Positive Behavior for Effective Schools Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to allow states to allocate school improvement funds under title I of the ESEA for coordinated, early intervention services for all students. Includes among such services, schoolwide positive behavior support, defined as a systematic approach to embed proven practices for early intervention services in order to achieve important social outcomes and increase student learning, while preventing problem behaviors.
Requires improvements in schoolwide learning climates, including schoolwide positive behavior supports, to be a target of: (1) technical assistance provided by states to local educational agencies (LEAs) and schools, and by LEAs to schools identified as needing improvement; (2) schoolwide programs that allow LEAs to consolidate educational funds to upgrade the entire educational program of schools that serve a high proportion of low-income families; (3) professional development funding; (4) funding under the Safe and Drug-Free Schools and Communities program; and (5) elementary and secondary school counseling programs.
Amends the Department of Education Organization Act to establish, within the Department of Education, an Office of Specialized Instructional Support Services to oversee, implement, and ensure adequate evaluation of, the provision of specialized instructional support services in schools by school counselors, social workers, psychologists, and other qualified professionals.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2111 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 2111
To amend the Elementary and Secondary Education Act of 1965 to allow
State educational agencies, local educational agencies, and schools to
increase implementation of early intervention services, particularly
school-wide positive behavior supports.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 27, 2007
Mr. Obama (for himself, Mr. Durbin, and Mr. Sanders) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Elementary and Secondary Education Act of 1965 to allow
State educational agencies, local educational agencies, and schools to
increase implementation of early intervention services, particularly
school-wide positive behavior supports.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Positive Behavior for Effective
Schools Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Educators, parents, and the general public cite a lack
of discipline as a leading challenge facing many public
schools.
(2) Negative and reactive school management practices, such
as metal detectors or surveillance cameras, and zero tolerance
or other get-tough approaches to school discipline, are
ineffective and often counterproductive.
(3) Learning is linked to student behavior. Successful
schools implement high academic and behavior standards, where
improvements in student behavior and school climate are
correlated with improved academic outcomes.
(4) Effective implementation of positive behavior supports
is linked to greater academic achievement, significantly fewer
disciplinary problems, lower suspension and expulsion rates,
and increased time for instruction.
(5) Evidence-based and scientifically valid practices for
improving behavior and creating a school climate more conducive
to learning have not been widely adopted, accurately
implemented, or sustained.
(6) Early intervening services are an effective strategy
for instructional support. Following implementation of positive
behavior support, out-of-school suspensions at an elementary
school in Illinois decreased 85 percent, from 243 to 37 or
fewer in 2 subsequent years, with a resultant gain of 386 days
of instructional time. The percentage of students meeting or
exceeding proficiency on State standards increased measurably.
(7) Problem behaviors can be minimized with effective
positive behavior support, including active supervision,
positive feedback, and social skills instruction, which reduce
the need for more intensive and more costly interventions. Upon
implementing such supports, an elementary school in Maryland
witnessed a decrease in office discipline referrals for major
rule violations by 42 percent, recouping 119 days of
instructional time for students, and 40 days of administrator
time, within 1 school year.
(8) Schools that implement school-wide positive behavior
supports are perceived by teachers to be safer teaching
environments. In South Carolina, a school using a system of
positive behavior supports found that teacher transfer requests
declined by 100 percent and teacher absence days decreased by
36 percent.
(9) When approaches such as positive behavior support are
paired with effective interventions and services for students
with significant needs, all students, including those with the
most challenging behaviors, can succeed.
(b) Purposes.--The purposes of this Act are to expand the use of
positive behavior supports and other early intervening services in
schools in order to systematically create a school climate that is
highly conducive to learning, to reduce discipline referrals, and to
improve student academic outcomes.
SEC. 3. DEFINITION OF POSITIVE BEHAVIOR SUPPORT.
In this Act, the term ``positive behavior support'' means a
systematic approach to embed proven practices for early intervening
services, including a range of systemic and individualized strategies
to reinforce desired behaviors and eliminate reinforcement for problem
behaviors, in order to achieve important social outcomes and increase
student learning, while preventing problem behaviors.
SEC. 4. SCHOOLWIDE POSITIVE BEHAVIOR SUPPORT.
(a) Flexibility To Use Title I Funds To Implement School-Wide
Positive Behavior Support.--
(1) In general.--Section 1003(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6303(b)) is
amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by inserting ``(1)'' before ``Of the amount'';
and
(C) by adding at the end the following:
``(2) Of the amount reserved under subsection (a) for any fiscal
year, the State educational agency may allocate funds to develop and
implement coordinated, early intervening services (including school-
wide positive behavior supports) for all students, including those who
have not been identified as needing special education but who need
additional academic and behavioral support to succeed in a general
education environment. Funds so allocated shall be--
``(A) aligned with funds authorized under section 613(f) of
the Individuals with Disabilities Education Act; and
``(B) used to supplement, and not supplant, funds made
available under such Act for such activities and services.''.
(2) Technical assistance.--The Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended--
(A) in section 1116(b)(4)(B)--
(i) by redesignating clauses (iii) and (iv)
as clauses (iv) and (v), respectively; and
(ii) by inserting after clause (ii) the
following:
``(iii) shall include assistance in
implementation of school-wide positive behavior
supports and other approaches with evidence of
effectiveness for improving the learning
environment in the school;'';
(B) in section 1117(a)(3), by inserting ``any
technical assistance center on schoolwide positive
behavior supports funded under section 665(b) of the
Individuals with Disabilities Education Act,'' after
``2002),''; and
(C) in section 1117(a)(5)(B)--
(i) by redesignating clauses (iii) and (iv)
as clauses (iv) and (v), respectively; and
(ii) by inserting after clause (ii) the
following:
``(iii) review the number of discipline
referrals in the school and the overall school
climate and engagement of families, and use
that information to assist the school to
implement school-wide positive behavior
supports or other early intervening services,
or both;''.
(b) LEA Flexibility To Improve School Climate.--Section
1114(b)(1)(B)(iii)(I) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6314(b)(1)(B)(iii)(I)) is amended--
(1) by redesignating items (bb) and (cc) as items (cc) and
(dd), respectively; and
(2) by inserting after item (aa) the following:
``(bb) improving the
learning environment in the
school, including the
implementation of school-wide
positive behavioral supports,
in order to improve academic
outcomes for students;''.
SEC. 5. TEACHER AND PRINCIPAL PREPARATION TO IMPROVE SCHOOL CLIMATE.
Section 2122(c)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6622(c)(2)) is amended--
(1) by striking ``subject matter knowledge and teaching
skills'' and inserting ``subject matter knowledge, teaching
skills, and an understanding of social or emotional, or both,
learning in children and approaches that improve the school
climate for learning (such as positive behavior support)''; and
(2) by inserting ``to improve the teachers' schools'
climate for learning'' after ``instructional leadership skills
to help teachers''.
SEC. 6. SAFE AND DRUG FREE SCHOOLS AND COMMUNITIES.
Section 4002 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7102) is amended--
(1) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(2) by striking all that precedes paragraph (2) and
inserting the following: ``The purpose of this part is to
support programs that improve the whole school climate in order
to foster learning, including programs that prevent discipline
problems, that prevent violence in and around schools, that
prevent the illegal use of alcohol, tobacco, and drugs, that
involve parents and communities in the school programs and
activities, and that are coordinated with related Federal,
State, school, and community efforts and resources to foster a
safe and drug-free learning environment that supports student
academic achievement, through the provision of Federal
assistance to--
``(1) States for grants to local educational agencies and
consortia of such agencies to establish, operate, and improve
local programs relating to improving the school-wide climate
(including implementation of positive behavior supports and
other programs);''.
SEC. 7. EARLY INTERVENING SERVICES UNDER SCHOOL COUNSELORS PROGRAM.
Section 5421(b)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7245(b)(2)) is amended--
(1) by redesignating subparagraphs (C) through (H) as
subparagraphs (D) through (I), respectively; and
(2) by inserting after subparagraph (B) the following:
``(C) describe how the local educational agency
will address the need for early intervening services
that improve the school climate for learning, such as
through schoolwide positive behavior supports;''.
SEC. 8. OFFICE OF SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES.
The Department of Education Organization Act (20 U.S.C. 3401 et
seq.) is amended by adding at the end of title II the following:
``SEC. 221. OFFICE OF SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES.
``(a) In General.--There shall be, within the Office of the Deputy
Secretary in the Department of Education, an Office of Specialized
Instructional Support Services (referred to in this section as the
`Office').
``(b) Purpose.--The purpose of the Office shall be to administer,
coordinate, implement, and ensure adequate evaluation of the
effectiveness of programs and activities concerned with providing
specialized instructional support services in schools, delivered by
trained, qualified specialized instructional support personnel.
``(c) Director.--The Office established under subsection (a) shall
be headed by a Director who shall be selected by the Secretary and
report directly to the Deputy Secretary of Education.
``(d) Activities.--In carrying out subsection (b), the Director
shall support activities to--
``(1) improve specialized instructional support services in
schools in order to improve academic achievement and
educational results for students;
``(2) identify scientifically valid practices in
specialized instructional support services that support
learning and improve academic achievement and educational
results for students;
``(3) provide continuous training and professional
development opportunities for specialized instructional support
personnel and other school personnel in the use of effective
techniques to address academic, behavioral, and functional
needs;
``(4) provide technical assistance to local educational
agencies and State educational agencies in the provision of
effective, scientifically valid, specialized instructional
support services;
``(5) coordinate specialized instructional support services
programs and services in schools between the Department of
Education and other Federal agencies, as appropriate; and
``(6) ensure evaluation of the effectiveness of the
activities described in this subsection, as directed by the
Secretary and Deputy Secretary.
``(e) Specialized Instructional Support Personnel; Specialized
Instructional Support Services.--In this section:
``(1) Specialized instructional support personnel.--The
term `specialized instructional support personnel' means school
counselors, school social workers, school psychologists, and
other qualified professional personnel involved in providing
assessment, diagnosis, counseling, educational, therapeutic,
and other necessary corrective or supportive services
(including related services, as such term is defined in section
602 of the Individuals with Disabilities Education Act) as part
of a comprehensive program to meet student needs.
``(2) Specialized instructional support services.--The term
`specialized instructional support services' means the services
provided by specialized instructional support personnel,
including any other corrective or supportive services to meet
student needs.''.
SEC. 9. DEFINITION IN ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.
Section 9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801) is amended--
(1) by redesignating paragraphs (33) through (43) as
paragraphs (34) through (44); and
(2) by inserting after paragraph (32) the following:
``(33) Positive behavior support.--The term `positive
behavior support' means a systematic approach to embed proven
practices for early intervening services, including a range of
systemic and individualized strategies to reinforce desired
behaviors and eliminate reinforcement for problem behaviors, in
order to achieve important social outcomes and increase student
learning, while preventing problem behaviors.''.
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Introduced in Senate
Sponsor introductory remarks on measure. (CR S12291)
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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