Office of Child 12 Care. 13 (ii) The Director of the Office of 14 Head Start. 15 (C) FEMA MEMBER.—The Administrator 16 of the Fede [Text truncated for display. Full text available on Congress.gov.]