Protecting our Students in Schools Act of 2023

II 118TH CONGRESS 1ST SESSION S. 1762 To prohibit the use of corporal punishment in schools, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 30, 2023 Mr. MURPHY (for himself, Mr. BROWN, Mr. CASEY, Mr. DURBIN, Mr. SAND- ERS, 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 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 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. TITLE I—PROHIBITION OF CORPORAL PUNISHMENT VerDate Sep 11 2014 00:18 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S1762.IS S1762 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1762 IS Sec. 101. Prohibition of corporal punishment. Sec. 102. Civil actions by the Attorney General. Sec. 103. Enforcement by the Office for Civil Rights. Sec. 104. Parent notification and protection and advocacy systems. TITLE II—STATE ACTIVITIES AND GRANT PROGRAM Sec. 201. State plan and enforcement. Sec. 202. Grant authority. TITLE III—ADDITIONAL PROVISIONS Sec. 301. Federal regulations. Sec. 302. Other schools. Sec. 303. Limitation of authority. Sec. 304. Applicability to private schools and home schools. Sec. 305. Severability. Sec. 306. Authorization of appropriations. SEC. 2. PURPOSES. 1 The purposes of this Act are to— 2 (1) eliminate the use of corporal punishment in 3 schools; 4 (2) ensure, regardless of sexual orientation, 5 gender identity or expression, sex, race, color, na- 6 tional origin, disability, or religion, the health and 7 safety of all students and program personnel in 8 schools and promote a positive school climate and 9 culture; 10 (3) assist States, local educational agencies, 11 and schools in improving school climate and culture 12 by implementing positive behavioral interventions 13 and supports, and other models (including models 14 such as restorative justice interventions, trauma-in- 15 formed care, multi-tiered system of supports, crisis 16 and de-escalation interventions, implicit bias train- 17 VerDate Sep 11 2014 00:18 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1762.IS S1762 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1762 IS ing, and culturally responsive teaching), to address 1 student behavior and work to eliminate the use of 2 exclusionary and aversive discipline practices or 3 interventions; 4 (4) ensure all program personnel have the sup- 5 ports and training necessary to implement positive 6 behavioral interventions and supports and other 7 models to address student behavior and improve 8 school climate and culture; and 9 (5) collect and analyze data on exclusionary and 10 aversive discipline practices or interventions in 11 schools. 12 SEC. 3. DEFINITIONS. 13 In this Act: 14 (1) CORPORAL PUNISHMENT.—The term ‘‘cor- 15 poral punishment’’ means, with respect to a student, 16 a deliberate act which causes the student to feel 17 physical pain for the purpose of discipline, including 18 an act of physical force, such as striking, spanking, 19 or paddling, inflicted on a student’s body, requiring 20 a student to assume a painful physical position, or 21 the use of chemical sprays, electroshock weapons, or 22 stun guns on a student’s body. 23 (2) ESEA TERMS.—The terms ‘‘elementary 24 school’’, ‘‘evidence-based’’, ‘‘local educational agen- 25 VerDate Sep 11 2014 00:18 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1762.IS S1762 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1762 IS cy’’, ‘‘outlying area’’, ‘‘parent’’, ‘‘secondary school’’, 1 ‘‘Secretary’’, ‘‘State’’, and ‘‘State educational agen- 2 cy’’ have the meanings given the terms in section 3 8101 of the Elementary and Secondary Education 4 Act of 1965 (20 U.S.C. 7801). 5 (3) EXCLUSIONARY DISCIPLINE.—The term 6 ‘‘exclusionary discipline’’ means any type of discipli- 7 nary action that removes or excludes a student from 8 the student’s usual educational setting, or from ac- 9 cess to education services, including such discipli- 10 nary actions as in-school suspensions, out-of-school 11 suspensions, expulsions, or any other removal, how- 12 ever labeled, that results in lost instructional time 13 for the student. 14 (4) MODEL.—The term ‘‘model’’ means an ac- 15 tivity, strategy, framework, or intervention that is 16 evidence-based, to the extent practicable. 17 (5) POSITIVE BEHAVIORAL INTERVENTIONS 18 AND SUPPORTS.—The term ‘‘positive behavioral 19 interventions and supports’’— 20 (A) means a schoolwide, systematic ap- 21 proach that embeds evidence-based practices 22 and data-driven decision-making to improve 23 school climate and culture in order to achieve 24 improved academic and social outcomes and in- 25 VerDate Sep 11 2014 00:18 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1762.IS S1762 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1762 IS crease learning for all students (including stu- 1 dents with the most complex and intensive be- 2 havioral needs); and 3 (B) encompasses a range of systemic and 4 individualized positive strategies to teach and 5 reinforce school-expected behaviors, while dis- 6 couraging and diminishing undesirable behav- 7 iors. 8 (6) PROGRAM.—The term ‘‘program’’ means— 9 (A) all of the operations of a local edu- 10 cational agency, system of vocational education, 11 or other school system; 12 (B) a program that serves children who re- 13 ceive services for which financial assistance is 14 provided in accordance with the Head Start Act 15 (42 U.S.C. 9831 et seq.); or 16 (C) an elementary school or secondary 17 school that is not a public school that enrolls a 18 student who receives special education and re- 19 lated services under the Individuals with Dis- 20 abilities Education Act (20 U.S.C. 1400 et 21 seq.). 22 (7) PROGRAM PERSONNEL.— 23 (A) IN GENERAL.—Subject to subpara- 24 graph (B), the term ‘‘program personnel’’ 25 VerDate Sep 11 2014 00:18 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1762.IS S1762 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 1762 IS means any agent of a program, including an in- 1 dividual who is employed by a program, or who 2 performs services for a program on a contrac- 3 tual basis, including— 4 (i) school leaders; 5 (ii) teachers; 6 (iii) specialized instructional support 7 personnel; 8 (iv) paraprofessionals; or 9 (v) other staff. 10 (B) EXCLUSION.—Notwithstanding sub- 11 paragraph (A), program personnel shall not in- 12 clude a law enforcement officer or a school se- 13 curity guard. 14 (8) PROTECTION AND ADVOCACY SYSTEM.—The 15 term ‘‘protection and advocacy system’’ means a 16 protection and advocacy system established under 17 section 143 of the Developmental Disabilities Assist- 18 ance and Bill of Rights Act of 2000 (42 U.S.C. 19 15043). 20 (9) LAW ENFORCEMENT OFFICER.—The term 21 ‘‘law enforcement officer’’— 22 (A) means any person who— 23 (i) is a State, Tribal, or local law en- 24 forcement officer (as defined in section 25 VerDate Sep 11 2014 00:18 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1762.IS S1762 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 1762 IS 1204 of title I of the Omnibus Crime Con- 1 trol and Safe Streets Act of 1968 (34 2 U.S.C. 10284)); and 3 (ii) is assigned by the employing law 4 enforcement agency to a program, who is 5 contracting with a program, or who is em- 6 ployed by a program; and 7 (B) includes an individual referred to as a 8 ‘‘school resource officer’’ if that individual 9 meets the definition in subparagraph (A). 10 (10) SCHOOL SECURITY GUARD.—The term 11 ‘‘school security guard’’ means an individual who is 12 not a sworn law enforcement officer and who is re- 13 sponsible for addressing one or more of the following 14 safety and crime prevention activities in and around 15 a program: 16 (A) Assisting program personnel in safety 17 incidents. 18 (B) Educating students in crime and ille- 19 gal drug use prevention and safety. 20 (C) Developing or expanding community 21 justice initiatives for students. 22 (D) Training students in conflict resolution 23 and supporting restorative justice programs. 24 VerDate Sep 11 2014 00:18 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1762.IS S1762 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 1762 IS (E) Serving as a liaison between the pro- 1 gram and outside agencies, including other law 2 enforcement agencies. 3 (F) Screening students or visitors to the 4 program for prohibited items. 5 (11) STUDENT.—The term ‘‘student’’ means an 6 individual enrolled in a program. 7 TITLE I—PROHIBITION OF 8 CORPORAL PUNISHMENT 9 SEC. 101. PROHIBITION OF CORPORAL PUNISHMENT. 10 (a) PROHIBITION.—No student shall be subjected to 11 corporal punishment by program personnel, a law enforce- 12 ment officer, or a school security guard under any pro- 13 gram which receives Federal financial assistance. 14 (b) PRIVATE RIGHT OF ACTION.—A student who has 15 been subjected to corporal punishment by program per- 16 sonnel, a law enforcement officer, or a school security 17 guard in violation of subsection (a), or the parent of such 18 student, may file a civil action in any Federal or State 19 court of competent jurisdiction against the program under 20 which the violation is alleged to have occurred for attor- 21 neys’ fees, expert fees, injunctive relief, and compensatory 22 damages. 23 VerDate Sep 11 2014 00:18 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1762.IS S1762 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 1762 IS SEC. 102. CIVIL ACTIONS BY THE ATTORNEY GENERAL. 1 Whenever the Attorney General receives a complaint 2 in writing signed by a parent (including a legal guardian) 3 or a group of parents (including legal guardians) to the 4 effect that the minor children of such a parent or parents 5 are being deprived by a program of the right under this 6 Act to not be subject to corporal punishment by program 7 personnel, law enforcement officers, or school security 8 guards and the Attorney General believes the complaint 9 is meritorious, the Attorney General is authorized, after 10 giving notice of such complaint to the appropriate pro- 11 gram and after certifying that the Attorney General is sat- 12 isfied that such program has had a reasonable time to ad- 13 just the conditions alleged in such complaint, to institute 14 for or in the name of the United States a civil action in 15 any appropriate district court of the United States against 16 such parties and for such relief as may be appropriate, 17 and such court shall have and shall exercise jurisdiction 18 of proceedings instituted pursuant to this section. The At- 19 torney General may implead as defendants such additional 20 parties as are or become necessary to the grant of effective 21 relief hereunder. 22 SEC. 103. ENFORCEMENT BY THE OFFICE FOR CIVIL 23 RIGHTS. 24 (a) REFERRAL TO OFFICE FOR CIVIL RIGHTS.—The 25 Secretary shall refer any complaint alleging a violation of 26 VerDate Sep 11 2014 00:18 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1762.IS S1762 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 1762 IS section 101(a) to the Office for Civil Rights of the Depart- 1 ment of Education for an investigation. 2 (b) PROCESS FOR REFERRAL.—Not later than 90 3 days after the date of the enactment of this Act, the Sec- 4 retary shall develop and implement a procedure for receiv- 5 ing a complaint alleging a violation of section 101(a). 6 (c) FAILURE TO COMPLY.—In the event that a pro- 7 gram has failed to comply with section 101(a), the Sec- 8 retary shall carry out at least one of the following: 9 (1) Withhold from such program, in whole or in 10 part, further payments (including payments for ad- 11 ministrative costs) under an applicable program (as 12 such term is defined in section 400(c) of the General 13 Education Provisions Act (20 U.S.C. 1221(c))) in 14 accordance with section 455 of such Act (20 U.S.C. 15 1234d). 16 (2) Enter into a compliance agreement in ac- 17 cordance with section 457 of the General Education 18 Provisions Act (20 U.S.C. 1234f). 19 (3) Issue a complaint to compel compliance of 20 such program through a cease and desist order, in 21 the same manner the Secretary is authorized to take 22 such action under section 456 of the General Edu- 23 cation Provisions Act (20 U.S.C. 1234e). 24 VerDate Sep 11 2014 00:18 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1762.IS S1762 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •S 1762 IS (d) CESSATION OF WITHHOLDING OF FUNDS.—If 1 the Secretary determines (whether by certification or other 2 appropriate evidence) that a program that is subject to 3 the withholding of payments under subsection (c)(1) of 4 this section has cured the failure providing the basis for 5 the withholding of payments on a date that is within one 6 year from the date on which such payments were first 7 withheld, the Secretary shall— 8 (1) cease the withholding of payments with re- 9 spect to that program under such subsection; and 10 (2) reimburse all the withheld payments under 11 such subsection to such program. 12 (e) WITHHELD FUNDS.—The funds appropriated or 13 made available for the payments that were withheld under 14 subsection (c)(1) shall be available for expenditure to that 15 program pursuant to this subsection for up to one year 16 from the date upon which the determination in subsection 17 (d) was made. 18 (f) RULE OF CONSTRUCTION.—Nothing in this sec- 19 tion shall be construed to limit the Secretary’s authority 20 under the General Education Provisions Act (20 U.S.C. 21 1221 et seq.). 22 VerDate Sep 11 2014 00:18 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1762.IS S1762 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •S 1762 IS SEC. 104. PARENT NOTIFICATION AND PROTECTION AND 1 ADVOCACY SYSTEMS. 2 (a) NOTIFICATION.—If a student is subject to cor- 3 poral punishment committed by program personnel, a law 4 enforcement officer, or a school security guard at a pro- 5 gram, the program serving such student shall notify, in 6 writing, not later than 24 hours after such use of force 7 occurs, the facts of such use of force to— 8 (1) the parent or parents of such student; 9 (2) the State educational agency; and 10 (3) the local law enforcement agency. 11 (b) N [Text truncated for display. Full text available on Congress.gov.]