,i #aacth ,,congress #ast ,session ,h4 ,r4 #caec ,,in ,,the ,,house ,,of ,,representatives ,september #ai1 #bjac,mr4 ,richmond introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd to establish the ,office of ,school ,discipline ,policy1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,student ,disciplinary ,fairness ,act of #bjac4 #b4 ,findings ,congress finds the following3 7#a7 ,too many juveniles are introduced to the formal criminal justice system for minor behavioral infractions at school4 7#b7 ,common behavioral infractions at school often result in suspension1 expulsion1 or incarceration of the juvenile students involved4 7#c7 ,zero-tolerance school discipline policies increase the number of incarcerated juveniles4 7#d7 ,research shows that juveniles who are incarcerated are significantly less likely to complete secondary school1 experience less human capital development and diminished earnings potential1 and are more likely to recidivate and be incarcerated as adults4 #c4 ,school ,discipline ,policy ,the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#db ,u4,s4,c4 #efja et seq47 is amended by inserting after title ,v the following new title3 ,,vi ,school ,discipline ,policy #fja4 ,establishment of office 7a7 ,in general ,there is hereby established within the ,office of ,juvenile ,justice and ,delinquency ,prevention an ,office of ,school and ,discipline ,policy 7referred to in this title as the ,office71 headed by a ,director appointed by the ,administrator of the ,office of ,juvenile ,justice and ,delinquency ,prevention4 7b7 ,purpose ,the purpose of the ,office shall be to reduce the number of juveniles who are incarcerated and develop a criminal record based on activity that occurs while the juvenile is at school4 #fjb4 ,duties ,the ,office shall-- 7#a7 collect and publish data1 in collaboration with the ,office for ,civil ,rights of the ,department of ,education1 relating to the arrest and incarceration of juvenile students for violations of school rules or policies2 7#b7 work with ,states1 units of local government1 local educational agencies1 and non-governmental organizations in order to expand the use of alternatives to detention and incarceration programming in schools in order to reduce the number of juvenile students who are arrested and incarcerated for violating school rules or policies2 and 7#c7 collect and publish data1 in collaboration with the ,office of ,justice ,programs1 relating to the relationship between the presence of a school resource officer at a school and the rate of juvenile students who are arrested and incarcerated for violations of school rules or policies4 #fjc4 ,school ,discipline ,policy ,grant ,program 7a7 ,grants authorized ,the ,director may make grants to ,states1 units of local government1 and local educational agencies in order to further the purpose described in section #fja7;b74 7b7 ,application ,a ,state1 unit of local government1 or local educational agency seeking a grant under this section shall submit an application to the ,director at such time1 in such manner1 and containing such information as the ,director may reasonably require4 7c7 ,preference ,the ,director shall give preference in awarding grants to an applicant that demonstrates that it has1 at the time of submitting an application1 begun to take steps to further the purpose described in section #fja7;b74 7d7 ,uses of funds ,a ,state1 unit of local government or local educational agency that receives a grant under this section shall use such funds for programs that reduce the rate of juvenile students who are arrested and incarcerated for violations of school rules or policies1 and any other activity that the ,director determines will further the purpose described in section #fja7;b74 #fjd4 ,definitions ,in this title3 7#a7 ,the term school means an elementary school or a secondary school as such terms are defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#b7 ,the term school resource officer has the meaning given such term in section #agji of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;dd-#h74 7#c7 ,the term local educational agency has the meaning given such term in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#d7 ,the term juvenile student means a juvenile who is enrolled in school4 #fje4 ,authorization of ,appropriations ,there is authorized to be appropriated such sums as may be necessary for fiscal years #bjad and #bjae to carry out this title4 4 #d4 ,conditions for ,states to receive ,,cops on the beat grants ,section #agjb7;c7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh is amended-- 7#a7 in paragraph 7#aj71 by striking and at the end2 7#b7 in paragraph 7#aa71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after paragraph 7#aa71 the following new paragraph3 7#ab7 in the case of an applicant that is a ,state or unit of local government1 provide assurances that-- 7,a7 the administration of juvenile justice in the applicant's jurisdiction is consistent with any requirements of the ,united ,states ,constitution and the #dth1 #eth1 and #adth amendments to the ,constitution1 including assurances that-- 7i7 before a juvenile is arrested1 the arresting law enforcement officer must have probable cause specific to that juvenile2 and 7ii7 juveniles who are arrested must receive adequate procedural due process1 including-- 7,i7 adequate and timely notice to the juvenile and the juvenile's guardian regarding any court proceedings related to the incident for which the juvenile was arrested2 7,,ii7 representation by an attorney in any court proceeding as a result of which the juvenile could face incarceration2 7,,iii7 protections against self-incrimination2 and 7,,iv7 an opportunity to cross-examine any witness testifying against the juvenile2 and 7,b7 any contract governing the terms of probation for a juvenile shall not contain any clauses that-- 7i7 the juvenile cannot understand2 and 7ii7 in the case of a juvenile student 7as such term is defined in section #fjd of the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd71 could result in incarceration for violations of school rules or policies4 4 #e4 ,authority for the ,attorney ,general to access certain records relating to juvenile justice ,section #bajdja of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#db ,u4,s4,c4 #adada7 is amended by adding at the end the following3 7c7 ,access to certain records relating to juvenile justice ,the ,attorney ,general may issue subpoenas requiring the production of any documents relating to any matter which the ,attorney ,general is authorized to investigate under subsection 7a74 4 #f4 ,department of ,education grant program 7a7 ,program authorized ,from the amounts appropriated to carry out this section1 the ,secretary of ,education 7acting through the ,office of ,civil ,rights of the ,department of ,education7 shall make grants to eligible entities to fund training for school personnel in elementary schools and secondary schools on de-escalation techniques to teach the personnel procedures and tactics to mitigate delinquent student behavior which may avoid a referral to law enforcement officials4 7b7 ,application ,to receive a grant under this section1 an eligible entity shall submit an application to the ,secretary of ,education at such time1 in such manner1 and containing such information as the ,secretary may require1 including information that demonstrates that the eligible entity-- 7#a7 is fully compliant with all applicable ,federal school discipline data reporting requirements1 including1 if applicable1 the reporting requirements of section #fah of the ,individuals with ,disabilities ,education ,act of #aife 7#bj ,u4,s4,c4 #adah7;a772 and 7#b7 has provided complete information to all applicable data surveys of ,department of ,education1 including the ,office for ,civil ,rights4 7c7 ,limitation ,an elementary school or secondary school may only receive assistance under this section during a grant period from #a eligible entity receiving a grant under this section during the grant period4 7d7 ,definitions ,for purposes of this section3 7#a7 ,eligible entity ,the term eligible entity means a ,state1 unit of general local government1 or juvenile justice agency4 7#b7 ,general ,,esea terms ,the terms elementary schools1 secondary schools1 and ,state have the meanings given the terms in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#c7 ,school personnel ,the term school personnel has the meaning given the term in section #daea of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gafa74 7e7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary for fiscal years #bjad and #bjae to carry out this section4