Counseling Not Criminalization in Schools Act

I 117TH CONGRESS 1ST SESSION H. R. 4011 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 out- comes, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 17, 2021 Ms. PRESSLEY (for herself, Ms. OMAR, Mr. BOWMAN, Ms. BUSH, Mr. JOHN- SON of Georgia, Ms. LEE of California, Ms. NORTON, Ms. OCASIO-COR- TEZ, and Mr. GARCI´A of Illinois) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on the Judiciary, for a period to be subsequently deter- mined by the Speaker, 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 trau- ma informed services that address the needs of marginalized students and improve academic outcomes, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Counseling Not Crim- 4 inalization in Schools Act’’. 5 VerDate Sep 11 2014 16:53 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4011.IH H4011 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 4011 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) Over the last 50 years, our Nation’s schools 3 have become sites for increased criminalization and 4 surveillance of young people, particularly Black, Na- 5 tive American, and Latino students, immigrant stu- 6 dents, students with disabilities, LGBTQ students, 7 students experiencing homelessness, students in- 8 volved in the foster care system, and other histori- 9 cally marginalized students. 10 (2) Despite significant decreases in the rate of 11 serious crimes and violence on school campuses over 12 the past 20 years, improving upon already low rates, 13 67 percent of high school students, 45 percent of 14 middle school students, and 19 percent of elemen- 15 tary school students attend a school with a police of- 16 ficer. 17 (3) Since 1999, the Federal Government has in- 18 vested more than $1,000,000,000 to subsidize the 19 placement of police in schools, resulting in roughly 20 46,000 school resource officers patrolling the halls of 21 elementary and secondary public schools across the 22 Nation. 23 (4) A growing body of research has not found 24 any evidence that school resource officers make 25 schools safer, and school resource officers have been 26 VerDate Sep 11 2014 16:53 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4011.IH H4011 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 4011 IH shown to increase the likelihood that children will be 1 arrested, often by the school resource officer while 2 on campus. 3 (5) Research has shown that schools with a des- 4 ignated school law enforcement officer on duty ar- 5 rested students at 5 times the rate of comparable 6 schools without such an officer. 7 (6) When police are present in schools, students 8 of color face an increased risk of being assaulted by 9 police. Student-recorded videos of police violence in 10 schools regularly circulate through news channels, 11 articles, and social media, exposing violence per- 12 petrated by police within schoolhouse gates. 13 (7) Black, Native American, and Latino stu- 14 dents are more likely than their white peers to at- 15 tend schools with police officers on campus and are 16 more likely to be referred to law enforcement or ar- 17 rested while in school. 18 (8) Black students represent 31 percent of all 19 school-related arrests, despite making up only 15 20 percent of all public school students, and are 3 times 21 more likely to be suspended or expelled than white 22 students. Native American and Pacific Islander and 23 Native Hawaiian students are more than twice as 24 likely to be arrested as white students. 25 VerDate Sep 11 2014 16:53 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4011.IH H4011 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 4011 IH (9) Students with disabilities are more likely 1 than their peers without disabilities to be referred to 2 law enforcement or arrested. Students of color with 3 disabilities are more likely to be referred to law en- 4 forcement than either their white peers with disabil- 5 ities, or their peers of color without disabilities. 6 These students are also disproportionately restrained 7 and secluded in schools. Of the 87,000 students who 8 were restrained during the 2015–2016 school year, 9 71 percent received special education services and 27 10 percent of students restrained were Black. 11 (10) According to the Department of Edu- 12 cation, while Black girls comprise only 16 percent of 13 girls in elementary and secondary schools, they make 14 up 42 percent of girls receiving the most severe 15 forms of school discipline and severe punishment, 16 such as corporal punishment, and represent 34 per- 17 cent of girls arrested on campus. 18 (11) Research shows that these racial dispari- 19 ties in discipline rates are not a result of differences 20 in student behavior but instead reflect the ways in 21 which students of color face more punitive discipline 22 than their white peers for similar behavior. 23 (12) Students who are LGBTQ often have 24 intersecting marginalized identities and experience 25 VerDate Sep 11 2014 16:53 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4011.IH H4011 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 4011 IH exclusionary discipline at disproportionate rates that 1 make it more likely they will interact with the juve- 2 nile justice system than their non-LGBTQ peers. 3 (13) Students who are suspended or expelled 4 are nearly threefold more likely to be in contact with 5 the juvenile justice system the following year. 6 (14) According to the Federal Bureau of Inves- 7 tigation, more than 30,000 children under the age of 8 10 were arrested since 2013. On school campuses, 9 more than 290,000 students were referred to law en- 10 forcement. The United States spends $240 daily, on 11 average, per youth detained in juvenile facilities. 12 (15) While schools should be sanctuaries for all 13 students, reports have shown instances where school 14 resource officers collect tips and disciplinary infor- 15 mation from teachers and school administrators and 16 share it with U.S. Immigration and Customs En- 17 forcement agents to build deportation cases against 18 students and their families. 19 (16) School hardening, including the presence 20 of school resource officers on campus, causes stu- 21 dents to experience higher levels of fear, perpetuate 22 the school to prison pipeline, and undermine the 23 ability of schools and educators to build learning en- 24 VerDate Sep 11 2014 16:53 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4011.IH H4011 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 4011 IH vironments undergirded by mutual trust, respect, 1 and safety. 2 (17) Ninety percent of students are in public 3 schools where the number of counselors, social work- 4 ers, nurses, and psychologists do not meet rec- 5 ommended professional standards. Professional 6 standards recommend at least 1 counselor and 1 so- 7 cial worker for every 250 students and at least 1 8 nurse and 1 psychologist for every 750 students and 9 every 700 students, respectively. 10 (18) 1,700,000 students attend schools with po- 11 lice but not 1 counselor. 12 (19) 3,000,000 students attend schools with po- 13 lice but not 1 school nurse. 14 (20) 6,000,000 students attend schools with po- 15 lice but no school psychologists. 16 (21) 10,000,000 students attend schools with 17 police but no social workers. 18 SEC. 3. PURPOSE. 19 It is the purpose of this Act to— 20 (1) address the needs of marginalized students, 21 ensure schools are welcoming for students, and im- 22 prove academic outcomes by eliminating Federal 23 funding for maintaining the presence of covered law 24 enforcement officers in schools and establishing a 25 VerDate Sep 11 2014 16:53 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4011.IH H4011 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 4011 IH continuum of care and positive schoolwide systems 1 of services that are evidence-based, inclusive, racially 2 and gender responsive, and trauma informed; and 3 (2) support local educational agencies that 4 choose to terminate their contracts with local law en- 5 forcement agencies or, where applicable, dissolve or 6 disband district-based police departments, and invest 7 resources in personnel and services that create truly 8 safe and inclusive schools for all students based on 9 community engagement and deliberative consulta- 10 tion. 11 SEC. 4. DEFINITIONS. 12 In this Act: 13 (1) ESEA TERMS.—The terms ‘‘elementary 14 school’’, ‘‘evidence-based’’, ‘‘local educational agen- 15 cy’’, ‘‘parent’’, ‘‘professional development’’, ‘‘school 16 leader’’, ‘‘secondary school’’, ‘‘Secretary’’, and ‘‘spe- 17 cialized instructional support personnel’’ have the 18 meaning given those terms in section 8101 of the 19 Elementary and Secondary Education Act of 1965 20 (20 U.S.C. 7801). 21 (2) COVERED PROGRAM.—The term ‘‘covered 22 program’’ means— 23 VerDate Sep 11 2014 16:53 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4011.IH H4011 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 4011 IH (A) all the operations of an elementary 1 school, a secondary school, or a local edu- 2 cational agency; or 3 (B) a program that serves children who re- 4 ceive services for which financial assistance is 5 provided in accordance with the Head Start Act 6 (42 U.S.C. 9831 et seq.). 7 (3) POSITIVE BEHAVIORAL INTERVENTIONS 8 AND SUPPORTS.—The term ‘‘positive behavioral 9 interventions and supports’’ means— 10 (A) a schoolwide, systematic approach that 11 embeds evidence-based practices and data-driv- 12 en decisionmaking to improve school climate 13 and culture in order to achieve improved aca- 14 demic and social outcomes and increase learn- 15 ing for all students (including students with the 16 most complex and intensive behavioral needs); 17 and 18 (B) encompasses a range of systemic and 19 individualized positive strategies to teach and 20 reinforce school-expected behaviors, while dis- 21 couraging and diminishing undesirable behav- 22 iors. 23 (4) COVERED LAW ENFORCEMENT OFFICER.— 24 The term ‘‘covered law enforcement officer’’— 25 VerDate Sep 11 2014 16:53 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4011.IH H4011 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 4011 IH (A) means any person who— 1 (i) is a State, Tribal, or local law en- 2 forcement officer (as defined in section 3 1204 of the Omnibus Crime Control and 4 Safe Streets Act of 1968 (34 U.S.C. 5 10284)); and 6 (ii) is assigned by the employing law 7 enforcement agency to a covered program, 8 who is contracting with a covered program, 9 or who is employed by a covered program; 10 and 11 (B) includes an individual referred to as a 12 ‘‘school resource officer’’ if that individual 13 meets the definition in subparagraph (A). 14 (5) TRAUMA-INFORMED SERVICES.—The term 15 ‘‘trauma-informed services’’ means a service delivery 16 approach that— 17 (A) recognizes and responds to the impacts 18 of trauma with evidence-based supports and 19 intervention; 20 (B) emphasizes physical, psychological, and 21 emotional safety for both providers of services 22 and survivors of trauma; and 23 VerDate Sep 11 2014 16:53 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4011.IH H4011 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 4011 IH (C) creates opportunities for survivors of 1 trauma to rebuild a sense of healing and em- 2 powerment. 3 SEC. 5. PROHIBITION OF FEDERAL FUNDS FOR POLICE IN 4 SCHOOLS. 5 (a) FEDERAL FUNDS PROHIBITION.—Notwith- 6 standing the Omnibus Crime Control and Safe Streets Act 7 of 1968 (34 U.S.C. 10101 et seq.), including subpart 1 8 of part E of title I of that Act (34 U.S.C. 10151 et seq.) 9 (relating to the Edward Byrne Memorial Justice Assist- 10 ance Grant Program) and part Q of title I of that Act 11 (34 U.S.C. 13081 et seq.) (relating to the ‘‘Cops on the 12 Beat’’ grant program), or any other provision of law, no 13 Federal funds may be appropriated or used for hiring, 14 maintaining, or training covered law enforcement officers 15 in any capacity. 16 (b) COPS GRANT PROGRAM.—Section 1701 of title 17 I of the Omnibus Crime Control and Safe Streets Act of 18 1968 (34 U.S.C. 10381) is amended— 19 (1) in subsection (b)— 20 (A) by striking paragraph (12); 21 (B) by redesignating paragraphs (13) 22 through (23) as paragraphs (12) through (22), 23 respectively; and 24 VerDate Sep 11 2014 16:53 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4011.IH H4011 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 4011 IH (C) in paragraph (21), as so redesignated, 1 by striking ‘‘through (21)’’ and inserting 2 ‘‘through (20)’’; and 3 (2) by adding at the end the following: 4 ‘‘(n) PROHIBITION ON USE OF FUNDS FOR COVERED 5 LAW ENFORCEMENT OFFICERS.—A recipient of a grant 6 under this part may not use the grant funds for covered 7 law enforcement officers (as defined in section 4 of the 8 Counseling Not Criminalization in Schools Act).’’. 9 SEC. 6. SUPPORTING LOCAL EDUCATIONAL AGENCIES IN 10 TRANSITIONING AWAY FROM POLICE IN 11 SCHOOLS. 12 (a) GRANT PROGRAM ESTABLISHED.—The Secretary 13 of Education shall award grants, on a competitive and roll- 14 ing basis, to local educational agencies to enable those 15 local educational agencies— 16 (1) to replace covered law enforcement officers 17 in elementary and secondary schools with personnel 18 and services that support mental health and trauma- 19 informed services; and 20 (2) to reform school safety and disciplinary 21 policies so they reflect evidence-based practices that 22 do not rely on the criminal justice system and pro- 23 vide the necessary staff training and support to im- 24 plement such policies. 25 VerDate Sep 11 2014 16:53 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4011.IH H4011 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 4011 IH (b) APPLICATION.—A local educational agency desir- 1 ing a grant under this section shall submit an application 2 to the Secretary at such time, in such manner, and con- 3 taining such information as the Secretary may require, in- 4 cluding an assurance that— 5 (1) the local educa [Text truncated for display. 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