Overview
Title
To reduce exclusionary discipline practices in schools, and for other purposes.
ELI5 AI
H.R. 2738 is like a big plan to help schools stop using time-outs and other harsh punishments too much, especially for girls with different skin colors. It gives money to schools to find nicer ways to help kids behave and grow.
Summary AI
H.R. 2738 aims to reduce exclusionary discipline practices in U.S. schools, which often push students, especially girls of color, out of the educational system. The bill proposes to collect data on such practices, award grants to develop better disciplinary policies, and establish a joint task force to study and recommend solutions to reduce the overuse of such practices. It also prohibits certain disciplinary actions, like out-of-school suspensions for minor offenses, and emphasizes implementing positive behavioral interventions and support systems.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
The Ending Punitive, Unfair, School-based Harm that is Overt and Unresponsive to Trauma Act of 2025 aims to address and reform exclusionary discipline practices in schools, with a particular focus on reducing discriminatory actions that disproportionately affect girls of color. The bill outlines its goals to improve data collection on school discipline, eliminate discriminatory disciplinary practices, reduce unnecessary loss of instructional time, and prevent the criminalization of students.
General Summary of the Bill
The bill seeks to overhaul the way discipline is managed in schools, emphasizing non-punitive approaches that respect student diversity and mental health needs. It mandates the collection of detailed data about disciplinary actions, such as suspensions and expulsions, across various demographics, and requires annual reporting to ensure transparency and accountability. Grants, known as "Healing School Climate Grants," are offered to educational agencies and nonprofits to develop these reformative practices. Furthermore, a joint task force is established to focus on the discipline of girls of color and to provide recommendations to Congress.
Summary of Significant Issues
A notable issue with the bill is the authorization of a substantial annual budget of $500 million without specific oversight mechanisms. This could raise concerns about financial accountability and the effective use of taxpayer money. Additionally, the requirement to collect sensitive data on students, including specifics like gender identity and sexual orientation, presents privacy concerns and could be logistically challenging for schools.
The bill also prohibits hiring law enforcement personnel in schools, which might not consider the unique security needs of some institutions. The formation of a joint task force to study the issues faced by girls of color in schools is a step forward, but the lack of criteria for "best practices" could result in inconsistent recommendations.
Impact on the General Public
Broadly, this bill might change how disciplinary actions are perceived and managed in educational settings, potentially leading to more inclusive and supportive school environments. Encouraging data-driven approaches to discipline could highlight issues of inequity and guide more effective solutions. However, the extensive data collection required may place a heavy administrative burden on educational institutions, diverting resources from other critical areas.
Impact on Specific Stakeholders
Students: Positively, the bill aims to create safer school climates, particularly benefiting students previously marginalized by existing disciplinary practices. It emphasizes the importance of culturally responsive and trauma-informed support systems.
Educators and Schools: Schools may face challenges in meeting the extensive reporting requirements and in adjusting to new discipline standards. While schools benefit from grants, the restrictions on partnerships with law enforcement could complicate security dynamics.
Law Enforcement: The prohibition on hiring law enforcement personnel within schools could impact collaboration efforts between schools and law enforcement agencies, affecting how safety is managed in schools.
Policy Makers and Civil Rights Groups: The bill aligns with broader efforts to address systemic bias and inequality within educational institutions. However, without clear definitions and criteria, there's a risk of inconsistent applications, leading to uneven progress across different regions.
In conclusion, while the Ending PUSHOUT Act of 2025 offers a promising approach to reforming school discipline by prioritizing inclusivity and data transparency, careful consideration and adjustments may be necessary to address the highlighted issues and ensure effective implementation.
Financial Assessment
Summary of Financial Allocations
H.R. 2738, or the "Ending PUSHOUT Act of 2025," authorizes substantial federal funding to address exclusionary discipline practices in schools. The bill proposes an appropriation of $500,000,000 annually for sections that focus on developing better disciplinary policies and establishing a joint task force. Additionally, an equivalent sum of $500,000,000 per year is allocated to bolster the activities of the Office for Civil Rights as outlined in the bill. These funds are designed to implement data collection, support schools in adopting non-discriminatory practices, and reduce barriers that disproportionately affect students of color, particularly girls.
Financial Accountability and Oversight Concerns
One of the primary concerns regarding these appropriations is the lack of specific oversight mechanisms. The bill does not outline any detailed performance measures or review processes to ensure that the funds lead to the desired outcomes. This could pose significant financial accountability issues, as there is a risk that the appropriations may be spent inadequately or inefficiently without proper checks in place. Establishing clear methods for evaluating the effectiveness of the initiatives funded by this legislation is crucial to ensure financial accountability and transparency.
Funding Implications on Civil Rights Data Collection
The bill mandates the collection of extensive civil rights data, requiring schools and agencies to disaggregate and cross-tabulate sensitive personal information such as race, gender, and disability status. While the allocated funds are intended to aid this data collection process, the requirement introduces privacy and logistical challenges that could strain the resources of educational institutions. Schools with limited funding or technical expertise may face practical implementation difficulties in meeting these detailed data requirements, highlighting the need for targeted financial resources to address these challenges effectively.
Constraints on Grant Use
H.R. 2738 imposes specific restrictions on how grants can be utilized, explicitly prohibiting the hiring or retention of school-based law enforcement personnel. While this aims to promote non-punitive approaches, it may not consider the unique safety and security needs some schools might have. This condition could influence how schools plan their disciplinary reforms, potentially affecting the versatility and adaptability of funded programs to local circumstances.
Conclusion
The substantial financial allocations authorized by H.R. 2738 reflect a significant federal investment in reforming school discipline practices. However, the absence of detailed oversight mechanisms, potential challenges in implementing data collection requirements, and specific restrictions on the use of funds raise several accountability and practical concerns. Ensuring these financial resources are effectively utilized will depend on establishing clear guidelines, performance measures, and providing necessary support to participating schools and organizations.
Issues
The authorization of an annual $500,000,000 appropriation without specific oversight, review mechanisms, or detailed performance measures poses significant financial accountability concerns (Section 7).
The requirement to collect, disaggregate, and cross-tabulate extensive civil rights data, including sensitive personal information, raises privacy and practical implementation concerns, as well as potential logistical burdens for schools (Section 4).
The prohibition on hiring or retaining school-based law enforcement personnel as a condition of receiving grants may not consider unique security needs of some schools and could affect collaboration efforts aimed at disciplinary reform (Section 5).
The ambiguity in the definition of 'best practices' and lack of clear criteria for the 'Joint Task Force to End School Pushout of Girls of Color' could lead to inconsistent applications and recommendations (Section 6).
The lack of detailed guidance for implementing positive alternatives to exclusionary discipline may lead to inconsistent quality and effectiveness across different institutions (Section 5).
The broad language used in the text, particularly referencing other Acts and Codes, could be challenging for the general public without legal expertise to understand, potentially impacting public engagement and transparency (Sections 3 and 7).
The use of vague terms like 'pushout' and the specific demographic focus in the Purpose section may not capture all impacted groups or adequately define the issues being addressed, leading to potential oversight of broader affected populations (Section 2).
The extensive reporting and public accessibility requirements for data and grantee reports may pose significant administrative and financial challenges, particularly for entities with limited resources or technical expertise (Sections 4 and 5).
The lack of specific definitions for racial or ethnic terms, such as 'Brown,' within the Joint Task Force composition could cause confusion and potential misinterpretation (Section 6).
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the bill states its official title, which is the "Ending Punitive, Unfair, School-based Harm that is Overt and Unresponsive to Trauma Act of 2025," also known as the "Ending PUSHOUT Act of 2025."
2. Purpose Read Opens in new tab
Summary AI
The purpose of this Act is to improve data collection on exclusionary discipline in schools, eliminate discriminatory disciplinary practices particularly affecting students of color, reduce unnecessary loss of instructional time due to discipline, and prevent the unjust criminalization and exclusion of students, especially Black and Brown girls, from educational opportunities.
3. Definitions Read Opens in new tab
Summary AI
The section provides definitions for various terms related to school discipline and student rights. It explains what constitutes acts of insubordination, appearance policies, restrictions like chemical and mechanical restraints, and exclusionary discipline. It also defines terms like gender identity, sexual orientation, and culturally sustaining practices in the educational context. Additionally, it covers roles such as school officials and law enforcement officers in schools, as well as concepts like zero-tolerance policies and trauma-informed services.
4. Strengthening civil rights data collection with respect to exclusionary discipline in schools Read Opens in new tab
Summary AI
The section aims to improve how schools collect and report data on disciplinary actions like suspensions and expulsions to ensure they are fair to all students, including those from different backgrounds and with different needs. It also requires the Assistant Secretary for Civil Rights to submit an annual report to Congress, highlighting any patterns of overuse or discrimination, while ensuring privacy and data accessibility.
5. Grants to reduce exclusionary school discipline practices Read Opens in new tab
Summary AI
The "Healing School Climate Grants" are available to local education agencies and nonprofits to reduce exclusionary and discriminatory school discipline practices. Grantees must focus on non-punitive approaches like training, trauma support, and fostering inclusive environments, and are prohibited from using funds for surveillance, law enforcement, or arming school staff.
6. Joint task force to end school pushout of girls of color Read Opens in new tab
Summary AI
The bill establishes a Joint Task Force led by the Secretaries of Education and Health and Human Services, aimed at ending the pushout of girls of color from schools. This task force will study and identify reasons for disparities in school discipline, explore best practices to address them, and make recommendations to Congress, emphasizing diversity and excluding law enforcement officers from its membership.
7. Authorization of appropriation Read Opens in new tab
Summary AI
The section authorizes $500 million to be allocated each year, starting from the law's enactment date, to implement sections 5 and 6 of the bill. Additionally, the section approves another $500 million per year to fund section 4, specifically for the Office for Civil Rights.
Money References
- In general.—There is authorized to be appropriated $500,000,000 for each fiscal year after the date of enactment of this Act to carry out sections 5 and 6. (b) Additional funding to the Office for Civil Rights.—There is authorized to be appropriated $500,000,000 for each fiscal year after the date of enactment of this Act to carry out section 4. ---