117 HR 9100 IH: Protection and Advocacy in Education Act
U.S. House of Representatives
2022-09-30
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I
117th CONGRESS
2d Session
H. R. 9100
IN THE HOUSE OF REPRESENTATIVES
September 30, 2022
Mr. DeSaulnier (for himself and Mr. Langevin) introduced the following bill; which was referred to the Committee on Education and Labor
A BILL
To authorize grants to establish a national education protection and advocacy program to enforce the rights and protections under the Individuals with Disabilities Education Act, the Americans with Disabilities Act of 1990, and section 504 of the Rehabilitation Act of 1973, and for other purposes.
1.

Short title
This Act may be cited as the “Protection and Advocacy in Education Act”.
2.

Grants to establish a national education protection and advocacy program
(a)

Definitions
In this section:
(1)

American Indian consortium
The term American Indian consortium has the meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002).
(2)

Educational setting
The term educational setting includes any setting, in which a student (including a child, youth, or an adult) who may be eligible for education or related services under, or is otherwise protected by, the laws described in subsection (b) receives such education or services.
(3)

Secretary
The term Secretary means the Secretary of Education.
(4)

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).
(b)

Program established
The Secretary shall make grants to protection and advocacy systems for the purpose of protecting the rights and advocating for the educational needs of children, youth, and adults who are (or may be) protected by or eligible for education or related services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(c)

Uses of funds
A protection and advocacy system shall use a grant under this section to carry out one or more of the following:
(1)
Monitoring and identifying conditions and practices that violate the laws described in subsection (b) with respect to the rights of students with disabilities.
(2)
Advocating for safe and humane conditions and the elimination of aversive and other dangerous practices at educational settings, including seclusion and restraint.
(3)
Collaborating with parent training and information centers, as described in section 671 of the Individuals with Disabilities Education Act (20 U.S.C. 1471), to ensure that needed advocacy and information is provided for families and individuals protected by or eligible for education-related services, protection, and rights under the laws described in subsection (b).
(4)
Advocating for redress of violations of the law and providing advocacy in dispute resolution proceedings.
(5)
Advocating for systemic change in educational settings to address violations of the laws described in subsection (b).
(6)
Pursuing administrative, legal, and other appropriate remedies to ensure that children, youth, and adults with disabilities in educational settings are eligible for and receiving the education, related services, protections, and rights to which they are entitled under the laws described in subsection (b).
(d)

System requirements
To be eligible for a grant under this section, a protection and advocacy system shall—
(1)
have the authority to investigate incidents of abuse and neglect of youth, children, and adults with disabilities in educational settings if the incidents are reported to the protection and advocacy system or if there is probable cause to believe that the incidents occurred;
(2)
have the authority to pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of children, youth, and adults in educational settings who are protected by or are (or may be) eligible for education or related services under the laws described in subsection (b); and
(3)
have the same authorities as set forth in section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043) and any regulations issued under such section, including the authority to access individuals, records, and educational settings.
(e)

Application
A protection and advocacy system shall submit an application to the Secretary at such time, in such form and manner, and accompanied by such information as the Secretary may require, and shall include a description of how the system will use grant funds to address the needs of children, youth, and adults with disabilities in educational settings.
(f)

Appropriations less than $6,750,000
(1)

In general
With respect to any fiscal year for which the amount appropriated pursuant to subsection (o) to carry out this section is less than $6,750,000, the Secretary shall reserve funds in accordance with subsection (n)(1) and make grants from such remaining amounts among protection and advocacy systems that apply for a grant under this section.
(2)

Amount of grant
The amount of a grant under paragraph (1) shall not be less than—
(A)
$120,000 for a protection and advocacy system located in 1 of the several States, the District of Columbia, or the Commonwealth of Puerto Rico; and
(B)
$60,000 for a protection and advocacy system located in American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, the United States Virgin Islands, or the American Indian Consortium.
(g)

Appropriations of $6,750,000 or more
(1)

In general
With respect to any fiscal year in which the amount appropriated pursuant to subsection (o) to carry out this section is not less than $6,750,000, the Secretary shall reserve funds in accordance with subsection (n)(2) and make grants from such remaining amounts not later than January 1 of the fiscal year to protection and advocacy systems that apply for a grant under this section.
(2)

Amount of grant
Subject to paragraph (3), the amount of a grant to a protection and advocacy system under paragraph (1) shall be equal to an amount bearing the same ratio to the total amount appropriated for the fiscal year involved pursuant to subsection (o) and not reserved as the population of the State in which the grantee is located bears to the population of all States.
(3)

Minimums
The amount of a grant under paragraph (1) shall not be less than—
(A)
$120,000 for a protection and advocacy system located in one of the several States, the District of Columbia, or the Commonwealth of Puerto Rico; and
(B)
$60,000 for a protection and advocacy system located in American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the United States Virgin Islands, and for the system serving the American Indian Consortium.
(4)

Adjustment
For each fiscal year in which the total amount appropriated under subsection (o) to carry out this section is $10,000,000 or more, and such appropriated amount exceeds the total amount appropriated to carry out this section for the preceding fiscal year, the Secretary shall increase each of the minimum grant amounts described in subparagraphs (A) and (B) of paragraph (3) by a percentage equal to the percentage increase in the total amount appropriated under subsection (o) to carry out this section between the preceding fiscal year and the fiscal year involved.
(h)

Direct payment
Notwithstanding any other provision of law, the Secretary shall pay directly to any protection and advocacy system that complies with this section, the total amount of the grant for such system, unless the system provides otherwise for such payment.
(i)

No matching funds required
The Federal share of a grant under this section shall be 100 percent and a grant recipient shall not be required to provide matching funds.
(j)

Annual report
Each protection and advocacy system that receives a grant under this section shall submit an annual report to the Secretary concerning the services provided to protect and advocate for the educational needs of children, youth, and adults who are (or may be) eligible for education and related services under the laws described in subsection (b).
(k)

Administrative, reporting, and oversight requirements
To the extent possible, reporting, monitoring, program financing, and other administrative and oversight requirements established by the Secretary under this section shall be consistent with the administrative, reporting, and oversight requirements for a protection and advocacy system under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 150001 et seq.).
(l)

Supplement, not supplant
A protection and advocacy system receiving funds under this section shall use such funds to supplement, and not supplant, funds used to protect the rights and advocate for the educational needs of children, youth, and adults who are (or may be) protected under or eligible for services under the laws described in subsection (b).
(m)

Carryover and program income
Any amounts paid to a protection and advocacy system for a fiscal year under this section that remain unobligated at the end of such fiscal year shall remain available to such system for obligation during the subsequent fiscal year. Program income generated from such amounts shall be considered additive and shall remain available for 5 additional fiscal years after the year in which such amount was paid to the protection and advocacy system.
(n)

Technical assistance
(1)

Appropriations of less than $6,750,000
For any fiscal year for which the amount appropriated to carry out this section is less than $6,750,000, the Secretary shall set aside 1 percent of the funds appropriated (but not less than $50,000) to make a grant to or a contract or cooperative agreement with a national organization with experience in providing training and technical assistance to protection and advocacy systems to provide such training and technical assistance.
(2)

Appropriations of not less than $6,750,000
For any fiscal year for which the amount appropriated to carry out this section is not less than $6,750,000, the Secretary shall set aside 2 percent of the funds appropriated to make a grant to or contract or cooperative agreement with a national organization with experience in providing training and technical assistance to protection and advocacy systems to provide such training and technical assistance.
(o)

Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2023 through 2032.