[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9100 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 9100
To authorize grants to establish a national education protection and
advocacy program to enforce the rights and protections under the
Individuals with Disabilities Education Act, the Americans with
Disabilities Act of 1990, and section 504 of the Rehabilitation Act of
1973, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 30, 2022
Mr. DeSaulnier (for himself and Mr. Langevin) introduced the following
bill; which was referred to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To authorize grants to establish a national education protection and
advocacy program to enforce the rights and protections under the
Individuals with Disabilities Education Act, the Americans with
Disabilities Act of 1990, and section 504 of the Rehabilitation Act of
1973, and for other purposes.
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 ``Protection and Advocacy in Education
Act''.
SEC. 2. GRANTS TO ESTABLISH A NATIONAL EDUCATION PROTECTION AND
ADVOCACY PROGRAM.
(a) Definitions.--In this section:
(1) American indian consortium.--The term ``American Indian
consortium'' has the meaning given the term in section 102 of
the Developmental Disabilities Assistance and Bill of Rights
Act of 2000 (42 U.S.C. 15002).
(2) Educational setting.--The term ``educational setting''
includes any setting, in which a student (including a child,
youth, or an adult) who may be eligible for education or
related services under, or is otherwise protected by, the laws
described in subsection (b) receives such education or
services.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(4) 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).
(b) Program Established.--The Secretary shall make grants to
protection and advocacy systems for the purpose of protecting the
rights and advocating for the educational needs of children, youth, and
adults who are (or may be) protected by or eligible for education or
related services under the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.), section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794), or the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).
(c) Uses of Funds.--A protection and advocacy system shall use a
grant under this section to carry out one or more of the following:
(1) Monitoring and identifying conditions and practices
that violate the laws described in subsection (b) with respect
to the rights of students with disabilities.
(2) Advocating for safe and humane conditions and the
elimination of aversive and other dangerous practices at
educational settings, including seclusion and restraint.
(3) Collaborating with parent training and information
centers, as described in section 671 of the Individuals with
Disabilities Education Act (20 U.S.C. 1471), to ensure that
needed advocacy and information is provided for families and
individuals protected by or eligible for education-related
services, protection, and rights under the laws described in
subsection (b).
(4) Advocating for redress of violations of the law and
providing advocacy in dispute resolution proceedings.
(5) Advocating for systemic change in educational settings
to address violations of the laws described in subsection (b).
(6) Pursuing administrative, legal, and other appropriate
remedies to ensure that children, youth, and adults with
disabilities in educational settings are eligible for and
receiving the education, related services, protections, and
rights to which they are entitled under the laws described in
subsection (b).
(d) System Requirements.--To be eligible for a grant under this
section, a protection and advocacy system shall--
(1) have the authority to investigate incidents of abuse
and neglect of youth, children, and adults with disabilities in
educational settings if the incidents are reported to the
protection and advocacy system or if there is probable cause to
believe that the incidents occurred;
(2) have the authority to pursue legal, administrative, and
other appropriate remedies or approaches to ensure the
protection of, and advocacy for, the rights of children, youth,
and adults in educational settings who are protected by or are
(or may be) eligible for education or related services under
the laws described in subsection (b); and
(3) have the same authorities as set forth in section 143
of the Developmental Disabilities Assistance and Bill of Rights
Act of 2000 (42 U.S.C. 15043) and any regulations issued under
such section, including the authority to access individuals,
records, and educational settings.
(e) Application.--A protection and advocacy system shall submit an
application to the Secretary at such time, in such form and manner, and
accompanied by such information as the Secretary may require, and shall
include a description of how the system will use grant funds to address
the needs of children, youth, and adults with disabilities in
educational settings.
(f) Appropriations Less Than $6,750,000.--
(1) In general.--With respect to any fiscal year for which
the amount appropriated pursuant to subsection (o) to carry out
this section is less than $6,750,000, the Secretary shall
reserve funds in accordance with subsection (n)(1) and make
grants from such remaining amounts among protection and
advocacy systems that apply for a grant under this section.
(2) Amount of grant.--The amount of a grant under paragraph
(1) shall not be less than--
(A) $120,000 for a protection and advocacy system
located in 1 of the several States, the District of
Columbia, or the Commonwealth of Puerto Rico; and
(B) $60,000 for a protection and advocacy system
located in American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, the United States
Virgin Islands, or the American Indian Consortium.
(g) Appropriations of $6,750,000 or More.--
(1) In general.--With respect to any fiscal year in which
the amount appropriated pursuant to subsection (o) to carry out
this section is not less than $6,750,000, the Secretary shall
reserve funds in accordance with subsection (n)(2) and make
grants from such remaining amounts not later than January 1 of
the fiscal year to protection and advocacy systems that apply
for a grant under this section.
(2) Amount of grant.--Subject to paragraph (3), the amount
of a grant to a protection and advocacy system under paragraph
(1) shall be equal to an amount bearing the same ratio to the
total amount appropriated for the fiscal year involved pursuant
to subsection (o) and not reserved as the population of the
State in which the grantee is located bears to the population
of all States.
(3) Minimums.--The amount of a grant under paragraph (1)
shall not be less than--
(A) $120,000 for a protection and advocacy system
located in one of the several States, the District of
Columbia, or the Commonwealth of Puerto Rico; and
(B) $60,000 for a protection and advocacy system
located in American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, or the United States
Virgin Islands, and for the system serving the American
Indian Consortium.
(4) Adjustment.--For each fiscal year in which the total
amount appropriated under subsection (o) to carry out this
section is $10,000,000 or more, and such appropriated amount
exceeds the total amount appropriated to carry out this section
for the preceding fiscal year, the Secretary shall increase
each of the minimum grant amounts described in subparagraphs
(A) and (B) of paragraph (3) by a percentage equal to the
percentage increase in the total amount appropriated under
subsection (o) to carry out this section between the preceding
fiscal year and the fiscal year involved.
(h) Direct Payment.--Notwithstanding any other provision of law,
the Secretary shall pay directly to any protection and advocacy system
that complies with this section, the total amount of the grant for such
system, unless the system provides otherwise for such payment.
(i) No Matching Funds Required.--The Federal share of a grant under
this section shall be 100 percent and a grant recipient shall not be
required to provide matching funds.
(j) Annual Report.--Each protection and advocacy system that
receives a grant under this section shall submit an annual report to
the Secretary concerning the services provided to protect and advocate
for the educational needs of children, youth, and adults who are (or
may be) eligible for education and related services under the laws
described in subsection (b).
(k) Administrative, Reporting, and Oversight Requirements.--To the
extent possible, reporting, monitoring, program financing, and other
administrative and oversight requirements established by the Secretary
under this section shall be consistent with the administrative,
reporting, and oversight requirements for a protection and advocacy
system under the Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 150001 et seq.).
(l) Supplement, Not Supplant.--A protection and advocacy system
receiving funds under this section shall use such funds to supplement,
and not supplant, funds used to protect the rights and advocate for the
educational needs of children, youth, and adults who are (or may be)
protected under or eligible for services under the laws described in
subsection (b).
(m) Carryover and Program Income.--Any amounts paid to a protection
and advocacy system for a fiscal year under this section that remain
unobligated at the end of such fiscal year shall remain available to
such system for obligation during the subsequent fiscal year. Program
income generated from such amounts shall be considered additive and
shall remain available for 5 additional fiscal years after the year in
which such amount was paid to the protection and advocacy system.
(n) Technical Assistance.--
(1) Appropriations of less than $6,750,000.--For any fiscal
year for which the amount appropriated to carry out this
section is less than $6,750,000, the Secretary shall set aside
1 percent of the funds appropriated (but not less than $50,000)
to make a grant to or a contract or cooperative agreement with
a national organization with experience in providing training
and technical assistance to protection and advocacy systems to
provide such training and technical assistance.
(2) Appropriations of not less than $6,750,000.--For any
fiscal year for which the amount appropriated to carry out this
section is not less than $6,750,000, the Secretary shall set
aside 2 percent of the funds appropriated to make a grant to or
contract or cooperative agreement with a national organization
with experience in providing training and technical assistance
to protection and advocacy systems to provide such training and
technical assistance.
(o) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for each of fiscal years 2023 through 2032.
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