[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3165 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3165

 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

                            October 12, 2011

Mr. Davis of Illinois (for himself, Mr. Platts, Mr. Scott of Virginia, 
and Mr. Murphy of Connecticut) introduced the following bill; which was 
        referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 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 
        ineffective school discipline policies as a leading challenge 
        facing many public schools.
            (2) Overly harsh, nondiscretionary school discipline 
        practices that address even minor misbehavior through 
        suspension, expulsion, metal detectors, surveillance cameras, 
        and arrest are ineffective and 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 
        more likely to be suspended or expelled than their peers for 
        similar disciplinary incidents.
            (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, corporal 
                        punishment, 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, 
                                        corporal punishment, 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, 
        corporal punishment, 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 promote meaningful family 
        engagement in education, 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, corporal 
                punishment, referrals to law enforcement, and other 
                actions that remove students from instruction, such as 
                through school-wide positive behavior supports;''.

SEC. 8. SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES.

    (a) In General.--The Secretary of Education, acting through the 
Office of the Deputy Secretary, shall 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. In carrying out 
this subsection, the Secretary 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.
    (b) 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 (20) through (32) as 
        paragraphs (21) through (33);
            (2) by inserting after paragraph (19) the following:
            ``(20) Family engagement in education.--The term `family 
        engagement in education' means a shared responsibility--
                    ``(A) of families and schools for student success, 
                in which schools and community-based organizations are 
                committed to reaching out to engage families in 
                meaningful ways and families are committed to actively 
                supporting their children's learning and development; 
                and
                    ``(B) that is continuous from birth through young 
                adulthood and reinforces learning that takes place in 
                the home, school, and community.'';
            (3) by redesignating the first paragraph (33) through 
        paragraph (42) as paragraphs (35) through (44), respectively; 
        and
            (4) 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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