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Code · BILL · 117th Congress · H.R. 3836 (Introduced in House) — To prohibit the use of corporal punishment in schools, and for other purposes. · Sec. 3

Sec. 3. Definitions

643 words·~3 min read·/bill/117/hr/3836/ih/section-3

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In this Act: 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. 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 ).
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. The term model means an activity, strategy, framework, or intervention that is evidence-based, to the extent practicable.
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.
The term program means— all of the operations of a local educational agency, system of vocational education, or other school system; 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 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. ).
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— school leaders; teachers; specialized instructional support personnel; paraprofessionals; or other staff. Notwithstanding subparagraph (A), program personnel shall not include a law enforcement officer or a school security guard. 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 ).
The term law enforcement officer — means any person who— 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 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 includes an individual referred to as a school resource officer if that individual meets the definition in subparagraph (A).
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: 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. The term student means an individual enrolled in a program.
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cites case law
Sec. 3
Definitions
U.S.C.§ 7801
U.S.C.§ 9831
U.S.C.§ 1400
U.S.C.§ 15043
U.S.C.§ 10284
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