What This Bill Does
This bill creates a Council on Emergency Response Protocols to develop guidelines for how schools, early child care centers, and colleges should handle emergencies. The Council will study current emergency response practices and create recommendations that work for all students, including young children and students with disabilities. The guidelines will cover gun violence response, natural disasters, fire drills, and lockdown procedures.
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Who It Affects
- Public elementary and secondary schools
- Early child care and education programs
- Institutions of higher education
- Students with disabilities
- Young children in prekindergarten and kindergarten
- Students of color and African American students
- School staff and educators
- Parents and guardians
- Federal agencies (Department of Education, Department of Health and Human Services, Federal Emergency Management Agency)
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Key Provisions
- The Secretary of Education appoints a chairperson to lead the Council within a reasonable timeframe, with Council members appointed within 90 days of the law passing (Sec. 4(b))
- The Council must hold a hearing with students, educators, school leaders, disability advocates, law enforcement, and security experts within 120 days of the law passing (Sec. 5(a))
- The Council studies emergency response protocols and their impact on vulnerable populations, then provides guidelines to states, schools, and colleges for creating accessible and trauma-informed emergency procedures (Sec. 5(b) and (c))
- The Council must submit a detailed report to Congress within 18 months with findings and recommendations (Sec. 5(d))
- The Council terminates 60 days after submitting its final report (Sec. 8)
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What Changes
If passed, the bill establishes a new Council that will create science-based guidelines for emergency response in schools. Schools, early care centers, and colleges will receive recommendations on how to make emergency procedures safe for students with disabilities, young children, and students of color. Federal agencies must cooperate by providing information to the Council. The guidelines will address training staff on racial bias and other topics to ensure fair treatment during emergencies.
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Important Definitions
- **Accessible**: An emergency response protocol that follows disability rights laws and accounts for a wide range of disabilities, including students who use nonspeech communication methods (Sec. 3(2))
- **Developmentally appropriate**: A protocol suited to children's ages and their physical, social, sensory, and emotional development stages (Sec. 3(5))
- **Culturally aware**: A protocol that understands the role of law enforcement and firearms in communities and recognizes that students of color face more school discipline than white students (Sec. 3(4))
- **Trauma-informed**: A protocol that recognizes how trauma affects children and survivors, protects emotional and physical well-being, and prevents retraumatization (Sec. 3(8))
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Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 1072
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
child care and education settings, and institutions of higher education,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 30, 2023
Mr. CASEY (for himself and Mr. VAN HOLLEN) introduced the following bill;
which was read twice and referred to the Committee on Health, Edu-
cation, 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
child care and education settings, and institutions of
higher 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
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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’’.
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 child care 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
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(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
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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 child
17
care and education settings ‘‘Run, Hide, and Fight’’,
18
these strategies can exacerbate danger for young
19
children in prekindergarten and child care centers,
20
and can exclude and put at risk students with a
21
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
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•S 1072 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 child care and
5
education remains indispensable for the development
6
of children and for millions of health care workers,
7
first responders, educators, and essential personnel,
8
and it is imperative that early child care and edu-
9
cation centers and schools have emergency prepared-
10
ness plans to ensure the safety of students and edu-
11
cators.
12
(12) Emergency preparation drills and real-life
13
lockdowns where danger may be external can create
14
undue stress, fear, and trauma in children, youth,
15
employees, and other specific populations in schools,
16
early child care and education settings, and institu-
17
tions of higher education.
18
(13) Traumatic events have a long-lasting and
19
profound sensory impact on young children, as birth
20
to age 5 is a critical developmental age. Frightening
21
visual stimuli, loud noises, violent movements, and
22
other sensations associated with an unpredictable
23
frightening event, such as in an emergency prepara-
24
tion drill or lockdown, can cause substantial stress.
25
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Unlike older children, young children cannot express
1
in words whether they feel afraid, overwhelmed, or
2
helpless, and may have difficulty regulating their be-
3
havior and emotions after experiencing trauma.
4
(14) There is an increasing need to ensure the
5
establishment of accessible, developmentally appro-
6
priate, culturally aware, and trauma-informed emer-
7
gency response protocols, including gun violence re-
8
sponse and prevention protocols, natural disaster
9
preparedness procedures, fire drills, and other emer-
10
gency preparation drills or lockdown procedures, in
11
public schools, early child care and education set-
12
tings, and institutions of higher education.
13
SEC. 3. DEFINITIONS.
14
In this Act:
15
(1) ESEA DEFINITIONS.—The terms ‘‘elemen-
16
tary school’’, ‘‘local educational agency’’, ‘‘para-
17
professional’’, ‘‘school leader’’, ‘‘secondary school’’,
18
and ‘‘specialized instructional support personnel’’
19
have the meanings given the terms in section 8101
20
of the Elementary and Secondary Education Act of
21
1965 (20 U.S.C. 7801).
22
(2) ACCESSIBLE.—The term ‘‘accessible’’, when
23
used with respect to an emergency response protocol,
24
means a protocol that—
25
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(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 nonspeech 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
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(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
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(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
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•S 1072 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 child care 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 child care.
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, developmental, mental health, or
21
other disability who has demonstrated disability
22
advocacy experience in kindergarten through
23
grade 12 education.
24
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(H) An individual with a physical, sensory,
1
intellectual, developmental, mental health, or
2
other disability who has been enrolled in an in-
3
stitution of higher education for at least a year
4
during the 5 years prior to the date of the indi-
5
vidual’s appointment to the Council.
6
(I) An individual with a physical, sensory,
7
intellectual, developmental, mental health, or
8
other disability who has been enrolled in an in-
9
stitution of higher education for a year prior to
10
the date of the individual’s appointment to the
11
Council.
12
(J) A parent or guardian of a child in an
13
early child care and education program.
14
(K) A parent or guardian of a child with
15
a physical, sensory, intellectual, or develop-
16
mental disability in—
17
(i) an early child care and education
18
program; or
19
(ii) a public elementary school or sec-
20
ondary school.
21
(3) FEDERAL MEMBERS.—
22
(A) DEPARTMENT
OF
EDUCATION
MEM-
23
BERS.—The following officers of the Depart-
24
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•S 1072 IS
ment of Education shall serve as members of
1
the Council:
2
(i) The Assistant Secretary of the Of-
3
fice of Planning, Evaluation and Policy
4
Development.
5
(ii) The Assistant Secretary of the Of-
6
fice of Special Education and Rehabilita-
7
tive Services.
8
(iii) The Assistant Secretary for Civil
9
Rights.
10
(iv) The Director of the Office of In-
11
novation and Early Learning.
12
(v) The Director of the Office of Spe-
13
cial Education Programs.
14
(B) HEALTH AND HUMAN SERVICES MEM-
15
BERS.—The following officers of the Adminis-
16
tration for Children and Families of the De-
17
partment of Health and Human Services shall
18
serve as members of the Council:
[Text truncated for display. Full text available on Congress.gov.]