[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5628 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5628

    To end the use of corporal punishment in schools, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 29, 2010

    Mrs. McCarthy of New York (for herself, Mr. Hare, Mr. Scott of 
 Virginia, Mr. Holt, Mr. Polis of Colorado, Ms. Woolsey, Mr. Grijalva, 
 Ms. Shea-Porter, Mr. Kucinich, Mr. Payne, Mr. Andrews, Mr. Hinojosa, 
 Mrs. Davis of California, Ms. Hirono, Mr. Pascrell, Mr. Capuano, Mr. 
 Murphy of Connecticut, and Mr. Sestak) introduced the following bill; 
       which was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 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.

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) Twenty 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 schoolchildren, and Black 
        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 schoolchildren 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 Agency.--
            ``(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' means paddling, 
        spanking, or other forms of physical punishment, however light, 
        imposed upon a student;
            ``(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--
                    ``(A) given the term in section 4151(10) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7161(10)); and
                    ``(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)); 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 who 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 Labor 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.

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.), and 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 2011 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)); and
                    (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 111th Congress.
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