[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2738 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 2738
To reduce exclusionary discipline practices in schools, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 8, 2025
Ms. Pressley (for herself, Mrs. Watson Coleman, Ms. Omar, Mrs. Beatty,
Mr. Casar, Mr. DeSaulnier, Ms. Lee of Pennsylvania, Ms. Norton, Ms.
Ocasio-Cortez, Mrs. Ramirez, Mr. Thanedar, and Ms. Tlaib) introduced
the following bill; which was referred to the Committee on Education
and 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 2025'' or
the ``Ending PUSHOUT Act of 2025''.
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; and
(iv) the use of profane or vulgar language.
(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 as