S. 2531 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2531 IN THE SENATE OF THE UNITED STATES June 25, 2014 Mr. Murphy (for himself and Mr. Booker) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To reward and incentivize evidence-based State policies that improve educational continuity and limit juvenile court involvement and incarceration for youth through a priority in awarding certain competitive grants offered by the Substance Abuse and Mental Health Services Administration. 1. Short title This Act may be cited as the Better Options for Kids Act of 2014. 2. Juvenile justice Section 520A of the Public Health Service Act (42 U.S.C. 290bb–32) is amended by adding at the end the following: (g) Preference for juvenile justice programs (1) In general In awarding competitive grants under this section to programs for youth involved in the criminal justice system or youth at risk of becoming involved in the criminal justice system, the Secretary, acting through the Administrator and in consultation with the Director of the Office of Safe and Healthy Students of the Department of Education and the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice, shall give preference to applications from— (A) States that— (i) demonstrate greater educational continuity, lower rates of juvenile court involvement, and reduced recidivism, by implementing, or planning to use the grant funds to implement, the required evidence-based policies described in paragraph (2); (ii) demonstrate existing partnerships or proposed partnerships— (I) through which the State will establish a coordinated process for service delivery and develop the ability to share information; (II) that involve interagency agreements or strategic plans; and (III) established through a memorandum of understanding or strategic plan signed by State, tribal, and local agency partners, as applicable, articulating the commitment of the partners to a system of shared accountability and contributions to achieving and measuring specific desired results; (iii) have certified, through the chief executive officer of the State, a commitment to the partnerships described in clause (ii) and the responsibility of the State for the specific desired results of such partnerships; and (B) entities within such States. (2) Required evidence-based policies To receive the preference under paragraph (1), a State or entity shall demonstrate through the grant application that the State, or, in the case of an application from an entity described in paragraph (1)(B), the State in which such entity is located and provides services, has implemented, or will use the grant funds to implement the following evidence-based policies: (A) The State provides training or funds training for local educational agencies in the use of discipline strategies and positive school climate strategies that minimize the use of suspensions, expulsions, and other actions that remove students from instruction and that show evidence of effectiveness for improving the learning environment in the school, including schoolwide positive behavioral interventions and supports. (B) The State requires or provides incentives to local educational agencies (as defined under section 9101 of the Elementary and Secondary Education Act) to execute a written memorandum of understanding or other type of collaborative agreement with any law enforcement agency that assigns school resource officers or other officers assigned to schools prohibiting the involvement of such officers in regular student disciplinary matters and sets forth a description of the roles and responsibilities of the officers on school grounds. (C) The State prohibits or limits court referrals for juvenile school-based status offenses, including cases involving a valid court order. (D) The State has shifted, or has a plan to shift, significant funding formerly dedicated to secure detention of minors into community-based alternatives to incarceration. (E) The State has adopted, or will adopt, a reentry policy to ensure that youth in correctional facilities can continue their education immediately and without delay upon release from such facilities by providing for prompt reenrollment into the most appropriate grade or educational setting based on their individual needs and designed to maximize their educational success. (3) Report Not later than 90 days after the date of enactment of the Better Options for Kids Act of 2014, the Secretary shall submit to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a report that specifies the programs to which the preference under this subsection applies. (4) Sunset The application preference under this subsection shall cease to have force and effect 5 years after the date of enactment of this section. .