[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