Ending PUSHOUT Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 2690 To reduce exclusionary discipline practices in schools, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 18, 2023 Ms. PRESSLEY (for herself, Ms. OMAR, Mrs. WATSON COLEMAN, Mrs. BEATTY, Mr. BOWMAN, Ms. CLARKE of New York, Ms. ADAMS, Mr. CASAR, Ms. JACOBS, Ms. TLAIB, Mr. CARTER of Louisiana, Ms. OCASIO- CORTEZ, Mr. JOHNSON of Georgia, Ms. LEE of California, Ms. VELA´ZQUEZ, Ms. MENG, Mr. GREEN of Texas, Mr. TRONE, Ms. JAYAPAL, and Mr. DESAULNIER) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To reduce exclusionary discipline practices 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. 3 This Act may be cited as the ‘‘Ending Punitive, Un- 4 fair, School-based Harm that is Overt and Unresponsive 5 to Trauma Act of 2023’’ or the ‘‘Ending PUSHOUT Act 6 of 2023’’. 7 VerDate Sep 11 2014 04:16 Apr 25, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2690.IH H2690 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2690 IH SEC. 2. PURPOSE. 1 It is the purpose of this Act to— 2 (1) strengthen data collection related to exclu- 3 sionary discipline practices in schools and the dis- 4 criminatory application of such practices, which dis- 5 proportionately pushes students of color, particularly 6 girls of color, out of school; 7 (2) eliminate the discriminatory use and over- 8 use of exclusionary discipline practices based on ac- 9 tual or perceived race, ethnicity, color, national ori- 10 gin, sex (including sexual orientation, gender iden- 11 tity, pregnancy, childbirth, a medical condition re- 12 lated to pregnancy or childbirth, parenting status, or 13 other stereotype related to sex), or disability; 14 (3) eliminate all unnecessary loss of instruc- 15 tional time due to unsound or excessive use of for- 16 mal and informal disciplinary removal from instruc- 17 tional settings; and 18 (4) prevent the criminalization and pushout of 19 students from school, especially Black and Brown 20 girls, as a result of educational barriers that include 21 discrimination, adultification, punitive discipline poli- 22 cies and practices, and a failure to recognize and 23 support students with mental health needs or experi- 24 encing trauma. 25 VerDate Sep 11 2014 21:52 Apr 25, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2690.IH H2690 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2690 IH SEC. 3. DEFINITIONS. 1 In this Act: 2 (1) ACT OF INSUBORDINATION.—The term ‘‘act 3 of insubordination’’ means an act that disrupts a 4 school activity or instance when a student willfully 5 defies the valid authority of a school official. 6 (2) APPEARANCE OR GROOMING POLICY.—The 7 term ‘‘appearance or grooming policy’’ means any 8 practice, policy, or portion of a student conduct code 9 that governs or restricts the appearance of students, 10 including policies that— 11 (A) restrict or prescribe clothing that a 12 student may wear (including hijabs, headwraps, 13 or bandanas); 14 (B) restrict specific hair styles (such as 15 braids, locs, twists, Bantu knots, cornrows, ex- 16 tensions, or afros); or 17 (C) restrict whether or how a student may 18 apply make-up, nail polish, or other cosmetics. 19 (3) CHEMICAL RESTRAINT.—The term ‘‘chem- 20 ical restraint’’ means a drug or medication used on 21 a student to control behavior or restrict freedom of 22 movement that is not— 23 (A) prescribed by a licensed physician, or 24 other qualified health professional acting under 25 the scope of the professional’s authority under 26 VerDate Sep 11 2014 04:16 Apr 25, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2690.IH H2690 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2690 IH State law, for the standard treatment of a stu- 1 dent’s medical or psychiatric condition; and 2 (B) administered as prescribed by a li- 3 censed physician or other qualified health pro- 4 fessional acting under the scope of the author- 5 ity of a health professional under State law. 6 (4) CORPORAL PUNISHMENT.—The term ‘‘cor- 7 poral punishment’’ means, with respect to a student, 8 a deliberate act which causes the student to feel 9 physical pain for the purpose of discipline, including 10 an act of physical force, such as striking, spanking, 11 or paddling, inflicted on a student’s body, requiring 12 a student to assume a painful physical position, or 13 the use of chemical sprays, electroshock weapons, or 14 stun guns on a student’s body. 15 (5) CULTURALLY SUSTAINING.—The term ‘‘cul- 16 turally sustaining’’ describes educational practices 17 that encourage students to bring their cultural and 18 linguistic assets and life experiences to a school com- 19 munity. Culturally sustaining practices incorporate 20 those assets and experiences into coursework and the 21 social fabric of a school. 22 (6) DIRECT SUPERVISION.—The term ‘‘direct 23 supervision’’ means a student is physically in the 24 VerDate Sep 11 2014 04:16 Apr 25, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2690.IH H2690 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2690 IH same location as a school official and such student 1 is under the care of the school official or school. 2 (7) DISABILITY.—The term ‘‘disability’’ means 3 a mental or physical disability that meets the condi- 4 tions set forth in clauses (i) and (ii) of section 5 602(3)(A) of the Individuals with Disabilities Edu- 6 cation Act (20 U.S.C. 1401(3)(A)(i) and (ii)) or in 7 section 504 of the Rehabilitation Act (29 U.S.C. 8 794). 9 (8) DISCIPLINARY ALTERNATIVE SCHOOL.—The 10 term ‘‘disciplinary alternative school’’ means a short- 11 or long-term educational setting to which a student 12 is sent for disciplinary or behavioral reasons for a 13 specified amount of time before being allowed to re- 14 turn to their regular school setting. 15 (9) ELEMENTARY AND SECONDARY EDUCATION 16 ACT TERMS.—The terms ‘‘elementary school’’, 17 ‘‘English learner’’, ‘‘local educational agency’’, ‘‘sec- 18 ondary school’’, and ‘‘State educational agency’’ has 19 the meanings given such terms in section 8101 of 20 the Elementary and Secondary Education Act of 21 1965 (20 U.S.C. 7801). 22 (10) EXCLUSIONARY DISCIPLINE.—The term 23 ‘‘exclusionary discipline’’ describes school policies 24 and practices, whether formal or informal action of 25 VerDate Sep 11 2014 04:16 Apr 25, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2690.IH H2690 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2690 IH school officials or by law enforcement, used to dis- 1 cipline students by removing them from their regular 2 learning environment. 3 (11) GENDER IDENTITY.—The term ‘‘gender 4 identity’’ means the gender-related identity, appear- 5 ance, mannerisms, or other gender-related character- 6 istics of an individual regardless of the designated 7 sex at birth of the individual. 8 (12) INFORMAL REMOVAL.—The term ‘‘infor- 9 mal removal’’ means an administrative removal of a 10 student from the learning environment for part or 11 all of the school day, or an indefinite period of time, 12 without documenting the removal as a suspension or 13 expulsion or engaging in formalized disciplinary 14 processes. 15 (13) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 16 has the meaning given the term in section 4(e) of 17 the Indian Self-Determination and Education Assist- 18 ance Act (25 U.S.C. 5304(e)). 19 (14) IN-SCHOOL SUSPENSION.—The term ‘‘in- 20 school suspension’’ means an instance in which a 21 student is temporarily removed from a regular class- 22 room for at least half a day but remains under the 23 direct supervision of a school official. 24 VerDate Sep 11 2014 04:16 Apr 25, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2690.IH H2690 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 2690 IH (15) MECHANICAL RESTRAINT.—The term 1 ‘‘mechanical restraint’’ has the meaning given the 2 term in section 595(d)(1) of the Public Health Serv- 3 ice Act (42 U.S.C. 290jj(d)(1)), except that the 4 meaning shall be applied by substituting ‘‘student’’ 5 for ‘‘resident’’. 6 (16) MULTI-TIERED SYSTEM OF SUPPORTS.— 7 The term ‘‘multi-tiered system of supports’’ means 8 a comprehensive continuum of evidence-based, sys- 9 temic practices to support a rapid response to the 10 needs of students, with regular observation to facili- 11 tate data-based instructional decision making. 12 (17) OUT-OF-SCHOOL SUSPENSION.—The term 13 ‘‘out-of-school suspension’’ means an instance in 14 which a student is excluded from their school for 15 disciplinary reasons by temporarily being removed 16 from regular classes to another setting, including a 17 home, virtual school placement, alternative school 18 placement, disciplinary alternative school, or behav- 19 ior center, regardless of whether such disciplinary 20 removal is deemed as a suspension by school offi- 21 cials. 22 (18) PHYSICAL ESCORT.—The term ‘‘physical 23 escort’’ has the meaning given the term in section 24 595(d)(2) of the Public Health Service Act (42 25 VerDate Sep 11 2014 04:16 Apr 25, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2690.IH H2690 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 2690 IH U.S.C. 290jj(d)(2)), except that the meaning shall 1 be applied by substituting ‘‘student’’ for ‘‘resident’’. 2 (19) PHYSICAL RESTRAINT.—The term ‘‘phys- 3 ical restraint’’ means a personal restriction that im- 4 mobilizes or reduces the ability of an individual to 5 move the individual’s arms, legs, torso, or head free- 6 ly, except that such term does not include a physical 7 escort, mechanical restraint, or chemical restraint. 8 (20) POSITIVE BEHAVIORAL INTERVENTIONS 9 AND SUPPORTS.—The term ‘‘positive behavioral 10 interventions and supports’’ means a schoolwide, 11 systematic approach that embeds evidence-based 12 practices and data-driven decision-making to im- 13 prove school climate and culture in order to achieve 14 improved academic and social outcomes and increase 15 learning for all students (including students with the 16 most complex and intensive behavioral needs) and 17 encompasses a range of systemic and individualized 18 positive strategies to teach and reinforce school-ex- 19 pected behaviors, while discouraging and diminishing 20 undesirable behaviors. 21 (21) PUSHOUT.—The term ‘‘pushout’’ means 22 an instance when a student leaves elementary, mid- 23 dle or secondary school, including a forced transfer 24 to another school, prior to graduating secondary 25 VerDate Sep 11 2014 04:16 Apr 25, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2690.IH H2690 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 2690 IH school due to overuse of exclusionary discipline prac- 1 tices, failure to address trauma or other mental 2 health needs, discrimination, or other educational 3 barriers that do not support or promote the success 4 of a student. 5 (22) SCHOOL-BASED LAW ENFORCEMENT OFFI- 6 CER.—The term ‘‘school-based law enforcement offi- 7 cer’’ means an individual who— 8 (A) is— 9 (i) assigned by a law enforcement 10 agency to a secondary or elementary school 11 or local educational agency; 12 (ii) contracting with a secondary or el- 13 ementary school or local educational agen- 14 cy; or 15 (iii) employed by a secondary or ele- 16 mentary school or local educational agency; 17 (B) has the legal power to detain, arrest, 18 issue a citation, perform a custodial investiga- 19 tion, or refer a person to a criminal or juvenile 20 court; 21 (C) meets the definition of a law enforce- 22 ment personnel under State law; or 23 VerDate Sep 11 2014 04:16 Apr 25, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2690.IH H2690 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 2690 IH (D) may be referred to as a ‘‘school re- 1 source officer’’, a ‘‘sworn law enforcement offi- 2 cer’’, or a ‘‘school police officer’’. 3 (23) SCHOOL OFFICIAL.—The term ‘‘school of- 4 ficial’’ means an educator, school principal, adminis- 5 trator, or other personnel, not considered school- 6 based law enforcement, engaged in the performance 7 of duties with respect to a school. 8 (24) SECLUSION.—The term ‘‘seclusion’’ means 9 the involuntary confinement of a student alone in a 10 room or area where the student is physically pre- 11 vented from leaving, and does not include a time 12 out. 13 (25) SECRETARY.—The term ‘‘Secretary’’ 14 means the Secretary of Education. 15 (26) SERIOUS BODILY INJURY.—The term ‘‘se- 16 rious bodily injury’’ has the meaning given that term 17 in section 1365(h)(3) of title 18, United States 18 Code. 19 (27) SEXUAL ORIENTATION.—The term ‘‘sexual 20 orientation’’ means how a person identifies in terms 21 of their emotional, romantic, or sexual attraction, 22 and includes identification as straight, heterosexual, 23 gay, lesbian, or bisexual, among other terms. 24 VerDate Sep 11 2014 04:16 Apr 25, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2690.IH H2690 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 2690 IH (28) SPECIAL EDUCATION SCHOOL.—The term 1 ‘‘special education school’’ means a school that fo- 2 cuses primarily on serving the needs of students who 3 qualify as ‘‘a child with a disability’’ as that term 4 is defined under section 602(3)(A)(i) of the Individ- 5 uals with Disabilities Education Act (20 U.S.C. 6 1401(3)(A)(i)) or are subject to section 504 of the 7 Rehabilitation Act of 1973 (29 U.S.C. 794). 8 (29) THREAT ASSESSMENT.—The term ‘‘threat 9 assessment’’ means actions consisting of referrals or 10 meetings initiated by a member of school staff, ad- 11 ministrator, school counselor, or educator that in- 12 clude law enforcement officers to assess whether a 13 student constitutes a threat or risk to self or others. 14 (30) TIME OUT.—The term ‘‘time out’’ has the 15 meaning given the term in section 595(d)(5) of the 16 Public Health Service Act (42 U.S.C. 290jj(d)(5)), 17 except that the meaning shall be applied by sub- 18 stituting ‘‘student’’ for ‘‘resident’’. 19 (31) TRAUMA-INFORMED SERVICES.—The term 20 ‘‘trauma-informed services’’ means a service delivery 21 approach that— 22 (A) recognizes and responds to the impacts 23 of trauma with evidence-based supports and 24 intervention; 25 VerDate Sep 11 2014 04:16 Apr 25, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2690.IH H2690 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 2690 IH (B) emphasizes physical, psychological, and 1 emotional safety for both providers of services 2 and survivors of trauma; and 3 (C) creates opportunities for survivors of 4 trauma to rebuild a sense of healing and em- 5 powerment. 6 (32) ZERO-TOLER [Text truncated for display. 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