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 part; (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 part; 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 part; 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 1 year after the date of enactment of this Act and on an annual basis during each of the 3 years following the year of the first submission. (2) After the expiration of the 3-year period described in paragraph (1), subsequent submissions shall be made not less frequently than once every 2 years. (d) Report For each year in which the Secretary receives submissions from States in accordance with the schedule specified in subsection (c), the Secretary shall— (1) submit to the Committee on Education and Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report summarizing the findings of the school climate reports received from States for such year; and (2) make the school climate reports publicly available. (e) Enforcement (1) In general (A) Use of remedies If a State educational agency fails to comply with subsection (a), the Secretary shall carry out at least one of the following: (i) Withhold, in whole or in part, further payments 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). (ii) Enter into a compliance agreement in accordance with section 457 of the General Education Provisions Act (20 U.S.C. 1234f). (iii) Issue a complaint to compel compliance of the State educational agency 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. 1234e). (B) Cessation of withholding of funds If the Secretary determines (whether by certification or other appropriate evidence) that a State educational agency that is subject to the withholding of payments under subparagraph (A)(i) has cured the failure providing the basis for the withholding of payments within 1 year from the date on which such payments were first withheld, the Secretary shall— (i) cease the withholding of payments with respect to the State educational agency under such subparagraph; and (ii) reimburse all the withheld payments under such subparagraph to such State educational agency. (2) Withheld funds The funds appropriated or made available for the payments that were withheld under paragraph (1)(A)(i) shall be available for expenditure to that program pursuant to this paragraph for up to 1 year from the date upon which the determination in paragraph (1)(B) was made. (3) Rule of construction Nothing in this subsection shall be construed to limit the Secretary’s authority under the General Education Provisions Act (20 U.S.C. 1221 et seq.).