H.R. 3265 — Protecting our Students in Schools Act of 2025

This section prohibits corporal punishment of students by program personnel, law enforcement officers, or school security guards in any program receiving federal financial assistance. It further authorizes an aggrieved student, or the student's parent, to file a civil action against the program in federal or state court for attorneys' fees, expert fees, injunctive relief, and compensatory damages.

This section authorizes the Attorney General to institute civil actions in any U.S. district court, for appropriate relief, against programs allegedly depriving minor children of the right under this Act not to be subject to corporal punishment by program personnel, law enforcement officers, or school security guards. The Attorney General may act upon a written, signed complaint from a parent or group of parents (including legal guardians) deemed meritorious, after notifying the program and certifying it had reasonable time to adjust; the court must exercise jurisdiction, and the Attorney General may implead additional necessary parties.

This section requires the Secretary of Education to refer complaints alleging violations of section 101(a) to the Department's Office for Civil Rights for investigation and, not later than 90 days after enactment, to develop and implement a procedure for receiving such complaints. If a program fails to comply with section 101(a), the section directs the Secretary to take at least one of the following actions: (1) withhold federal payments (including administrative costs) under the applicable program, in whole or in part, pursuant to section 455 of the General Education Provisions Act (20 U.S.C. 1234d); (2) enter into a compliance agreement pursuant to section 457 of such Act (20 U.S.C. 1234f); or (3) issue a complaint to compel compliance through a cease-and-desist order, as authorized under section 456 of such Act (20 U.S.C. 1234c). The section further requires the Secretary to cease withholding payments under (c)(1), reimburse all withheld funds, and make those funds available for the program's expenditure for up to one year if the program cures the violation within one year of the initial withholding. Nothing in this section limits the Secretary's authority under the General Education Provisions Act (20 U.S.C. 1221 et seq.).

This section requires programs to notify, in writing and within 24 hours, the parents of a student subjected to corporal punishment by program personnel, a law enforcement officer, or a school security guard; the state educational agency; and the local law enforcement agency of the facts of such use of force. For students with a disability (as defined in 42 U.S.C. 12102), programs must additionally notify the relevant protection and advocacy system within 24 hours and provide any information it requires. This section grants such protection and advocacy systems the same authorities under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.)—including to investigate, monitor, and enforce protections under this Act—for eligible students who are otherwise clients of the system.

This section requires each State educational agency (SEA) receiving federal funds to submit to the Secretary, per a specified schedule, (1) written assurances of notifying programs and personnel—and, if applicable, parents and via website—of the Act's requirements, plus personnel training; and (2) a school climate report describing discipline policies, implementation of positive behavioral interventions and supports under ESEA section 1111(g)(1)(C) (20 U.S.C. 6311(g)(1)(C)), and related training efforts (with assurances tailored based on whether the state previously prohibited corporal punishment). It further requires each local educational agency to submit necessary information to its SEA and sets the submission schedule as initial reports within one year of enactment, annual reports for the next three years, and biennial reports thereafter. This section also directs the Secretary to submit annual summaries of SEA school climate reports to the House Committee on Education and Labor and Senate Committee on Health, Education, Labor, and Pensions and to make the reports public. For enforcement, if an SEA fails to comply, the section authorizes the Secretary to (1) withhold payments under applicable programs in accordance with section 455 of the General Education Provisions Act (20 U.S.C. 1234d), (2) enter a compliance agreement under section 457 (20 U.S.C. 1234f), or (3) issue a cease and desist order under section 456 (20 U.S.C. 1234e); requires cessation of withholding and reimbursement of withheld funds if compliance is achieved within one year; makes such funds available for program expenditure for up to one additional year; and preserves the Secretary's other authorities under GEPA (20 U.S.C. 1221 et seq.).

This section authorizes the Secretary of Education to award grants to state educational agencies (SEAs), from amounts appropriated under section 306, to improve school climate and culture in public elementary and secondary schools by implementing positive behavioral interventions and supports (PBIS) and other evidence-based models (e.g., restorative justice, trauma-informed care, multi-tiered systems of supports) to address student behavior and reduce exclusionary and aversive discipline practices (e.g., suspensions, expulsions). Grants are for three-year periods, with eligibility for reapplication upon demonstration of effective prior use and reductions in such practices, school-related arrests, or law enforcement referrals—disaggregated by race, gender, disability, and English learner status. SEAs must apply describing implementation plans and receive priority if they have high discipline rates, lack PBIS or similar models, or are most in need as determined by the Secretary. SEAs may use funds to competitively award subgrants to local educational agencies (LEAs) based on similar applications, prioritizing schools with disproportionate discipline rates. Required activities include (1) high-quality training for school personnel to promote PBIS and reduce discriminatory discipline impacts; (2) technical assistance for model implementation; and (3) research, development, evaluation, and adoption of related policies and procedures.

This section requires the Secretary, not later than 180 days after the date of enactment, to issue regulations necessary to ensure compliance with this Act. The section further directs the Secretary to use the negotiated rulemaking process under current law (20 U.S.C. 6571, 6572), except by substituting "establish a negotiated rulemaking process" for the text of 6571(b)(3)(A) (i.e., eliminating the required negotiation on standards, assessments under ESEA section 1111(b)(2), and the supplement-not-supplant requirement under ESEA section 1120A).

This section directs the Secretary of Defense to ensure that schools operated or funded by the Department of Defense Education Activity (DoDEA), or otherwise operated or funded by the Department for the education of military-connected dependents, comply with regulations promulgated by the Secretary pursuant to this Act. The section also directs the Secretary of the Interior to ensure that schools operated or funded by the Department of the Interior comply with such regulations.

This section provides limitations on the scope of the Act, clarifying that— (1) it does not restrict or limit rights or remedies otherwise available to students or parents under Federal, State, or local law or regulation, or authorize the Secretary to do so; (2) it does not restrict or limit Federal, State, or local laws, regulations, or policies that impose more stringent prohibitions or limitations on corporal punishment than those in the Act; (3) it does not prevent sworn law enforcement officers from carrying out lawful duties under otherwise applicable law; and (4) it does not affect the enforcement of Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, or the Department of Education Organization Act, and their implementing regulations.

This section exempts private schools from this Act's requirements if they do not receive federal funds or serve students who receive such funds. It further exempts home schools from the Act's requirements—regardless of state law treatment—and specifies that parents providing home schooling are not considered program personnel.

This section establishes a severability clause, providing that if any provision of the Act, or its application to any person or circumstance, is held unconstitutional, the remaining provisions of the Act and their applications remain unaffected.