Text of US HB 2248 (2021)

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Ending Punitive, Un- 4 fair, School-based Harm that is Overt and Unresponsive 5 to Trauma Act of 2021’’ or the ‘‘Ending PUSHOUT Act 6 of 2021’’. 7 SEC. 2. PURPOSE. 8 It is the purpose of this Act to— 9 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2248 IH (1) strengthen data collection related to exclu- 1 sionary discipline practices in schools and the dis- 2 criminatory application of such practices, which dis- 3 proportionately impacts students of color, particu- 4 larly girls of color; 5 (2) eliminate the discriminatory use and over- 6 use of exclusionary discipline practices based on ac- 7 tual or perceived race, ethnicity, color, national ori- 8 gin, sex (including sexual orientation, gender iden- 9 tity, pregnancy, childbirth, a medical condition re- 10 lated to pregnancy or childbirth, or other stereotype 11 related to sex), or disability; and 12 (3) prevent the criminalization and pushout of 13 students from school, especially Black and brown 14 girls, as a result of educational barriers that include 15 discrimination, adultification, punitive discipline poli- 16 cies and practices, and a failure to recognize and 17 support students with mental health needs or experi- 18 encing trauma. 19 SEC. 3. STRENGTHENING CIVIL RIGHTS DATA COLLECTION 20 WITH RESPECT TO EXCLUSIONARY DIS- 21 CIPLINE IN SCHOOLS. 22 (a) IN GENERAL.—The Assistant Secretary for Civil 23 Rights shall annually carry out data collection authorized 24 under section 203(c)(1) of the Department of Education 25 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2248 IH Organization Act (20 U.S.C. 3413(c)(1)), which shall in- 1 clude data with respect to students enrolled in a public 2 preschool, elementary, or secondary school (including tra- 3 ditional public, charter, virtual, special education school, 4 and alternative schools) who received the following dis- 5 ciplinary actions during the preceding school year: 6 (1) Suspension (including the classification of 7 the suspension as in-school suspension or out-of- 8 school suspension), which shall include data with re- 9 spect to— 10 (A) the number of students who were sus- 11 pended; 12 (B) the number and length of suspensions 13 each such student received; 14 (C) the reason for each such suspension, 15 including— 16 (i) a violation of a zero-tolerance pol- 17 icy and whether such violation was due to 18 a violent or nonviolent offense; 19 (ii) a violation of an appearance or 20 grooming policy; 21 (iii) an act of insubordination; 22 (iv) willful defiance; and 23 (v) a violation of a school code of con- 24 duct; and 25 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2248 IH (D) the number of days of lost instruction 1 due to each out-of-school suspension. 2 (2) Expulsion, which shall include data with re- 3 spect to— 4 (A) the number of students who were ex- 5 pelled; and 6 (B) the reason for each such expulsion, in- 7 cluding— 8 (i) a violation of a zero-tolerance pol- 9 icy and whether such violation was due to 10 a violent or nonviolent offense; 11 (ii) a violation of an appearance or 12 grooming policy; 13 (iii) an act of insubordination, willful 14 defiance, or violation of a school code of 15 conduct; and 16 (iv) the use of profane or vulgar lan- 17 guage. 18 (3) The number of students subject to an out- 19 of-school transfer to a different school, including a 20 virtual school, and if so, the primary reason for each 21 such transfer. 22 (4) The number of students subject to a refer- 23 ral to law enforcement, including the primary reason 24 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2248 IH for each such referral, and whether such referral re- 1 sulted in an arrest. 2 (b) REPORT.— 3 (1) IN GENERAL.—Not later than one year 4 after the date of the enactment of this Act, and an- 5 nually thereafter, the Assistant Secretary for Civil 6 Rights shall submit to Congress a report on the data 7 collected under subsection (a). 8 (2) REQUIREMENTS.—The report required 9 under paragraph (1) shall— 10 (A) identify, with respect to the data col- 11 lected under subsection (a), schools, local edu- 12 cational agencies, and States that demonstrate, 13 in the opinion of the Secretary, the overuse and 14 discriminatory use of exclusionary disciplinary 15 practices; 16 (B) be disaggregated and cross tabulated 17 by— 18 (i) enrollment in a preschool or in an 19 elementary school and secondary school by 20 grade level; 21 (ii) race; 22 (iii) ethnicity; 23 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 2248 IH (iv) sex (including, to the extent pos- 1 sible, sexual orientation and gender iden- 2 tity); 3 (v) low-income status; 4 (vi) disability status (including stu- 5 dents eligible for disability under the Indi- 6 viduals with Disabilities Education Act (20 7 U.S.C. 1401 et. seq.) or section 504 of the 8 Rehabilitation Act of 1973 (29 U.S.C. 9 794)); 10 (vii) English learner status; 11 (viii) Tribal citizenship or descent, in 12 the first or second degree, of an Indian 13 Tribe; and 14 (ix) if applicable, pregnant and par- 15 enting student status; 16 (C) be publicly accessible in multiple lan- 17 guages, accessibility formats, and provided in a 18 language that parents, family, and community 19 members can understand; and 20 (D) be presented in a manner that protects 21 the privacy of individuals consistent with the re- 22 quirements of section 444 of the General Edu- 23 cation Provisions Act (20 U.S.C. 1232g), com- 24 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 2248 IH monly known as the ‘‘Family Educational 1 Rights and Privacy Act of 1974’’. 2 SEC. 4. GRANTS TO REDUCE EXCLUSIONARY SCHOOL DIS- 3 CIPLINE PRACTICES. 4 (a) IN GENERAL.—The Secretary shall award grants 5 (which shall be known as the ‘‘Healing School Climate 6 Grants’’), on a competitive basis, to eligible entities for 7 the purpose of reducing the overuse and discriminatory 8 use of exclusionary discipline practices in schools. 9 (b) APPLICATION.—An eligible entity seeking a grant 10 under this section shall submit an application to the Sec- 11 retary at such time, in such manner, and containing such 12 information as the Secretary may require, including an as- 13 surance that the eligible entity shall prioritize schools with 14 the highest rates of suspensions and expulsions. The Sec- 15 retary shall make applications publicly accessible in an ap- 16 propriate digital format. 17 (c) PROGRAM REQUIREMENT.—An eligible entity 18 that receives a grant under subsection (a) shall prohibit 19 the use of— 20 (1) out-of-school suspension or expulsion for 21 any student in preschool through grade 5 for inci- 22 dents that do not involve serious bodily injury; 23 (2) out-of-school suspension or expulsion for 24 any student in preschool through grade 12 for insub- 25 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 2248 IH ordination, willful defiance, vulgarity, truancy, tardi- 1 ness, chronic absenteeism, or as a result of a viola- 2 tion of a grooming or appearance policy; 3 (3) corporal punishment; 4 (4) seclusion; 5 (5) a mechanical or chemical restraint on a stu- 6 dent; or 7 (6) a physical restraint on a student, except 8 when— 9 (A) the behavior of a student poses a high 10 risk of serious bodily injury to the student or 11 another individual and less restrictive interven- 12 tions would be ineffective in addressing such a 13 high risk; 14 (B) a limited amount of force is used to 15 protect the student or another individual from 16 an injury and such ends immediately upon the 17 cessation of the imminent danger of serious 18 bodily injury to the student or another indi- 19 vidual; 20 (C) the physical restraint does not restrict 21 breathing or the flow of blood to the brain, in- 22 cluding restraining in the prone or supine posi- 23 tion; 24 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 2248 IH (D) the physical restraint does not inter- 1 fere with the ability of a student to commu- 2 nicate in the language or other mode of commu- 3 nication primarily used by such student; 4 (E) the physical restraint is imposed— 5 (i) by personnel who are trained and 6 certified by a State in crisis intervention; 7 or 8 (ii) when personnel described in clause 9 (i) are not available, in the case of a rare 10 and unforeseeable emergency; or 11 (F) the physical restraint does not affect 12 or interfere with, with respect to a student, a 13 disability, health care needs, or a medical or 14 psychiatric condition documented in a— 15 (i) health care directive or medical 16 management plan; 17 (ii) a behavior intervention plan; 18 (iii) an individualized education pro- 19 gram or an individualized family service 20 plan (as defined in section 602 of the Indi- 21 viduals with Disabilities Education Act (20 22 U.S.C. 1401)); or 23 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 2248 IH (iv) another relevant record made 1 available to the State or eligible entity in- 2 volved. 3 (d) USE OF FUNDS.— 4 (1) REQUIRED USES.—An eligible entity that 5 receives a grant under this section shall use funds 6 to— 7 (A) evaluate the current discipline policies 8 of a school and, in partnership with students 9 (including girls of color), the family members of 10 students, and the local community of such 11 school, develop discipline policies for such school 12 to ensure that such policies are not exclusionary 13 or discriminately applied toward students; 14 (B) provide training and professional de- 15 velopment for teachers, principals, school lead- 16 ers, and other school personnel to avoid or ad- 17 dress the overuse and discriminatory dispropor- 18 tionate use of exclusionary discipline practices 19 in schools and to create awareness of implicit 20 and explicit bias and use culturally affirming 21 practices, including training in— 22 (i) identifying and providing support 23 to students who may have experienced or 24 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 2248 IH are at risk of experiencing trauma or have 1 other mental health needs; 2 (ii) administering and responding to 3 assessments on adverse childhood experi- 4 ences; 5 (iii) providing student-centered, trau- 6 ma-informed positive behavior management 7 intervention and support that creates safe 8 and supportive school climates; 9 (iv) using restorative practices; 10 (v) using culturally and linguistically 11 responsive intervention strategies; 12 (vi) developing social and emotional 13 learning competencies; and 14 (vii) increasing student engagement 15 and improving dialogue between students 16 and teachers; 17 (C) implement evidence-based alternatives 18 to suspension or expulsion, including— 19 (i) multi-tier systems of support, such 20 as schoolwide positive behavioral interven- 21 tions and supports; 22 (ii) social, emotional, and academic 23 learning strategies designed to engage stu- 24 dents and avoid escalating conflicts; and 25 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 2248 IH (iii) other data-driven approaches to 1 improving school environments; 2 (D) improve behavioral and academic out- 3 comes for students by creating a safe and sup- 4 portive learning environment and school cli- 5 mate, which may include— 6 (i) restorative practices with respect 7 to improving relationships among students, 8 school officials, and members of the local 9 community, which may include partnering 10 with local mental health agencies or non- 11 profit organizations; 12 (ii) access to mentors and peer-based 13 support programs; 14 (iii) extracurricular programs, includ- 15 ing sports and art programs; 16 (iv) social and emotional learning 17 strategies designed to engage students and 18 avoid escalating conflicts; 19 (v) access to counseling, mental health 20 programs, and trauma-informed care pro- 21 grams, including suicide prevention pro- 22 grams; and 23 (vi) access to culturally responsive 24 curricula that affirms the history and con- 25 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 13 •HR 2248 IH tributions of traditionally marginalized 1 people and communities; 2 (E) hire social workers, school counselors, 3 trauma-informed care personnel, and other 4 mental health personnel; and 5 (F) support the development, delivery, and 6 analysis of school climate surveys. 7 (2) PROHIBITED USES.—An eligible entity that 8 receives a grant under this section may not use 9 funds to— 10 (A) hire or retain school-based law enforce- 11 ment personnel, including school resource offi- 12 cers; 13 (B) purchase, maintain, or install surveil- 14 lance equipment, including metal detectors or 15 software programs that monitor or mine the so- 16 cial media use or technology use of students; 17 (C) arm teachers, principals, school lead- 18 ers, or other school personnel; and 19 (D) enter into formal or informal partner- 20 ships or data and information sharing agree- 21 ments with— 22 (i) the Secretary of Homeland Secu- 23 rity, including agreements with U.S. Immi- 24 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 14 •HR 2248 IH gration and Customs Enforcement or U.S. 1 Customs and Border Protection; or 2 (ii) local law enforcement agencies, in- 3 cluding partnerships that allow for hiring 4 of school-based law enforcement. 5 (e) TECHNICAL ASSISTANCE.—The Secretary, in car- 6 rying out subsection (a), may reserve not more than 2 per- 7 cent of funds to provide technical assistance to eligible en- 8 tities, which may include— 9 (1) support for data collection, compliance, and 10 analysis of the activities of the program authorized 11 under subsection (a); and 12 (2) informational meetings and seminars with 13 respect to the application process under subsection 14 (b). 15 (f) REPORT BY GRANTEES.—Not later than one year 16 after the date of enactment of this section, an eligible enti- 17 ty receiving a grant under this section shall submit to the 18 Secretary a report on the activities funded through the 19 grant. The Secretary shall make each such report publicly 20 accessible in an appropriate digital format. Such report 21 shall include, at a minimum, a description of— 22 (1) the evaluation methods of disciplinary prac- 23 tices prior to the grant; 24 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 15 •HR 2248 IH (2) training and professional development serv- 1 ices provided for school personnel to address dis- 2 criminatory discipline practices, implicit and explicit 3 bias, and other uses described in subsection (d)(1); 4 (3) aggregated and de-identified behavioral, so- 5 cial emotional, and academic outcomes experience by 6 students; 7 (4) any instance of physical restraint used on a 8 student with an explanation of a circumstance de- 9 scribed in subsection (c)(6); 10 (5) the number of students who were referred 11 to some form of alternative practice described in 12 subsection (d)(1)(C); 13 (6) disaggregated data on students suspended, 14 expelled, and referred to the juvenile or criminal 15 legal system, cross tabulated by— 16 (A) reason for disciplinary action; 17 (B) grade level; 18 (C) race; 19 (D) ethnicity; 20 (E) sex (including to the extent possible, 21 sexual orientation and gender identity); 22 (F) low-income status; 23 (G) disability status; 24 (H) English learner status; 25 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 16 •HR 2248 IH (I) Tribal citizenship or descent, in the 1 first or second degree, of an Indian Tribe; and 2 (J) if applicable, pregnant and parenting 3 student status; and 4 (7) any other information required by the Sec- 5 retary. 6 (g) ELIGIBLE ENTITIES.—In this section, the term 7 ‘‘eligible entity’’ means— 8 (1) one or more local educational agencies (who 9 may be partnered with a State educational agency), 10 including a public charter school that is a local edu- 11 cational agency under State law or local educational 12 agency operated by the Bureau of Indian Education; 13 or 14 (2) a nonprofit organization (defined as an or- 15 ganization described in section 501(c)(3) of the In- 16 ternal Revenue Code, which is exempt from taxation 17 under section 501(a) of such Code) with a track 18 record of success in improving school climates and 19 supporting students. 20 SEC. 5. JOINT TASK FORCE TO END SCHOOL PUSHOUT OF 21 GIRLS OF COLOR. 22 (a) ESTABLISHMENT.—The Secretary and the Sec- 23 retary of Health and Human Services shall establish and 24 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 17 •HR 2248 IH operate a joint task force to end school pushout (in this 1 section referred to as the ‘‘Joint Task Force’’). 2 (b) COMPOSITION.— 3 (1) CHAIRS.—The Secretary and the Secretary 4 of Health and Human Services shall chair the Joint 5 Task Force. 6 (2) MEMBERS.—The Joint Task Force shall be 7 composed of— 8 (A) Native American girls; 9 (B) students, including Black and brown 10 girls; 11 (C) teachers; 12 (D) parents with children in school; 13 (E) school officials; 14 (F) representatives from civil rights and 15 disability organizations; 16 (G) psychologists, social workers, trauma- 17 informed personnel, and other mental health 18 professionals; and 19 (H) researchers with experience in behav- 20 ioral intervention. 21 (3) ADVISORY MEMBERS.—In addition to the 22 members under paragraph (2), the Assistant Attor- 23 ney General of the Civil Rights Division of the De- 24 partment of Justice and the Director of the Bureau 25 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 18 •HR 2248 IH of Indian Education shall be advisory members of 1 the Joint Task Force. 2 (4) MEMBER APPOINTMENT.—Not later than 3 60 days after the date of the enactment of this Act, 4 the Secretary and the Secretary of Health and 5 Human Services shall appoint the members of the 6 Joint Task Force— 7 (A) in accordance with paragraph (2); 8 (B) using a competitive application proc- 9 ess; and 10 (C) with consideration to the racial, ethnic, 11 gender, and geographic diversity of the Joint 12 Task Force. 13 (c) STUDY AND RECOMMENDATIONS.—The Joint 14 Task Force shall— 15 (1) conduct a study to— 16 (A) identify best practices for reducing the 17 overuse and discriminatory use of exclusionary 18 discipline practices; and 19 (B) determine to what extent exclusionary 20 discipline practices contribute to the criminal- 21 ization of— 22 (i) girls of color; 23 (ii) English learners; 24 (iii) Native American girls; 25 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 19 •HR 2248 IH (iv) students who identify as lesbian, 1 gay, bisexual, transgender, queer, or ques- 2 tioning; and 3 (v) students with disabilities; and 4 (2) develop recommendations based on the 5 study conducted under paragraph (1). 6 (d) REPORT.—Not later than 360 days after the date 7 of the enactment of this Act, and biannually thereafter, 8 the Secretary and the Secretary of Health and Human 9 Services shall submit to Congress a report on the rec- 10 ommendations under subsection (c)(2). 11 SEC. 6. AUTHORIZATION OF APPROPRIATION. 12 (a) IN GENERAL.—There is authorized to be appro- 13 priated $500,000,000 for each of fiscal years 2022 14 through 2026 to carry out sections 4 and 5. 15 (b) ADDITIONAL FUNDING TO THE OFFICE FOR 16 CIVIL RIGHTS.—There is authorized to be appropriated 17 $500,000,000 for fiscal year 2022 through 2026, and each 18 fiscal year thereafter, to carry out section 3. 19 SEC. 7. DEFINITIONS. 20 In this Act: 21 (1) ACT OF INSUBORDINATION.—The term ‘‘act 22 of insubordination’’ means an act that disrupts a 23 school activity or instance when a student willfully 24 defies the valid authority of a school official. 25 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 20 •HR 2248 IH (2) APPEARANCE OR GROOMING POLICY.—The 1 term ‘‘appearance or grooming policy’’ means any 2 practice, policy, or portion of a student conduct code 3 that governs or restricts the appearance of students, 4 including policies that— 5 (A) restrict or prescribe clothing that a 6 student may wear (such as hijabs, headwraps, 7 or bandanas); 8 (B) restrict specific hair styles (such as 9 braids, locks, twists, bantu knots, cornrows, ex- 10 tensions, or afros); or 11 (C) restrict whether or how a student may 12 apply make-up, nail polish, or other cosmetics. 13 (3) CHEMICAL RESTRAINT.—The term ‘‘chem- 14 ical restraint’’ means a drug or medication used on 15 a student to control behavior or restrict freedom of 16 movement that is not— 17 (A) prescribed by a licensed physician, or 18 other qualified health professional acting under 19 the scope of the professional’s authority under 20 State law, for the standard treatment of a stu- 21 dent’s medical or psychiatric condition; and 22 (B) administered as prescribed by a li- 23 censed physician or other qualified health pro- 24 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 21 •HR 2248 IH fessional acting under the scope of the author- 1 ity of a health professional under State law. 2 (4) DIRECT SUPERVISION.—The term ‘‘direct 3 supervision’’ means a student is physically in the 4 same location as a school official and such student 5 is under the care of the school official or school. 6 (5) DISABILITY.—The term ‘‘disability’’ means 7 a mental or physical disability that meets the condi- 8 tions set forth in clauses (i) and (ii) of section 9 602(3)(A) of the Individuals with Disabilities Edu- 10 cation Act (20 U.S.C. 1401(3)(A)(i) and (ii)). 11 (6) ELEMENTARY AND SECONDARY EDUCATION 12 ACT TERMS.—The terms ‘‘elementary school’’, 13 ‘‘English learner’’, ‘‘local educational agency’’, ‘‘sec- 14 ondary school’’, and ‘‘State educational agency’’ has 15 the meanings given such terms in section 8101 of 16 the Elementary and Secondary Education Act of 17 1965 (20 U.S.C. 7801). 18 (7) GENDER IDENTITY.—The term ‘‘gender 19 identity’’ means the gender-related identity, appear- 20 ance, mannerisms, or other gender-related character- 21 istics of an individual regardless of the designated 22 sex at birth of the individual. 23 (8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 24 has the meaning given the term in section 4(e) of 25 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 22 •HR 2248 IH the Indian Self-Determination and Education Assist- 1 ance Act (25 U.S.C. 5304(e)). 2 (9) IN-SCHOOL SUSPENSION.—The term ‘‘in- 3 school suspension’’ means an instance in which a 4 student is temporarily removed from a regular class- 5 room for at least half a day but remains under the 6 direct supervision of a school official. 7 (10) MECHANICAL RESTRAINT.—The term 8 ‘‘mechanical restraint’’ has the meaning given the 9 term in section 595(d)(1) of the Public Health Serv- 10 ice Act (42 U.S.C. 290jj(d)(1)), except that the 11 meaning shall be applied by substituting ‘‘student’’ 12 for ‘‘resident’’. 13 (11) MULTI-TIER SYSTEM OF SUPPORTS.—The 14 term ‘‘multi-tier system of supports’’ means a com- 15 prehensive continuum of evidence-based, systemic 16 practices to support a rapid response to the needs of 17 students, with regular observation to facilitate data- 18 based instructional decision making. 19 (12) OUT-OF-SCHOOL SUSPENSION.—The term 20 ‘‘out-of-school suspension’’ means an instance in 21 which a student is excluded from school for discipli- 22 nary reasons by temporarily being removed from 23 regular classes to another setting, including a home 24 or behavior center, regardless of whether such dis- 25 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 23 •HR 2248 IH ciplinary removal is deemed as a suspension by 1 school officials. 2 (13) PHYSICAL ESCORT.—The term ‘‘physical 3 escort’’ has the meaning given the term in section 4 595(d)(2) of the Public Health Service Act (42 5 U.S.C. 290jj(d)(2)), except that the meaning shall 6 be applied by substituting ‘‘student’’ for ‘‘resident’’. 7 (14) PHYSICAL RESTRAINT.—The term ‘‘phys- 8 ical restraint’’ means a personal restriction that im- 9 mobilizes or reduces the ability of an individual to 10 move the individual’s arms, legs, torso, or head free- 11 ly, except that such term does not include a physical 12 escort, mechanical restraint, or chemical restraint. 13 (15) POSITIVE BEHAVIOR INTERVENTION AND 14 SUPPORT.—The term ‘‘positive behavior intervention 15 and support’’ means using a systematic and evi- 16 dence-based approach to achieve improved academic 17 and social outcomes for students. 18 (16) PUSHOUT.—The term ‘‘pushout’’ means 19 an instance when a student leaves elementary, mid- 20 dle or secondary school, including a forced transfer 21 to another school, prior to graduating secondary 22 school due to overuse of exclusionary discipline prac- 23 tices, failure to address trauma or other mental 24 health needs, discrimination, or other educational 25 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 24 •HR 2248 IH barriers that do not support or promote the success 1 of a student. 2 (17) SCHOOL-BASED LAW ENFORCEMENT OFFI- 3 CER.—The term ‘‘school-based law enforcement offi- 4 cer’’ means an individual who— 5 (A) is— 6 (i) assigned by a law enforcement 7 agency to a secondary or elementary school 8 or local educational agency; 9 (ii) contracting with a secondary or el- 10 ementary school or local educational agen- 11 cy; or 12 (iii) employed by a secondary or ele- 13 mentary school or local educational agency; 14 (B) has the power to detain, arrest, issue 15 a citation, perform a custodial investigation, or 16 refer a person to a criminal or juvenile court; 17 (C) meets the definition of a law enforce- 18 ment personnel under State law; or 19 (D) may be referred to as a ‘‘school re- 20 source officer’’, a ‘‘sworn law enforcement offi- 21 cer’’, or a ‘‘school police officer’’. 22 (18) SCHOOL OFFICIAL.—The term ‘‘school of- 23 ficial’’ means a teacher, school principal, adminis- 24 trator, or other personnel, not considered school- 25 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 25 •HR 2248 IH based law enforcement, engaged in the performance 1 of duties with respect to a school. 2 (19) SECLUSION.—The term ‘‘seclusion’’ means 3 the involuntary confinement of a student alone in a 4 room or area where the student is physically pre- 5 vented from leaving, and does not include a time 6 out. 7 (20) SECRETARY.—The term ‘‘Secretary’’ 8 means the Secretary of Education. 9 (21) SERIOUS BODILY INJURY.—The term ‘‘se- 10 rious bodily injury’’ has the meaning given that term 11 in section 1365(h)(3) of title 18, United States 12 Code. 13 (22) SEXUAL ORIENTATION.—The term ‘‘sexual 14 orientation’’ means homosexuality, heterosexuality, 15 or bisexuality. 16 (23) SPECIAL EDUCATION SCHOOL.—The term 17 ‘‘special education school’’ means a school that fo- 18 cuses primarily on serving the needs of students who 19 qualify as ‘‘a child with a disability’’ as that term 20 is defined under section 602(3)(A)(i) of the Individ- 21 uals with Disabilities Education Act (20 U.S.C. 22 1401(3)(A)(i)) or are subject to section 504 of the 23 Rehabilitation Act of 1973 (29 U.S.C. 794). 24 VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS 26 •HR 2248 IH (24) TIME OUT.—The term ‘‘time out’’ has the 1 meaning given the term in section 595(d)(5) of the 2 Public Health Service Act (42 U.S.C. 290jj(d)(5)), 3 except that the meaning shall be applied by sub- 4 stituting ‘‘student’’ for ‘‘resident’’. 5 (25) ZERO-TOLERANCE POLICY.—The term 6 ‘‘zero-tolerance policy’’ is a school discipline policy 7 that results in an automatic disciplinary con- 8 sequence, including out-of-school suspension, expul- 9 sion, and involuntary school transfer. 10 Æ VerDate Sep 11 2014 01:56 May 28, 2021 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6301 E:\BILLS\H2248.IH H2248 pbinns on DSKJLVW7X2PROD with BILLS