Sec. 3. Definitions
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/bill/119/hr/2738/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: 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. 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— restrict or prescribe clothing that a student may wear (including hijabs, headwraps, or bandanas); restrict specific hair styles (such as braids, locs, twists, Bantu knots, cornrows, extensions, or afros); or restrict whether or how a student may apply make-up, nail polish, or other cosmetics.
The term chemical restraint means a drug or medication used on a student to control behavior or restrict freedom of movement that is not— 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 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.
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 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. 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. 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 ). 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. 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 ). 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. 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. 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. 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) ). 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. 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 . 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. 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. 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 . 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. 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 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. The term school-based law enforcement officer means an individual who— is— assigned by a law enforcement agency to a secondary or elementary school or local educational agency; contracting with a secondary or elementary school or local educational agency; or employed by a secondary or elementary school or local educational agency; has the legal power to detain, arrest, issue a citation, perform a custodial investigation, or refer a person to a criminal or juvenile court; meets the definition of a law enforcement personnel under State law; or may be referred to as a school resource officer , a sworn law enforcement officer , or a school police officer . 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. 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. The term Secretary means the Secretary of Education. The term serious bodily injury has the meaning given that term in section 1365(h)(3) of title 18, United States Code. 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. 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 ). 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. 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”. The term trauma-informed services means a service delivery approach that— recognizes and responds to the impacts of trauma with evidence-based supports and intervention; emphasizes physical, psychological, and emotional safety for both providers of services and survivors of trauma; and creates opportunities for survivors of trauma to rebuild a sense of healing and empowerment. 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.
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