[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 541 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 541

 To amend the Elementary and Secondary Education Act of 1965 to allow 
State educational agencies, local educational agencies, and schools to 
increase implementation of schoolwide positive behavioral interventions 
and supports and early intervening services in order to improve student 
  academic achievement, reduce overidentification of individuals with 
   disabilities, and reduce disciplinary problems in schools, and to 
  improve coordination with similar activities and services provided 
         under the Individuals with Disabilities Education Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 10, 2011

  Mr. Bennet (for himself, Mr. Alexander, Mr. Franken, and Mr. Burr) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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 schoolwide positive behavioral interventions 
and supports and early intervening services in order to improve student 
  academic achievement, reduce overidentification of individuals with 
   disabilities, and reduce disciplinary problems in schools, and to 
  improve coordination with similar activities and services provided 
         under the Individuals with Disabilities Education Act.

    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 ``Achievement Through Prevention 
Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to expand the use of positive behavioral 
interventions and supports and early intervening services in schools in 
order to improve student academic achievement, reduce 
overidentification of individuals with disabilities, and reduce 
disciplinary problems in schools.

SEC. 3. AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 
              1965.

    (a) Title I State Plans.--Section 1111(b) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6311(b)) is amended by 
adding at the end the following:
            ``(11) Positive behavioral interventions and supports.--In 
        the case of a State that proposes to use funds under this part 
        to support positive behavioral interventions and supports, the 
        State plan shall describe how the State educational agency 
        will--
                    ``(A) assist local educational agencies in 
                implementing positive behavioral interventions and 
                supports in schools served by the local educational 
                agency on a whole-school basis;
                    ``(B) provide technical assistance and training to 
                local educational agencies to improve and support the 
                development, implementation, and coordination of 
                comprehensive positive behavioral interventions and 
                supports carried out under this Act with similar 
                activities carried out under the Individuals with 
                Disabilities Education Act; and
                    ``(C) evaluate the effects of providing positive 
                behavioral interventions and supports.
            ``(12) Early intervening services.--In the case of a State 
        that proposes to use funds under this part to support early 
        intervening services, the State plan shall describe how the 
        State educational agency will--
                    ``(A) assist local educational agencies in 
                implementing early intervening services in schools 
                served by the local educational agency to reduce the 
                need to label children as disabled in order to address 
                the learning and behavioral needs of such children;
                    ``(B) provide technical assistance and training to 
                local educational agencies to improve coordination of 
                early intervening services provided under this Act with 
                similar early intervening services carried out under 
                the Individuals with Disabilities Education Act; and
                    ``(C) evaluate the effects of providing early 
                intervening services.''.
    (b) Title I State Reports.--Section 1111(h)(1)(C) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)) is 
amended--
            (1) in clause (vii), by striking ``and'' after the 
        semicolon;
            (2) in clause (viii), by striking the period and inserting 
        a semicolon; and
            (3) by adding at the end the following:
                            ``(ix) the number of local educational 
                        agencies in the State that implement positive 
                        behavioral interventions and supports; and
                            ``(x) the number of students--
                                    ``(I) who are served through the 
                                use of early intervening services; and
                                    ``(II) who in the preceding 2-year 
                                period, received early intervening 
                                services and who, after receiving such 
                                services, have been identified as 
                                eligible for, and receive, special 
                                education and related services under 
                                part B of the Individuals with 
                                Disabilities Education Act.''.
    (c) Title I Local Educational Agency Plans.--Section 1112(b)(1) of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6312(b)(1)) is amended--
            (1) in subparagraph (P), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (Q), by striking the period and 
        inserting a semicolon; and
            (3) by adding at the end the following:
                    ``(R) if the local educational agency proposes to 
                use subgrant funds under this part for positive 
                behavioral interventions and supports, a description of 
                the actions the local educational agency will take to 
                provide positive behavioral interventions and supports 
                and coordinate those activities with similar activities 
                carried out under the Individuals with Disabilities 
                Education Act; and
                    ``(S) if the local educational agency proposes to 
                use subgrant funds under this part for early 
                intervening services, a description of the actions the 
                local educational agency will take to provide early 
                intervening services and coordinate those services with 
                similar early intervening services carried out under 
                the Individuals with Disabilities Education Act.''.
    (d) Title I Schoolwide Programs.--
            (1) Schoolwide programs.--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--
                    (A) by redesignating items (bb) and (cc) as items 
                (dd) and (ee), respectively; and
                    (B) by inserting after item (aa) the following:
                                    ``(bb) implementation of schoolwide 
                                positive behavioral interventions and 
                                supports, including through 
                                coordination with similar activities 
                                carried out under the Individuals with 
                                Disabilities Education Act, 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;
                                    ``(cc) implementation of early 
                                intervening services, including through 
                                coordination with similar early 
                                intervening services carried out under 
                                the Individuals with Disabilities 
                                Education Act;''.
            (2) Technical assistance.--Section 1116(b)(4)(B) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6316(b)(4)(B)) is amended--
                    (A) by redesignating clauses (iii) and (iv) as 
                clauses (iv) and (v), respectively; and
                    (B) by inserting after clause (ii) the following:
                            ``(iii) shall include assistance in the 
                        implementation of schoolwide 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, and other actions 
                        that remove students from instruction, 
                        including effective strategies for improving 
                        coordination of community resources;''.
    (e) Title I Assessments and School Improvement.--
            (1) School improvement plan.--Section 1116(b)(3)(A) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6316(b)(3)(A)) is amended--
                    (A) in clause (ix), by striking ``and'' after the 
                semicolon;
                    (B) in clause (x), by striking the period and 
                inserting a semicolon; and
                    (C) by adding at the end the following:
                            ``(xi) specify whether the local 
                        educational agency or the school will adopt and 
                        implement policies or practices to implement or 
                        improve positive behavioral interventions and 
                        supports and enhance coordination with similar 
                        activities carried out under the Individuals 
                        with Disabilities Education Act; and
                            ``(xii) specify whether the local 
                        educational agency or the school will adopt and 
                        implement policies or practices to implement or 
                        improve early intervening services and 
                        coordinate with similar early intervening 
                        services carried out under the Individuals with 
                        Disabilities Education Act.''.
            (2) Local educational agency improvement plans.--Section 
        1116(c)(10)(C) of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6316(c)(10)(C)) is amended by adding at the end 
        the following:
                            ``(vii) Improving or expanding positive 
                        behavioral interventions and supports and 
                        enhancing coordination with similar activities 
                        under the Individuals with Disabilities 
                        Education Act.
                            ``(viii) Improving or expanding early 
                        intervening services and coordinating such 
                        services with similar early intervening 
                        services carried out under the Individuals with 
                        Disabilities Education Act.''.
    (f) Title I School Support and Recognition.--
            (1) Regional centers.--Section 1117(a)(3) of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 6317(a)(3)) is 
        amended--
                    (A) by striking ``of 2002 and comprehensive'' and 
                inserting ``of 2002, comprehensive'';
                    (B) by striking ``and the comprehensive'' and 
                inserting ``, the comprehensive''; and
                    (C) by inserting ``and any technical assistance 
                center on schoolwide positive behavioral interventions 
                and supports funded under section 665(b) of the 
                Individuals with Disabilities Education Act,'' after 
                ``2002),''.
            (2) Statewide systems for support.--Section 1117(a)(5)(B) 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6317(a)(5)(B)) is amended--
                    (A) in clause (i), by striking the semicolon at the 
                end and inserting the following: ``, including by 
                improving or expanding the use of positive behavioral 
                interventions and supports aligned with similar 
                activities carried out under the Individuals with 
                Disabilities Education Act;'';
                    (B) in clause (iii), by striking ``and'' after the 
                semicolon;
                    (C) in clause (iv), by striking the period and 
                inserting a semicolon; and
                    (D) by adding at the end the following:
                            ``(v) review and analyze the school's 
                        efforts to identify and assist students with 
                        poor academic achievement and students with 
                        disabilities, and assist the school in 
                        developing or improving early intervening 
                        services that are coordinated with similar 
                        activities carried out under the Individuals 
                        with Disabilities Education Act;
                            ``(vi) review and analyze the school's 
                        efforts to address behavioral or disciplinary 
                        problems, and assist the school in developing 
                        or improving schoolwide positive behavioral 
                        interventions and supports that are coordinated 
                        with similar activities carried out under the 
                        Individuals with Disabilities Education Act; 
                        and
                            ``(vii) review the number of discipline 
                        incidents in the school and use that 
                        information to assist the school to implement 
                        schoolwide positive behavioral interventions 
                        and supports or other early intervening 
                        services, or both.''.
    (g) Title I Parental Involvement.--Section 1118(e) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6318(e)) is 
amended--
            (1) by redesignating paragraphs (6) through (14) as 
        paragraphs (7) through (15), respectively; and
            (2) by inserting after paragraph (5) the following:
            ``(6) shall provide information to school personnel, 
        students, and parents about the school's use of positive 
        behavioral interventions and supports and the expectations of 
        school personnel, students, and parents in supporting a safe 
        learning environment for all students;''.
    (h) Prevention and Intervention Programs.--Section 1414(c)(8) of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6434(c)(8)) is amended by inserting ``, including coordinating the use 
of positive behavioral interventions and supports and early intervening 
services to improve academic achievement and reduce disciplinary 
actions'' before the semicolon at the end.
    (i) Technical Assistance.--Section 1419 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6439) is amended--
            (1) in paragraph (1), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (2), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(3) to provide technical assistance in implementing 
        positive behavior interventions and supports and early 
        intervening services in order to improve academic achievement 
        and reduce disciplinary actions.''.
    (j) Definition.--Section 9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801) is amended--
            (1) by redesignating paragraphs (17) through (43) as 
        paragraphs (18) through (44), respectively; and
            (2) by inserting after paragraph (16) the following:
            ``(17) Early intervening services.--The term `early 
        intervening services' means early intervening services 
        described in section 613(f)(1) of the Individuals with 
        Disabilities Education Act.''.
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