Ending PUSHOUT Act of 2025
- Bill Number
- H.R. 2738
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Education
- Status
- Introduced
- Latest Action
- 2025-04-08: Referred to the House Committee on Education and Workforce.
- Last Updated
- 2025-12-05T06:45:51Z
AI-Generated Summary
Purpose of the Legislation
The Ending Punitive, Unfair, School-based Harm that is Overt and Unresponsive to Trauma Act of 2025 (Ending PUSHOUT Act) aims to address and reduce the overuse and discriminatory application of exclusionary discipline in schools. Exclusionary discipline refers to practices that remove students from their regular learning environment as punishment, such as suspensions or expulsions. The law focuses on protecting students, especially students of color (particularly girls of color), those with disabilities, LGBTQ+ students, English learners, and others facing barriers like trauma or mental health needs. Its goals include better data collection on these practices, eliminating bias in discipline, minimizing lost classroom time, and preventing students from being pushed out of school or into the criminal justice system.
Key Provisions
- Definitions (Section 3): The bill defines over 30 terms to clarify its scope, including "exclusionary discipline" (removal from learning environments), "pushout" (students leaving school early due to discipline or barriers), "corporal punishment" (physical acts causing pain for discipline), "seclusion" (involuntary isolation in a room), "trauma-informed services" (approaches recognizing trauma's effects and promoting safety and healing), and protections for identities like gender identity and sexual orientation.
- Enhanced Data Collection (Section 4): The Assistant Secretary for Civil Rights in the Department of Education must annually collect detailed data on disciplinary actions in public preschools, elementary, secondary, charter, virtual, and special education schools. This includes:
- Suspensions (in-school or out-of-school), expulsions, school transfers, law enforcement referrals, arrests at school, and placements in facilities or juvenile systems.
- Data disaggregated (broken down) by factors like race, ethnicity, sex (including sexual orientation and gender identity where possible), disability, low-income status, English learner status, foster care, homelessness, Tribal affiliation, and pregnant/parenting status.
- Reasons for actions, such as zero-tolerance violations, dress code breaches, insubordination, or defiance.
- Annual reports to Congress identifying schools, districts, and states with patterns of overuse or discrimination, made publicly accessible in multiple languages and formats while protecting student privacy under laws like the Family Educational Rights and Privacy Act (FERPA).
- Healing School Climate Grants (Section 5): The Secretary of Education awards competitive grants to local educational agencies (LEAs, like school districts), state educational agencies (SEAs), or nonprofits with experience improving school environments. Key elements:
- Prohibitions: Grantees must ban out-of-school suspensions or expulsions for young children (preschool through grade 5) unless involving serious physical injury; ban them for all grades due to minor issues like defiance, tardiness, or grooming policies; and prohibit corporal punishment, seclusion, mechanical/chemical restraints, and dangerous physical restraints (e.g., those restricting breathing).
- Allowed Uses of Funds: Evaluate and revise discipline policies with input from students, families, and communities; provide training on bias, trauma support, restorative practices (relationship-building alternatives to punishment), and cultural responsiveness; implement evidence-based alternatives like positive behavioral interventions (systematic strategies to encourage good behavior); hire mental health staff (not law enforcement); and fund counseling, mentoring, extracurriculars, and school climate surveys.
- Prohibited Uses: No funding for hiring school police or resource officers, surveillance tools (e.g., metal detectors or social media monitoring), arming staff, or partnerships with immigration or law enforcement agencies.
- Up to 2% of funds for technical assistance; grantees must report outcomes publicly, including reduced discipline rates and student progress.
- Joint Task Force on School Pushout of Girls of Color (Section 6): The Secretaries of Education and Health and Human Services co-chair a 21-member task force (plus advisory members from Justice and Indian Education), including students (especially Black, Brown, and Indigenous girls), educators, parents, civil rights representatives, mental health experts, and researchers—but no law enforcement. The group:
- Studies causes of discipline disparities affecting girls of color and other vulnerable groups (e.g., Indigenous, LGBTQ+, homeless, foster care, disabled students).
- Identifies best practices, interventions, and accountability for schools/districts.
- Submits reports to Congress within 360 days and every two years, publicly available in accessible, multilingual formats.
- Funding (Section 7): Authorizes $500 million annually for grants and the task force, plus $500 million for civil rights data collection.
Significant Changes to Existing Law
This bill expands on laws like the Individuals with Disabilities Education Act (IDEA, which protects students with disabilities) and Section 504 of the Rehabilitation Act (anti-discrimination for people with disabilities) by mandating nationwide data collection on discipline disparities, which was previously less comprehensive under the Department of Education Organization Act. It introduces a new grant program prohibiting specific harsh practices (e.g., chemical restraints not medically prescribed, zero-tolerance for minor offenses) and creates the first federal joint task force focused on girls of color in education. It also builds on the Public Health Service Act's restraint definitions but applies them strictly to schools, requiring training and limiting use to imminent dangers only.
Potential Impacts
- Government Agencies: The Department of Education (including its Office for Civil Rights) and Health and Human Services will face increased responsibilities for data analysis, grant administration, and task force operations, potentially straining resources but improving oversight. The Department of Justice provides advisory input on civil rights.
- Citizens: Students from marginalized groups may experience fewer removals from class, more mental health support, and safer school environments, reducing "pushout" and criminalization risks. Families gain better data transparency and involvement in policy changes. Educators receive training to handle bias and trauma, potentially improving job satisfaction but requiring adaptation.
- International Relations: No direct impacts; the bill is domestic education policy.
Main Stakeholders Affected
- Students: Primarily girls of color, Black and Brown students, Indigenous students, LGBTQ+ youth, students with disabilities, English learners, those in foster care or experiencing homelessness, and pregnant/parenting teens—who face disproportionate discipline.
- Educators and School Staff: Teachers, principals, counselors, and mental health personnel in public schools (including charters and Bureau of Indian Education schools), who must adopt new practices and receive training.
- Families and Communities: Parents, guardians, and local groups, especially in underserved areas, involved in policy development and benefiting from restorative programs.
- Educational Entities: LEAs, SEAs, and nonprofits eligible for grants to reform discipline.
- Advocacy Groups: Civil rights, disability, and youth organizations participating in the task force and data reporting.
- Federal Agencies: Departments of Education, Health and Human Services, and Justice, handling implementation and funding.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens enforcement of civil rights laws by requiring disaggregated data to spot discrimination patterns, potentially leading to more investigations or lawsuits under Title VI of the Civil Rights Act (prohibiting race-based discrimination in federally funded programs). It sets federal standards for restraints and punishments, overriding some state or local policies, and protects privacy via FERPA while mandating accessibility under the Americans with Disabilities Act.
- Constitutional: Aligns with the Equal Protection Clause of the 14th Amendment by targeting discriminatory discipline, promoting equity without infringing on free speech or due process (e.g., by allowing limited restraints only in emergencies with safeguards).
- Political: Represents a push for equity-focused education reform, emphasizing trauma-informed and culturally responsive approaches over punitive measures. It could spark debates on school safety versus over-policing, with funding authorizations signaling strong federal commitment but requiring congressional approval for actual budgets.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Pressley, Ayanna [D-MA-7]
Cosponsors (11)
Rep. Watson Coleman, Bonnie [D-NJ-12], Rep. Omar, Ilhan [D-MN-5], Rep. Beatty, Joyce [D-OH-3], Rep. Casar, Greg [D-TX-35], Rep. DeSaulnier, Mark [D-CA-10], Rep. Lee, Summer L. [D-PA-12], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Ocasio-Cortez, Alexandria [D-NY-14], Rep. Ramirez, Delia C. [D-IL-3], Rep. Thanedar, Shri [D-MI-13], Rep. Tlaib, Rashida [D-MI-12]
Recent Actions
- 2025-04-08: Referred to the House Committee on Education and Workforce.
- 2025-04-08: Introduced in House
- 2025-04-08: Introduced in House
Bill Versions
- Ending Punitive, Unfair, School-based Harm that is Overt and Unresponsive to Trauma Act of 2025 — issued 2025-04-08 — PDF (33 pages)