,,ii #aadth ,,congress #ast ,session ,s4 #haa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ai1 #bjae ,mr4 ,murphy 7for himself1 ,mr4 ,booker1 and ,mrs4 ,murray7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,elementary and ,secondary ,education ,act of #aife to require ,states to develop policies on positive school climates and school discipline4 #a4 ,short title ,this ,act may be cited as the ,supportive ,school ,climate ,act of #bjae 4 #b4 ,positive school climate and school discipline policies 7a7 ,state plans ,section #aaaa of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 7#c7 ,positive school climate and school discipline policies ,in addition to the plan described in paragraph 7#a71 a ,state desiring to receive a grant under this part to support positive behavioral interventions and support1 shall submit to the ,secretary a plan that describes how the ,state educational agency will-- 7,a7 coordinate with the local educational agencies and schools served by the ,state educational agency to implement positive1 preventative approaches to exclusionary discipline actions that promote a positive school climate for all students and improve engagement for disconnected youth1 juvenile offenders1 and other students1 while minimizing students' removal from instruction and1 if students are removed1 upon students' return to the instructional program1 maximizing students' opportunities to make up education lost during the period of removal from instruction2 7,b7 provide technical assistance and training to local educational agencies to improve and support the development1 implementation1 and coordination of comprehensive positive behavioral interventions and supports carried out under this ,act with activities carried out under the ,individuals with ,disabilities ,education ,act2 7,c7 evaluate the effects of providing positive behavioral interventions and supports for all students1 including improvement of the learning environment1 academic achievement1 disciplinary problems1 such as incidents of suspensions1 expulsions1 referrals to law enforcement1 and other actions that remove students from instruction1 and any other effects the ,state chooses to evaluate2 7,d7 ensure all students are on track to be college and career ready by promoting student engagement1 and preventing dropout2 7,e7 ensure involvement of students in the criminal or juvenile justice system is avoided when addressing minor misbehavior such as non-threatening1 non-violent1 and non-criminal misbehavior2 7,f7 through preventative and alternative approaches1 reduce out-of-school suspensions1 in-school suspensions1 expulsions1 referrals to law enforcement1 school-based arrests1 and exclusionary discipline practices that remove students from instruction and1 upon students' return to the educational program1 maximize students' opportunities to make up education lost during the period of removal from instruction2 7,g7 in coordination with the ,state department of corrections or a similar agency1 ensure re-entering juvenile offenders receive referrals to a local educational agency and provide that1 for any juvenile who commits an offense subject to school expulsion and is subsequently committed to a detention center1 secure facility1 or any other residential placement within the juvenile or adult criminal justice system for such offense1 the period of expulsion shall run concurrently with the period of commitment to the detention center1 secure facility1 or other residential placement2 7,h7 ensure that school discipline policies are in compliance with applicable civil rights laws1 are procedurally fair1 and practices are applied equally to all students regardless of their economic status1 ,english learner status1 race1 ethnicity1 national origin1 religion1 or sex1 including gender identity1 and ensure that school discipline policies meet the requirements of section #ejd of the ,rehabilitation ,act of #aigc1 title ,,ii of the ,americans with ,disabilities ,act of #aiij1 the ,individuals with ,disabilities ,education ,act1 and implementing regulations of such section1 title1 and ,act1 and that the disciplinary policies and practices are applied in a manner that complies with the equal opportunity requirements of section #ejd of the ,rehabilitation ,act of #aigc1 title ,,ii of the ,americans with ,disabilities ,act of #aiij1 the ,individuals with ,disabilities ,education ,act1 and implementing regulations of such section1 title1 and ,act2 and 7,i7 in coordination with local educational agencies and schools1 provide annual and public reporting on1 in the aggregate1 in-school suspensions1 out-of-school suspensions1 expulsions1 referrals to law enforcement1 school-based arrests1 and disciplinary transfers 7including placements in alternative schools7 in the ,state 7disaggregated by each category of students described in subsection 7b77#b77;,c77v71 except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student74 2 and 7#b7 in subsection 7h77#f77;,b7-- 7,a7 in clause 7i71 by striking and after the semicolon2 7,b7 in clause 7ii71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7iii7 the number of incidences of school violence1 bullying1 drug abuse1 alcohol abuse1 in-school student suspensions1 out-of-school student suspensions1 expulsions1 referrals to law enforcement1 school-based arrests1 disciplinary transfers 7including placements in alternative schools71 and student detentions1 disaggregated by each category of students described in subsection 7b77#b77;,c77v7 for each such type of incident4 4 7b7 ,local educational agency plans ,section #aaab7;b77#a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcab7;b77#a77 is amended-- 7#a7 in subparagraph 7,p71 by striking and after the semicolon2 7#b7 in subparagraph 7,q71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,r7 where appropriate1 a description of how the local educational agency will support positive behavior interventions and supports by-- 7i7 establishing parental notification requirements for out-of-school suspensions1 in-school suspensions1 expulsions1 school-based arrests1 referrals to law enforcement1 and exclusionary discipline practices that remove students from instruction1 in accordance with section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g7 7commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd72 7ii7 establishing systems to engage families and community members with the school in meaningful and sustained ways1 such as through case management services and mentoring to promote positive student academic achievement1 developmental1 and social emotional growth1 including non-cognitive skill development2 and 7iii7 establishing best practices for a school conduct and discipline code1 that-- 7,i7 protects students and staff from harm2 7,,ii7 provides constructive opportunities for students to learn from their mistakes rather than exclude them from the learning community2 7,,iii7 fosters a positive learning community by providing a continuum of interventions1 supports1 and strategies within a tiered prevention framework2 7,,iv7 keeps students in school2 and 7,v7 shows mindful consideration of negative impacts that may have occurred as a result of involvement with the criminal justice system4 4 7c7 ,prevention and intervention programs for children and youth who are neglected1 delinquent1 or at risk of dropping out ,part ,d of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fdba et seq47 is amended-- 7#a7 in section #adad-- 7,a7 in subsection 7a77#b7-- 7i7 in subparagraph 7,b71 by striking and after the semicolon2 7ii7 in subparagraph 7,c77iv71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,d7 provide assurances that the ,state educational agency has established-- 7i7 procedures to ensure that each student who has been placed in the juvenile justice system is promptly re-enrolled in secondary school or placed in a re-entry program that best meets the education and social needs of the student2 7ii7 procedures for facilitating the transfer of credits that such student earned during placement2 and 7iii7 opportunities for such student to participate in postsecondary and career pathways4 2 and 7,b7 in subsection 7c77#i7-- 7i7 by striking encourage and inserting require1 to the extent practicable12 7ii7 by inserting and following after youth prior to2 and 7iii7 by inserting and that transition plans are in place before the semicolon at the end2 7#b7 in section #adaf7d71 by inserting and the development and implementation of transition plans before the semicolon at the end2 7#c7 in section #adbc-- 7,a7 by striking paragraph 7#d7 and inserting the following3 7#d7 a description of the activities that the local educational agency will carry out to facilitate the successful transition of children and youth in locally operated institutions for neglected and delinquent children and other correctional institutions into schools served by the local education agency or1 as appropriate1 into career and technical education and postsecondary education programs1 including support services to help ensure the success of those children and youth after leaving an institution1 such as-- 7,a7 personal1 career1 and academic counseling2 7,b7 placement services designed to place those youth in a university1 college1 or community college program1 including academic evaluations2 7,c7 information concerning1 and assistance in obtaining1 available student financial aid2 and 7,d7 job placement services2 2 and 7,b7 by striking paragraph 7#aj7 and inserting the following3 7#aj7 as appropriate1 a description of how the local educational agency will address the needs of children and youth who return from institutions for neglected and delinquent children and youth or from other correctional institutions and attend regular or alternative schools2 2 7#d7 in section #adbe-- 7,a7 in paragraph 7#aj71 by striking and after the semicolon2 7,b7 in paragraph 7#aa71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7#ab7 develop an initial educational services transition plan for each child or youth served under this subpart upon entry into the correctional facility1 in partnership with the child's or youth's family members and the local educational agency that most recently provided services to the child or youth 7if applicable71 consistent with section #adad7;a77#a72 and 7#ac7 consult with the local educational agency for a period jointly determined necessary by the correctional facility and local educational agency upon discharge from that facility1 to coordinate educational services so as to minimize disruption to the child's or youth's achievement4 2 and 7#e7 by striking section #adbf and inserting the following3 #adbf4 ,accountability ,the ,state educational agency-- 7#a7 shall require correctional facilities or institutions for neglected or delinquent children and youth to annually report on the number of children and youth released from the correctional facility or institution who returned or did not return to school1 the number of children and youth obtaining a high school diploma or its recognized equivalent1 and the number of children and youth obtaining employment2 and 7#b7 may require correctional facilities or institutions for neglected and delinquent children and youth to demonstrate1 after receiving assistance under this subpart for #c years1 that there has been an increase in the number of children and youth returning to school1 obtaining a high school diploma or its recognized equivalent1 or obtaining employment after such children and youth are released4 4 7d7 ,national program for technical assistance ,section #daba of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gaca7 is amended by adding at the end the following3 7c7 ,national program for technical assistance ,from funds made available to carry out this subpart1 not more than #e percent shall be made available to the ,secretary to provide technical assistance to ,state chief executive officers1 ,state agencies1 local educational agencies and other recipients of funding under this part to support these entities in achieving the goals and outcomes described in this part4 ,such activities for technical assistance may include developing comprehensive1 evidence-based professional development and training programs for relevant school staff and contractors to improve school safety and climate for students and staff that may include-- 7#a7 implementation of a school-wide1 multi-tiered system of behavioral support1 with a continuum of interventions and supports to address the needs of all students2 7#b7 effective classroom management strategies that recognize appropriate behavior and provide developmentally appropriate conflict resolution practices1 incident de-escalation techniques and data-based decisionmaking2 7#c7 crisis management techniques2 7#d7 effective strategies for asserting authority with adolescents that recognize age-appropriate behavior and provide developmentally appropriate responses2 7#e7 training in prevention of racial bias and culturally responsive pedagogy1 and training on how a student's disability can affect the student's behavior1 in accordance with title ,,ii1 the ,individuals with ,disabilities ,education ,act1 and section #ejd of the ,rehabilitation ,act of #aigc2 7#f7 trauma-informed approaches and interventions1 with particular attention to recognizing the signs of trauma2 7#g7 for schools in need of improvement with high or significantly disparate disciplinary rates based on race1 ethnicity1 sex 7including gender identity71 disability1 providing technical assistance and support to identify the root causes of such rates or disparities through diagnostic analysis of data or assessing school-wide discipline issues1 and implementing evidence-based practices to reduce such rates or disparities2 7#h7 developing1 implementing1 and evaluating comprehensive programs and activities1 in coordination with other schools and community-based services and programs1 rooted in holistic and positive approaches1 that encompasses a strategy or framework based on positive discipline strategies that limit the use and scope of exclusionary discipline strategies2 and 7#i7 developing guidelines regarding the use of law enforcement in a school setting1 and1 in particular1 distinguishing between incidents to be handled by educators and those to be handled by law enforcement officers4 4