[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3407 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3407

 To amend the Elementary and Secondary Education Act of 1965 to allow 
State and local educational agencies and schools to make greater use of 
 early intervening services, particularly schoolwide positive behavior 
                               supports.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 3, 2007

  Mr. Hare (for himself, Mr. Loebsack, Ms. Woolsey, and Mr. Davis of 
  Illinois) introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
 To amend the Elementary and Secondary Education Act of 1965 to allow 
State and local educational agencies and schools to make greater use of 
 early intervening services, particularly schoolwide positive behavior 
                               supports.

    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 ``Positive Behavior for Effective 
Schools Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Educators and the general public cite disciplinary 
        issues as the leading challenge facing schools.
            (2) There is significant evidence that zero tolerance and 
        other get-tough approaches to school discipline are ineffective 
        and even counter-productive.
            (3) Learning and behavior are inextricably linked. The most 
        successful schools have high academic and behavior standards, 
        and improvements in student behavior and school climate are 
        correlated with improvements in academic outcomes and 
        graduation rates.
            (4) Evidence-based practices for improving behavior and 
        creating a school climate more conducive to learning have not 
        been uniformly adopted and sustained.
            (5) Many problems can be prevented or minimized with early 
        intervening services that have been shown to be effective and 
        reduce the need for more intensive and more costly 
        interventions.
            (6) In particular, the use of positive behavior supports 
        leads to greater academic achievement, significantly fewer 
        disciplinary problems, lower suspension and expulsion rates, 
        greater inclusion, more time for instruction, and increased 
        opportunities for all students to achieve.
            (7) The application of schoolwide positive behavior 
        supports decreases rates of problem behaviors by improving the 
        systematic and consistent use of active supervision, positive 
        feedback, and social skills instruction.
            (8) When approaches such as positive behavior support are 
        paired with effective interventions and services for students 
        with significant needs, all students, including those with the 
        most challenging behaviors, can succeed.
    (b) Purposes.--The purposes of this Act are to expand the use of 
positive behavior supports and other early intervening services in 
schools in order to systematically create a school climate that is 
highly conducive to learning, reduce discipline referrals, and improve 
academic outcomes.

SEC. 3. POSITIVE BEHAVIOR SUPPORT DEFINED.

    Section 9101 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801) is amended by adding at the end the following:
            ``(44) Positive behavior support.--The term `positive 
        behavior support' means a broad range of systemic and 
        individualized strategies for achieving important social and 
        learning outcomes while preventing problem behavior with all 
        students.''.

SEC. 4. SCHOOLWIDE POSITIVE BEHAVIOR SUPPORT.

    (a) Flexibility To Use Title I Funds To Implement Schoolwide 
Positive Behavior Support.--
            (1) In general.--Section 1003(b) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6303(b)) is 
        amended--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively;
                    (B) by inserting ``(1)'' before ``Of the amount''; 
                and
                    (C) by adding at the end the following:
    ``(2) Of the amount reserved under subsection (a) for any fiscal 
year, the State educational agency may allocate funds to develop and 
implement coordinated, early intervening services (including schoolwide 
positive behavior supports) for all students, including those who have 
not been identified as needing special education but who need 
additional academic and behavioral support to succeed in a general 
education environment. Funds so allocated shall be aligned with funds 
authorized under section 613(f) of the Individuals with Disabilities 
Education Act and shall be used to supplement, and not supplant, funds 
made available under such Act for these activities and services.''.
            (2) Technical assistance.--
                    (A) Subparagraph (B) of section 1116(b)(4) of such 
                Act (20 U.S.C. 6316(b)(4)) (relating to technical 
                assistance) is amended by redesignating clauses (iii) 
                and (iv) as clauses (iv) and (v), respectively, and by 
                inserting after clause (ii) the following new clause:
                            ``(iii) shall include assistance in 
                        implementation of schoolwide positive behavior 
                        supports and other approaches with evidence of 
                        effectiveness for improving the learning 
                        environment in the school;''.
                    (B) Paragraph (3) of section 1117(a) of such Act 
                (20 U.S.C. 6317(a)) (relating to regional centers) is 
                amended by inserting ``any technical assistance center 
                on schoolwide positive behavior supports funded under 
                section 665(b) of the Individuals with Disabilities 
                Education Act,'' after ``2002),''.
                    (C) Subparagraph (B) of section 1117(a)(5) of such 
                Act (20 U.S.C. 6317(a)(5)) (relating to functions of 
                school support teams) is amended by redesignating 
                clauses (iii) and (iv) as clauses (iv) and (v), 
                respectively, and by inserting after clause (ii) the 
                following new clause:
                            ``(iii) review the number of discipline 
                        referrals in the school and the overall school 
                        climate and engagement of families, and use 
                        that information to assist the school to 
                        implement schoolwide positive behavior supports 
                        and/or other early intervening services;''.
    (b) LEA Flexibility To Improve School Climate.--Subclause (I) of 
section 1114(b)(1)(B)(iii) of such Act (20 U.S.C. 6314(b)(1)(B)(iii)) 
(relating to schoolwide reform strategies) is amended by redesignating 
items (bb) and (cc) as items (cc) and (dd), respectively, and by 
inserting after item (aa) the following new item:
                                            ``(bb) improve the learning 
                                        environment in the school, 
                                        including the implementation of 
                                        schoolwide positive behavior 
                                        supports, in order to improve 
                                        academic outcomes for 
                                        students;''.

SEC. 5. AMENDMENTS RELATED TO THE SAFE AND DRUG-FREE SCHOOLS AND 
              COMMUNITIES PROGRAM.

    Section 4002 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7102) (relating to purpose) is amended by redesignating 
paragraphs (1) through (4) as paragraphs (2) through (5), respectively, 
and by striking all that precedes paragraph (2) (as so redesignated) 
and inserting the following:
    ``The purpose of this part is to support programs that improve the 
whole school climate in order to foster learning, including programs 
that prevent discipline problems; that prevent violence in and around 
schools; that prevent the illegal use of alcohol, tobacco, and drugs; 
that involve parents and communities in the school programs and 
activities; and that are coordinated with related Federal, State, 
school, and community efforts and resources to foster a safe and drug-
free learning environment that supports student academic achievement, 
through the provision of Federal assistance to--
            ``(1) States for grants to local educational agencies and 
        consortia of such agencies to establish, operate and improve 
        local programs relating to improving the schoolwide climate 
        (including implementation of positive behavior supports and 
        other programs);''.

SEC. 6. EARLY INTERVENING SERVICES UNDER ELEMENTARY AND SECONDARY 
              SCHOOL COUNSELING PROGRAM.

    Paragraph (2) of section 5421(b) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7245(b)) is amended by redesignating 
subparagraphs (C) through (H) as subparagraphs (D) through (I), 
respectively, and by inserting after subparagraph (B) the following new 
subparagraph:
                    ``(C) describe how the local educational agency 
                will address the need for early intervening services 
                that improve the school climate for learning, such as 
                through schoolwide positive behavior supports;''.

SEC. 7. TEACHER PROFESSIONAL DEVELOPMENT TO IMPROVE SCHOOL CLIMATE.

    Paragraph (2) of section 2122(c) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6622(c)) is amended--
            (1) by striking ``subject matter knowledge and teaching 
        skills'' and inserting ``subject matter knowledge, teaching 
        skills, and an understanding of social/emotional learning in 
        children and approaches that improve the school climate for 
        learning (such as positive behavior support)''; and
            (2) by inserting ``to improve their school's climate for 
        learning'' after ``instructional leadership skills to help 
        teachers''.

SEC. 8. OFFICE OF SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES.

    The Department of Education Organization Act is amended by adding 
at the end of title II (20 U.S.C. 3411 et seq.) the following:

         ``office of specialized instructional support services

    ``Sec. 2501. 
    ``(a) In General.--There shall be, within the Office of the Deputy 
Secretary in the Department of Education, an Office of Specialized 
Instructional Support Services (hereinafter in this section referred to 
as the `Office').
    ``(b) Purpose.--The purpose of the Office shall be to administer, 
coordinate, and carry out programs and activities concerned with 
providing specialized instructional support services in schools, 
delivered by trained, qualified specialized instructional support 
personnel.
    ``(c) Director.--The Office shall be headed by a Director who shall 
be selected by the Secretary and report directly to the Deputy 
Secretary of Education.
    ``(d) Activities.--In carrying out subsection (b), the Director 
shall support activities to--
            ``(1) improve specialized instructional support services in 
        schools in order to improve academic achievement and 
        educational results for students;
            ``(2) identify scientifically based practices in 
        specialized instructional support services that support 
        learning and improve academic achievement and educational 
        results for students;
            ``(3) provide continuous training and professional 
        development opportunities for specialized instructional support 
        personnel and other school personnel in the use of effective 
        techniques to address academic, behavioral, and functional 
        needs;
            ``(4) provide technical assistance to local and State 
        educational agencies in the provision of effective, 
        scientifically based specialized instructional support 
        services; and
            ``(5) coordinate specialized instructional support services 
        programs and services in schools between the Department of 
        Education and other federal agencies, as appropriate.''.

SEC. 9. REFERENCES TO PUPIL SERVICES AND PERSONNEL.

    (a) In General.--The Elementary and Secondary Education Act of 1965 
is amended--
            (1) by striking ``pupil services'' each place it appears in 
        sections 1114(b)(1)(B)(iii)(I)(aa), 1416(4), and 4152(2) and 
        inserting ``specialized instructional support services''; and
            (2) by striking ``pupil services personnel'' each place it 
        appears and inserting ``specialized instructional support 
        personnel''.
    (b) Definition.--Section 9101 of that Act (20 U.S.C. 7801) is 
amended--
            (1) by striking paragraph (36);
            (2) by redesignating paragraphs (37) through (39) as (36) 
        through (38); and
            (3) by inserting after paragraph (38) (as so redesignated) 
        the following:
            ``(39) Specialized instructional support personnel; 
        specialized instructional support services.--
                    ``(A) Specialized instructional support 
                personnel.--The term `specialized instructional support 
                personnel' means school counselors, school social 
                workers, school psychologists, and other qualified 
                professional personnel involved in providing 
                assessment, diagnosis, counseling, educational, 
                therapeutic, and other necessary corrective or 
                supportive services (including related services as that 
                term is defined in section 602 of the Individuals with 
                Disabilities Education Act) as part of a comprehensive 
                program to meet student needs.
                    ``(B) Specialized instructional support services.--
                The term `specialized instructional support services' 
                means the services provided by specialized 
                instructional support personnel, including any other 
                corrective or supportive services to meet student 
                needs.''.
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