Protecting our Students in Schools Act of 2020
A BILL
To prohibit the use of corporal punishment in schools, and for other purposes.
2. Purposes
The purposes of this Act are to—
eliminate the use of corporal punishment in schools;
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;
assist States, local educational agencies, and schools in improving school climate and culture by implementing positive behavioral interventions and supports and other models to address student behavior and work to eliminate the use of exclusionary and aversive discipline practices or interventions;
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
collect and analyze data on exclusionary and aversive discipline practices or interventions in schools.
3. Definitions
In this Act:
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 weapon, or stun guns on a student’s body.
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).
Model— The term model means an activity, strategy, framework, or intervention that is evidence-based, to the extent practicable.
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 decisionmaking 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.
Program— The term program means—
all of the operations of a local educational agency, system of vocational education, or other school system; and
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.).
Program personnel—
In general— 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—
school leaders;
teachers;
specialized instructional support personnel;
paraprofessionals; or
other staff.
Exclusion— The term program personnel shall not include a school resource officer or a school security guard.
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).
School resource officer— The term school resource officer means a sworn law enforcement officer who—
is assigned by the employing police department to a program;
is contracting with a program; or
is employed by a program.
School security guard— The term school security guard means a contractor or an employee of a program responsible for addressing one or more of the following safety and crime prevention activities with respect to a program:
Assisting program personnel in safety incidents.
Educating students in crime and illegal drug use prevention and safety.
Developing or expanding community justice initiatives for students.
Training students in conflict resolution and supporting restorative justice programs.
Serving as a liaison between the program and outside agencies, including other law enforcement agencies.
Screening students or visitors to the program for prohibited items.
Student— The term student means an individual enrolled in a program.