Ending Corporal Punishment in Schools Act of 2011 - Amends the General Education Provisions Act to prohibit the Secretary of Education from providing education funding to any educational agency or institution that allows school personnel to inflict corporal punishment upon a student as a form of punishment or to modify undesirable behavior.
Requires each state to submit a plan to the Secretary, within 18 months of this Act's enactment and every third year thereafter, that describes how the state eliminates the use of corporal punishment in schools and makes school personnel and parents aware of its policies and procedures for doing so.
Authorizes the Secretary to award three-year grants to states and, through them, competitive subgrants to local educational agencies (LEAs) to assist them in improving school climate and culture by implementing school-wide positive behavior supports.
Requires grant and subgrant funds to be used for professional training, technical assistance, research, and outreach regarding positive behavior supports. Requires LEAs to ensure that private school personnel can participate, on an equitable basis, in activities supported by such funds.
Authorizes the Secretary to allocate funds to the Secretary of the Interior to carry out such activities with regard to schools operated or funded by the Department of the Interior.
Directs the Secretary to conduct a national assessment to determine compliance with this Act's requirements and identify best practices regarding positive behavior support professional training programs.
Gives Protection and Advocacy Systems the authority provided under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 to investigate, monitor, and enforce this Act's protections for students.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3027 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3027
To end the use of corporal punishment in schools, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 22, 2011
Mrs. McCarthy of New York (for herself, Mr. Scott of Virginia, Mr.
Polis, Mr. Ellison, Mr. Capuano, Mr. Payne, and Mr. Filner) introduced
the following bill; which was referred to the Committee on Education
and the Workforce
_______________________________________________________________________
A BILL
To end the use of corporal punishment 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 Corporal Punishment in
Schools Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Behavioral interventions for children must promote the
right of all children to be treated with dignity. All children
have the right to be free from any corporal punishment.
(2) Safe, effective, evidence-based strategies are
available to support children who display challenging behaviors
in school settings.
(3) School personnel have the right to work in a safe
environment and should be provided training and support to
prevent injury and trauma to themselves and others.
(4) According to the Department of Education's Technical
Assistance Center on School-Wide Positive Behavior
Interventions and Support, outcomes associated with school-wide
positive behavior support are decreased office discipline
referrals, increased instructional time, decreased
administrator time spent on discipline issues, efficient and
effective use of scarce resources, and increased perception of
school safety and sustainability through a team approach.
(5) Nineteen States continue to permit corporal punishment
in public schools.
(6) According to Department of Education statistics, each
year in the United States, hundreds of thousands of school
children are subjected to corporal punishment in public
schools. School corporal punishment is usually executed in the
form of ``paddling'', or striking students with a wooden paddle
on their buttocks or legs, which can result in abrasions,
bruising, severe muscle injury, hematomas, whiplash damage,
life-threatening hemorrhages, and other medical complications
that may require hospitalization.
(7) Gross racial disparity exists in the execution of
corporal punishment of public school children, and African-
American schoolchildren are disproportionately corporally
punished. The most recent available statistics show that
African-American students make up 17.1 percent of the national
student population, but 35.6 percent of all students subjected
to physical punishment at school.
(8) Public school children with disabilities are subjected
to corporal punishment at disproportionately high rates,
approximately twice the rate of the general student population
in some States.
(9) Corporal punishment is used in many instances for minor
disciplinary infractions, such as being tardy or violating the
dress code.
(10) Corporal punishment has resulted in physical injury
and psychological trauma to children in public and private
schools. Social skills development after the use of corporal
punishment may be severely altered, leading to aggressive
behaviors. National research shows students have been subjected
to corporal punishment in schools as a means of discipline, to
force compliance, or as a substitute for appropriate
educational support.
(11) Children are protected from corporal punishment in
other settings, such as hospitals, health facilities, Head
Start programs, and nonmedical community-based facilities.
Similar protections are needed in schools.
(12) Prisoners in Federal prison are protected from
corporal punishment.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) eliminate the use of corporal punishment in schools;
(2) ensure the safety of all students and school personnel
in schools and promote a positive school culture and climate;
(3) assist States, local educational agencies, and schools
in identifying and implementing effective evidence-based models
to prevent and reduce--
(A) corporal punishment in schools;
(B) aversive behavior interventions that compromise
health and safety; and
(C) physical, emotional, or psychological abuse.
SEC. 4. PROHIBITION AGAINST CORPORAL PUNISHMENT.
Subpart 4 of part C of the General Education Provisions Act (20
U.S.C. 1232f et seq.) is amended by adding at the end the following:
``SEC. 448. PROHIBITION AGAINST CORPORAL PUNISHMENT.
``(a) General Prohibition.--No funds shall be made available under
any applicable program to any educational agency or institution,
including a local educational agency or State educational agency, that
has a policy or practice which allows school personnel to inflict
corporal punishment upon a student--
``(1) as a form of punishment; or
``(2) for the purpose of modifying undesirable behavior.
``(b) Local Educational Agencies.--
``(1) In general.--In the case of an applicable program
under which a local educational agency may only receive funds
through a State educational agency that is prohibited under
subsection (a) from receiving funds under any applicable
program, a local educational agency that is not prohibited
under subsection (a) from receiving such funds may apply
directly to the Secretary to receive funds under the program.
``(2) Certification.--Each local educational agency
applying directly to the Secretary under paragraph (1) shall
certify in such application that the agency is not prohibited
under subsection (a) from receiving funds under any applicable
program.
``(c) Rule of Construction.--Nothing in this section shall be
construed to preclude school personnel from using, within the scope of
employment, reasonable restraint to the lightest possible degree upon a
student, if--
``(1) the student's behavior poses an imminent danger of
physical injury to the student, school personnel, or others;
``(2) less restrictive interventions would be ineffective
in stopping such imminent danger of physical injury; and
``(3) the reasonable restraint ends immediately upon the
cessation of the conditions described in paragraphs (1) and
(2).
``(d) Definitions.--For purposes of this section--
``(1) the term `corporal punishment' has the meaning given
such term in section 12 of the Ending Corporal Punishment in
Schools Act of 2011;
``(2) the term `educational agency or institution' means
any public or private agency or institution which is the
recipient, or serves students who are recipients of, funds
under any applicable program;
``(3) the terms `local educational agency' and `State
educational agency' have the meanings given such terms in
section 9101 of the Elementary and Secondary Education Act of
1965;
``(4) the term `school personnel' has the meaning given
such term in section 12 of the Ending Corporal Punishment in
Schools Act of 2011; and
``(5) the term `student' includes any person who is in
attendance at an educational agency or institution.''.
SEC. 5. STATE PLAN AND ENFORCEMENT.
(a) State Plan.--Not later than 18 months after the date of
enactment of this Act and every third year thereafter, each State
educational agency shall submit to the Secretary a State plan that
provides--
(1) assurances to the Secretary that the State has in
effect policies and procedures that eliminate the use of
corporal punishment in schools;
(2) a description of the State's policies and procedures;
and
(3) a description of the State plans to ensure school
personnel and parents, including private school personnel and
parents, are aware of the State's policies and procedures.
(b) Enforcement.--
(1) In general.--
(A) Use of remedies.--If a State educational agency
fails to comply with subsection (a), the Secretary
shall--
(i) withhold, in whole or in part, further
payments under an applicable program (as such
term is defined in section 400(c) of the
General Education Provisions Act (20 U.S.C.
1221)) in accordance with section 455 of such
Act (20 U.S.C. 1234d);
(ii) enter into a compliance agreement in
accordance with section 457 of the General
Education Provisions Act (20 U.S.C. 1234f); or
(iii) issue a complaint to compel
compliance of the State educational agency
through a cease and desist order, in the same
manner the Secretary is authorized to take such
action under section 456 of the General
Education Provisions Act (20 U.S.C. 1234e).
(B) Cessation of withholding of funds.--Whenever
the Secretary determines (whether by certification or
other appropriate evidence) that a State educational
agency that is subject to the withholding of payments
under subparagraph (A)(i) has cured the failure
providing the basis for the withholding of payments,
the Secretary shall cease the withholding of payments
with respect to the State educational agency under such
subparagraph.
(2) Rule of construction.--Nothing in this subsection shall
be construed to limit the Secretary's authority under the
General Education Provisions Act (20 U.S.C. 1221 et seq.).
(c) Rule of Construction.--Nothing in this section shall be
construed to preclude school personnel from using, within the scope of
employment, reasonable restraint to the lightest possible degree upon a
student, if--
(1) the student's behavior poses an imminent danger of
physical injury to the student, school personnel, or others;
(2) less restrictive interventions would be ineffective in
stopping such imminent danger of physical injury; and
(3) the reasonable restraint ends immediately upon the
cessation of the conditions described in paragraphs (1) and
(2).
SEC. 6. GRANT AUTHORITY.
(a) In General.--From the amount appropriated under section 11, the
Secretary may award grants to State educational agencies to assist the
agencies in improving school climate and culture by implementing
school-wide positive behavior support approaches.
(b) Duration of Grant.--A grant under this section shall be awarded
to a State educational agency for a 3-year period.
(c) Application.--Each State educational agency desiring a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may require, including information on how the State
educational agency--
(1) will develop State training programs on school wide-
positive behavior support approaches, such as training programs
developed with the assistance of the Secretary (acting through
the Office of Special Education Programs Technical Assistance
Center on Positive Behavioral Interventions and Supports of the
Department of Education); and
(2) will target resources to schools and local educational
agencies in need of assistance related to improving school
culture and climate through positive behavior supports.
(d) Authority To Make Subgrants.--
(1) In general.--A State educational agency receiving a
grant under this section may use such grant funds to award
subgrants, on a competitive basis, to local educational
agencies.
(2) Application.--A local educational agency desiring to
receive a subgrant under this section shall submit an
application to the applicable State educational agency at such
time, in such manner, and containing such information as the
State educational agency may require.
(e) Private School Participation.--
(1) In general.--A local educational agency receiving
subgrant funds under this section shall, after timely and
meaningful consultation with appropriate private school
officials, ensure that private school personnel can
participate, on an equitable basis, in activities supported by
funds under this section.
(2) Public control of funds.--The control of funds provided
under this section, and title to materials, equipment, and
property purchased with such funds, shall be in a public
agency, and a public agency shall administer such funds,
materials, equipment, and property.
(f) Required Activities.--A State educational agency receiving a
grant, or a local educational agency receiving a subgrant, under this
section shall use such grant or subgrant funds to carry out the
following:
(1) Developing and implementing high-quality professional
development and training programs, such as training programs
developed with the assistance of the Secretary (acting through
the Office of Special Education Programs Technical Assistance
Center on Positive Behavioral Interventions and Supports of the
Department of Education), to implement evidence-based
systematic approaches to school-wide positive behavior
supports, including improving coaching, facilitation, and
training capacity for principals and other administrators,
teachers, specialized instructional support personnel, and
other staff.
(2) Providing technical assistance to develop and implement
evidence-based systematic approaches to school-wide positive
behavior supports, including technical assistance for data-
driven decisionmaking related to behavioral supports and
interventions in the classroom and throughout common areas.
(3) Researching, evaluating, and disseminating high-quality
evidence-based programs and activities that implement school-
wide positive behavior supports with fidelity.
(4) Supporting other local positive behavior support
implementation activities consistent with this subsection,
including outreach to families and community agencies and
providers, such as mental health authorities.
(g) Evaluation and Report.--Each State educational agency receiving
a grant under this section shall, at the end of the 3-year grant period
for such grant, prepare and submit to the Secretary, a report that--
(1) evaluates the State's progress toward developing and
implementing evidence-based systematic approaches to school-
wide positive behavior supports; and
(2) includes such information as the Secretary may require.
(h) Department of the Interior.--From the amount appropriated under
section 11, the Secretary may allocate funds to the Secretary of the
Interior for activities under this section with respect to schools
operated or funded by the Department of the Interior, under such terms
as the Secretary of Education may prescribe.
SEC. 7. NATIONAL ASSESSMENT.
(a) National Assessment.--The Secretary shall carry out a national
assessment to--
(1) determine compliance with the requirements of this Act;
and
(2) identify best practices with respect to professional
development and training programs carried out under section 6,
which shall include identifying evidence-based school personnel
training models with demonstrated success (including models
that emphasize positive behavior supports and de-escalation
techniques over physical intervention).
(b) Report.--The Secretary shall submit to the Committee on
Education and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the Senate--
(1) an interim report that summarizes the preliminary
findings of the assessment described in subsection (a) not
later than 3 years after the date of enactment of this Act; and
(2) a final report of the findings of the assessment not
later than 5 years after the date of the enactment of this Act.
SEC. 8. PROTECTION AND ADVOCACY SYSTEMS.
Protection and Advocacy Systems shall have the authority provided
under section 143 of the Developmental Disabilities Assistance and Bill
of Rights Act of 2000 (42 U.S.C. 15043) to investigate, monitor, and
enforce protections provided for students under this Act and the
amendments made by this Act.
SEC. 9. LIMITATION OF AUTHORITY.
(a) In General.--Nothing in this Act shall be construed to restrict
or limit, or allow the Secretary to restrict or limit, any other rights
or remedies otherwise available to students or parents under Federal,
State, or local law or regulation.
(b) Applicability.--
(1) Private schools.--Nothing in this Act shall be
construed to affect any private school that does not receive,
or does not serve students who receive, support in any form
from any program supported, in whole or in part, with funds
appropriated to the Department of Education.
(2) Home schools.--Nothing in this Act shall be construed
to--
(A) affect a home school, whether or not a home
school is treated as a private school or home school
under State law; or
(B) consider parents who are schooling a child at
home as school personnel.
SEC. 10. RULE OF CONSTRUCTION ON DATA COLLECTION.
Nothing in this Act shall be construed to affect the collection of
information or data with respect to corporal punishment authorized
under the statutes and regulations implementing title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000c), title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794 et seq.), or the Department
of Education Organization Act (20 U.S.C. 3401 et seq.).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act for fiscal year 2012 and each of the 4
succeeding fiscal years.
SEC. 12. DEFINITIONS.
In this Act:
(1) Corporal punishment.--The term ``corporal punishment''
means paddling, spanking, or other forms of physical
punishment, however light, imposed upon a student.
(2) Educational service agency.--The term ``educational
service agency'' has the meaning given such term in section
9101(17) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801(17)).
(3) Elementary school.--The term ``elementary school'' has
the meaning given the term in section 9101(18) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(18)).
(4) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 9101(26) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(26)).
(5) Parent.--The term ``parent'' has the meaning given the
term in section 9101(31) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801(31)).
(6) Positive behavior supports.--The term ``positive
behavior supports'' means a systematic approach to embed
evidence-based practices and data-driven decisionmaking to
improve school climate and culture, including a range of
systemic and individualized strategies to reinforce desired
behaviors and diminish reoccurrence of problem behaviors, in
order to achieve improved academic and social outcomes and
increase learning for all students, including those with the
most complex and intensive behavioral needs.
(7) Protection and advocacy system.--The term ``protection
and advocacy system'' means a protection and advocacy system
established under section 143 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).
(8) School.--The term ``school'' means an entity--
(A) that--
(i) is a public or private--
(I) day or residential elementary
school or secondary school; or
(II) early childhood, elementary
school, or secondary school program
that is under the jurisdiction of a
school, local educational agency,
educational service agency, or other
educational institution or program; and
(ii) receives, or serves students who
receive, support in any form from any program
supported, in whole or in part, with funds
appropriated to the Department of Education; or
(B) that is a school funded or operated by the
Department of the Interior.
(9) School personnel.--The term ``school personnel'' has
the meaning--
(A) given the term in section 4151(10) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7161(10)); or
(B) given the term ``school resource officer'' in
section 4151(11) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7161(11)).
(10) Specialized instructional support personnel.--The term
``specialized instructional support personnel'' means school
counselors, school social workers, school nurses, school
psychologists, and other qualified professional personnel
involved in providing assessment, diagnosis, counseling,
educational, health, therapeutic, and other necessary
corrective or supportive services.
(11) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 9101(38) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(38)).
(12) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(13) State.--The term ``State'' has the meaning given the
term in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(14) State educational agency.--The term ``State
educational agency'' has the meaning given the term in section
9101(41) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801(41)).
(15) Student.--The term ``student'' means a student
enrolled in a school defined in paragraph (8).
SEC. 13. PRESUMPTION OF CONGRESS RELATING TO COMPETITIVE PROCEDURES.
(a) Presumption.--It is the presumption of Congress that grants
awarded under this Act will be awarded using competitive procedures
based on merit.
(b) Report to Congress.--If grants are awarded under this Act using
procedures other than competitive procedures, the Secretary shall
submit to Congress a report explaining why competitive procedures were
not used.
SEC. 14. PROHIBITION ON EARMARKS.
None of the funds appropriated to carry out this Act may be used
for a congressional earmark as defined in clause 9e of rule XXI of the
Rules of the House of Representatives of the 112th Congress.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
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