Text of US HB 5325 (2019)

I 116TH CONGRESS 1ST SESSION H. R. 5325 To reduce exclusionary discipline practices in schools, and for other purposes. IN THE HOUSE OF REPRESENTATIVES DECEMBER 5, 2019 Ms. PRESSLEY 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 2019’’ or the ‘‘Ending PUSHOUT Act 6 of 2019’’. 7 SEC. 2. PURPOSE. 8 It is the purpose of this Act to— 9 (1) strengthen data collection related to exclu- 10 sionary discipline practices in schools and the dis- 11 VerDate Sep 11 2014 05:04 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325 2 •HR 5325 IH criminatory application of such practices, which dis- 1 proportionately impacts students of color, particu- 2 larly girls of color; 3 (2) eliminate the discriminatory use and over- 4 use of exclusionary discipline practices based on ac- 5 tual or perceived race, ethnicity, color, national ori- 6 gin, sex (including sexual orientation, gender iden- 7 tity, pregnancy, childbirth, a medical condition re- 8 lated to pregnancy or childbirth, or other stereotype 9 related to sex), or disability; and 10 (3) prevent the criminalization and pushout of 11 students from school, especially Black and brown 12 girls, as a result of educational barriers that include 13 discrimination, punitive discipline policies and prac- 14 tices, and a failure to recognize and support stu- 15 dents with mental health needs or experiencing trau- 16 ma. 17 SEC. 3. STRENGTHENING CIVIL RIGHTS DATA COLLECTION 18 WITH RESPECT TO EXCLUSIONARY DIS- 19 CIPLINE IN SCHOOLS. 20 (a) IN GENERAL.—The Assistant Secretary for Civil 21 Rights shall annually carry out data collection authorized 22 under section 203(c)(1) of the Department of Education 23 Organization Act (20 U.S.C. 3413(c)(1)), which shall in- 24 clude data with respect to students enrolled in a public 25 VerDate Sep 11 2014 05:04 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325 3 •HR 5325 IH preschool, elementary, or secondary school (including tra- 1 ditional public, charter, virtual, special education school, 2 and alternative schools) who received the following dis- 3 ciplinary actions during the preceding school year: 4 (1) Suspension (including the classification of 5 the suspension as in-school suspension or out-of- 6 school suspension), which shall include data with re- 7 spect to— 8 (A) the number of students who were sus- 9 pended; 10 (B) the number and length of suspensions 11 each such student received; 12 (C) the reason for each such suspension, 13 including— 14 (i) a violation of a zero-tolerance pol- 15 icy and whether such violation was due to 16 a violent or nonviolent offense; 17 (ii) a violation of an appearance or 18 grooming policy; 19 (iii) an act of insubordination; 20 (iv) willful defiance; and 21 (v) a violation of a school code of con- 22 duct; and 23 (D) the number of days of lost instruction 24 due to each out-of-school suspension. 25 VerDate Sep 11 2014 05:04 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325 4 •HR 5325 IH (2) Expulsion, which shall include data with re- 1 spect to— 2 (A) the number of students who were ex- 3 pelled; and 4 (B) the reason for each such expulsion, in- 5 cluding— 6 (i) a violation of a zero-tolerance pol- 7 icy and whether such violation was due to 8 a violent or nonviolent offense; 9 (ii) a violation of an appearance or 10 grooming policy; 11 (iii) an act of insubordination, willful 12 defiance, or violation of a school code of 13 conduct; and 14 (iv) the use of profane or vulgar lan- 15 guage. 16 (3) The number of students subject to an out- 17 of-school transfer to a different school, including a 18 virtual school, and if so, the primary reason for each 19 such transfer. 20 (4) The number of students subject to a refer- 21 ral to law enforcement, including the primary reason 22 for each such referral, and whether such referral re- 23 sulted in an arrest. 24 (b) REPORT.— 25 VerDate Sep 11 2014 05:04 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325 5 •HR 5325 IH (1) IN GENERAL.—Not later than 1 year after 1 the date of the enactment of this Act, and annually 2 thereafter, the Secretary, acting through the Assist- 3 ant Secretary for Civil Rights, shall submit to Con- 4 gress a report on the data collected under subsection 5 (a). 6 (2) REQUIREMENTS.—The report required 7 under paragraph (1) shall— 8 (A) identify, with respect to the data col- 9 lected under subsection (a), schools, local edu- 10 cational agencies, and States that demonstrate, 11 in the opinion of the Secretary, the overuse and 12 discriminatory use of exclusionary disciplinary 13 practices; 14 (B) be disaggregated and cross tabulated 15 by— 16 (i) enrollment in a preschool or in an 17 elementary school and secondary school by 18 grade level; 19 (ii) race; 20 (iii) ethnicity; 21 (iv) sex (including, to the extent pos- 22 sible, sexual orientation and gender iden- 23 tity); 24 (v) low-income status; 25 VerDate Sep 11 2014 05:04 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325 6 •HR 5325 IH (vi) disability status (including stu- 1 dents eligible for disability under the Indi- 2 viduals with Disabilities Education Act (20 3 U.S.C. 1401 et. seq.) or section 504 of the 4 Rehabilitation Act of 1973 (29 U.S.C. 5 794)); 6 (vii) English learner status; 7 (viii) Tribal citizenship or descent, in 8 the first or second degree, of an Indian 9 Tribe; and 10 (ix) if applicable, pregnant and par- 11 enting student status; 12 (C) be publicly accessible in multiple lan- 13 guages, accessibility formats, and provided in a 14 language that parents, family, and community 15 members can understand; and 16 (D) be presented in a manner that protects 17 the privacy of individuals consistent with the re- 18 quirements of section 444 of the General Edu- 19 cation Provisions Act (20 U.S.C. 1232g), com- 20 monly known as the ‘‘Family Educational 21 Rights and Privacy Act of 1974’’. 22 VerDate Sep 11 2014 05:04 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325 7 •HR 5325 IH SEC. 4. GRANTS TO REDUCE EXCLUSIONARY SCHOOL DIS- 1 CIPLINE PRACTICES. 2 (a) IN GENERAL.—The Secretary shall award grants 3 (which shall be known as the ‘‘Healing School Climate 4 Grants’’), on a competitive basis, to eligible entities for 5 the purpose of reducing the overuse and discriminatory 6 use of exclusionary discipline practices in schools. 7 (b) APPLICATION.—An eligible entity seeking a grant 8 under this section shall submit an application to the Sec- 9 retary at such time, in such manner, and containing such 10 information as the Secretary may require, including an as- 11 surance that the eligible entity shall prioritize schools with 12 the highest rates of suspensions and expulsions. 13 (c) PROGRAM REQUIREMENT.—An eligible entity 14 that receives a grant under subsection (a) shall prohibit 15 the use of— 16 (1) out-of-school suspension or expulsion for 17 any student in preschool through grade 5 for inci- 18 dents that do not involve serious bodily injury; 19 (2) out-of-school suspension or expulsion for 20 any student in preschool through grade 12 for insub- 21 ordination, willful defiance, vulgarity, truancy, tardi- 22 ness, chronic absenteeism, or as a result of a viola- 23 tion of a grooming or appearance policy; 24 (3) corporal punishment; 25 VerDate Sep 11 2014 05:04 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325 8 •HR 5325 IH (4) mechanical and chemical restraints of stu- 1 dents; 2 (5) physical restraints of students, except in sit- 3 uations involving imminent danger of serious phys- 4 ical harm; and 5 (6) seclusion. 6 (d) USE OF FUNDS.— 7 (1) REQUIRED USES.—An eligible entity that 8 receives a grant under this section shall use funds 9 to— 10 (A) evaluate the current discipline policies 11 of a school and, in partnership with students 12 (including girls of color), the family members of 13 students, and the local community of such 14 school, develop discipline policies for such school 15 to ensure that such policies are not exclusionary 16 or discriminately applied toward students; 17 (B) provide training and professional de- 18 velopment for teachers, principals, school lead- 19 ers, and other school personnel to avoid or ad- 20 dress the overuse and discriminatory dispropor- 21 tionate use of exclusionary discipline practices 22 in schools and to create awareness of implicit 23 and explicit bias and use culturally affirming 24 practices, including training in— 25 VerDate Sep 11 2014 05:04 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325 9 •HR 5325 IH (i) identifying and providing support 1 to students who may have experienced or 2 are at risk of experiencing trauma or have 3 other mental health needs; 4 (ii) administering and responding to 5 assessments on adverse childhood experi- 6 ences; 7 (iii) providing student-centered, trau- 8 ma-informed positive behavior management 9 intervention and support that creates safe 10 and supportive school climates; 11 (iv) using restorative practices; 12 (v) using culturally and linguistically 13 responsive intervention strategies; 14 (vi) developing social and emotional 15 learning competencies; and 16 (vii) increasing student engagement 17 and improving dialogue between students 18 and teachers; 19 (C) implement evidence-based alternatives 20 to suspension or expulsion, including— 21 (i) multi-tier systems of support, such 22 as schoolwide positive behavioral interven- 23 tions and supports; 24 VerDate Sep 11 2014 05:04 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325 10 •HR 5325 IH (ii) social, emotional, and academic 1 learning strategies designed to engage stu- 2 dents and avoid escalating conflicts; and 3 (iii) other data-driven approaches to 4 improving school environments; 5 (D) improve behavioral and academic out- 6 comes for students by creating a safe and sup- 7 portive learning environment and school cli- 8 mate, which may include— 9 (i) restorative practices with respect 10 to improving relationships among students, 11 school officials, and members of the local 12 community, which may include partnering 13 with local mental health agencies or non- 14 profit organizations; 15 (ii) access to mentors and peer-based 16 support programs; 17 (iii) extracurricular programs, includ- 18 ing sports and art programs; 19 (iv) social and emotional learning 20 strategies designed to engage students and 21 avoid escalating conflicts; 22 (v) access to counseling, mental health 23 programs, and trauma-informed care pro- 24 VerDate Sep 11 2014 05:04 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325 11 •HR 5325 IH grams, including suicide prevention pro- 1 grams; and 2 (vi) access to culturally responsive 3 curricula that affirms the history and con- 4 tributions of traditionally marginalized 5 people and communities; 6 (E) hire social workers, school counselors, 7 trauma-informed care personnel, and other 8 mental health personnel; and 9 (F) support the development, delivery, and 10 analysis of school climate surveys. 11 (2) PROHIBITED USES.—An eligible entity that 12 receives a grant under this section may not use 13 funds to— 14 (A) hire or retain law enforcement per- 15 sonnel, including school resource officers; 16 (B) purchase, maintain, or install surveil- 17 lance equipment, including metal detectors or 18 software programs that monitor or mine the so- 19 cial media use or technology use of students; 20 (C) arm teachers, principals, school lead- 21 ers, or other school personnel; and 22 (D) enter into formal or informal partner- 23 ships or data and information sharing agree- 24 ments with— 25 VerDate Sep 11 2014 05:04 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325 12 •HR 5325 IH (i) the Secretary of Homeland Secu- 1 rity, including agreements with U.S. Immi- 2 gration and Customs Enforcement or U.S. 3 Customs and Border Protection; or 4 (ii) local law enforcement agencies, in- 5 cluding partnerships that allow for hiring 6 of school-based police and school resource 7 officers. 8 (e) TECHNICAL ASSISTANCE.—The Secretary, in car- 9 rying out subsection (a), may reserve not more than 2 per- 10 cent of funds to provide technical assistance to eligible en- 11 tities, which may include— 12 (1) support for data collection, compliance, and 13 analysis of the activities of the program authorized 14 under subsection (a); and 15 (2) informational meetings and seminars with 16 respect to the application process under subsection 17 (b). 18 (f) ELIGIBLE ENTITIES.—In this section, the term 19 ‘‘eligible entity’’ means— 20 (1) 1 or more local educational agencies (who 21 may be partnered with a State educational agency), 22 including a public charter school that is a local edu- 23 cational agency under State law or local educational 24 VerDate Sep 11 2014 05:04 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325 13 •HR 5325 IH agency operated by the Bureau of Indian Education; 1 or 2 (2) a nonprofit organization (defined as an or- 3 ganization described in section 501(c)(3) of the In- 4 ternal Revenue Code, which is exempt from taxation 5 under section 501(a) of such Code) with a track 6 record of success in improving school climates and 7 supporting students. 8 SEC. 5. JOINT TASK FORCE TO END SCHOOL PUSHOUT OF 9 GIRLS OF COLOR. 10 (a) ESTABLISHMENT.—The Secretary and the Sec- 11 retary of Health and Human Services shall establish and 12 operate a joint task force to end school pushout (in this 13 section referred to as the ‘‘Joint Task Force’’). 14 (b) COMPOSITION.— 15 (1) CHAIRS.—The Secretary and the Secretary 16 of Health and Human Services shall chair the Joint 17 Task Force. 18 (2) MEMBERS.—The Joint Task Force shall be 19 composed of— 20 (A) Native American girls; 21 (B) students, including Black and brown 22 girls; 23 (C) teachers; 24 (D) parents with children in school; 25 VerDate Sep 11 2014 05:04 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325 14 •HR 5325 IH (E) school officials; 1 (F) representatives from civil rights and 2 disability organizations; 3 (G) psychologists, social workers, trauma- 4 informed personnel, and other mental health 5 professionals; and 6 (H) researchers with experience in behav- 7 ioral intervention. 8 (3) ADVISORY MEMBERS.—In addition to the 9 members under paragraph (2), the Assistant Attor- 10 ney General of the Civil Rights Division of the De- 11 partment of Justice and the Director of the Bureau 12 of Indian Education shall be advisory members of 13 the Joint Task Force. 14 (4) MEMBER APPOINTMENT.—Not later than 15 60 days after the date of the enactment of this Act, 16 the Secretary and the Secretary of Health and 17 Human Services shall appoint the members of the 18 Joint Task Force— 19 (A) in accordance with paragraph (2); 20 (B) using a competitive application proc- 21 ess; and 22 (C) with consideration to the racial, ethnic, 23 gender, and geographic diversity of the Joint 24 Task Force. 25 VerDate Sep 11 2014 05:04 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325 15 •HR 5325 IH (c) STUDY AND RECOMMENDATIONS.—The Joint 1 Task Force shall— 2 (1) conduct a study to— 3 (A) identify best practices for reducing the 4 overuse and discriminatory use of exclusionary 5 discipline practices; and 6 (B) determine to what extent exclusionary 7 discipline practices contribute to the criminal- 8 ization of— 9 (i) girls of color; 10 (ii) English learners; 11 (iii) Native American girls; 12 (iv) students who identify as lesbian, 13 gay, bisexual, transgender, queer, or ques- 14 tioning; and 15 (v) students with disabilities; and 16 (2) develop recommendations based on the 17 study conducted under paragraph (1). 18 (d) REPORT.—Not later than 360 days after the date 19 of the enactment of this Act, and biannually thereafter, 20 the Secretary and the Secretary of Health and Human 21 Services shall submit to Congress a report on the rec- 22 ommendations under subsection (c)(2). 23 VerDate Sep 11 2014 05:04 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325 16 •HR 5325 IH SEC. 6. AUTHORIZATION OF APPROPRIATION. 1 (a) IN GENERAL.—There is authorized to be appro- 2 priated $500,000,000 for each of fiscal years 2021 3 through 2025 to carry out sections 4 and 5. 4 (b) ADDITIONAL FUNDING TO THE OFFICE FOR 5 CIVIL RIGHTS.—There is authorized to be appropriated 6 $500,000,000 for fiscal year 2021 through 2025, and each 7 fiscal year thereafter, to carry out section 3. 8 SEC. 7. DEFINITIONS. 9 In this Act: 10 (1) ACT OF INSUBORDINATION.—The term ‘‘act 11 of insubordination’’ means an act that disrupts a 12 school activity or instance when a student willfully 13 defies the valid authority of a school official. 14 (2) APPEARANCE OR GROOMING POLICY.—The 15 term ‘‘appearance or grooming policy’’ means any 16 practice, policy, or portion of a student conduct code 17 that governs or restricts the appearance of students, 18 including policies that— 19 (A) restrict or prescribe clothing that a 20 student may wear (such as hijabs, headwraps, 21 or bandanas); 22 (B) restrict specific hair styles (such as 23 braids, locks, twists, bantu knots, cornrows, ex- 24 tensions, or afros); or 25 VerDate Sep 11 2014 20:11 Jan 06, 2020 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325 17 •HR 5325 IH (C) restrict whether or how a student may 1 apply make-up, nail polish, or other cosmetics. 2 (3) CHEMICAL RESTRAINT.—The term ‘‘chem- 3 ical restraint’’ means a drug or medication used on 4 a student to control behavior or restrict freedom of 5 movement that is not— 6 (A) prescribed by a licensed physician, or 7 other qualified health professional acting under 8 the scope of the professional’s authority under 9 State law, for the standard treatment of a stu- 10 dent’s medical or psychiatric condition; and 11 (B) administered as prescribed by a li- 12 censed physician or other qualified health pro- 13 fessional acting under the scope of the author- 14 ity of a health professional under State law. 15 (4) DIRECT SUPERVISION.—The term ‘‘direct 16 supervision’’ means a student is physically in the 17 same location as a school official and such student 18 is under the care of the school official or school. 19 (5) DISABILITY.—The term ‘‘disability’’ means 20 a mental or physical disability that meets the condi- 21 tions set forth in clauses (i) and (ii) of section 22 602(3)(A) of the Individuals with Disabilities Edu- 23 cation Act (20 U.S.C. 1401(3)(A)(i) and (ii)). 24 VerDate Sep 11 2014 05:04 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325 18 •HR 5325 IH (6) ELEMENTARY AND SECONDARY EDUCATION 1 ACT TERMS.—The terms ‘‘elementary school’’, 2 ‘‘English learner’’, ‘‘local educational agency’’, ‘‘sec- 3 ondary school’’, and ‘‘State educational agency’’ has 4 the meanings given such terms in section 8101 of 5 the Elementary and Secondary Education Act of 6 1965 (20 U.S.C. 7801). 7 (7) GENDER IDENTITY.—The term ‘‘gender 8 identity’’ means the gender-related identity, appear- 9 ance, mannerisms, or other gender-related character- 10 istics of an individual regardless of the designated 11 sex at birth of the individual. 12 (8) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 13 has the meaning given the term in section 4(e) of 14 the Indian Self-Determination and Education Assist- 15 ance Act (25 U.S.C. 5304(e)). 16 (9) IN-SCHOOL SUSPENSION.—The term ‘‘in- 17 school suspension’’ means an instance in which a 18 student is temporarily removed from a regular class- 19 room for at least half a day but remains under the 20 direct supervision of a school official. 21 (10) MECHANICAL RESTRAINT.—The term 22 ‘‘mechanical restraint’’ has the meaning given the 23 term in section 595(d)(1) of the Public Health Serv- 24 ice Act (42 U.S.C. 290jj(d)(1)), except that the 25 VerDate Sep 11 2014 05:04 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325 19 •HR 5325 IH meaning shall be applied by substituting ‘‘student’’ 1 for ‘‘resident’’. 2 (11) MULTI-TIER SYSTEM OF SUPPORTS.—The 3 term ‘‘multi-tier system of supports’’ means a com- 4 prehensive continuum of evidence-based, systemic 5 practices to support a rapid response to the needs of 6 students, with regular observation to facilitate data- 7 based instructional decision making. 8 (12) OUT-OF-SCHOOL SUSPENSION.—The term 9 ‘‘out-of-school suspension’’ means an instance in 10 which a student is excluded from school for discipli- 11 nary reasons by temporarily being removed from 12 regular classes to another setting, including a home 13 or behavior center, regardless of whether such dis- 14 ciplinary removal is deemed as a suspension by 15 school officials. 16 (13) PHYSICAL ESCORT.—The term ‘‘physical 17 escort’’ has the meaning given the term in section 18 595(d)(2) of the Public Health Service Act (42 19 U.S.C. 290jj(d)(2)), except that the meaning shall 20 be applied by substituting ‘‘student’’ for ‘‘resident’’. 21 (14) PHYSICAL RESTRAINT.—The term ‘‘phys- 22 ical restraint’’ means a personal restriction that im- 23 mobilizes or reduces the ability of an individual to 24 move the individual’s arms, legs, torso, or head free- 25 VerDate Sep 11 2014 05:04 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325 20 •HR 5325 IH ly, except that such term does not include a physical 1 escort, mechanical restraint, or chemical restraint. 2 (15) POSITIVE BEHAVIOR INTERVENTION AND 3 SUPPORT.—The term ‘‘positive behavior intervention 4 and support’’ means using a systematic and evi- 5 dence-based approach to achieve improved academic 6 and social outcomes for students. 7 (16) PUSHOUT.—The term ‘‘pushout’’ means 8 an instance when a student leaves elementary, mid- 9 dle or secondary school, including a forced transfer 10 to another school, prior to graduating secondary 11 school due to overuse of exclusionary discipline prac- 12 tices, failure to address trauma or other mental 13 health needs, discrimination, or other educational 14 barriers that do not support or promote the success 15 of a student. 16 (17) SCHOOL OFFICIAL.—The term ‘‘school of- 17 ficial’’ means a teacher, school principal, adminis- 18 trator, or other personnel engaged in the perform- 19 ance of duties with respect to a school. 20 (18) SECLUSION.—The term ‘‘seclusion’’ means 21 the involuntary confinement of a student alone in a 22 room or area where the student is physically pre- 23 vented from leaving, and does not include a time 24 out. 25 VerDate Sep 11 2014 05:04 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325 21 •HR 5325 IH (19) SECRETARY.—The term ‘‘Secretary’’ 1 means the Secretary of Education. 2 (20) SERIOUS BODILY INJURY.—The term ‘‘se- 3 rious bodily injury’’ has the meaning given that term 4 in section 1365(h)(3) of title 18, United States 5 Code. 6 (21) SEXUAL ORIENTATION.—The term ‘‘sexual 7 orientation’’ means homosexuality, heterosexuality, 8 or bisexuality. 9 (22) SPECIAL EDUCATION SCHOOL.—The term 10 ‘‘special education school’’ means a school that fo- 11 cuses primarily on serving the needs of students who 12 qualify as ‘‘a child with a disability’’ as that term 13 is defined under section 602(3)(A)(i) of the Individ- 14 uals with Disabilities Education Act (20 U.S.C. 15 1401(3)(A)(i)) or are subject to section 504 of the 16 Rehabilitation Act of 1973 (29 U.S.C. 794). 17 (23) TIME OUT.—The term ‘‘time out’’ has the 18 meaning given the term in section 595(d)(5) of the 19 Public Health Service Act (42 U.S.C. 290jj(d)(5)), 20 except that the meaning shall be applied by sub- 21 stituting ‘‘student’’ for ‘‘resident’’. 22 (24) ZERO-TOLERANCE POLICY.—The term 23 ‘‘zero-tolerance policy’’ is a school discipline policy 24 that results in an automatic disciplinary con- 25 VerDate Sep 11 2014 05:04 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325 22 •HR 5325 IH sequence, including out-of-school suspension, expul- 1 sion, and involuntary school transfer. 2 Æ VerDate Sep 11 2014 05:04 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6301 E:\BILLS\H5325.IH H5325