[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2597 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2597
To amend the Elementary and Secondary Education Act of 1965 to allow
State educational agencies, local educational agencies, and schools to
increase implementation of school-wide positive behavior supports.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 21, 2009
Mr. Hare (for himself, Ms. Shea-Porter, Mr. Loebsack, Mr. Courtney, Mr.
Davis of Illinois, Ms. Schakowsky, and Mr. Cummings) 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 educational agencies, local educational agencies, and schools to
increase implementation of school-wide 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 Safe and
Effective Schools Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Educators, parents, and the general public cite a lack
of discipline as a leading challenge facing many public
schools.
(2) Negative and reactive school management practices, such
as metal detectors or surveillance cameras, zero tolerance
policies and other ``get-tough'' approaches to school
discipline, are ineffective and often counterproductive.
(3) Research shows that ``get tough'' approaches to
discipline reinforce bad behavior and predict higher future
rates of misbehavior among suspended students.
(4) However, suspensions and expulsions are on the rise
nationally, and according to the United States Department of
Education Office of Civil Rights during the 2005-2006 school
year over 3,300,000 students were suspended at least once and
over 100,000 students were expelled.
(5) Students of color and students with disabilities are
disproportionately subject to zero tolerance-based punishments
such as suspension and expulsion.
(6) There is a high correlation between school discipline
and the student dropout rate. Suspended students are more
likely to be retained, to dropout, to engage in delinquent
activity, and to become involved in the juvenile or criminal
justice system.
(7) Teachers are also more likely to ``dropout'' of our
schools because of school discipline issues. A 2005 national
survey found that 44 percent of teachers, and 39 percent of
highly qualified teachers, listed school discipline as a reason
for leaving the profession.
(8) Learning is linked to student behavior. Successful
schools implement high academic and behavior standards, where
improvements in student behavior and school climate are
correlated with improved academic outcomes.
(9) Evidence-based and scientifically valid practices for
improving behavior and creating a school climate more conducive
to learning such as school-wide positive behavior supports,
have not been widely adopted, accurately implemented, or
sustained.
(10) Effective implementation of school-wide positive
behavior supports is linked to greater academic achievement,
significantly fewer disciplinary problems, lower suspension and
expulsion rates, and increased time for instruction.
(11) Early intervening services are an effective strategy
for instructional support. Following implementation of school-
wide positive behavior supports, out-of-school suspensions at
an elementary school in Illinois decreased 85 percent, from 243
to 37 or fewer in 2 subsequent years, with a resultant gain of
386 days of instructional time. The percentage of students
meeting or exceeding proficiency on State standards increased
measurably.
(12) 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. Upon implementing such supports, an elementary
school in Maryland witnessed a decrease in office discipline
referrals for major rule violations by 42 percent, recouping
119 days of instructional time for students, and 40 days of
administrator time within 1 school year.
(13) Schools that implement school-wide positive behavior
supports are perceived by teachers to be safer teaching
environments. In South Carolina, a school using a system of
positive behavior supports found that teacher transfer requests
declined by 100 percent and teacher absence days decreased by
36 percent.
(14) When approaches such as school-wide positive behavior
supports are employed, all students, including those with
significant and challenging behaviors, can succeed.
(b) Purposes.--The purposes of this Act are to expand the use of
school-wide positive behavior supports in schools in order to
systematically create a school climate that is highly conducive to
learning, to reduce discipline referrals, and to improve student
academic outcomes.
SEC. 3. DEFINITION OF POSITIVE BEHAVIOR SUPPORTS.
In this Act, the term ``positive behavior supports'' means a
systematic approach to embed proven practices for early intervening
services, including a range of systemic and individualized strategies
to reinforce desired behaviors and eliminate reinforcement for problem
behaviors, in order to achieve important social outcomes and increase
learning, while preventing problem behaviors for all students including
those with the most complex and intensive behavioral needs.
SEC. 4. SCHOOL-WIDE POSITIVE BEHAVIOR SUPPORTS.
(a) Flexibility To Use Title I Funds To Implement School-Wide
Positive Behavior Supports.--
(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 school-wide 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--
``(A) aligned with funds authorized under section
613(f) of the Individuals with Disabilities Education
Act; and
``(B) used to supplement, and not supplant, funds
made available under such Act for such activities and
services.''.
(2) Technical assistance.--The Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended--
(A) in section 1116(b)(4)(B)--
(i) by redesignating clauses (iii) and (iv)
as clauses (iv) and (v), respectively; and
(ii) by inserting after clause (ii) the
following:
``(iii) shall include assistance in
implementation of school-wide positive behavior
supports and other approaches with evidence of
effectiveness for improving the learning
environment in the school and reducing the need
for suspensions, expulsions, referrals to law
enforcement, and other actions that remove
students from instruction;''.
(B) in section 1117(a)(3), by inserting ``any
technical assistance center on school-wide positive
behavior supports funded under section 665(b) of the
Individuals with Disabilities Education Act,'' after
``2002),''; and
(C) in section 1117(a)(5)(B)--
(i) by redesignating clauses (iii) and (iv)
as clauses (iv) and (v), respectively; and
(ii) by inserting after clause (ii) the
following:
``(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 school-wide positive behavior
supports or other early intervening services,
or both;''.
(b) LEA Flexibility To Improve School Climate.--Section
1114(b)(1)(B)(iii)(I) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6314(b)(1)(B)(iii)(I)) is amended--
(1) by redesignating items (bb) and (cc) as items (cc) and
(dd), respectively; and
(2) by inserting after item (aa) the following:
``(bb) improving the
learning environment in the
school, including the
implementation of school-wide
positive behavior supports, in
order to improve academic
outcomes for students and
reduce the need for
suspensions, expulsions,
referrals to law enforcement,
and other actions that remove
students from instruction;''.
SEC. 5. TEACHER AND PRINCIPAL PREPARATION TO IMPROVE SCHOOL CLIMATE.
Section 2122(c)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6622(c)(2)) is amended--
(1) by striking ``subject matter knowledge and teaching
skills'' and inserting ``subject matter knowledge, teaching
skills, and an understanding of social or emotional, or both,
learning in children and approaches that improve the school
climate for learning (such as school-wide positive behavior
supports)''; and
(2) by inserting ``to improve the teachers' schools'
climate for learning'' after ``instructional leadership skills
to help teachers''.
SEC. 6. SAFE AND DRUG FREE SCHOOLS AND COMMUNITIES.
Section 4002 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7102) is amended--
(1) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(2) by striking all that precedes paragraph (2) 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 reduce the need for suspensions, expulsions,
referrals to law enforcement, and other actions that remove
students from instruction, 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 school-wide climate
(including implementation of school-wide positive behavior
supports);''.
SEC. 7. EARLY INTERVENING SERVICES UNDER SCHOOL COUNSELORS PROGRAM.
Section 5421(b)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7245(b)(2)) is amended--
(1) by redesignating subparagraphs (C) through (H) as
subparagraphs (D) through (I), respectively; and
(2) by inserting after subparagraph (B) the following:
``(C) describe how the local educational agency
will address the need for early intervening services
that improve the school climate for learning and reduce
the need for suspensions, expulsions, referrals to law
enforcement, and other actions that remove students
from instruction, such as through school-wide positive
behavior supports;''.
SEC. 8. OFFICE OF SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES.
The Department of Education Organization Act (20 U.S.C. 3401 et
seq.) is amended by adding at the end of title II the following:
``SEC. 221. OFFICE OF SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES.
``(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 (referred to in this section as the
`Office').
``(b) Purpose.--The purpose of the Office shall be to administer,
coordinate, implement, and ensure adequate evaluation of the
effectiveness of programs and activities concerned with providing
specialized instructional support services in schools, delivered by
trained, qualified specialized instructional support personnel.
``(c) Director.--The Office established under subsection (a) 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 valid 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 educational
agencies and State educational agencies in the provision of
effective, scientifically valid, specialized instructional
support services;
``(5) coordinate specialized instructional support services
programs and services in schools between the Department of
Education and other Federal agencies, as appropriate; and
``(6) ensure evaluation of the effectiveness of the
activities described in this subsection, as directed by the
Secretary and Deputy Secretary.
``(e) Specialized Instructional Support Personnel; Specialized
Instructional Support Services.--In this section:
``(1) 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 such term is defined in section
602 of the Individuals with Disabilities Education Act) as part
of a comprehensive program to meet student needs.
``(2) 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.''.
SEC. 9. DEFINITION IN ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.
Section 9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801) is amended--
(1) by redesignating paragraphs (33) through (43) as
paragraphs (34) through (44); and
(2) by inserting after paragraph (32) the following:
``(33) Positive behavior supports.--The term `positive
behavior supports' means a systematic approach to embed proven
practices for early intervening services, including a range of
systemic and individualized strategies to reinforce desired
behaviors and eliminate reinforcement for problem behaviors, in
order to achieve important social outcomes and increase student
learning, while preventing problem behaviors.''.
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