H.R. 2576

Help Identify Indicators of Potential Student Aggression Act of 2007

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I

110th CONGRESS

1st Session

H. R. 2576

IN THE HOUSE OF REPRESENTATIVES

June 6, 2007

Ms. Carson (for herself, Ms. Jackson-Lee of Texas, Mr. Payne, and Ms. Corrine Brown of Florida) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To direct the Secretary of Health and Human Services to prepare concise written materials for use by school personnel to help to identify students with a high potential to commit aggressive and harmful behavior, and for other purposes.

1.

Short title

This Act may be cited as the Help Identify Indicators of Potential Student Aggression Act of 2007.

2.

Materials for use by school personnel to identify students with a high potential to commit aggressive and harmful behavior

(a)

In general

The Secretary of Health and Human Services, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall prepare and, as appropriate, periodically revise—

(1)

concise written materials to be used by faculty, counselors, teachers’ aides, school medical personnel, and other school leaders in elementary schools, secondary schools, and institutions of higher education—

(A)

to help to identify the possible warning signs of a student with a high potential to commit aggressive and harmful behavior to property, themselves, or others; and

(B)

to refer an accounting of the suspect behavior to designated school personnel; and

(2)

more detailed written materials to be used by designated school personnel to determine an appropriate course of action with respect to a student identified pursuant to paragraph (1), including whether the student should be referred to a mental health expert.

(b)

Alternative versions

The materials prepared under subsection (a) may be prepared in alternative versions to specifically address distinct school settings.

(c)

Considerations

In preparing the materials required by paragraphs (1) and (2) of subsection (a), the Secretary of Health and Human Services—

(1)

shall take into consideration the need to differentiate indicators of a wide range of normal behavior from indicators of a high potential for aggressive and harmful behavior;

(2)

shall take into consideration the possibility of unintended, adverse consequences resulting from targeting for suspicion or identifying a student as having a high potential to commit aggressive and harmful behavior;

(3)

shall design the materials in a manner that—

(A)

protects student confidentiality and privacy throughout the identification and referral processes; and

(B)

notwithstanding such protections, preserves the authority of school officials to intervene when immediate action is required to control a given situation; and

(4)

shall design the materials so as to prevent stereotyping of students and misuse by school personnel on the basis of gender, racial, ethnic, or cultural differences.

(d)

Rule of construction

Nothing in this Act shall be construed to require an elementary school, secondary school, or institution of higher education—

(1)

to use the materials prepared under subsection (a); or

(2)

to implement any standard or recommendation contained in such materials.

(e)

Provision to Secretary of Education

The Secretary of Health and Human Services shall provide the materials prepared under subsection (a), including any revision thereof, to the Secretary of Education for distribution. The Secretary of Health and Human Services shall provide the first version of such materials, ready for distribution, not later than 90 days after the date of the enactment of this Act.

(f)

Distribution to schools

Not later than 90 days after receipt of materials pursuant to subsection (e), including any revision thereof, the Secretary of Education shall distribute such materials to each private or public elementary school, secondary school, and institution of higher education.

(g)

Definitions

In this Act:

(1)

The terms elementary school and secondary school have the meanings given to such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(2)

The term institution of higher education has the meaning given to such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).