Overview
Title
To reduce exclusionary discipline practices in schools, and for other purposes.
ELI5 AI
S. 1338 is a bill that wants to make school punishments more fair, especially for girls who are treated unfairly because of their color. It tries to help by giving money to schools and by making sure that schools keep track of how they punish students.
Summary AI
S. 1338 aims to reduce the use of exclusionary discipline practices in schools, especially those that disproportionately affect girls of color and other marginalized students. The bill strengthens data collection on these practices to highlight discrimination and mandates annual reports to Congress. It establishes grants for schools to develop fairer disciplinary policies and create supportive learning environments. Additionally, a joint task force will study ways to end the pushout of girls of color and issue recommendations to address these disparities.
Published
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AnalysisAI
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, seeks to address and reform how schools discipline students, particularly focusing on reducing exclusionary discipline practices that disproportionately affect students of color, LGBTQI+ students, and those with disabilities. The bill emphasizes collecting comprehensive data on these practices, providing targeted grants to revamp school discipline strategies, and creating a joint task force to specifically address the challenges faced by girls of color in educational settings. A total of $500 million annually is allocated for supporting sections related to grants and the task force, and an additional $500 million for civil rights data collection, starting from when the bill becomes law.
Summary of Significant Issues
The bill presents several noteworthy issues. A key concern is the indefinite annual appropriation of $500 million per fiscal allocation section, which lacks clear oversight or review mechanisms. This open-ended financial commitment raises questions about sustainability and the efficient use of taxpayer funds.
Another issue involves privacy concerns related to the extensive data collection and disaggregation requirements needed for tracking disciplinary actions in schools. In smaller communities, the risk of student privacy violations is heightened, as individual students could potentially be identified from the data.
The eligibility criteria for receiving grants lack clarity, particularly when it comes to defining nonprofit organizations with a "track record of success," thus opening avenues for potential favoritism or confusion in how grants are distributed.
The bill uses terms like "culturally sustaining" and "trauma-informed services" without offering specific guidance or examples, risking inconsistent application across different schools due to subjective interpretations.
Finally, while the bill aims to establish a joint task force focused on reducing school pushout for girls of color, it does not specify a funding source or structure for ensuring the task force's activities are financially supported, potentially impacting its operational effectiveness.
Potential Impacts on the Public and Stakeholders
Broadly, the bill aims to create a safer and more equitable educational environment by prioritizing reform in school discipline policies; however, the implementation of this ambitious initiative could lead to varied outcomes.
For Students and Families: Students, particularly those from marginalized groups, could significantly benefit from reduced reliance on exclusionary discipline. This could result in improved educational outcomes and more supportive learning environments. However, the emphasis on data collection might raise privacy concerns among families, especially in small or tightly-knit communities.
For Educators and Schools: The bill necessitates changes that require educators and school administrators to shift towards non-punitive discipline approaches, which may require additional training. While this can lead to positive school climates, it may also impose a considerable administrative burden due to the detailed reporting requirements.
For Nonprofit Organizations and Local Communities: Eligible nonprofit organizations could receive funding to support innovative, supportive educational practices in schools. Nevertheless, vague eligibility criteria might hinder clear decision-making on which organizations should receive these funds.
For Policymakers and the Government: The bill establishes federal oversight over discipline practices nationwide, potentially offering a robust database for future policymaking. Still, without clear budget allocations and accountability measures, it might be challenging to measure the effectiveness of these financial commitments.
Overall, the Ending PUSHOUT Act of 2025 paves the way for potentially transformative changes in addressing school discipline disparities. Yet, the success of its implementation depends heavily on how well the outlined issues can be navigated and resolved.
Financial Assessment
The bill, S. 1338, focuses on reducing exclusionary discipline practices in schools with a financial framework that involves significant appropriations for implementing its measures. It is important to examine the financial allocations detailed in the bill, understanding their implications and any potential issues related to their execution.
Authorized Appropriations
The bill authorizes an appropriation of $500,000,000 annually for unspecified fiscal years to carry out Sections 5 and 6 of the act. This funding is primarily intended to support grants to reduce exclusionary school discipline practices and to establish a joint task force aimed at addressing the disciplinary pushout of girls of color. Additionally, another $500,000,000 is authorized for the Office for Civil Rights to enhance civil rights data collection related to exclusionary discipline practices as specified in Section 4.
Financial Concerns
The indefinite allocation of $500,000,000 annually raises significant concerns about financial sustainability and oversight. The lack of a sunset clause or periodic financial review mechanisms could lead to unchecked spending over the years. Without specific stipulations for oversight, there is a potential risk for inefficient use or misallocation of these funds. The issue of sustainability becomes even more critical considering the large financial commitments involved.
Grant Allocation Challenges
Section 5 outlines that eligible entities, which include both educational agencies and nonprofit organizations, can apply for grants. However, the criteria for selecting nonprofit organizations, specifically the requirement of having a "track record of success," are broad and could lead to potential favoritism. This ambiguity could result in inconsistent distribution of financial resources, affecting the equitable support for all intended beneficiaries.
Absence of Dedicated Funding for the Joint Task Force
While Section 6 discusses the creation of a joint task force, it lacks explicit mention of dedicated funding within its section. Although the joint task force's activities are encompassed under the allocations outlined in Sections 5 and 7, the absence of a clear funding stream may hamper its operations. Clarity on financial resources is crucial to the effectiveness and sustainability of the task force's efforts.
Administrative Burdens and Privacy Concerns
The bill's extensive requirements for data disaggregation may impose administrative burdens on schools, diverting resources from educational activities. Furthermore, the scope of data collection might lead to privacy issues, particularly in smaller communities where individual students could be identifiable. Addressing these financial and operational challenges will be essential to ensure that the bill's intentions are effectively realized without unintended negative consequences.
Issues
The potential indefinite appropriation of $500,000,000 annually without clear oversight or review mechanisms as outlined in Section 7 raises significant financial concerns about the sustainability and accountability of such large financial commitments.
The extensive data disaggregation and cross-tabulation requirements in Section 4 for collecting civil rights data on exclusionary discipline practices may lead to privacy concerns, especially in small communities where individual students might be identifiable, potentially violating privacy provisions.
The broad definition of 'eligible entities' in Section 5 for grant allocation could lead to confusion or favoritism, particularly regarding nonprofit organizations with a 'track record of success', increasing the risk of inconsistent grant distribution.
The ambiguity in the correct implementation of 'culturally sustaining' and 'trauma-informed services', as mentioned in Section 3, without specific guidance or examples, could lead to varying interpretations and implementations across different educational institutions.
The lack of explicit definitions and examples of 'exclusionary discipline practices' in Section 2, as well as undefined terms like 'pushout', may cause misunderstandings and inconsistent application of the bill's intentions among different stakeholders.
Section 6 fails to outline a budget or funding source for the Joint Task Force, raising questions about how its activities will be financed and sustained, which could impact its effectiveness in achieving its objectives.
The possibility of increased administrative burdens on schools and educational agencies due to the complexity of data disaggregation requirements in Section 4 might divert resources from other educational activities, affecting the overall educational environment.
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 bill requires the Assistant Secretary for Civil Rights to collect data each year on exclusionary discipline in schools, like suspensions and expulsions, while ensuring safety and privacy. This data will focus on public preschools and K-12 schools, include various student characteristics such as race and income status, and be reported to Congress highlighting any unfair disciplinary patterns, while being publicly accessible in multiple formats and languages.
5. Grants to reduce exclusionary school discipline practices Read Opens in new tab
Summary AI
The Healing School Climate Grants program is a competitive grant initiative that aims to reduce exclusionary and discriminatory discipline practices in schools, particularly targeting disparities affecting marginalized student groups. Eligible recipients, such as local educational agencies and nonprofit organizations, must use the funds to reform discipline policies, provide training for school staff, implement non-punitive discipline strategies, and enhance support systems without involving law enforcement measures, and they are required to publicly report on the funded activities' outcomes.
6. Joint task force to end school pushout of girls of color Read Opens in new tab
Summary AI
The bill calls for the creation of a joint task force led by the Secretaries of Education and Health and Human Services to study and address the issue of school discipline disparities that disproportionately affect girls of color. The task force will be composed of diverse members including students, educators, parents, and experts, and will issue recommendations to Congress on how to reduce these disparities and prevent the criminalization of vulnerable student groups.
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. ---