I
110th CONGRESS
1st Session
H. R. 3407
IN THE HOUSE OF REPRESENTATIVES
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
A BILL
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.
Short title
This Act may be cited as the
Positive Behavior for Effective
Schools Act
.
Findings and purposes
Findings
The Congress finds the following:
Educators and the general public cite disciplinary issues as the leading challenge facing schools.
There is significant evidence that zero tolerance and other get-tough approaches to school discipline are ineffective and even counter-productive.
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.
Evidence-based practices for improving behavior and creating a school climate more conducive to learning have not been uniformly adopted and sustained.
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.
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.
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.
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.
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.
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:
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.
.
Schoolwide positive behavior support
Flexibility To use Title I funds To implement schoolwide positive behavior support
In general
Section 1003(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6303(b)) is amended—
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
by inserting
(1)
before Of the amount
; and
by adding at the end the following:
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.
.
Technical assistance
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:
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;
.
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),
.
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:
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;
.
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:
improve the learning environment in the school, including the implementation of schoolwide positive behavior supports, in order to improve academic outcomes for students;
.
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—
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);
.
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:
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;
.
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—
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
by inserting
to improve their school’s climate for learning
after
instructional leadership skills to help teachers
.
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
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
).
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.
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.
Activities
In carrying out subsection (b), the Director shall support activities to—
improve specialized instructional support services in schools in order to improve academic achievement and educational results for students;
identify scientifically based practices in specialized instructional support services that support learning and improve academic achievement and educational results for students;
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;
provide technical assistance to local and State educational agencies in the provision of effective, scientifically based specialized instructional support services; and
coordinate specialized instructional support services programs and services in schools between the Department of Education and other federal agencies, as appropriate.
.
References to pupil services and personnel
In general
The Elementary and Secondary Education Act of 1965 is amended—
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
by striking ‘‘pupil services personnel’’ each place it appears and inserting ‘‘specialized instructional support personnel’’.
Definition
Section 9101 of that Act (20 U.S.C. 7801) is amended—
by striking paragraph (36);
by redesignating paragraphs (37) through (39) as (36) through (38); and
by inserting after paragraph (38) (as so redesignated) the following:
Specialized instructional support personnel; specialized instructional support services
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.
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.
.