Protecting our Students in Schools Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3596 To prohibit the use of corporal punishment in schools, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 23, 2023 Ms. BONAMICI (for herself, Mrs. MCBATH, Ms. WILSON of Florida, Ms. MOORE of Wisconsin, Ms. CHU, Mr. JOHNSON of Georgia, Ms. STEVENS, Mrs. WATSON COLEMAN, Mr. TAKANO, Ms. CLARKE of New York, Ms. ROSS, Ms. CROCKETT, Mr. GRIJALVA, Ms. JAYAPAL, Mrs. CHERFILUS- MCCORMICK, Mr. BEYER, Ms. KUSTER, Ms. TLAIB, Mr. BOWMAN, Ms. JACOBS, Ms. NORTON, Mr. LYNCH, Mr. POCAN, Mr. DESAULNIER, Mr. COURTNEY, Ms. DEAN of Pennsylvania, Ms. OMAR, Mr. TRONE, Ms. LEE of California, Ms. MENG, Mr. KEATING, Mr. CASAR, Ms. TOKUDA, Mr. DAVIS of Illinois, Mr. GALLEGO, Mrs. HAYES, and Mr. IVEY) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the com- mittee concerned 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 2023’’. 5 VerDate Sep 11 2014 00:18 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3596.IH H3596 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3596 IH (b) TABLE OF CONTENTS.—The table of contents for 1 this Act are as follows: 2 Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. TITLE I—PROHIBITION OF CORPORAL PUNISHMENT Sec. 101. Prohibition of corporal punishment. Sec. 102. Civil actions by the Attorney General. Sec. 103. Enforcement by the Office for Civil Rights. Sec. 104. Parent notification and protection and advocacy systems. TITLE II—STATE ACTIVITIES AND GRANT PROGRAM Sec. 201. State plan and enforcement. Sec. 202. Grant authority. TITLE III—ADDITIONAL PROVISIONS Sec. 301. Federal regulations. Sec. 302. Other schools. Sec. 303. Limitation of authority. Sec. 304. Applicability to private schools and home schools. Sec. 305. Severability. Sec. 306. Authorization of appropriations. SEC. 2. PURPOSES. 3 The purposes of this Act are to— 4 (1) eliminate the use of corporal punishment in 5 schools; 6 (2) ensure, regardless of sexual orientation, 7 gender identity or expression, sex, race, color, na- 8 tional origin, disability, or religion, the health and 9 safety of all students and program personnel in 10 schools and promote a positive school climate and 11 culture; 12 (3) assist States, local educational agencies, 13 and schools in improving school climate and culture 14 by implementing positive behavioral interventions 15 VerDate Sep 11 2014 00:18 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3596.IH H3596 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3596 IH and supports, and other models (including models 1 such as restorative justice interventions, trauma-in- 2 formed care, multi-tiered system of supports, crisis 3 and de-escalation interventions, implicit bias train- 4 ing, and culturally responsive teaching), to address 5 student behavior and work to eliminate the use of 6 exclusionary and aversive discipline practices or 7 interventions; 8 (4) ensure all program personnel have the sup- 9 ports and training necessary to implement positive 10 behavioral interventions and supports and other 11 models to address student behavior and improve 12 school climate and culture; and 13 (5) collect and analyze data on exclusionary and 14 aversive discipline practices or interventions in 15 schools. 16 SEC. 3. DEFINITIONS. 17 In this Act: 18 (1) CORPORAL PUNISHMENT.—The term ‘‘cor- 19 poral punishment’’ means, with respect to a student, 20 a deliberate act which causes the student to feel 21 physical pain for the purpose of discipline, including 22 an act of physical force, such as striking, spanking, 23 or paddling, inflicted on a student’s body, requiring 24 a student to assume a painful physical position, or 25 VerDate Sep 11 2014 00:18 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3596.IH H3596 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3596 IH the use of chemical sprays, electroshock weapons, or 1 stun guns on a student’s body. 2 (2) ESEA TERMS.—The terms ‘‘elementary 3 school’’, ‘‘evidence-based’’, ‘‘local educational agen- 4 cy’’, ‘‘outlying area’’, ‘‘parent’’, ‘‘secondary school’’, 5 ‘‘Secretary’’, ‘‘State’’, and ‘‘State educational agen- 6 cy’’ have the meanings given the terms in section 7 8101 of the Elementary and Secondary Education 8 Act of 1965 (20 U.S.C. 7801). 9 (3) EXCLUSIONARY DISCIPLINE.—The term 10 ‘‘exclusionary discipline’’ means any type of discipli- 11 nary action that removes or excludes a student from 12 the student’s usual educational setting, or from ac- 13 cess to education services, including such discipli- 14 nary actions as in-school suspensions, out-of-school 15 suspensions, expulsions, or any other removal, how- 16 ever labeled, that results in lost instructional time 17 for the student. 18 (4) MODEL.—The term ‘‘model’’ means an ac- 19 tivity, strategy, framework, or intervention that is 20 evidence-based, to the extent practicable. 21 (5) POSITIVE BEHAVIORAL INTERVENTIONS 22 AND SUPPORTS.—The term ‘‘positive behavioral 23 interventions and supports’’— 24 VerDate Sep 11 2014 00:18 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3596.IH H3596 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3596 IH (A) means a schoolwide, systematic ap- 1 proach that embeds evidence-based practices 2 and data-driven decision making to improve 3 school climate and culture in order to achieve 4 improved academic and social outcomes and in- 5 crease learning for all students (including stu- 6 dents with the most complex and intensive be- 7 havioral needs); and 8 (B) encompasses a range of systemic and 9 individualized positive strategies to teach and 10 reinforce school-expected behaviors, while dis- 11 couraging and diminishing undesirable behav- 12 iors. 13 (6) PROGRAM.—The term ‘‘program’’ means— 14 (A) all of the operations of a local edu- 15 cational agency, system of vocational education, 16 or other school system; 17 (B) a program that serves children who re- 18 ceive services for which financial assistance is 19 provided in accordance with the Head Start Act 20 (42 U.S.C. 9831 et seq.); or 21 (C) an elementary school or secondary 22 school that is not a public school that enrolls a 23 student who receives special education and re- 24 lated services under the Individuals with Dis- 25 VerDate Sep 11 2014 00:18 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3596.IH H3596 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3596 IH abilities Education Act (20 U.S.C. 1400 et 1 seq.). 2 (7) PROGRAM PERSONNEL.— 3 (A) IN GENERAL.—Subject to subpara- 4 graph (B), the term ‘‘program personnel’’ 5 means any agent of a program, including an in- 6 dividual who is employed by a program, or who 7 performs services for a program on a contrac- 8 tual basis, including— 9 (i) school leaders; 10 (ii) teachers; 11 (iii) specialized instructional support 12 personnel; 13 (iv) paraprofessionals; or 14 (v) other staff. 15 (B) EXCLUSION.—Notwithstanding sub- 16 paragraph (A), program personnel shall not in- 17 clude a law enforcement officer or a school se- 18 curity guard. 19 (8) PROTECTION AND ADVOCACY SYSTEM.—The 20 term ‘‘protection and advocacy system’’ means a 21 protection and advocacy system established under 22 section 143 of the Developmental Disabilities Assist- 23 ance and Bill of Rights Act of 2000 (42 U.S.C. 24 15043). 25 VerDate Sep 11 2014 00:18 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3596.IH H3596 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 3596 IH (9) LAW ENFORCEMENT OFFICER.—The term 1 ‘‘law enforcement officer’’— 2 (A) means any person who— 3 (i) is a State, Tribal, or local law en- 4 forcement officer (as defined in section 5 1204 of title I of the Omnibus Crime Con- 6 trol and Safe Streets Act of 1968 (34 7 U.S.C. 10284)); and 8 (ii) is assigned by the employing law 9 enforcement agency to a program, who is 10 contracting with a program, or who is em- 11 ployed by a program; and 12 (B) includes an individual referred to as a 13 ‘‘school resource officer’’ if that individual 14 meets the definition in subparagraph (A). 15 (10) SCHOOL SECURITY GUARD.—The term 16 ‘‘school security guard’’ means an individual who is 17 not a sworn law enforcement officer and who is re- 18 sponsible for addressing one or more of the following 19 safety and crime prevention activities in and around 20 a program: 21 (A) Assisting program personnel in safety 22 incidents. 23 (B) Educating students in crime and ille- 24 gal drug use prevention and safety. 25 VerDate Sep 11 2014 00:18 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3596.IH H3596 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 3596 IH (C) Developing or expanding community 1 justice initiatives for students. 2 (D) Training students in conflict resolution 3 and supporting restorative justice programs. 4 (E) Serving as a liaison between the pro- 5 gram and outside agencies, including other law 6 enforcement agencies. 7 (F) Screening students or visitors to the 8 program for prohibited items. 9 (11) STUDENT.—The term ‘‘student’’ means an 10 individual enrolled in a program. 11 TITLE I—PROHIBITION OF 12 CORPORAL PUNISHMENT 13 SEC. 101. PROHIBITION OF CORPORAL PUNISHMENT. 14 (a) PROHIBITION.—No student shall be subjected to 15 corporal punishment by program personnel, a law enforce- 16 ment officer, or a school security guard under any pro- 17 gram which receives Federal financial assistance. 18 (b) PRIVATE RIGHT OF ACTION.—A student who has 19 been subjected to corporal punishment by program per- 20 sonnel, a law enforcement officer, or a school security 21 guard in violation of subsection (a), or the parent of such 22 student, may file a civil action in any Federal or State 23 court of competent jurisdiction against the program under 24 which the violation is alleged to have occurred for attor- 25 VerDate Sep 11 2014 00:18 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3596.IH H3596 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 3596 IH neys’ fees, expert fees, injunctive relief, and compensatory 1 damages. 2 SEC. 102. CIVIL ACTIONS BY THE ATTORNEY GENERAL. 3 Whenever the Attorney General receives a complaint 4 in writing signed by a parent (including a legal guardian) 5 or a group of parents (including legal guardians) to the 6 effect that the minor children of such a parent or parents 7 are being deprived by a program of the right under this 8 Act to not be subject to corporal punishment by program 9 personnel, law enforcement officers, or school security 10 guards and the Attorney General believes the complaint 11 is meritorious, the Attorney General is authorized, after 12 giving notice of such complaint to the appropriate pro- 13 gram and after certifying that the Attorney General is sat- 14 isfied that such program has had a reasonable time to ad- 15 just the conditions alleged in such complaint, to institute 16 for or in the name of the United States a civil action in 17 any appropriate district court of the United States against 18 such parties and for such relief as may be appropriate, 19 and such court shall have and shall exercise jurisdiction 20 of proceedings instituted pursuant to this section. The At- 21 torney General may implead as defendants such additional 22 parties as are or become necessary to the grant of effective 23 relief hereunder. 24 VerDate Sep 11 2014 00:18 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3596.IH H3596 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 3596 IH SEC. 103. ENFORCEMENT BY THE OFFICE FOR CIVIL 1 RIGHTS. 2 (a) REFERRAL TO OFFICE FOR CIVIL RIGHTS.—The 3 Secretary shall refer any complaint alleging a violation of 4 section 101(a) to the Office for Civil Rights of the Depart- 5 ment of Education for an investigation. 6 (b) PROCESS FOR REFERRAL.—Not later than 90 7 days after the date of the enactment of this Act, the Sec- 8 retary shall develop and implement a procedure for receiv- 9 ing a complaint alleging a violation of section 101(a). 10 (c) FAILURE TO COMPLY.—In the event that a pro- 11 gram has failed to comply with section 101(a), the Sec- 12 retary shall carry out at least one of the following: 13 (1) Withhold from such program, in whole or in 14 part, further payments (including payments for ad- 15 ministrative costs) under an applicable program (as 16 such term is defined in section 400(c) of the General 17 Education Provisions Act (20 U.S.C. 1221(c))) in 18 accordance with section 455 of such Act (20 U.S.C. 19 1234d). 20 (2) Enter into a compliance agreement in ac- 21 cordance with section 457 of the General Education 22 Provisions Act (20 U.S.C. 1234f). 23 (3) Issue a complaint to compel compliance of 24 such program through a cease and desist order, in 25 the same manner the Secretary is authorized to take 26 VerDate Sep 11 2014 00:18 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3596.IH H3596 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 3596 IH such action under section 456 of the General Edu- 1 cation Provisions Act (20 U.S.C. 1234c). 2 (d) CESSATION OF WITHHOLDING OF FUNDS.—If 3 the Secretary determines (whether by certification or other 4 appropriate evidence) that a program that is subject to 5 the withholding of payments under subsection (c)(1) of 6 this section has cured the failure providing the basis for 7 the withholding of payments on a date that is within one 8 year from the date on which such payments were first 9 withheld, the Secretary shall— 10 (1) cease the withholding of payments with re- 11 spect to that program under such subsection; and 12 (2) reimburse all the withheld payments under 13 such subsection to such program. 14 (e) WITHHELD FUNDS.—The funds appropriated or 15 made available for the payments that were withheld under 16 subsection (c)(1) shall be available for expenditure to that 17 program pursuant to this subsection for up to one year 18 from the date upon which the determination in subsection 19 (d) was made. 20 (f) RULE OF CONSTRUCTION.—Nothing in this sec- 21 tion shall be construed to limit the Secretary’s authority 22 under the General Education Provisions Act (20 U.S.C. 23 1221 et seq.). 24 VerDate Sep 11 2 [Text truncated for display. 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