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H.R. 10421IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 23212 · H.R. 10421

Definitions

Title II — Support for School Climate and Safety › Subtitle C — School Climate and Safety › Part 2 — Protecting Our Students in Schools › Subpart A — Purposes; Definitions

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In this part: (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) Model The term model means an activity, strategy, framework, or intervention that is evidence-based, to the extent practicable. (3) 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. (4) 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.). (5) 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. (6) 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). (7) 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). (8) 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. (9) Student The term student means an individual enrolled in a program.

Sec. 23212: Definitions · Public Law Tracker