,,ii #aafth ,,congress #b;d ,session ,s4 #dcfj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bi1 #bjbj,mr4 ,murphy 7for himself and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to divert ,federal funding away from supporting the presence of police in schools and toward evidence-based and trauma informed services that address the needs of marginalized students and improve academic outcomes1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,counseling ,not ,criminalization in ,schools ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,over the last #ej years1 our ,nation's schools have become sites for increased criminalization and surveillance of young people1 particularly ,black1 ,native ,american1 and ,latinx students1 immigrant students1 students with disabilities1 ,,lgbtq students1 students experiencing homelessness1 students involved in the foster care system1 and other historically marginalized students4 7#b7 ,despite significant decreases in the rate of serious crimes and violence on school campuses over the past #bj years1 improving upon already low rates1 #fg percent of high school students1 #de percent of middle school students1 and #ai percent of elementary school students attend a school with a police officer4 7#c7 ,since #aiii1 the ,federal ,government has invested more than #a1jjj1jjj1jjj to subsidize the placement of police in schools1 resulting in roughly #df1jjj school resource officers patrolling the halls of elementary and secondary public schools across the ,nation4 7#d7 ,a growing body of research has not found any evidence that school resource officers make schools safer1 and school resource officers have been shown to increase the likelihood that children will be arrested1 often by the school resource officer while on campus4 7#e7 ,research has shown that schools with a designated school law enforcement officer on duty arrested students at #e times the rate of comparable schools without such an officer4 7#f7 ,when police are present in schools1 students of color face an increased risk of being assaulted by police4 ,student-recorded videos of police violence in schools regularly circulate through news channels1 articles1 and social media1 exposing violence perpetrated by police within schoolhouse gates4 7#g7 ,black1 ,native ,american1 and ,latinx students are more likely than their ,white peers to attend schools with police officers on campus and are more likely to be referred to law enforcement or arrested while in school4 7#h7 ,black students represent #ca percent of all school-related arrests1 despite making up only #ae percent of all public school students1 and are #c times more likely to be suspended or expelled than ,white students4 ,native ,american and ,pacific ,islander and ,native ,hawaiian students are more than twice as likely to be arrested as ,white students4 7#i7 ,students with disabilities are more likely than their peers without disabilities to be referred to law enforcement or arrested4 ,students of color with disabilities are more likely to be referred to law enforcement than either their ,white peers with disabilities1 or their peers of color without disabilities4 ,these students are also disproportionately restrained and secluded in schools4 ,of the #hg1jjj students who were restrained during the #bjae-bjaf school year1 #ga percent received special education services and #bg percent of students restrained were ,black4 7#aj7 ,according to the ,department of ,education1 while ,black girls comprise only #af percent of girls in elementary and secondary schools1 they make up #db percent of girls receiving the most severe forms of school discipline and severe punishment1 such as corporal punishment1 and represent #cd percent of girls arrested on campus4 7#aa7 ,research shows that these racial disparities in discipline rates are not a result of differences in student behavior but instead reflect the ways in which students of color face more punitive discipline than their ,white peers for similar behavior4 7#ab7 ,students who are ,,lgbtq often have intersecting marginalized identities and experience exclusionary discipline at disproportionate rates that make it more likely they will interact with the juvenile justice system than their non-,,lgbtq peers4 7#ac7 ,students who are suspended or expelled are nearly threefold more likely to be in contact with the juvenile justice system the following year4 7#ad7 ,according to the ,federal ,bureau of ,investigation1 more than #cj1jjj children under the age of #aj were arrested since #bjac4 ,on school campuses1 more than #bij1jjj students were referred to law enforcement4 ,the ,united ,states spends #bdj daily1 on average1 per youth detained in juvenile facilities4 7#ae7 ,while schools should be sanctuaries for all students1 reports have shown instances where school resource officers collect tips and disciplinary information from teachers and school administrators and share it with ,u4,s4 ,immigration and ,customs ,enforcement agents to build deportation cases against students and their families4 7#af7 ,school hardening1 including the presence of school resource officers on campus1 causes students to experience higher levels of fear1 perpetuate the school to prison pipeline1 and undermine the ability of schools and educators to build learning environments undergirded by mutual trust1 respect1 and safety4 7#ag7 ,ninety percent of students are in public schools where the number of counselors1 social workers1 nurses1 and psychologists do not meet recommended professional standards4 ,professional standards recommend at least #a counselor and #a social worker for every #bej students and at least #a nurse and #a psychologist for every #gej students and every #gjj students1 respectively4 7#ah7 #a1gjj1jjj students attend schools with police but not #a counselor4 7#ai7 #c1jjj1jjj students attend schools with police but not #a school nurse4 7#bj7 #f1jjj1jjj students attend schools with police but no school psychologists4 7#ba7 #aj1jjj1jjj students attend schools with police but no social workers4 #c4 ,purpose ,it is the purpose of this ,act to-- 7#a7 address the needs of marginalized students1 ensure schools are welcoming for students1 and improve academic outcomes by eliminating ,federal funding for school-based law enforcement and establishing a continuum of care and positive schoolwide systems of services that are evidence-based1 inclusive1 racially and gender responsive1 and trauma informed2 and 7#b7 support local educational agencies that choose to terminate their contracts with local law enforcement agencies or1 where applicable1 dissolve or disband district-based police departments1 and invest resources in personnel and services that create truly safe and inclusive schools for all students based on community engagement and deliberative consultation4 #d4 ,definitions ,in this ,act3 7#a7 ,,esea terms ,the terms elementary school1 evidence-based1 local educational agency1 parent1 professional development1 school leader1 secondary school1 ,secretary1 and specialized instructional support personnel have the meaning given those terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#b7 ,positive behavior intervention and support ,the term positive behavior intervention and support means using a systematic and evidence-based approach to achieve improved academic and social outcomes for students4 7#c7 ,sworn law enforcement officer ,the term sworn law enforcement officer means any person who-- 7,a7 has the power to detain1 arrest1 issue a citation1 perform a custodial investigation1 or refer a person to criminal or juvenile court2 or 7,b7 is considered under ,state law to meet the definition of law enforcement4 7#d7 ,trauma-informed services ,the term trauma-informed services means a service delivery approach that-- 7,a7 recognizes and responds to the impacts of trauma with evidence-based supports and intervention2 7,b7 emphasizes physical1 psychological1 and emotional safety for both providers of services and survivors of trauma2 and 7,c7 creates opportunities for survivors of trauma to rebuild a sense of healing and empowerment4 #e4 ,prohibition of ,federal funds for police in schools 7a7 ,federal funds prohibition ,notwithstanding the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq471 including subpart #a of part ,e of title ,i of that ,act 7#cd ,u4,s4,c4 #ajaea et seq47 7relating to the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program7 and part ,q of title ,i of that ,act 7#cd ,u4,s4,c4 #acjha et seq47 7relating to the ,cops on the ,beat grant program71 or any other provision of law1 no ,federal funds may be appropriated or used for hiring1 maintaining1 or training sworn law enforcement officers to be used or employed in elementary or secondary schools1 preschools1 or programs based in elementary or secondary schools in any capacity4 7b7 ,,cops grant program ,section #agja of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajcha7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking paragraph 7#ab72 7,b7 by redesignating paragraphs 7#ac7 through 7#bc7 as paragraphs 7#ab7 through 7#bb71 respectively2 and 7,c7 in paragraph 7#ba71 as so redesignated1 by striking through 7#ba7 and inserting through 7#bj72 and 7#b7 by adding at the end the following3 7n7 ,prohibition on use of funds for sworn law enforcement officers ,a recipient of a grant under this part may not use the grant funds for sworn law enforcement officers who operate in and around elementary and secondary schools4 4 #f4 ,supporting local educational agencies in transitioning away from police in schools 7a7 ,grant program established ,the ,secretary of ,education shall award grants1 on a competitive and rolling basis1 to local educational agencies to enable those local educational agencies-- 7#a7 to replace sworn law enforcement officers in elementary and secondary schools with personnel and services that support mental health and trauma-informed services2 and 7#b7 to reform school safety and disciplinary policies so they reflect evidence-based practices that do not rely on the criminal justice system and provide the necessary staff training and support to implement such policies4 7b7 ,application ,a local educational agency desiring a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require1 including an assurance that-- 7#a7 the local educational agency will terminate any existing contract with local law enforcement or1 where applicable1 dissolve school district-based police departments1 at least #cj days prior to the entity receiving funds under this section2 and 7#b7 the local educational agency will not establish any new contract with law enforcement or create its own school police department for the duration of the grant4 7c7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to-- 7#a7 local educational agencies that terminated their contract with all law enforcement or disbanded their school district police department prior to submitting an application and provide assurances that the local educational agency will not create or restart a contract with ,state or local law enforcement1 create or reinstate a school district police department1 or create or restart a program of other armed school personnel during the duration of this grant2 7#b7 local educational agencies with a larger share of students who are economically disadvantaged1 in the event that funds are insufficient to award grants to all eligible applicants2 and 7#c7 local educational agencies that identify the uses of funds in subsection 7d7 based on meaningful community engagement and deliberative consultation4 7d7 ,uses of funds ,a local educational agency receiving funds under this section shall use such grant funds to carry out #a or more of the following3 7#a7 ,hiring or training school counselors1 school psychologists1 nurses1 or social workers1 community health workers and trauma-informed personnel1 dedicated staff specifically trained in deescalation and violence interruption practices1 staff trained in anti-bias practices1 doctoral level specialists in behavior planning and intervention1 or other specialists or individuals with expertise in school climate and behavior4 7#b7 ,implementing schoolwide positive behavior interventions and supports1 restorative justice programs and interventions1 mediators1 social and emotional learning programs1 or other evidence-based trauma-informed services4 7#c7 ,providing professional development to teachers1 teacher assistants1 school leaders1 counselors1 specialized instructional support personnel1 and mental health professionals that-- 7,a7 fosters safe1 inclusive1 and stable learning environments that support the social1 emotional1 mental1 and academic well-being of students and prevent and mitigate the effects of trauma1 including through social and emotional learning2 7,b7 improves school capacity to identify1 refer1 and provide services to students in need of trauma support services2 7,c7 reflects the best practices for trauma-informed identification1 referral1 and support developed by the ,interagency ,task ,force on ,trauma-,informed ,care2 7,d7 reduces the number of students with disabilities experiencing school discipline for their disability-related behavior through specific training on the identification1 development1 and implementation of ,behavior ,intervention ,plans 7,b,i,ps72 and 7,e7 reduces the number of ,black1 ,latinx1 ,native ,american1 and ,,lgbtq students who are disciplined for minor1 age-appropriate behaviors that should be addressed through evidence-based1 trauma-informed services and support4 7e7 ,prohibition ,no portion of any grant funds awarded under this section may be used for-- 7#a7 the development1 establishment1 implementation1 or enforcement of zero-tolerance school discipline policies1 including the commission1 contracting of1 or agreements with law enforcement that support the presence of police in schools1 including formal or informal partnerships or data and information sharing agreements with the ,department of ,justice or ,secretary of ,homeland ,security1 including ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection2 7#b7 the purchase1 maintenance1 or installation of surveillance equipment1 including metal detectors1 facial recognition technology1 or software programs that monitor or mine the social media use or technology use of students2 or 7#c7 arming teachers1 principals1 school leaders1 or other school personnel4 7f7 ,grant amounts ,the amount of grant funds received under this section by a local educational agency shall be based on the number of students enrolled in the local educational agency4 7g7 ,reporting ,each local educational agency receiving a grant under this section shall prepare and submit a report to the ,secretary containing information about-- 7#a7 how the grant funds were used2 7#b7 the number of students who were arrested by or referred to sworn law enforcement officers in the previous year compared to the number arrested or referred during the term of the grant2 7#c7 the reasons for arrests2 and 7#d7 demographic data of students arrested or referred to sworn law enforcement officers1 disaggregated by race1 ethnicity1 age1 gender1 status as a child with a disability1 and socioeconomic status4 7h7 ,supplement not supplant ,a local educational agency shall use ,federal funds received under this section only to supplement the funds that would1 in the absence of such ,federal funds1 be made available from ,state and local sources for the activities described in subsection 7d71 and not to supplant such funds4 7i7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #b1ejj1jjj1jjj4