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HR 3407 IH

To amend the Elementary and Secondary Education Act of 1965 to allow State and local educational agencies and schools to make greater use of early intervening services, particularly schoolwide positive behavior supports.

August 3, 2007

Mr. HARE (for himself, Mr. LOEBSACK, Ms. WOOLSEY, and Mr. DAVIS of Illinois) introduced the following bill; which was referred to the Committee on Education and Labor

To amend the Elementary and Secondary Education Act of 1965 to allow State and local educational agencies and schools to make greater use of early intervening services, particularly schoolwide positive behavior supports.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Positive Behavior for Effective Schools Act'.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings- The Congress finds the following:

(1) Educators and the general public cite disciplinary issues as the leading challenge facing schools.

(2) There is significant evidence that zero tolerance and other get-tough approaches to school discipline are ineffective and even counter-productive.

(3) Learning and behavior are inextricably linked. The most successful schools have high academic and behavior standards, and improvements in student behavior and school climate are correlated with improvements in academic outcomes and graduation rates.

(4) Evidence-based practices for improving behavior and creating a school climate more conducive to learning have not been uniformly adopted and sustained.

(5) Many problems can be prevented or minimized with early intervening services that have been shown to be effective and reduce the need for more intensive and more costly interventions.

(6) In particular, the use of positive behavior supports leads to greater academic achievement, significantly fewer disciplinary problems, lower suspension and expulsion rates, greater inclusion, more time for instruction, and increased opportunities for all students to achieve.

(7) The application of schoolwide positive behavior supports decreases rates of problem behaviors by improving the systematic and consistent use of active supervision, positive feedback, and social skills instruction.

(8) When approaches such as positive behavior support are paired with effective interventions and services for students with significant needs, all students, including those with the most challenging behaviors, can succeed.

(b) Purposes- The purposes of this Act are to expand the use of positive behavior supports and other early intervening services in schools in order to systematically create a school climate that is highly conducive to learning, reduce discipline referrals, and improve academic outcomes.

SEC. 3. POSITIVE BEHAVIOR SUPPORT DEFINED.

Section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is amended by adding at the end the following:

`(44) POSITIVE BEHAVIOR SUPPORT- The term `positive behavior support' means a broad range of systemic and individualized strategies for achieving important social and learning outcomes while preventing problem behavior with all students.'.

SEC. 4. SCHOOLWIDE POSITIVE BEHAVIOR SUPPORT.

(a) Flexibility To Use Title I Funds To Implement Schoolwide Positive Behavior Support-

(1) IN GENERAL- Section 1003(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6303(b)) is amended--

(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

(B) by inserting `(1)' before `Of the amount'; and

(C) by adding at the end the following:

`(2) Of the amount reserved under subsection (a) for any fiscal year, the State educational agency may allocate funds to develop and implement coordinated, early intervening services (including schoolwide positive behavior supports) for all students, including those who have not been identified as needing special education but who need additional academic and behavioral support to succeed in a general education environment. Funds so allocated shall be aligned with funds authorized under section 613(f) of the Individuals with Disabilities Education Act and shall be used to supplement, and not supplant, funds made available under such Act for these activities and services.'.

(2) TECHNICAL ASSISTANCE-

(A) Subparagraph (B) of section 1116(b)(4) of such Act (20 U.S.C. 6316(b)(4)) (relating to technical assistance) is amended by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively, and by inserting after clause (ii) the following new clause:

`(iii) shall include assistance in implementation of schoolwide positive behavior supports and other approaches with evidence of effectiveness for improving the learning environment in the school;'.

(B) Paragraph (3) of section 1117(a) of such Act (20 U.S.C. 6317(a)) (relating to regional centers) is amended by inserting `any technical assistance center on schoolwide positive behavior supports funded under section 665(b) of the Individuals with Disabilities Education Act,' after `2002),'.

(C) Subparagraph (B) of section 1117(a)(5) of such Act (20 U.S.C. 6317(a)(5)) (relating to functions of school support teams) is amended by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively, and by inserting after clause (ii) the following new clause:

`(iii) review the number of discipline referrals in the school and the overall school climate and engagement of families, and use that information to assist the school to implement schoolwide positive behavior supports and/or other early intervening services;'.

(b) LEA Flexibility To Improve School Climate- Subclause (I) of section 1114(b)(1)(B)(iii) of such Act (20 U.S.C. 6314(b)(1)(B)(iii)) (relating to schoolwide reform strategies) is amended by redesignating items (bb) and (cc) as items (cc) and (dd), respectively, and by inserting after item (aa) the following new item:

`(bb) improve the learning environment in the school, including the implementation of schoolwide positive behavior supports, in order to improve academic outcomes for students;'.

SEC. 5. AMENDMENTS RELATED TO THE SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES PROGRAM.

Section 4002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7102) (relating to purpose) is amended by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively, and by striking all that precedes paragraph (2) (as so redesignated) and inserting the following:

`The purpose of this part is to support programs that improve the whole school climate in order to foster learning, including programs that prevent discipline problems; that prevent violence in and around schools; that prevent the illegal use of alcohol, tobacco, and drugs; that involve parents and communities in the school programs and activities; and that are coordinated with related Federal, State, school, and community efforts and resources to foster a safe and drug-free learning environment that supports student academic achievement, through the provision of Federal assistance to--

`(1) States for grants to local educational agencies and consortia of such agencies to establish, operate and improve local programs relating to improving the schoolwide climate (including implementation of positive behavior supports and other programs);'.

SEC. 6. EARLY INTERVENING SERVICES UNDER ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAM.

Paragraph (2) of section 5421(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7245(b)) is amended by redesignating subparagraphs (C) through (H) as subparagraphs (D) through (I), respectively, and by inserting after subparagraph (B) the following new subparagraph:

`(C) describe how the local educational agency will address the need for early intervening services that improve the school climate for learning, such as through schoolwide positive behavior supports;'.

SEC. 7. TEACHER PROFESSIONAL DEVELOPMENT TO IMPROVE SCHOOL CLIMATE.

Paragraph (2) of section 2122(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6622(c)) is amended--

(1) by striking `subject matter knowledge and teaching skills' and inserting `subject matter knowledge, teaching skills, and an understanding of social/emotional learning in children and approaches that improve the school climate for learning (such as positive behavior support)'; and

(2) by inserting `to improve their school's climate for learning' after `instructional leadership skills to help teachers'.

SEC. 8. OFFICE OF SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES.

The Department of Education Organization Act is amended by adding at the end of title II (20 U.S.C. 3411 et seq.) the following:

`OFFICE OF SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES

`Sec. 2501.

`(a) In General- There shall be, within the Office of the Deputy Secretary in the Department of Education, an Office of Specialized Instructional Support Services (hereinafter in this section referred to as the `Office').

`(b) Purpose- The purpose of the Office shall be to administer, coordinate, and carry out programs and activities concerned with providing specialized instructional support services in schools, delivered by trained, qualified specialized instructional support personnel.

`(c) Director- The Office shall be headed by a Director who shall be selected by the Secretary and report directly to the Deputy Secretary of Education.

`(d) Activities- In carrying out subsection (b), the Director shall support activities to--

`(1) improve specialized instructional support services in schools in order to improve academic achievement and educational results for students;

`(2) identify scientifically based practices in specialized instructional support services that support learning and improve academic achievement and educational results for students;

`(3) provide continuous training and professional development opportunities for specialized instructional support personnel and other school personnel in the use of effective techniques to address academic, behavioral, and functional needs;

`(4) provide technical assistance to local and State educational agencies in the provision of effective, scientifically based specialized instructional support services; and

`(5) coordinate specialized instructional support services programs and services in schools between the Department of Education and other federal agencies, as appropriate.'.

SEC. 9. REFERENCES TO PUPIL SERVICES AND PERSONNEL.

(a) In General- The Elementary and Secondary Education Act of 1965 is amended--

(1) by striking `pupil services' each place it appears in sections 1114(b)(1)(B)(iii)(I)(aa), 1416(4), and 4152(2) and inserting `specialized instructional support services'; and

(2) by striking `pupil services personnel' each place it appears and inserting `specialized instructional support personnel'.

(b) Definition- Section 9101 of that Act (20 U.S.C. 7801) is amended--

(1) by striking paragraph (36);

(2) by redesignating paragraphs (37) through (39) as (36) through (38); and

(3) by inserting after paragraph (38) (as so redesignated) the following:

`(39) SPECIALIZED INSTRUCTIONAL SUPPORT PERSONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES-

`(A) SPECIALIZED INSTRUCTIONAL SUPPORT PERSONNEL- The term `specialized instructional support personnel' means school counselors, school social workers, school psychologists, and other qualified professional personnel involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary corrective or supportive services (including related services as that term is defined in section 602 of the Individuals with Disabilities Education Act) as part of a comprehensive program to meet student needs.

`(B) SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES- The term `specialized instructional support services' means the services provided by specialized instructional support personnel, including any other corrective or supportive services to meet student needs.'.