[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2690 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2690
To reduce exclusionary discipline practices in schools, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2023
Ms. Pressley (for herself, Ms. Omar, Mrs. Watson Coleman, Mrs. Beatty,
Mr. Bowman, Ms. Clarke of New York, Ms. Adams, Mr. Casar, Ms. Jacobs,
Ms. Tlaib, Mr. Carter of Louisiana, Ms. Ocasio-Cortez, Mr. Johnson of
Georgia, Ms. Lee of California, Ms. Velazquez, Ms. Meng, Mr. Green of
Texas, Mr. Trone, Ms. Jayapal, and Mr. DeSaulnier) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
To reduce exclusionary discipline practices 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 Punitive, Unfair, School-
based Harm that is Overt and Unresponsive to Trauma Act of 2023'' or
the ``Ending PUSHOUT Act of 2023''.
SEC. 2. PURPOSE.
It is the purpose of this Act to--
(1) strengthen data collection related to exclusionary
discipline practices in schools and the discriminatory
application of such practices, which disproportionately pushes
students of color, particularly girls of color, out of school;
(2) eliminate the discriminatory use and overuse of
exclusionary discipline practices based on actual or perceived
race, ethnicity, color, national origin, sex (including sexual
orientation, gender identity, pregnancy, childbirth, a medical
condition related to pregnancy or childbirth, parenting status,
or other stereotype related to sex), or disability;
(3) eliminate all unnecessary loss of instructional time
due to unsound or excessive use of formal and informal
disciplinary removal from instructional settings; and
(4) prevent the criminalization and pushout of students
from school, especially Black and Brown girls, as a result of
educational barriers that include discrimination,
adultification, punitive discipline policies and practices, and
a failure to recognize and support students with mental health
needs or experiencing trauma.
SEC. 3. DEFINITIONS.
In this Act:
(1) Act of insubordination.--The term ``act of
insubordination'' means an act that disrupts a school activity
or instance when a student willfully defies the valid authority
of a school official.
(2) Appearance or grooming policy.--The term ``appearance
or grooming policy'' means any practice, policy, or portion of
a student conduct code that governs or restricts the appearance
of students, including policies that--
(A) restrict or prescribe clothing that a student
may wear (including hijabs, headwraps, or bandanas);
(B) restrict specific hair styles (such as braids,
locs, twists, Bantu knots, cornrows, extensions, or
afros); or
(C) restrict whether or how a student may apply
make-up, nail polish, or other cosmetics.
(3) Chemical restraint.--The term ``chemical restraint''
means a drug or medication used on a student to control
behavior or restrict freedom of movement that is not--
(A) prescribed by a licensed physician, or other
qualified health professional acting under the scope of
the professional's authority under State law, for the
standard treatment of a student's medical or
psychiatric condition; and
(B) administered as prescribed by a licensed
physician or other qualified health professional acting
under the scope of the authority of a health
professional under State law.
(4) 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 weapons, or stun guns
on a student's body.
(5) Culturally sustaining.--The term ``culturally
sustaining'' describes educational practices that encourage
students to bring their cultural and linguistic assets and life
experiences to a school community. Culturally sustaining
practices incorporate those assets and experiences into
coursework and the social fabric of a school.
(6) Direct supervision.--The term ``direct supervision''
means a student is physically in the same location as a school
official and such student is under the care of the school
official or school.
(7) Disability.--The term ``disability'' means a mental or
physical disability that meets the conditions set forth in
clauses (i) and (ii) of section 602(3)(A) of the Individuals
with Disabilities Education Act (20 U.S.C. 1401(3)(A)(i) and
(ii)) or in section 504 of the Rehabilitation Act (29 U.S.C.
794).
(8) Disciplinary alternative school.--The term
``disciplinary alternative school'' means a short- or long-term
educational setting to which a student is sent for disciplinary
or behavioral reasons for a specified amount of time before
being allowed to return to their regular school setting.
(9) Elementary and secondary education act terms.--The
terms ``elementary school'', ``English learner'', ``local
educational agency'', ``secondary school'', and ``State
educational agency'' has the meanings given such terms in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(10) Exclusionary discipline.--The term ``exclusionary
discipline'' describes school policies and practices, whether
formal or informal action of school officials or by law
enforcement, used to discipline students by removing them from
their regular learning environment.
(11) Gender identity.--The term ``gender identity'' means
the gender-related identity, appearance, mannerisms, or other
gender-related characteristics of an individual regardless of
the designated sex at birth of the individual.
(12) Informal removal.--The term ``informal removal'' means
an administrative removal of a student from the learning
environment for part or all of the school day, or an indefinite
period of time, without documenting the removal as a suspension
or expulsion or engaging in formalized disciplinary processes.
(13) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(e)).
(14) In-school suspension.--The term ``in-school
suspension'' means an instance in which a student is
temporarily removed from a regular classroom for at least half
a day but remains under the direct supervision of a school
official.
(15) Mechanical restraint.--The term ``mechanical
restraint'' has the meaning given the term in section 595(d)(1)
of the Public Health Service Act (42 U.S.C. 290jj(d)(1)),
except that the meaning shall be applied by substituting
``student'' for ``resident''.
(16) Multi-tiered system of supports.--The term ``multi-
tiered system of supports'' means a comprehensive continuum of
evidence-based, systemic practices to support a rapid response
to the needs of students, with regular observation to
facilitate data-based instructional decision making.
(17) Out-of-school suspension.--The term ``out-of-school
suspension'' means an instance in which a student is excluded
from their school for disciplinary reasons by temporarily being
removed from regular classes to another setting, including a
home, virtual school placement, alternative school placement,
disciplinary alternative school, or behavior center, regardless
of whether such disciplinary removal is deemed as a suspension
by school officials.
(18) Physical escort.--The term ``physical escort'' has the
meaning given the term in section 595(d)(2) of the Public
Health Service Act (42 U.S.C. 290jj(d)(2)), except that the
meaning shall be applied by substituting ``student'' for
``resident''.
(19) Physical restraint.--The term ``physical restraint''
means a personal restriction that immobilizes or reduces the
ability of an individual to move the individual's arms, legs,
torso, or head freely, except that such term does not include a
physical escort, mechanical restraint, or chemical restraint.
(20) Positive behavioral interventions and supports.--The
term ``positive behavioral interventions and supports'' means a
schoolwide, systematic approach that embeds evidence-based
practices and data-driven decision-making to improve school
climate and culture in order to achieve improved academic and
social outcomes and increase learning for all students
(including students with the most complex and intensive
behavioral needs) and encompasses a range of systemic and
individualized positive strategies to teach and reinforce
school-expected behaviors, while discouraging and diminishing
undesirable behaviors.
(21) Pushout.--The term ``pushout'' means an instance when
a student leaves elementary, middle or secondary school,
including a forced transfer to another school, prior to
graduating secondary school due to overuse of exclusionary
discipline practices, failure to address trauma or other mental
health needs, discrimination, or other educational barriers
that do not support or promote the success of a student.
(22) School-based law enforcement officer.--The term
``school-based law enforcement officer'' means an individual
who--
(A) is--
(i) assigned by a law enforcement agency to
a secondary or elementary school or local
educational agency;
(ii) contracting with a secondary or
elementary school or local educational agency;
or
(iii) employed by a secondary or elementary
school or local educational agency;
(B) has the legal power to detain, arrest, issue a
citation, perform a custodial investigation, or refer a
person to a criminal or juvenile court;
(C) meets the definition of a law enforcement
personnel under State law; or
(D) may be referred to as a ``school resource
officer'', a ``sworn law enforcement officer'', or a
``school police officer''.
(23) School official.--The term ``school official'' means
an educator, school principal, administrator, or other
personnel, not considered school-based law enforcement, engaged
in the performance of duties with respect to a school.
(24) Seclusion.--The term ``seclusion'' means the
involuntary confinement of a student alone in a room or area
where the student is physically prevented from leaving, and
does not include a time out.
(25) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(26) Serious bodily injury.--The term ``serious bodily
injury'' has the meaning given that term in section 1365(h)(3)
of title 18, United States Code.
(27) Sexual orientation.--The term ``sexual orientation''
means how a person identifies in terms of their emotional,
romantic, or sexual attraction, and includes identification as
straight, heterosexual, gay, lesbian, or bisexual, among other
terms.
(28) Special education school.--The term ``special
education school'' means a school that focuses primarily on
serving the needs of students who qualify as ``a child with a
disability'' as that term is defined under section 602(3)(A)(i)
of the Individuals with Disabilities Education Act (20 U.S.C.
1401(3)(A)(i)) or are subject to section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
(29) Threat assessment.--The term ``threat assessment''
means actions consisting of referrals or meetings initiated by
a member of school staff, administrator, school counselor, or
educator that include law enforcement officers to assess
whether a student constitutes a threat or risk to self or
others.
(30) Time out.--The term ``time out'' has the meaning given
the term in section 595(d)(5) of the Public Health Service Act
(42 U.S.C. 290jj(d)(5)), except that the meaning shall be
applied by substituting ``student'' for ``resident''.
(31) Trauma-informed services.--The term ``trauma-informed
services'' means a service delivery approach that--
(A) recognizes and responds to the impacts of
trauma with evidence-based supports and intervention;
(B) emphasizes physical, psychological, and
emotional safety for both providers of services and
survivors of trauma; and
(C) creates opportunities for survivors of trauma
to rebuild a sense of healing and empowerment.
(32) Zero-tolerance policy.--The term ``zero-tolerance
policy'' is a school discipline policy that results in an
automatic disciplinary consequence, including out-of-school
suspension, expulsion, and involuntary school transfer.
SEC. 4. STRENGTHENING CIVIL RIGHTS DATA COLLECTION WITH RESPECT TO
EXCLUSIONARY DISCIPLINE IN SCHOOLS.
(a) In General.--The Assistant Secretary for Civil Rights shall
annually carry out data collection, while maintaining appropriate
safety and privacy standards, authorized under section 203(c)(1) of the
Department of Education Organization Act (20 U.S.C. 3413(c)(1)), which
shall include data with respect to students enrolled in a public
preschool, elementary, or secondary school (including traditional
public, charter, virtual, special education school, and alternative
schools or placements) who received the following disciplinary actions
during the preceding school year:
(1) Suspension (including the classification of the
suspension as in-school suspension or out-of-school
suspension), which shall include data with respect to--
(A) the number of students who were suspended,
disaggregated and cross-tabulated by type of suspension
and by--
(i) enrollment in a preschool or in an
elementary school and secondary school by grade
level;
(ii) race;
(iii) ethnicity;
(iv) sex (including, to the extent
possible, sexual orientation and gender
identity);
(v) low-income status;
(vi) disability status (including students
eligible for disability under the Individuals
with Disabilities Education Act (20 U.S.C. 1401
et. seq.) or section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 10 794));
(vii) English learner status;
(viii) foster care status;
(ix) housing status, to the extent
possible;
(x) Tribal citizenship or descent, in the
first or second degree, of an Indian Tribe, to
the extent possible; and
(xi) pregnant and parenting student status,
to the extent possible;
(B) the number and length of suspensions;
(C) the reason for each such suspension,
including--
(i) a violation of a zero-tolerance policy
and whether such violation was due to a violent
or nonviolent offense;
(ii) a violation of an appearance policy,
dress code, or grooming policy;
(iii) an act of insubordination;
(iv) willful defiance; and
(v) a violation of a school code of
conduct; and
(D) the number of days of lost instruction due to
each out-of-school and in-school suspension.
(2) Expulsion, including agreements to withdraw a child
from school in lieu of an expulsion process, which shall
include data with respect to--
(A) the number of students who were expelled,
disaggregated and cross-tabulated as outlined under
clauses (i) through (xi) of subsection (a)(1)(A); and
(B) the reason for each such expulsion, including--
(i) a violation of a zero-tolerance policy
and whether such violation was due to a violent
or nonviolent offense;
(ii) a violation of an appearance policy,
dress code, or grooming policy;
(iii) an act of insubordination, willful
defiance, or violation of a school code of
conduct;
(iv) the use of profane or vulgar language;
(v) an act of insubordination; and
(vi) a violation of a school code of
conduct.
(3) The number of students subject to an out-of-school
transfer to a different school, including alternative education
placements or a virtual school, disaggregated and cross-
tabulated as outlined under clauses (i) through (xi) of
subsection (a)(1)(A), and the primary reason for each such
transfer.
(4) The number of students subject to a referral to law
enforcement or threat assessment process, disaggregated and
cross-tabulated as outlined under clauses (i) through (xi) of
subsection (a)(1)(A), including the primary reason for each
such referral, and whether such referral resulted in an arrest.
(5) The number of students arrested at school, including at
school-sponsored activities, disaggregated and cross-tabulated
as outlined under clauses (i) through (xi) of subsection
(a)(1)(A), and the primary reason for such arrest.
(6) The number of students subject to a referral to or
placement in a residential facility, including for temporary or
short-term holds (such as 48-hour or 72-hour holds)
disaggregated and cross-tabulated as outlined under clauses (i)
through (xi) of subsection (a)(1)(A).
(7) The number of students subject to placement in juvenile
or criminal legal confinement or other institutionalized
settings, including diversion to arrest programs and mental and
psychiatric programs, disaggregated and cross-tabulated as
outlined under clauses (i) through (xi) of subsection
(a)(1)(A).
(b) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Assistant Secretary for Civil Rights shall submit to Congress a
report on the data collected under subsection (a).
(2) Requirements.--The report required under paragraph (1)
shall--
(A) identify, with respect to the data collected
under subsection (a), schools, local educational
agencies, and States that demonstrate a pattern of the
overuse and discriminatory use of exclusionary
disciplinary practices;
(B) be disaggregated and cross tabulated, except
that such disaggregation shall not be required in the
case of a State, local educational agency, or a school
in which the number of students in a subgroup is
insufficient to yield statistically reliable
information or the results would reveal personally
identifiable information about an individual student,
by--
(i) enrollment in a preschool or in an
elementary school and secondary school by grade
level;
(ii) race;
(iii) ethnicity;
(iv) sex (including, to the extent
possible, sexual orientation and gender
identity);
(v) low-income status;
(vi) disability status (including students
eligible for disability under the Individuals
with Disabilities Education Act (20 U.S.C. 1401
et. seq.) or section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794));
(vii) English learner status;
(viii) foster care status;
(ix) housing status, to the extent
possible;
(x) Tribal citizenship or descent, in the
first or second degree, of an Indian Tribe; and
(xi) pregnant and parenting student status,
to the extent possible;
(C) be publicly accessible in multiple languages,
accessibility formats, and provided in a language that
parents, families, and community members can
understand; and
(D) be presented in a manner that protects the
privacy of individuals consistent with the requirements
of section 444 of the General Education Provisions Act
(20 U.S.C. 1232g), commonly known as the ``Family
Educational Rights and Privacy Act of 1974''.
SEC. 5. GRANTS TO REDUCE EXCLUSIONARY SCHOOL DISCIPLINE PRACTICES.
(a) In General.--The Secretary shall award grants (which shall be
known as the ``Healing School Climate Grants''), on a competitive
basis, to eligible entities for the purpose of reducing the overuse and
discriminatory use of exclusionary discipline practices and policies in
schools.
(b) Eligible Entities.--In this section, the term ``eligible
entity'' means--
(1) one or more local educational agencies (who may be
partnered with a State educational agency), including a public
charter school that is a local educational agency under State
law or local educational agency operated by the Bureau of
Indian Education; or
(2) a nonprofit organization (defined as an organization
described in section 501(c)(3) of the Internal Revenue Code,
which is exempt from taxation under section 501(a) of such
Code) with a track record of success in improving school
climates and supporting students.
(c) Application.--An eligible entity seeking a grant under this
section shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require, including an assurance that the eligible entity shall
prioritize schools with high rates of disparities in exclusionary
discipline, such as suspensions, expulsions, law enforcement referrals,
and school-based arrests, for students of color, students with
disabilities, LGBTQI+ students, English language learners, students
experiencing homelessness, students involved in the foster care system,
and students living at the intersections of these identities, and
historical patterns of disparities in exclusionary school discipline.
The Secretary shall make applications publicly accessible in an
appropriate digital format.
(d) Program Requirement.--An eligible entity that receives a grant
under subsection (a) shall prohibit the use of--
(1) out-of-school suspension or expulsion for any student
in preschool through grade 5 for incidents that do not involve
serious physical injury;
(2) out-of-school suspension or expulsion for any student
in preschool through grade 12 for insubordination, willful
defiance, vulgarity, truancy, tardiness, chronic absenteeism,
or as a result of a violation of a grooming or appearance
policy;
(3) corporal punishment;
(4) seclusion;
(5) a mechanical or chemical restraint on a student; or
(6) a physical restraint or physical escort that is life
threatening, that restricts breathing, or that restricts blood
flow to the brain, including prone and supine restraint, on a
student, except when each of the following requirements are
met:
(A) The student's behavior poses an imminent danger
of serious physical injury to the student, program
personnel, or another individual.
(B) Before using physical restraint, less
restrictive interventions would be ineffective in
stopping such imminent danger of serious physical
injury.
(C) Such physical restraint is imposed by--
(i) program personnel trained and certified
by a State-approved crisis intervention
training program; or
(ii) program personnel not trained and
certified as described in clause (i), in the
case of a rare and clearly unavoidable
emergency circumstance when program personnel
certified as described in clause (i) is not
immediately available due to the unforeseeable
nature of the emergency circumstance.
(D) Such physical restraint ends immediately upon
the cessation of the imminent danger of serious
physical injury to the student, any program personnel,
or another individual.
(E) The physical restraint does not interfere with
the student's ability to communicate in the student's
primary language or primary mode of communication.
(F) During the physical restraint, the least amount
of force necessary is used to protect the student or
others from the threatened injury.
(G) The physical restraint does not affect or
interfere with, with respect to a student, a
disability, health care needs, or a medical or
psychiatric condition documented in a--
(i) health care directive or medical
management plan;
(ii) a behavior intervention plan;
(iii) an individualized education program
or an individualized family service plan (as
defined in section 602 of the Individuals with
Disabilities Education Act (20 U.S.C. 1401));
or
(iv) another relevant record made available
to the State or eligible entity involved.
(e) Use of Funds.--
(1) Required uses.--An eligible entity that receives a
grant under this section shall use funds to--
(A) evaluate the current discipline policies of
schools under the eligible entity and, in partnership
with students (including girls of color), the family
members of students, and the local community of such
school, develop discipline policies for such schools to
ensure that such policies are not exclusionary or
discriminately applied toward students;
(B) provide training and professional development
for school officials to avoid or address the overuse
and discriminatory disproportionate use of exclusionary
discipline practices in schools and to create awareness
of implicit and explicit bias and use culturally
sustaining practices, including training in--
(i) identifying and providing support to
students who may have experienced or are at
risk of experiencing trauma or have other
mental health needs;
(ii) administering and responding to
assessments on adverse childhood experiences;
(iii) providing student-centered, trauma-
informed services and positive behavior
management interventions that create safe and
supportive school climates;
(iv) using restorative practices;
(v) using culturally and linguistically
responsive intervention strategies;
(vi) developing social and emotional
learning competencies; and
(vii) increasing student engagement and
improving dialogue between students and
educators;
(C) implement and evaluate evidence-based
alternatives to suspension or expulsion, including--
(i) multi-tier systems of support, such as
positive behavioral interventions and supports;
(ii) social, emotional, and academic
learning strategies designed to engage students
and avoid escalating conflicts; and
(iii) other data-driven approaches to
improving school environments;
(D) improve behavioral and academic outcomes for
students by creating a safe and supportive learning
environment and school climate, which may include--
(i) restorative practices with respect to
improving relationships among students, school
officials, and members of the local community,
which may include partnering with local mental
health agencies or nonprofit organizations;
(ii) access to mentors and peer-based
support programs;
(iii) extracurricular programs, including
sports and art programs;
(iv) social and emotional learning
strategies designed to engage students and
avoid escalating conflicts;
(v) access to counseling, mental health
programs, and trauma-informed services,
including suicide prevention programs; and
(vi) access to culturally responsive
curricula that affirms the history and
contributions of traditionally marginalized
people and communities;
(E) hire social workers, school counselors, trauma-
informed care personnel, and other mental health
personnel who shall not serve as proxies for school-
based law enforcement officers; and
(F) support the development, delivery, and analysis
of school climate surveys.
(2) Prohibited uses.--An eligible entity that receives a
grant under this section may not use funds to--
(A) hire or retain school-based law enforcement
personnel, including school resource officers;
(B) purchase, maintain, or install surveillance
equipment, including metal detectors or software
programs that monitor or mine the social media use or
technology use of students;
(C) arm educators, principals, school leaders, or
other school personnel; and
(D) enter into formal or informal partnerships or
data and information sharing agreements with--
(i) the Secretary of Homeland Security,
including agreements with U.S. Immigration and
Customs Enforcement or U.S. Customs and Border
Protection; or
(ii) State, local, or other law enforcement
agencies, including partnerships that allow for
hiring of school-based law enforcement.
(f) Technical Assistance.--The Secretary, in carrying out
subsection (a), may reserve not more than 2 percent of funds to provide
technical assistance to eligible entities, which may include--
(1) support for data collection, compliance, and analysis
of the activities of the program authorized under subsection
(a); and
(2) informational meetings and seminars with respect to the
application process under subsection (c).
(g) Report by Grantees.--Not later than one year after the date of
enactment of this section, an eligible entity receiving a grant under
this section shall submit to the Secretary, and to the public, a report
on the activities funded through the grant. The Secretary shall make
each such report publicly accessible in an appropriate digital format.
Such report shall include, at a minimum, a description of--
(1) the evaluation methods of disciplinary practices prior
to the grant;
(2) training and professional development services provided
for school officials, including school-based law enforcement
officers, to address discriminatory discipline practices,
implicit and explicit bias, and other uses described in
subsection (e)(1);
(3) aggregated and de-identified behavioral, social
emotional, and academic outcomes experience by students;
(4) any instance of physical restraint used on a student
with an explanation of a circumstance described in subsection
(d)(6);
(5) the number of students who were referred to some form
of alternative practice described in subsection (e)(1)(C);
(6) disaggregated data on students suspended, expelled,
arrested at school, and referred to the juvenile or criminal
legal system, except that such disaggregation shall not be
required in the case of a State, local educational agency, or a
school in which the number of students in a subgroup is
insufficient to yield statistically reliable information or the
results would reveal personally identifiable information about
an individual student, cross tabulated by--
(A) reason for disciplinary action;
(B) type and length of disciplinary action;
(C) grade level;
(D) race;
(E) ethnicity;
(F) sex (including to the extent possible, sexual
orientation and gender identity);
(G) low-income status;
(H) disability status;
(I) English learner status;
(J) foster care status;
(K) housing status, to the extent possible;
(L) Tribal citizenship or descent, in the first or
second degree, of an Indian Tribe; and
(M) pregnant and parenting student status, to the
extent possible; and
(7) any other information required by the Secretary.
SEC. 6. JOINT TASK FORCE TO END SCHOOL PUSHOUT OF GIRLS OF COLOR.
(a) Establishment.--The Secretary and the Secretary of Health and
Human Services shall establish and operate a joint task force to end
school pushout (in this section referred to as the ``Joint Task
Force'').
(b) Composition.--
(1) Chairs.--The Secretary and the Secretary of Health and
Human Services shall chair the Joint Task Force.
(2) Members.--
(A) In general.--The Joint Task Force shall include
21 total members and be composed of--
(i) 6 students, including 2 Black, Brown,
and Indigenous girls;
(ii) 2 educators;
(iii) 3 parents, including foster parents,
legal guardians, and caregivers with children
enrolled in public school;
(iv) 3 public school officials;
(v) 3 representatives from the civil rights
community, including civil rights and
disability organizations;
(vi) 2 psychologists, social workers,
trauma-informed personnel, and other mental
health professionals with expertise in child
and adolescent development; and
(vii) 2 researchers with experience in
behavioral intervention with children and
youth.
(B) Law enforcement officers.--The Joint Task Force
shall not include law enforcement officers.
(3) Advisory members.--In addition to the members under
paragraph (2), the Assistant Attorney General of the Civil
Rights Division of the Department of Justice and the Director
of the Bureau of Indian Education shall be advisory members of
the Joint Task Force.
(4) Member appointment.--Not later than 60 days after the
date of the enactment of this Act, the Secretary and the
Secretary of Health and Human Services shall appoint the
members of the Joint Task Force--
(A) in accordance with paragraph (2);
(B) using a competitive application process; and
(C) with consideration to the racial, ethnic,
gender, disability, and geographic diversity of the
Joint Task Force.
(c) Study and Recommendations.--The Joint Task Force shall--
(1) conduct a study to--
(A) identify causes for disparities in school
discipline administration that push girls of color out
of schools;
(B) identify best practices for reducing the
overuse and discriminatory use of exclusionary
discipline practices;
(C) identify interventions and accountability for
local and State educational agencies when disparities
in school discipline are found; and
(D) determine to what extent exclusionary
discipline practices contribute to the criminalization
of--
(i) girls of color;
(ii) English learners;
(iii) Indigenous girls;
(iv) LGBTQI+ students;
(v) students experiencing homelessness;
(vi) students involved in the foster care
system; and
(vii) students with disabilities; and
(2) develop recommendations based on the study conducted
under paragraph (1).
(d) Report.--Not later than 360 days after the date of the
enactment of this Act, and biannually thereafter, the Secretary and the
Secretary of Health and Human Services shall submit to Congress a
report on the recommendations under subsection (c)(2). The report shall
be--
(1) available to the public through the public website of
the Department of Health and Human Services and by request;
(2) accessible in accordance with the requirements of the
American with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.); and
(3) available in multiple languages.
SEC. 7. AUTHORIZATION OF APPROPRIATION.
(a) In General.--There is authorized to be appropriated
$500,000,000 for each fiscal year after the date of enactment of this
Act to carry out sections 5 and 6.
(b) Additional Funding to the Office for Civil Rights.--There is
authorized to be appropriated $500,000,000 for each fiscal year after
the date of enactment of this Act to carry out section 4.
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