[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8460 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 8460

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 30, 2020

 Mr. McEachin (for himself and Ms. Bonamici) introduced the following 
 bill; which was referred to the Committee on Education and Labor, and 
  in addition to the Committee on Armed Services, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To prohibit 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Protecting our 
Students in Schools Act of 2020''.
    (b) Table of Contents.--The table of contents for this Act are as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
              TITLE I--PROHIBITION OF CORPORAL PUNISHMENT

Sec. 101. Prohibition of corporal punishment.
Sec. 102. Civil actions by the Attorney General.
Sec. 103. Enforcement by the Office for Civil Rights.
Sec. 104. Parent notification and protection and advocacy systems.
              TITLE II--STATE ACTIVITIES AND GRANT PROGRAM

Sec. 201. State plan and enforcement.
Sec. 202. Grant authority.
                    TITLE III--ADDITIONAL PROVISIONS

Sec. 301. Federal regulations.
Sec. 302. Other schools.
Sec. 303. Limitation of authority.
Sec. 304. Applicability.
Sec. 305. Severability.
Sec. 306. Authorization of appropriations.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) eliminate the use of corporal punishment in schools;
            (2) ensure, regardless of sexual orientation, gender 
        identity or expression, sex, race, color, national origin, 
        disability, or religion, the health and safety of all students 
        and program personnel in schools and promote a positive school 
        climate and culture;
            (3) assist States, local educational agencies, and schools 
        in improving school climate and culture by implementing 
        positive behavioral interventions and supports and other models 
        to address student behavior and work to eliminate the use of 
        exclusionary and aversive discipline practices or 
        interventions;
            (4) ensure all program personnel have the supports and 
        training necessary to implement positive behavioral 
        interventions and supports and other models to address student 
        behavior and improve school climate and culture; and
            (5) collect and analyze data on exclusionary and aversive 
        discipline practices or interventions in schools.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Corporal punishment.--The term ``corporal punishment'' 
        means, with respect to a student, a deliberate act which causes 
        the student to feel physical pain for the purpose of 
        discipline, including an act of physical force, such as 
        striking, spanking, or paddling, inflicted on a student's body, 
        requiring a student to assume a painful physical position, or 
        the use of chemical sprays, electroshock weapon, or stun guns 
        on a student's body.
            (2) ESEA terms.--The terms ``elementary school'', 
        ``evidence-based'', ``local educational agency'', ``outlying 
        area'', ``parent'', ``secondary school'', ``Secretary'', 
        ``State'', and ``State educational agency'' have the meanings 
        given the terms in section 8101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
            (3) Model.--The term ``model'' means an activity, strategy, 
        framework, or intervention that is evidence-based, to the 
        extent practicable.
            (4) Program.--The term ``program'' means all the operations 
        of a local educational agency, system of vocational education, 
        other school system, or private school, any part of which 
        receives Federal financial assistance.
            (5) Program personnel.--The term ``program personnel'' 
        means any agent of a program including an individual who--
                    (A) is employed by a program;
                    (B) performs services for a program on a 
                contractual basis;
                    (C) is a school resource officer; or
                    (D) is a school security guard.
            (6) 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).
            (7) School resource officer.--The term ``school resource 
        officer'' means a sworn law enforcement officer who--
                    (A) is assigned by the employing police department 
                to a program;
                    (B) is contracting with a program; or
                    (C) is employed by a program.
            (8) School security guard.--The term ``school security 
        guard'' means a contractor or an employee of a program 
        responsible for addressing one or more of the following safety 
        and crime prevention activities with respect to a program:
                    (A) Assisting program personnel in safety 
                incidents.
                    (B) Educating students in crime and illegal drug 
                use prevention and safety.
                    (C) Developing or expanding community justice 
                initiatives for students.
                    (D) Training students in conflict resolution and 
                supporting restorative justice programs.
                    (E) Serving as a liaison between the program and 
                outside agencies, including other law enforcement 
                agencies.
                    (F) Screening students or visitors to the program 
                for prohibited items.
            (9) Student.--The term ``student'' means an individual 
        enrolled in a program.

              TITLE I--PROHIBITION OF CORPORAL PUNISHMENT

SEC. 101. PROHIBITION OF CORPORAL PUNISHMENT.

    (a) Prohibition.--No student shall be subjected to corporal 
punishment by program personnel of any program which receives Federal 
financial assistance.
    (b) Private Right of Action.--A student who has been subjected to 
corporal punishment by program personnel in violation of subsection 
(a), or the parent of such student, may file a civil action in any 
Federal or State court of competent jurisdiction against the program 
under which the violation is alleged to have occurred for attorneys' 
fees, expert fees, injunctive relief, and compensatory damages.
    (c) Nonapplicability.--Section 615(l) of the Individuals with 
Disabilities Education Act (20 U.S.C. 1415(l)) shall not apply to an 
action filed pursuant to subsection (b), regardless of whether or not 
the student is seeking relief that is also available under the 
Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).

SEC. 102. CIVIL ACTIONS BY THE ATTORNEY GENERAL.

    Whenever the Attorney General receives a complaint in writing 
signed by a parent (including a legal guardian) or a group of parents 
(including legal guardians) to the effect that the minor children of 
such a parent or parents are being deprived by a program of the right 
to not be subject to corporal punishment by program personnel and the 
Attorney General believes the complaint is meritorious, the Attorney 
General is authorized, after giving notice of such complaint to the 
appropriate program and after certifying that the Attorney General is 
satisfied that such program has had a reasonable time to adjust the 
conditions alleged in such complaint, to institute for or in the name 
of the United States a civil action in any appropriate district court 
of the United States against such parties and for such relief as may be 
appropriate, and such court shall have and shall exercise jurisdiction 
of proceedings instituted pursuant to this section. The Attorney 
General may implead as defendants such additional parties as are or 
become necessary to the grant of effective relief hereunder.

SEC. 103. ENFORCEMENT BY THE OFFICE FOR CIVIL RIGHTS.

    (a) Referral to Office for Civil Rights.--The Secretary shall refer 
any complaint alleging a violation of section 101(a) to the Office for 
Civil Rights of the Department of Education for an investigation.
    (b) Process for Referral.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary shall develop and implement a 
procedure for receiving a complaint alleging a violation of section 
101(a).
    (c) Failure To Comply.--In the event that a program has failed to 
comply with section 101(a), the Secretary shall carry out at least one 
of the following:
            (1) Withhold from such program, in whole or in part, 
        further payments (including payments for administrative costs) 
        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).
            (2) Enter into a compliance agreement in accordance with 
        section 457 of the General Education Provisions Act (20 U.S.C. 
        1234f).
            (3) Issue a complaint to compel compliance of such program 
        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. 1234c).
    (d) Cessation of Withholding of Funds.--If the Secretary determines 
(whether by certification or other appropriate evidence) that a program 
that is subject to the withholding of payments under subsection (c)(1) 
of this section has cured the failure providing the basis for the 
withholding of payments on a date that is within one year from the date 
on which such payments were first withheld, the Secretary shall--
            (1) cease the withholding of payments with respect to that 
        program under such subsection; and
            (2) reimburse all the withheld payments under such 
        subsection to such program.
    (e) Withheld Funds.--The funds appropriated or made available for 
the payments that were withheld under subsection (c)(1) shall be 
available for expenditure to that program pursuant to this subsection 
for up to one year from the date upon which the determination in 
subsection (d) was made.
    (f) Rule of Construction.--Nothing in this section shall be 
construed to limit the Secretary's authority under the General 
Education Provisions Act (20 U.S.C. 1221 et seq.).

SEC. 104. PARENT NOTIFICATION AND PROTECTION AND ADVOCACY SYSTEMS.

    (a) Notification.--If a student is subject to corporal punishment 
committed by program personnel at a program, the program serving such 
student shall notify, in writing, not later than 24 hours after such 
use of force occurs, the facts of such use of force to--
            (1) the parent or parents of such student;
            (2) the State educational agency; and
            (3) the local law enforcement agency.
    (b) Notification for Students With Disabilities.--In the case of a 
student described in subsection (a) who is an individual with a 
disability (as defined in section 3 of the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12102)) the program serving such student shall--
            (1) in addition to the notification described in such 
        subsection, notify, in writing, not later than 24 hours after 
        the use of force described in such subsection occurs, the facts 
        of such use of force to the relevant protection and advocacy 
        system; and
            (2) provide any information to the relevant protection and 
        advocacy system that the protection and advocacy system may 
        require.
    (c) Restatement of Authority.--Protection and advocacy systems 
shall have the same authorities and rights provided under subtitle C of 
title I of the Developmental Disabilities Assistance and Bill of Rights 
Act of 2000 (42 U.S.C. 15041 et seq.) with respect to protections 
provided for students under this Act when such students are otherwise 
eligible to be clients of the protection and advocacy system, including 
investigating, monitoring, and enforcing such protections.

              TITLE II--STATE ACTIVITIES AND GRANT PROGRAM

SEC. 201. STATE PLAN AND ENFORCEMENT.

    (a) State Requirements.--Not later than 18 months after the date of 
enactment of this Act, and every two years thereafter, each State 
educational agency which receives Federal financial assistance shall 
provide to the Secretary--
            (1) a written assurance that--
                    (A) all programs located in such State have been 
                notified of the requirements of this Act;
                    (B) all program personnel of such State educational 
                agency have received training with respect to such 
                requirements;
                    (C) parents of students served by such State 
                educational agency have been notified of the 
                requirements, rights, and remedies available under this 
                Act; and
                    (D) the notification required under subparagraph 
                (C) is publicly available on the website of the State 
                educational agency; and
            (2) a school climate report that includes a description 
        of--
                    (A) the policies and procedures of the State 
                educational agency with respect exclusionary and 
                aversive discipline practices or interventions in such 
                schools;
                    (B) how the State educational agency plans to 
                implement, is implementing, or has implemented positive 
                behavioral interventions and supports and other models 
                to address student behavior and reduce the use of 
                exclusionary and aversive discipline practices or 
                interventions in the public elementary and secondary 
                schools of such State; and
                    (C) efforts of the State educational agency to 
                ensure program personnel receive the supports and 
                training necessary to implement the interventions, 
                supports, and other models described in subparagraph 
                (B).
    (b) Local Educational Agency Requirements.--Not later than one year 
after the date of the enactment of this Act, and not less than once 
every two years thereafter, each local educational agency shall submit 
to the State educational agency a report that includes the information 
the State educational agency determines necessary to comply with the 
requirements of subsection (a).
    (c) Report.--Not later than two years after the date of the 
enactment of this Act, and not less than once every two years 
thereafter, the Secretary shall--
            (1) 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 a report 
        summarizing the findings of the reports under subsection 
        (a)(2); and
            (2) make the reports described in paragraph (1) publicly 
        available.
    (d) Enforcement.--
            (1) In general.--
                    (A) Use of remedies.--If a State educational agency 
                fails to comply with subsection (a), the Secretary 
                shall carry out at least one of the following:
                            (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).
                            (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.--If the 
                Secretary determines (whether by certification or other 
                appropriate evidence) that a State educational agency 
                that is subject to the withholding of payments under 
                subparagraph (A)(i) has cured the failure providing the 
                basis for the withholding of payments within one year 
                from the date on which such payments were first 
                withheld, the Secretary shall--
                            (i) cease the withholding of payments with 
                        respect to the State educational agency under 
                        such subparagraph; and
                            (ii) reimburse all the withheld payments 
                        under such subparagraph to such State 
                        educational agency.
            (2) Withheld funds.--The funds appropriated or made 
        available for the payments that were withheld under paragraph 
        (1)(A)(i) shall be available for expenditure to that program 
        pursuant to this paragraph for up to one year from the date 
        upon which the determination in paragraph (1)(B) was made.
            (3) 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.).

SEC. 202. GRANT AUTHORITY.

    (a) In General.--From the amount appropriated under section 306, 
the Secretary may award grants to State educational agencies to improve 
school climate and culture by implementing positive behavioral 
interventions and supports and other models to address student behavior 
and reduce the use of exclusionary and aversive discipline practices or 
interventions in public elementary and secondary schools.
    (b) Duration of Grant.--
            (1) In general.--A grant under this section shall be 
        awarded to a State educational agency for a three-year period.
            (2) Reapplication.--At the end of a grant period described 
        in paragraph (1), a State educational agency desiring a 
        subsequent grant under this section may be eligible for such 
        grant if such State educational agency--
                    (A) submits an application under subsection (c); 
                and
                    (B) demonstrates--
                            (i) that such State educational agency 
                        effectively used grant funds to carry out the 
                        required activities under subsection (e) during 
                        the previous grant period; and
                            (ii) with respect to such State educational 
                        agency, a decrease in at least one of the 
                        following:
                                    (I) Exclusionary and aversive 
                                discipline practices or interventions, 
                                including in-school suspensions, out-
                                of-school suspensions, and expulsions.
                                    (II) School-related arrests.
                                    (III) Referrals of students to law 
                                enforcement.
            (3) Data.--A State educational agency shall, with respect 
        to the data used under paragraph (2)(B)(ii)--
                    (A) cross-tabulate such data and disaggregate by 
                race, gender, disability, and English learner; and
                    (B) redact all personally identifiable information 
                from such data.
    (c) Application.--
            (1) In general.--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--
                    (A) information on how the State educational agency 
                will carry out the required activities specified in 
                subsection (e);
                    (B) a description of how the State educational 
                agency will improve school climate and culture by 
                reducing the use of exclusionary and aversive 
                discipline practices or interventions;
                    (C) a description of how the State educational 
                agency will implement positive behavioral interventions 
                and supports and other models to address student 
                behavior and reduce the use of exclusionary and 
                aversive discipline practices or interventions; and
                    (D) a description of how the State educational 
                agency will develop and implement high-quality training 
                for program personnel designed to improve school 
                climate and culture and increase the use of positive 
                behavioral interventions and supports and other models 
                to address student behavior and reduce the use of 
                exclusionary and aversive discipline practices or 
                interventions.
            (2) Priority.--In awarding grants under this section, the 
        Secretary shall give priority to State educational agencies--
                    (A) with a high percentage of in-school 
                suspensions, out-of-school suspensions, expulsions, 
                school-related arrests, and referrals of students to 
                law enforcement;
                    (B) that lack positive behavioral interventions and 
                supports and other models to improve school climate and 
                culture; or
                    (C) that are in most need of assistance relating to 
                improving school climate and culture by reducing the 
                use of exclusionary and aversive discipline practices 
                or interventions, as determined by the Secretary.
    (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 in accordance with subsection 
        (e)(2), 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, including the information 
        described in subparagraphs (A) through (D) of subsection 
        (c)(1).
    (e) Required Activities.--
            (1) In general.--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:
                    (A) Developing and implementing high-quality 
                training for program personnel designed to--
                            (i) improve school climate and culture;
                            (ii) increase use of positive behavioral 
                        interventions and supports and other models to 
                        address student behavior; and
                            (iii) reduce the use of exclusionary and 
                        aversive discipline practices or interventions 
                        and the discriminatory and disproportionate 
                        impact such practices have on students based on 
                        their race, ethnicity, gender, or disability.
                    (B) Providing technical assistance to improve 
                school climate and culture by implementing positive 
                behavioral interventions and supports and other models 
                to address student behavior and reduce the use of 
                exclusionary and aversive discipline practices or 
                interventions, such as restorative justice 
                interventions, trauma-informed care, crisis and de-
                escalation interventions, implicit bias training, and 
                culturally responsive teaching.
                    (C) Researching, developing, implementing, and 
                evaluating models, policies, and procedures to reduce 
                the use of exclusionary and aversive discipline 
                practices or interventions in public elementary and 
                secondary schools.
            (2) Priority.--A State educational agency or local 
        educational agency shall prioritize carrying out the activities 
        specified in subparagraphs (A) through (C) of paragraph (1) in 
        public elementary and secondary schools--
                    (A) in which a disproportionately high percentage 
                of students who have been subjected to disciplinary 
                proceedings or have otherwise experienced the 
                application of such a school's discipline policies, 
                practices, and procedures, relative to such school's 
                total student population, are students of color or 
                students with disabilities (as defined in section 602 
                of the Individuals with Disabilities Education Act (20 
                U.S.C. 1401));
                    (B) with a high percentage of in-school 
                suspensions, out-of-school suspensions, expulsions, 
                school-related arrests, and referrals of students to 
                law enforcement;
                    (C) that lack positive behavioral interventions and 
                supports and other models to improve school climate and 
                culture; or
                    (D) that have demonstrated meaningful community 
                engagement in selecting models to improve school 
                climate and culture.
    (f) Evaluation and Report.--
            (1) Local educational agency reports.--Each local 
        educational agency receiving a subgrant under this section 
        shall, at the end of the grant period for such subgrant, 
        prepare and submit to the State educational agency a report 
        that--
                    (A) evaluates the progress of the local educational 
                agency toward carrying out the required activities 
                under subsection (e); and
                    (B) includes any additional information the State 
                educational agency determines necessary to complete the 
                report required under paragraph (2).
            (2) State educational agency reports.--Each State 
        educational agency receiving a grant under this section shall, 
        at the end of the three-year grant period for such grant, 
        prepare and submit to the Secretary a report that--
                    (A) evaluates the State's progress toward carrying 
                out the required activities under subsection (e);
                    (B) includes data on the impact of the grant 
                program on school climate and culture during such grant 
                period, including, with respect to the State 
                educational agency, data on the prevalence of, and 
                increase or decrease in--
                            (i) exclusionary and aversive discipline 
                        practices or interventions, including in-school 
                        suspensions, out-of-school suspensions, and 
                        expulsions;
                            (ii) school-related arrests; and
                            (iii) student referrals to law enforcement;
                    (C) includes the number of high-quality school 
                climate and culture trainings conducted for program 
                personnel during such grant period;
                    (D) describes the models implemented to improve 
                school climate and culture during such grant period;
                    (E) specifies the number of subgrants made under 
                subsection (d) and the local educational agencies that 
                were awarded such subgrants; and
                    (F) includes such information as the Secretary may 
                require.
            (3) Data.--A State educational agency shall, with respect 
        to the data described in paragraph (2)(B)--
                    (A) cross-tabulate and disaggregate the data in the 
                same manner as under subsection (b)(3)(A); and
                    (B) redact all personally identifiable information 
                from such data.
            (4) Publication.--The Secretary shall make each report 
        under paragraph (2) publicly available on the website of the 
        Department.
    (g) Funds Available for the Department of the Interior.--From the 
amount appropriated under section 306, the Secretary shall allocate--
            (1) 0.5 percent of such 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 and conditions as the Secretary may prescribe; 
        and
            (2) 0.5 percent of such funds for activities under this 
        section with respect to schools operated in the outlying areas, 
        under such terms and conditions as the Secretary may prescribe.

                    TITLE III--ADDITIONAL PROVISIONS

SEC. 301. FEDERAL REGULATIONS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall issue such regulations as 
are necessary to reasonably ensure compliance with this Act.
    (b) Negotiated Rulemaking Process.--In carrying out subsection (a), 
the Secretary shall use a negotiated rulemaking process described in 
section 1601 and section 1602 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6571; 6572) except subparagraph (A) of 
subsection (b)(3) of such section 1601 shall apply by substituting 
``establish a negotiated rulemaking process;'' for the text of such 
subparagraph.

SEC. 302. OTHER SCHOOLS.

    (a) Department of Defense.--The Secretary of Defense shall ensure 
that schools operated or funded by the Department of Defense Education 
Activity or otherwise operated or funded by the Department of Defense 
for the education of military-connected dependents comply with the 
regulations promulgated by the Secretary pursuant to this Act.
    (b) Department of Interior.--The Secretary of the Interior shall 
ensure that schools operated or funded by the Department of the 
Interior comply with the regulations promulgated by the Secretary 
pursuant to this Act.

SEC. 303. LIMITATION OF AUTHORITY.

    (a) In General.--Nothing in this Act shall be construed--
            (1) 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; or
            (2) to restrict or limit Federal, State, or local laws, 
        regulations, or polices that provide for more stringent 
        prohibitions or limitations on the use of corporal punishment 
        than the prohibitions or limitations that are provided for in 
        this Act.
    (b) Law Enforcement Officer Duties.--Nothing in this Act shall be 
construed to prevent a sworn law enforcement officer from carrying out 
the duties of the officer under otherwise applicable law.
    (c) Rule of Construction on Data Collection.--Nothing in this Act 
shall be construed to affect the collection of information or data 
authorized under the statutes and regulations implementing title VI of 
the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), 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.), or the 
Department of Education Organization Act (20 U.S.C. 3401 et seq.).

SEC. 304. APPLICABILITY.

    (a) Private Schools.--Nothing in this Act shall be construed to 
affect any private school that does not receive Federal financial 
assistance.
    (b) Home Schools.--Nothing in this Act shall be construed to--
            (1) affect a home school, whether or not a home school is 
        treated as a private school or home school under State law; or
            (2) consider parents who are schooling a child at home as 
        program personnel.

SEC. 305. SEVERABILITY.

     If any provision of this Act or the application of such provision 
to any person or circumstance is held to be unconstitutional, the 
remaining provisions of this Act and the application of such provisions 
to any person or circumstance shall not be affected thereby.

SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act for fiscal year 2021 and each fiscal 
year thereafter.
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