,i #aaith ,,congress #ast ,session ,h4 ,r4 #bgci ,,in ,,the ,,house ,,of ,,representatives ,april #h1 #bjbe,ms4 ,pressley 7for herself1 ,ms4 ,omar1 ,ms4 ,lee of ,pennsylvania1 ,ms4 ,bonamici1 ,mr4 ,casar1 ,ms4 ,norton1 ,ms4 ,ocasio-,cortez1 ,mr4 ,pocan1 ,mrs4 ,ramirez1 ,mr4 ,thanedar1 and ,ms4 ,tlaib7 introduced the following bill2 which was referred to the ,committee on ,education and ,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 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 ,latino students1 immigrant students1 students with disabilities1 ,,lgbtqi 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 #ee percent of high school students1 #ch percent of middle school students1 and #ah percent of elementary school students attended a school with a police officer during the #bjag-bjah school year4 7#c7 ,since #aiii1 the ,federal ,government has invested more than #a1jjj1jjj1jjj to subsidize the placement of police in schools1 resulting in more than #ej1jjj law enforcement 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 police stationed on school campuses make schools safer1 and the presence of police has been shown to increase the likelihood that children will be arrested4 7#e7 ,research has shown that schools with a designated 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 ,between #bjaa and #bjba1 news reports detailed at least #bhe police assaults of students4 7#g7 ,black1 ,native ,american1 and ,latino 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 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 7#aj7 ,students with disabilities are also disproportionately restrained and secluded in schools4 ,of the #gd1hac students who were physically or mechanically restrained during the #bjag-bjah school year1 #gh percent received special education services4 ,of the #bg1dii students who were secluded during the #bjag-bjah school year1 #gg percent received special education services4 ,according to a #bjbj ,government ,accountability ,office report1 #gj percent of school districts report zero incidents of restraint and seclusion1 but only #cj of the ,nation's #ag1jjj school districts are required to verify the number of incidents of restraint and seclusion1 likely resulting in a significant undercount of these harmful practices4 7#aa7 ,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 ,in the #bjag-bjah school year1 ,black girls were #d times more likely than ,white girls to be suspended or expelled4 ,black girls were also #c times more likely to be referred to law enforcement and over #c times more likely to be arrested in school4 7#ab7 ,research shows that these racial disparities in discipline rates are not a result of differences in student behavior1 but instead reflect the ways in which students of color face more punitive discipline than their ,white peers for similar behavior4 7#ac7 ,students who are ,,lgbtqi 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-,,lgbtqi peers4 ,a survey of juvenile justice facilities found #dj percent of girls and #bj percent of all detained youth identified as ,,lgbtqi1 and the overwhelming majority 7#he percent7 of ,,lgbtqi detained youth were youth of color4 7#ad7 ,students who are suspended or expelled are nearly #c times more likely to be in contact with the juvenile justice system the following year4 7#ae7 ,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#af7 ,while schools should be sanctuaries for all students1 reports have shown instances where police in schools 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#ag7 ,school hardening1 including the presence of law enforcement officers on campus1 causes students to experience higher levels of fear1 perpetuates the school to prison pipeline1 and undermines the ability of schools and educators to build learning environments based on mutual trust1 respect1 and safety4 7#ah7 ,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#ai7 #a1gjj1jjj students attend schools with police but not #a counselor4 7#bj7 #c1jjj1jjj students attend schools with police but not #a school nurse4 7#ba7 #f1jjj1jjj students attend schools with police but not #a school psychologist4 7#bb7 #aj1jjj1jjj students attend schools with police but not #a social worker4 #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 maintaining the presence of covered law enforcement officers in schools 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 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 ,covered program ,the term covered program means-- 7,a7 all the operations of an elementary school1 a secondary school1 or a local educational agency2 or 7,b7 a program that serves children who receive services for which financial assistance is provided in accordance with the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq474 7#c7 ,credible messenger ,the term credible messenger means any individual who serves as a mentor1 is from the same communities in which the students and families they serve live1 and whose lived experiences serve as a credential in their work to provide guidance1 empowerment1 support1 and encouragement to students and their families with whom the credible messenger has shared or similar experiences4 ,shared experiences include being a person of color1 being directly impacted or having involvement in the legal system1 having involvement in the child welfare system1 being directly impacted by exclusionary school discipline and policing in schools1 having experienced housing instability1 having a disability1 or identifying as ,,lgbtqi4 7#d7 ,positive behavioral interventions and supports ,the term positive behavioral interventions and supports means-- 7,a7 a schoolwide1 systematic approach that embeds evidence-based practices and data-driven decision making to improve school climate and culture in order to achieve improved academic and social outcomes and increase learning for all students 7including students with the most complex and intensive behavioral needs72 and 7,b7 encompasses a range of systemic and individualized positive strategies to teach and reinforce school-expected behaviors1 while discouraging and diminishing undesirable behaviors4 7#e7 ,covered law enforcement officer ,the term covered law enforcement officer-- 7,a7 means any person who-- 7i7 is a ,state1 ,tribal1 or local law enforcement officer 7as defined in section #abjd of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbhd772 and 7ii7 is assigned by the employing law enforcement agency to a covered program1 who is contracting with a covered program1 or who is employed by a covered program2 and 7,b7 includes an individual referred to as a school resource officer if that individual meets the definition in subparagraph 7,a74 7#f7 ,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 covered law enforcement officers 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 covered law enforcement officers ,a recipient of a grant under this part may not use the grant funds for covered law enforcement officers 7as defined in section #d of the ,counseling ,not ,criminalization in ,schools ,act74 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 covered 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 not have covered law enforcement officers stationed on school campuses1 including by terminating any existing contract with local law enforcement or1 where applicable1 dissolving 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 local law enforcement or dissolved their school district-based 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 law enforcement or armed school personnel during the duration of the 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-- 7,a7 identify the uses of funds in subsection 7d7 based on meaningful community engagement2 and 7,b7 establish ongoing stakeholder oversight1 guidance1 and coordination of the proposed activities or policies with a broad group of stakeholders1 including any groups of students1 as well as their families1 who have been disproportionately arrested1 suspended1 or expelled1 to ensure proposed activities and policies mitigate disparities in the use of exclusionary discipline and promote a positive school culture4 7d7 ,uses of funds 7#a7 ,required use ,a local educational agency receiving funds under this section shall use such grant funds to hire1 maintain1 or train school counselors1 school psychologists1 nurses1 social workers1 credible messengers1 community health workers and trauma-informed personnel1 dedicated staff specifically trained in de-escalation 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 ,permitted uses ,in addition to the required use described in paragraph 7#a71 a local educational agency receiving funds under this section may also use grant funds to carry out #a or more of the following3 7,a7 ,implementing schoolwide positive behavioral interventions and supports1 restorative justice programs and interventions1 mediators1 social and emotional learning programs1 or other evidence-based trauma-informed services4 7,b7 ,providing ongoing professional development to teachers1 teacher assistants1 school leaders1 counselors1 specialized instructional support personnel1 credible messengers1 and mental health professionals that-- 7i7 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 7ii7 improves school capacity to identify1 refer1 and provide services to students in need of trauma support services2 7iii7 reflects the best practices for trauma-informed identification1 referral1 and support developed by the ,interagency ,task ,force on ,trauma-,informed ,care2 7iv7 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 7v7 reduces the number of ,black1 ,latino1 ,native ,american1 and ,,lgbtqi students who are subjected to punitive discipline practices rather than trauma-informed services and supports4 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 punitive school discipline policies1 including the commission1 contracting of1 or agreements with1 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 equipment or programs1 including metal detectors1 surveillance cameras1 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 7#a7 ,in ,general ,each local educational agency receiving a grant under this section shall prepare and submit an annual report to the ,secretary containing the information described in paragraph 7#b74 ,such report shall be made publicly available4 7#b7 ,contents ,subject to paragraph 7#c71 the report described in paragraph 7#a7 shall include information about-- 7,a7 how the grant funds were used2 7,b7 the number and percentage of students who were arrested by or referred to law enforcement officers in the previous year compared to the number and percentage arrested or referred during the term of the grant2 7,c7 in the aggregate1 the reasons for those arrests2 7,d7 demographic data of students arrested or referred to law enforcement officers1 disaggregated and cross-tabulated by race1 ethnicity1 age1 gender1 status as a child with a disability1 and whether the student is eligible for a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq472 7,e7 the number of metal detectors and surveillance cameras used by each school served by the local educational agency1 as well as policies governing the use of these devices2 7,f7 whether facial recognition technology is used by the local educational agency1 and if so1 the policies governing the use of such technology2 and 7,g7 whether software programs that monitor or mine the social media use or technology use of students or the families of students are used by1 or at the direction of1 the local educational agency1 and if so1 the contract with the provider of those software programs as well as the policies governing the use of such programs4 7#c7 ,personally identifiable information ,collection or disaggregation of information shall not be required under subparagraphs 7,b7 through 7,d7 of paragraph 7#b7 to the extent that such collection or disaggregation would reveal personally identifiable information about an individual student or otherwise violate privacy laws4 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 funds 7i7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #e1jjj1jjj1jjj4