Ending Punitive, Unfair, School-based Harm that is Overt and Unresponsive to Trauma Act of 2021 or the Ending PUSHOUT Act of 2021
This bill requires the Department of Education (ED) to award grants to local educational agencies and nonprofit organizations for the purpose of reducing suspension and expulsion of students (i.e., exclusionary disciplinary practices).
The bill requires ED to collect data on exclusionary discipline in schools.
It also establishes a joint task force to end school pushout.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2248 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2248
To reduce exclusionary discipline practices in schools, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 26, 2021
Ms. Pressley (for herself, Mrs. Watson Coleman, Ms. Omar, Mrs. Beatty,
Ms. Lee of California, Mr. Hastings, and Ms. Clarke of New York)
introduced the following bill; which was referred to the Committee on
Education and Labor
_______________________________________________________________________
A BILL
To reduce exclusionary discipline practices in schools, 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 ``Ending Punitive, Unfair, School-
based Harm that is Overt and Unresponsive to Trauma Act of 2021'' or
the ``Ending PUSHOUT Act of 2021''.
SEC. 2. PURPOSE.
It is the purpose of this Act to--
(1) strengthen data collection related to exclusionary
discipline practices in schools and the discriminatory
application of such practices, which disproportionately impacts
students of color, particularly girls of color;
(2) eliminate the discriminatory use and overuse of
exclusionary discipline practices based on actual or perceived
race, ethnicity, color, national origin, sex (including sexual
orientation, gender identity, pregnancy, childbirth, a medical
condition related to pregnancy or childbirth, or other
stereotype related to sex), or disability; and
(3) prevent the criminalization and pushout of students
from school, especially Black and brown girls, as a result of
educational barriers that include discrimination,
adultification, punitive discipline policies and practices, and
a failure to recognize and support students with mental health
needs or experiencing trauma.
SEC. 3. STRENGTHENING CIVIL RIGHTS DATA COLLECTION WITH RESPECT TO
EXCLUSIONARY DISCIPLINE IN SCHOOLS.
(a) In General.--The Assistant Secretary for Civil Rights shall
annually carry out data collection authorized under section 203(c)(1)
of the Department of Education Organization Act (20 U.S.C. 3413(c)(1)),
which shall include data with respect to students enrolled in a public
preschool, elementary, or secondary school (including traditional
public, charter, virtual, special education school, and alternative
schools) who received the following disciplinary actions during the
preceding school year:
(1) Suspension (including the classification of the
suspension as in-school suspension or out-of-school
suspension), which shall include data with respect to--
(A) the number of students who were suspended;
(B) the number and length of suspensions each such
student received;
(C) the reason for each such suspension,
including--
(i) a violation of a zero-tolerance policy
and whether such violation was due to a violent
or nonviolent offense;
(ii) a violation of an appearance or
grooming policy;
(iii) an act of insubordination;
(iv) willful defiance; and
(v) a violation of a school code of
conduct; and
(D) the number of days of lost instruction due to
each out-of-school suspension.
(2) Expulsion, which shall include data with respect to--
(A) the number of students who were expelled; and
(B) the reason for each such expulsion, including--
(i) a violation of a zero-tolerance policy
and whether such violation was due to a violent
or nonviolent offense;
(ii) a violation of an appearance or
grooming policy;
(iii) an act of insubordination, willful
defiance, or violation of a school code of
conduct; and
(iv) the use of profane or vulgar language.
(3) The number of students subject to an out-of-school
transfer to a different school, including a virtual school, and
if so, the primary reason for each such transfer.
(4) The number of students subject to a referral to law
enforcement, including the primary reason for each such
referral, and whether such referral resulted in an arrest.
(b) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Assistant Secretary for Civil Rights shall submit to Congress a
report on the data collected under subsection (a).
(2) Requirements.--The report required under paragraph (1)
shall--
(A) identify, with respect to the data collected
under subsection (a), schools, local educational
agencies, and States that demonstrate, in the opinion
of the Secretary, the overuse and discriminatory use of
exclusionary disciplinary practices;
(B) be disaggregated and cross tabulated by--
(i) enrollment in a preschool or in an
elementary school and secondary school by grade
level;
(ii) race;
(iii) ethnicity;
(iv) sex (including, to the extent
possible, sexual orientation and gender
identity);
(v) low-income status;
(vi) disability status (including students
eligible for disability under the Individuals
with Disabilities Education Act (20 U.S.C. 1401
et. seq.) or section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794));
(vii) English learner status;
(viii) Tribal citizenship or descent, in
the first or second degree, of an Indian Tribe;
and
(ix) if applicable, pregnant and parenting
student status;
(C) be publicly accessible in multiple languages,
accessibility formats, and provided in a language that
parents, family, and community members can understand;
and
(D) be presented in a manner that protects the
privacy of individuals consistent with the requirements
of section 444 of the General Education Provisions Act
(20 U.S.C. 1232g), commonly known as the ``Family
Educational Rights and Privacy Act of 1974''.
SEC. 4. GRANTS TO REDUCE EXCLUSIONARY SCHOOL DISCIPLINE PRACTICES.
(a) In General.--The Secretary shall award grants (which shall be
known as the ``Healing School Climate Grants''), on a competitive
basis, to eligible entities for the purpose of reducing the overuse and
discriminatory use of exclusionary discipline practices in schools.
(b) Application.--An eligible entity seeking a grant under this
section shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require, including an assurance that the eligible entity shall
prioritize schools with the highest rates of suspensions and
expulsions. The Secretary shall make applications publicly accessible
in an appropriate digital format.
(c) Program Requirement.--An eligible entity that receives a grant
under subsection (a) shall prohibit the use of--
(1) out-of-school suspension or expulsion for any student
in preschool through grade 5 for incidents that do not involve
serious bodily injury;
(2) out-of-school suspension or expulsion for any student
in preschool through grade 12 for insubordination, willful
defiance, vulgarity, truancy, tardiness, chronic absenteeism,
or as a result of a violation of a grooming or appearance
policy;
(3) corporal punishment;
(4) seclusion;
(5) a mechanical or chemical restraint on a student; or
(6) a physical restraint on a student, except when--
(A) the behavior of a student poses a high risk of
serious bodily injury to the student or another
individual and less restrictive interventions would be
ineffective in addressing such a high risk;
(B) a limited amount of force is used to protect
the student or another individual from an injury and
such ends immediately upon the cessation of the
imminent danger of serious bodily injury to the student
or another individual;
(C) the physical restraint does not restrict
breathing or the flow of blood to the brain, including
restraining in the prone or supine position;
(D) the physical restraint does not interfere with
the ability of a student to communicate in the language
or other mode of communication primarily used by such
student;
(E) the physical restraint is imposed--
(i) by personnel who are trained and
certified by a State in crisis intervention; or
(ii) when personnel described in clause (i)
are not available, in the case of a rare and
unforeseeable emergency; or
(F) the physical restraint does not affect or
interfere with, with respect to a student, a
disability, health care needs, or a medical or
psychiatric condition documented in a--
(i) health care directive or medical
management plan;
(ii) a behavior intervention plan;
(iii) an individualized education program
or an individualized family service plan (as
defined in section 602 of the Individuals with
Disabilities Education Act (20 U.S.C. 1401));
or
(iv) another relevant record made available
to the State or eligible entity involved.
(d) Use of Funds.--
(1) Required uses.--An eligible entity that receives a
grant under this section shall use funds to--
(A) evaluate the current discipline policies of a
school and, in partnership with students (including
girls of color), the family members of students, and
the local community of such school, develop discipline
policies for such school to ensure that such policies
are not exclusionary or discriminately applied toward
students;
(B) provide training and professional development
for teachers, principals, school leaders, and other
school personnel to avoid or address the overuse and
discriminatory disproportionate use of exclusionary
discipline practices in schools and to create awareness
of implicit and explicit bias and use culturally
affirming practices, including training in--
(i) identifying and providing support to
students who may have experienced or are at
risk of experiencing trauma or have other
mental health needs;
(ii) administering and responding to
assessments on adverse childhood experiences;
(iii) providing student-centered, trauma-
informed positive behavior management
intervention and support that creates safe and
supportive school climates;
(iv) using restorative practices;
(v) using culturally and linguistically
responsive intervention strategies;
(vi) developing social and emotional
learning competencies; and
(vii) increasing student engagement and
improving dialogue between students and
teachers;
(C) implement evidence-based alternatives to
suspension or expulsion, including--
(i) multi-tier systems of support, such as
schoolwide positive behavioral interventions
and supports;
(ii) social, emotional, and academic
learning strategies designed to engage students
and avoid escalating conflicts; and
(iii) other data-driven approaches to
improving school environments;
(D) improve behavioral and academic outcomes for
students by creating a safe and supportive learning
environment and school climate, which may include--
(i) restorative practices with respect to
improving relationships among students, school
officials, and members of the local community,
which may include partnering with local mental
health agencies or nonprofit organizations;
(ii) access to mentors and peer-based
support programs;
(iii) extracurricular programs, including
sports and art programs;
(iv) social and emotional learning
strategies designed to engage students and
avoid escalating conflicts;
(v) access to counseling, mental health
programs, and trauma-informed care programs,
including suicide prevention programs; and
(vi) access to culturally responsive
curricula that affirms the history and
contributions of traditionally marginalized
people and communities;
(E) hire social workers, school counselors, trauma-
informed care personnel, and other mental health
personnel; and
(F) support the development, delivery, and analysis
of school climate surveys.
(2) Prohibited uses.--An eligible entity that receives a
grant under this section may not use funds to--
(A) hire or retain school-based law enforcement
personnel, including school resource officers;
(B) purchase, maintain, or install surveillance
equipment, including metal detectors or software
programs that monitor or mine the social media use or
technology use of students;
(C) arm teachers, principals, school leaders, or
other school personnel; and
(D) enter into formal or informal partnerships or
data and information sharing agreements with--
(i) the Secretary of Homeland Security,
including agreements with U.S. Immigration and
Customs Enforcement or U.S. Customs and Border
Protection; or
(ii) local law enforcement agencies,
including partnerships that allow for hiring of
school-based law enforcement.
(e) Technical Assistance.--The Secretary, in carrying out
subsection (a), may reserve not more than 2 percent of funds to provide
technical assistance to eligible entities, which may include--
(1) support for data collection, compliance, and analysis
of the activities of the program authorized under subsection
(a); and
(2) informational meetings and seminars with respect to the
application process under subsection (b).
(f) Report by Grantees.--Not later than one year after the date of
enactment of this section, an eligible entity receiving a grant under
this section shall submit to the Secretary a report on the activities
funded through the grant. The Secretary shall make each such report
publicly accessible in an appropriate digital format. Such report shall
include, at a minimum, a description of--
(1) the evaluation methods of disciplinary practices prior
to the grant;
(2) training and professional development services provided
for school personnel to address discriminatory discipline
practices, implicit and explicit bias, and other uses described
in subsection (d)(1);
(3) aggregated and de-identified behavioral, social
emotional, and academic outcomes experience by students;
(4) any instance of physical restraint used on a student
with an explanation of a circumstance described in subsection
(c)(6);
(5) the number of students who were referred to some form
of alternative practice described in subsection (d)(1)(C);
(6) disaggregated data on students suspended, expelled, and
referred to the juvenile or criminal legal system, cross
tabulated by--
(A) reason for disciplinary action;
(B) grade level;
(C) race;
(D) ethnicity;
(E) sex (including to the extent possible, sexual
orientation and gender identity);
(F) low-income status;
(G) disability status;
(H) English learner status;
(I) Tribal citizenship or descent, in the first or
second degree, of an Indian Tribe; and
(J) if applicable, pregnant and parenting student
status; and
(7) any other information required by the Secretary.
(g) Eligible Entities.--In this section, the term ``eligible
entity'' means--
(1) one or more local educational agencies (who may be
partnered with a State educational agency), including a public
charter school that is a local educational agency under State
law or local educational agency operated by the Bureau of
Indian Education; or
(2) a nonprofit organization (defined as an organization
described in section 501(c)(3) of the Internal Revenue Code,
which is exempt from taxation under section 501(a) of such
Code) with a track record of success in improving school
climates and supporting students.
SEC. 5. JOINT TASK FORCE TO END SCHOOL PUSHOUT OF GIRLS OF COLOR.
(a) Establishment.--The Secretary and the Secretary of Health and
Human Services shall establish and operate a joint task force to end
school pushout (in this section referred to as the ``Joint Task
Force'').
(b) Composition.--
(1) Chairs.--The Secretary and the Secretary of Health and
Human Services shall chair the Joint Task Force.
(2) Members.--The Joint Task Force shall be composed of--
(A) Native American girls;
(B) students, including Black and brown girls;
(C) teachers;
(D) parents with children in school;
(E) school officials;
(F) representatives from civil rights and
disability organizations;
(G) psychologists, social workers, trauma-informed
personnel, and other mental health professionals; and
(H) researchers with experience in behavioral
intervention.
(3) Advisory members.--In addition to the members under
paragraph (2), the Assistant Attorney General of the Civil
Rights Division of the Department of Justice and the Director
of the Bureau of Indian Education shall be advisory members of
the Joint Task Force.
(4) Member appointment.--Not later than 60 days after the
date of the enactment of this Act, the Secretary and the
Secretary of Health and Human Services shall appoint the
members of the Joint Task Force--
(A) in accordance with paragraph (2);
(B) using a competitive application process; and
(C) with consideration to the racial, ethnic,
gender, and geographic diversity of the Joint Task
Force.
(c) Study and Recommendations.--The Joint Task Force shall--
(1) conduct a study to--
(A) identify best practices for reducing the
overuse and discriminatory use of exclusionary
discipline practices; and
(B) determine to what extent exclusionary
discipline practices contribute to the criminalization
of--
(i) girls of color;
(ii) English learners;
(iii) Native American girls;
(iv) students who identify as lesbian, gay,
bisexual, transgender, queer, or questioning;
and
(v) students with disabilities; and
(2) develop recommendations based on the study conducted
under paragraph (1).
(d) Report.--Not later than 360 days after the date of the
enactment of this Act, and biannually thereafter, the Secretary and the
Secretary of Health and Human Services shall submit to Congress a
report on the recommendations under subsection (c)(2).
SEC. 6. AUTHORIZATION OF APPROPRIATION.
(a) In General.--There is authorized to be appropriated
$500,000,000 for each of fiscal years 2022 through 2026 to carry out
sections 4 and 5.
(b) Additional Funding to the Office for Civil Rights.--There is
authorized to be appropriated $500,000,000 for fiscal year 2022 through
2026, and each fiscal year thereafter, to carry out section 3.
SEC. 7. DEFINITIONS.
In this Act:
(1) Act of insubordination.--The term ``act of
insubordination'' means an act that disrupts a school activity
or instance when a student willfully defies the valid authority
of a school official.
(2) Appearance or grooming policy.--The term ``appearance
or grooming policy'' means any practice, policy, or portion of
a student conduct code that governs or restricts the appearance
of students, including policies that--
(A) restrict or prescribe clothing that a student
may wear (such as hijabs, headwraps, or bandanas);
(B) restrict specific hair styles (such as braids,
locks, twists, bantu knots, cornrows, extensions, or
afros); or
(C) restrict whether or how a student may apply
make-up, nail polish, or other cosmetics.
(3) Chemical restraint.--The term ``chemical restraint''
means a drug or medication used on a student to control
behavior or restrict freedom of movement that is not--
(A) prescribed by a licensed physician, or other
qualified health professional acting under the scope of
the professional's authority under State law, for the
standard treatment of a student's medical or
psychiatric condition; and
(B) administered as prescribed by a licensed
physician or other qualified health professional acting
under the scope of the authority of a health
professional under State law.
(4) Direct supervision.--The term ``direct supervision''
means a student is physically in the same location as a school
official and such student is under the care of the school
official or school.
(5) Disability.--The term ``disability'' means a mental or
physical disability that meets the conditions set forth in
clauses (i) and (ii) of section 602(3)(A) of the Individuals
with Disabilities Education Act (20 U.S.C. 1401(3)(A)(i) and
(ii)).
(6) Elementary and secondary education act terms.--The
terms ``elementary school'', ``English learner'', ``local
educational agency'', ``secondary school'', and ``State
educational agency'' has the meanings given such terms in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(7) Gender identity.--The term ``gender identity'' means
the gender-related identity, appearance, mannerisms, or other
gender-related characteristics of an individual regardless of
the designated sex at birth of the individual.
(8) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(e)).
(9) In-school suspension.--The term ``in-school
suspension'' means an instance in which a student is
temporarily removed from a regular classroom for at least half
a day but remains under the direct supervision of a school
official.
(10) Mechanical restraint.--The term ``mechanical
restraint'' has the meaning given the term in section 595(d)(1)
of the Public Health Service Act (42 U.S.C. 290jj(d)(1)),
except that the meaning shall be applied by substituting
``student'' for ``resident''.
(11) Multi-tier system of supports.--The term ``multi-tier
system of supports'' means a comprehensive continuum of
evidence-based, systemic practices to support a rapid response
to the needs of students, with regular observation to
facilitate data-based instructional decision making.
(12) Out-of-school suspension.--The term ``out-of-school
suspension'' means an instance in which a student is excluded
from school for disciplinary reasons by temporarily being
removed from regular classes to another setting, including a
home or behavior center, regardless of whether such
disciplinary removal is deemed as a suspension by school
officials.
(13) Physical escort.--The term ``physical escort'' has the
meaning given the term in section 595(d)(2) of the Public
Health Service Act (42 U.S.C. 290jj(d)(2)), except that the
meaning shall be applied by substituting ``student'' for
``resident''.
(14) Physical restraint.--The term ``physical restraint''
means a personal restriction that immobilizes or reduces the
ability of an individual to move the individual's arms, legs,
torso, or head freely, except that such term does not include a
physical escort, mechanical restraint, or chemical restraint.
(15) Positive behavior intervention and support.--The term
``positive behavior intervention and support'' means using a
systematic and evidence-based approach to achieve improved
academic and social outcomes for students.
(16) Pushout.--The term ``pushout'' means an instance when
a student leaves elementary, middle or secondary school,
including a forced transfer to another school, prior to
graduating secondary school due to overuse of exclusionary
discipline practices, failure to address trauma or other mental
health needs, discrimination, or other educational barriers
that do not support or promote the success of a student.
(17) School-based law enforcement officer.--The term
``school-based law enforcement officer'' means an individual
who--
(A) is--
(i) assigned by a law enforcement agency to
a secondary or elementary school or local
educational agency;
(ii) contracting with a secondary or
elementary school or local educational agency;
or
(iii) employed by a secondary or elementary
school or local educational agency;
(B) has the power to detain, arrest, issue a
citation, perform a custodial investigation, or refer a
person to a criminal or juvenile court;
(C) meets the definition of a law enforcement
personnel under State law; or
(D) may be referred to as a ``school resource
officer'', a ``sworn law enforcement officer'', or a
``school police officer''.
(18) School official.--The term ``school official'' means a
teacher, school principal, administrator, or other personnel,
not considered school-based law enforcement, engaged in the
performance of duties with respect to a school.
(19) Seclusion.--The term ``seclusion'' means the
involuntary confinement of a student alone in a room or area
where the student is physically prevented from leaving, and
does not include a time out.
(20) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(21) Serious bodily injury.--The term ``serious bodily
injury'' has the meaning given that term in section 1365(h)(3)
of title 18, United States Code.
(22) Sexual orientation.--The term ``sexual orientation''
means homosexuality, heterosexuality, or bisexuality.
(23) Special education school.--The term ``special
education school'' means a school that focuses primarily on
serving the needs of students who qualify as ``a child with a
disability'' as that term is defined under section 602(3)(A)(i)
of the Individuals with Disabilities Education Act (20 U.S.C.
1401(3)(A)(i)) or are subject to section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
(24) Time out.--The term ``time out'' has the meaning given
the term in section 595(d)(5) of the Public Health Service Act
(42 U.S.C. 290jj(d)(5)), except that the meaning shall be
applied by substituting ``student'' for ``resident''.
(25) Zero-tolerance policy.--The term ``zero-tolerance
policy'' is a school discipline policy that results in an
automatic disciplinary consequence, including out-of-school
suspension, expulsion, and involuntary school transfer.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
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