Promoting Responsible Emergency Protocols for All Students Act or the PREP for All Students Act of 2020
This bill establishes the Council on Emergency Response Protocols. The council must, among other duties, provide guidelines for states, early child care and education settings, local educational agencies, and institutions of higher education to use in developing and implementing emergency response protocols (e.g., gun violence response and prevention protocols, natural disaster preparedness procedures, and fire drills) that are inclusive and accessible.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8869 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8869
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 childcare and education settings, and institutions of
higher education, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 3, 2020
Ms. Wild (for herself and Mr. Fitzpatrick) introduced the following
bill; which was referred to the Committee on Education and Labor
_______________________________________________________________________
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 childcare and education settings, and institutions of
higher education, and for other purposes.
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 ``Promoting Responsible Emergency
Protocols for All Students Act'' or the ``PREP for All Students Act of
2020''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The lack of accessible, developmentally appropriate,
culturally aware, and trauma-informed emergency response
protocols for children and youth in public schools, early
childcare and education settings, and institutions of higher
education is not a trivial issue:
(A) In 2016, there were 12,032,000 children from
ages 3 to 5 enrolled in preprimary education programs,
and almost one-quarter of children under the age of 5
are in some form of childcare arrangement, including
nurseries, childcare centers, and preschools.
(B) In the 2017-2018 school year--
(i) 14 percent of students in grades
kindergarten through grade 12 had a disability;
and
(ii) 11 percent of students in
postbaccalaureate programs self-identified as
having a disability.
(2) As of the date of enactment of this Act, little has
been done to integrate specific populations, such as children
and youth at various developmental stages or children and youth
with disabilities, into emergency preparedness planning.
(3) In 2018 alone, there were 108 natural disasters in the
United States, including severe thunderstorms, floods,
wildfires, droughts, earthquakes, and other extreme weather.
(4) During the 16 academic years from 2000 through 2015,
there were 85 fatal fires in dormitories, fraternities,
sororities, and off-campus housing, resulting in 118
fatalities--an average of approximately 7 per school year.
(5) The risks associated with natural and manmade disasters
have a disproportionate impact on individuals with
disabilities. People with disabilities are 2 to 4 times more
likely to die or sustain critical injuries during a disaster
than people without disabilities.
(6) Technology plays an increasingly vital role in
emergency communications but remains largely inaccessible for
many individuals with disabilities.
(7) The rise of gun violence and gun violence-related
deaths has contributed to the expansion of school security
technologies and devices. While such technologies and devices
have the potential to save lives, they have largely been
developed without consideration of the needs of students at
various developmental stages or students with disabilities.
Thus, there may be inherent biases within these technologies
and devices that disadvantage or create bias toward specific
populations.
(8) As of the date of enactment of this Act, 92 percent of
schools nationwide have an active shooter lockdown protocol.
More than 1,000,000 elementary-age children experienced a
lockdown in the 2017-2018 school year, and among that group, at
least 220,000 were in kindergarten or prekindergarten.
(9) While the Department of Homeland Security active
shooter emergency guidelines recommend that students and
personnel in school and early childcare and education settings
``Run, Hide, and Fight'', these strategies can exacerbate
danger for young children in prekindergarten and childcare
centers, and can exclude and put at risk students with a wide
range of disabilities.
(10) At the height of the 2019 novel coronavirus (COVID-19)
pandemic, emergency closures of early education centers,
elementary schools, secondary schools, and institutions of
higher education created great disruptions in learning and cast
a light on educational institutions' lack of preparedness
protocols for public health emergencies.
(11) During the pandemic, early care and education remains
indispensable for the development of children and for millions
of health care workers, first responders, educators, and
essential personnel, and it is imperative that early care and
education centers and schools have emergency preparedness plans
to ensure the safety of students and educators.
(12) Emergency preparation drills and real-life lockdowns
where danger may be external can create undue stress, fear, and
trauma in children, youth, employees, and other specific
populations in schools, early childcare and education settings,
and institutions of higher education.
(13) Traumatic events have a long-lasting and profound
sensory impact on young children, as birth to age 5 is a
critical developmental age. Frightening visual stimuli, loud
noises, violent movements, and other sensations associated with
an unpredictable frightening event, such as in an emergency
preparation drill or lockdown, can cause substantial stress.
Unlike older children, young children cannot express in words
whether they feel afraid, overwhelmed, or helpless, and may
have difficulty regulating their behavior and emotions after
experiencing trauma.
(14) There is an increasing need to ensure the
establishment of accessible, developmentally appropriate,
culturally aware, and trauma-informed emergency response
protocols, including gun violence response and prevention
protocols, natural disaster preparedness procedures, fire
drills, and other emergency preparation drills or lockdown
procedures, in public schools, early childcare and education
settings, and institutions of higher education.
SEC. 3. DEFINITIONS.
In this Act:
(1) ESEA definitions.--The terms ``elementary school'',
``local educational agency'', ``paraprofessional'', ``school
leader'', ``secondary school'', and ``specialized instructional
support personnel'' have the meanings given the terms in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(2) Accessible.--The term ``accessible'', when used with
respect to an emergency response protocol, means a protocol
that--
(A) is developed in full compliance with title II
of the Americans with Disabilities Act of 1990 (42
U.S.C. 12131 et seq.) and the Rehabilitation Act of
1973 (29 U.S.C. 701 et seq.); and
(B) accounts for a comprehensive range of
disabilities, including children and youth who use non-
speech modes of communication.
(3) Council.--The term ``Council'' means the Council on
Emergency Response Protocols established under section 4.
(4) Culturally aware.--The term ``culturally aware'', when
used with respect to an emergency response protocol, means a
protocol that--
(A)(i) incorporates the roles of first responder
personnel, law enforcement personnel, school resource
officers, and other authorities in the communities
where the students live and attend school;
(ii) takes into account the use and prevalence of
firearms in such communities; and
(iii) is cognizant of the ways in which African
American students and students of other racial or
ethnic minority groups are more likely to face
disciplinary action in schools;
(B) is designed to be sensitive to and respect
cultural differences and differences in customs and
worldview; and
(C) considers the ways in which certain emergency
events have disparate impact on African Americans,
Native peoples, and other racial and ethnic minorities.
(5) Developmentally appropriate.--The term
``developmentally appropriate'', when used with respect to an
emergency response protocol, means a protocol that is
appropriate for children's ages and physical, social, sensory,
and emotional developmental statuses.
(6) Disability.--The term ``disability'' has the meaning
given the term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(7) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(8) Trauma-informed.--The term ``trauma-informed'', when
used with respect to an emergency response protocol, means a
protocol that--
(A) recognizes the prevalence of trauma and the
role that trauma plays in the lives of children, youth,
and survivors of trauma;
(B) considers the physical, psychological, and
emotional well-being of individuals during and after an
emergency event; and
(C) takes an approach that actively combats the
traumatization or retraumatization of children, youth,
and survivors of trauma.
SEC. 4. ESTABLISHMENT OF COUNCIL ON EMERGENCY RESPONSE PROTOCOLS.
(a) Establishment.--There is established a Council on Emergency
Response Protocols.
(b) Composition.--
(1) Chairperson.--The Secretary of Education, in an
expeditious manner, shall appoint an individual who represents
one of the categories described in paragraph (2) to serve as a
member and chairperson of the Council.
(2) Appointed members.--By not later than 90 days after the
date of enactment of this Act, the chairperson of the Council
shall appoint a member to the Council for each of the following
categories (except for the category represented by the
chairperson):
(A) An executive director or a representative from
a national organization representing individuals with
disabilities.
(B) An executive director or a representative from
a national organization representing early childcare
educators.
(C) The executive director or a representative from
a national organization representing law enforcement
officials.
(D) The executive director or a representative from
an organization focused on emergency preparedness
training in early childcare.
(E) A member of an organization representing
teachers, school leaders, specialized instructional
support personnel, and paraprofessionals.
(F) A member of an organization representing
school-based child welfare and mental health
professionals.
(G) An individual with a physical, sensory,
intellectual, or developmental disability who has
demonstrated disability advocacy experience in
kindergarten through grade 12 education.
(H) An individual with a mental health disability
who has been enrolled in an institution of higher
education for at least a year during the 5 years prior
to the date of the individual's appointment to the
Council.
(I) An individual with a physical, sensory,
intellectual, or developmental disability who has been
enrolled in an institution of higher education for a
year prior to the date of the individual's appointment
to the Council.
(J) A parent or guardian of a child in an early
childcare and education program.
(K) A parent or guardian of a child with a
physical, sensory, intellectual, or developmental
disability in--
(i) an early childcare and education
program; or
(ii) a public elementary school or
secondary school.
(3) Federal members.--
(A) Department of education members.--The following
officers of the Department of Education shall serve as
members of the Council:
(i) The Assistant Secretary of the Office
of Planning, Evaluation, and Policy
Development.
(ii) The Assistant Secretary of the Office
of Special Education and Rehabilitative
Services.
(iii) The Assistant Secretary for Civil
Rights.
(iv) The Director for the Office of Early
Learning.
(v) The Director of the Office of Special
Education Programs.
(B) Health and human services members.--The
following officers of the Administration for Children
and Families of the Department of Health and Human
Services shall serve as members of the Council:
(i) The Director of the Office of Child
Care.
(ii) The Director of the Office of Head
Start.
(C) FEMA member.--The Administrator of the Federal
Emergency Management Agency shall serve as a member of
the Council.
(4) Additional requirements.--The chairperson shall ensure
that not less than 1 of the members appointed under paragraph
(2) has directly experienced, as a student, gun violence or
another emergency event in which a lockdown protocol was
enforced in an educational setting that was the primary target
of the emergency event.
(c) Meetings.--
(1) Initial meeting.--The Council shall hold its first
meeting not later than 90 days after the date of enactment of
this Act.
(2) Frequency.--The Council shall meet at the call of the
chairperson.
(3) Quorum.--A majority of the members of the Council shall
constitute a quorum, but a lesser number of members may hold
hearings.
SEC. 5. DUTIES.
(a) Hearing.--The Council shall hold a hearing with relevant
stakeholders, including students and educators, principals and other
school leaders, childcare experts, disability advocates, civil rights
advocates, law enforcement, security experts, and others, not later
than 120 days after the date of enactment of this Act.
(b) Study and Review.--The Council shall--
(1) study emergency response protocols, including gun
violence response and prevention protocols, natural disaster
preparedness procedures, fire drills, and other emergency
preparation drills or lockdown procedures, for educational
settings including early childcare and education settings,
elementary schools and secondary schools, and institutions of
higher education; and
(2) conduct a complete and thorough review of the relevant
literature and research surrounding emergency response
protocols in such educational settings and the impact that
emergency response protocols can have on specific populations
of children, youth, and employees, including the effects on
children living in poverty and children of color.
(c) Recommendations and Guidelines.--After completing the study and
review described in subsection (b), the Council shall provide--
(1) recommendations that ensure that States, early
childcare and education settings, local educational agencies,
and institutions of higher education are provided with accurate
information about the needs of specific populations of
children, youth, and employees during emergencies;
(2) guidelines for States, early childcare and education
settings, local educational agencies, and institutions of
higher education to use in developing and implementing
emergency response protocols, including gun violence response
and prevention protocols, natural disaster preparedness
procedures, fire drills, and other emergency preparation drills
or lockdown procedures, that are inclusive and accessible; and
(3) guidelines--
(A) for the development and implementation of
accessible, developmentally appropriate, culturally
aware, and trauma-informed emergency response
protocols, including gun violence response and
prevention protocols, natural disaster preparedness
procedures, fire drills, and other emergency
preparation drills or lockdown procedures, that include
information about--
(i) preparedness drills, including
discussions and seminars on emergency
preparedness, workshops, and full-scale
emergency simulations;
(ii) emergency communications;
(iii) training for educators, early
childcare and education staff, administrators,
and support personnel, including--
(I) training addressing implicit
biases on the basis of race, national
origin, socioeconomic status, religion,
disability, and sex (including sexual
orientation and gender identity); and
(II) other training to ensure the
nondiscriminatory application of
protocols and treatment of students;
(iv) the use of technology; and
(v) other issues determined appropriate by
the Council;
(B) for the use of Federal funds by States, early
childcare and education programs, local educational
agencies, and institutions of higher education to
develop and implement emergency response protocols,
including gun violence response and prevention
protocols, natural disaster preparedness procedures,
fire drills, and other emergency preparation drills or
lockdown procedures, that are inclusive and accessible;
and
(C) for States to create and develop
recommendations for oversight for public elementary
schools and secondary schools, early childcare and
education settings, and institutions of higher
education to ensure any emergency response protocols--
(i) are inclusive and accessible;
(ii) protect student privacy; and
(iii) avoid exacerbating risk for children
and youth with disabilities, young children,
employees, and other specific populations.
(d) Report.--By not later than 18 months after the date of
enactment of this Act, the Council shall prepare and submit to Congress
a detailed report that contains--
(1) findings from stakeholders related to the challenges
faced by children and youth with disabilities, young children,
and other specific populations with regard to emergency
response protocols, including gun violence response and
prevention protocols, natural disaster preparedness procedures,
fire drills, and other emergency preparation drills or lockdown
procedures; and
(2) the recommendations and guidelines described in
subsection (c).
SEC. 6. POWERS OF COUNCIL.
(a) Hearings.--The Council may hold such hearings, sit and act at
such times and places, take such testimony, and receive such evidence
as the Council considers advisable to carry out this Act.
(b) Information From Federal Agencies.--
(1) In general.--The Council may secure directly from a
Federal department or agency such information as the Council
considers necessary to carry out this Act.
(2) Furnishing information.--On request of the chairperson
of the Council, the head of the department or agency shall
furnish the information to the Council.
(c) Postal Services.--The Council may use the United States mails
in the same manner and under the same conditions as other departments
and agencies of the Federal Government.
SEC. 7. COUNCIL PERSONNEL MATTERS.
(a) Compensation of Members.--Only members of the Council
representing categories described in subparagraphs (G) through (K) of
section 4(b)(2) shall be compensated for their work for the Council.
Such members may receive compensation at a rate equal to the daily
equivalent of the annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the members are
engaged in the performance of the duties of the Council.
(b) Travel Expenses.--A member of the Council shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Council.
(c) Staff.--
(1) In general.--The chairperson of the Council may,
without regard to the civil service laws (including
regulations), appoint and terminate an executive director and
such other additional personnel as may be necessary to enable
the Council to perform its duties, except that the employment
of an executive director shall be subject to confirmation by
the Council.
(2) Compensation.--The chairperson of the Council may fix
the compensation of the executive director and other personnel
without regard to chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate
of pay for the executive director and other personnel may not
exceed the rate payable for level V of the Executive Schedule
under section 5316 of that title.
(d) Detail of Government Employees.--A Federal Government employee
may be detailed to the Council without reimbursement, and such detail
shall be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent Services.--The
chairperson of the Council may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals that do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of that title.
SEC. 8. TERMINATION OF COUNCIL.
The Council shall terminate 60 days after the date on which the
Council submits the report required under section 5(d).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Council to carry out this Act a total of $500,000 for fiscal years 2021
and 2022.
(b) Availability.--Any sums appropriated under subsection (a) shall
remain available, without fiscal year limitation, until expended.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
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