[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 3265 Introduced in House (IH)] <DOC> 119th CONGRESS 1st Session H. R. 3265 To prohibit the use of corporal punishment in schools, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 8, 2025 Ms. Bonamici (for herself, Mrs. McBath, Ms. Moore of Wisconsin, Ms. Pingree, Mr. Beyer, Mr. Davis of Illinois, Mr. Takano, Mr. Soto, Ms. McClellan, Mrs. Cherfilus-McCormick, Mr. DeSaulnier, Mrs. Hayes, Mr. Keating, Mr. Courtney, Mr. Lynch, Ms. Scanlon, Mr. Pocan, Mrs. Watson Coleman, Ms. Jayapal, and Ms. Tokuda) introduced the following bill; which was referred to the Committee on Education and Workforce, 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 2025''. (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 to private schools and home schools. 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 (including models such as restorative justice interventions, trauma-informed care, multi-tiered system of supports, crisis and de-escalation interventions, implicit bias training, and culturally responsive teaching), 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 weapons, 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) Exclusionary discipline.--The term ``exclusionary discipline'' means any type of disciplinary action that removes or excludes a student from the student's usual educational setting, or from access to education services, including such disciplinary actions as in-school suspensions, out-of-school suspensions, expulsions, or any other removal, however labeled, that results in lost instructional time for the student. (4) Model.--The term ``model'' means an activity, strategy, framework, or intervention that is evidence-based, to the extent practicable. (5) Positive behavioral interventions and supports.--The term ``positive behavioral interventions and supports''-- (A) 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 (B) encompasses a range of systemic and individualized positive strategies to teach and reinforce school-expected behaviors, while discouraging and diminishing undesirable behaviors. (6) Program.--The term ``program'' means-- (A) all of the operations of a local educational agency, system of vocational education, or other school system; (B) a program that serves children who receive services for which financial assistance is provided in accordance with the Head Start Act (42 U.S.C. 9831 et seq.); or (C) an elementary school or secondary school that is not a public school that enrolls a student who receives special education and related services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). (7) Program personnel.-- (A) In general.--Subject to subparagraph (B), the term ``program personnel'' means any agent of a program, including an individual who is employed by a program, or who performs services for a program on a contractual basis, including-- (i) school leaders; (ii) teachers; (iii) specialized instructional support personnel; (iv) paraprofessionals; or (v) other staff. (B) Exclusion.--Notwithstanding subparagraph (A), program personnel shall not include a law enforcement officer or a school security guard. (8) 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). (9) Law enforcement officer.--The term ``law enforcement officer''-- (A) means any person who-- (i) is a State, Tribal, or local law enforcement officer (as defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284)); and (ii) is assigned by the employing law enforcement agency to a program, who is contracting with a program, or who is employed by a program; and (B) includes an individual referred to as a ``school resource officer'' if that individual meets the definition in subparagraph (A). (10) School security guard.--The term ``school security guard'' means an individual who is not a sworn law enforcement officer and who is responsible for addressing one or more of the following safety and crime prevention activities in and around 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. (11) 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, a law enforcement officer, or a school security guard under any program which receives Federal financial assistance. (b) Private Right of Action.--A student who has been subjected to corporal punishment by program personnel, a law enforcement officer, or a school security guard 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. 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 under this Act to not be subject to corporal punishment by program personnel, law enforcement officers, or school security guards 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(c))) 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, a law enforcement officer, or a school security guard 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.--In accordance with the schedule specified in subsection (c), each State educational agency that receives Federal financial assistance shall provide to the Secretary-- (1) in the case of a State that did not prohibit corporal punishment in schools before the date of enactment of this Act, 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; (2) in the case of a State that prohibited corporal punishment in schools before the date of enactment of this Act, a written assurance that all programs located in such State have been notified of the requirements of this Act; and (3) a school climate report that includes a description of-- (A) the policies and procedures of the State educational agency with respect to 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 as required under section 1111(g)(1)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(g)(1)(C)); 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.--In accordance with the schedule specified in subsection (c), 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) Submission Schedule.--States and local educational agencies shall make the submissions required under subsections (a) and (b) as follows: (1) The initial submissions shall be made not later than one year after the date of enactment of this Act and on an annual basis during each of the 3 years followi