Counseling Not Criminalization in Schools Act

II 116TH CONGRESS 2D SESSION S. 4360 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 SENATE OF THE UNITED STATES JULY 29, 2020 Mr. MURPHY (for himself and Ms. WARREN) introduced the following bill; which was read twice and referred to the Committee on Health, Edu- cation, Labor, and Pensions 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 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 18:00 Aug 11, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4360.IS S4360 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 4360 IS (1) Over the last 50 years, our Nation’s schools 1 have become sites for increased criminalization and 2 surveillance of young people, particularly Black, Na- 3 tive American, and Latinx students, immigrant stu- 4 dents, students with disabilities, LGBTQ+ students, 5 students experiencing homelessness, students in- 6 volved in the foster care system, and other histori- 7 cally marginalized students. 8 (2) Despite significant decreases in the rate of 9 serious crimes and violence on school campuses over 10 the past 20 years, improving upon already low rates, 11 67 percent of high school students, 45 percent of 12 middle school students, and 19 percent of elemen- 13 tary school students attend a school with a police of- 14 ficer. 15 (3) Since 1999, the Federal Government has in- 16 vested more than $1,000,000,000 to subsidize the 17 placement of police in schools, resulting in roughly 18 46,000 school resource officers patrolling the halls of 19 elementary and secondary public schools across the 20 Nation. 21 (4) A growing body of research has not found 22 any evidence that school resource officers make 23 schools safer, and school resource officers have been 24 shown to increase the likelihood that children will be 25 VerDate Sep 11 2014 18:00 Aug 11, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4360.IS S4360 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 4360 IS arrested, often by the school resource officer while 1 on campus. 2 (5) Research has shown that schools with a des- 3 ignated school law enforcement officer on duty ar- 4 rested students at 5 times the rate of comparable 5 schools without such an officer. 6 (6) When police are present in schools, students 7 of color face an increased risk of being assaulted by 8 police. Student-recorded videos of police violence in 9 schools regularly circulate through news channels, 10 articles, and social media, exposing violence per- 11 petrated by police within schoolhouse gates. 12 (7) Black, Native American, and Latinx stu- 13 dents are more likely than their White peers to at- 14 tend schools with police officers on campus and are 15 more likely to be referred to law enforcement or ar- 16 rested while in school. 17 (8) Black students represent 31 percent of all 18 school-related arrests, despite making up only 15 19 percent of all public school students, and are 3 times 20 more likely to be suspended or expelled than White 21 students. Native American and Pacific Islander and 22 Native Hawaiian students are more than twice as 23 likely to be arrested as White students. 24 VerDate Sep 11 2014 18:00 Aug 11, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4360.IS S4360 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 4360 IS (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 18:00 Aug 11, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4360.IS S4360 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 4360 IS 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 18:00 Aug 11, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4360.IS S4360 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 4360 IS 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 school-based law enforcement and estab- 24 lishing a continuum of care and positive schoolwide 25 VerDate Sep 11 2014 18:00 Aug 11, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4360.IS S4360 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 4360 IS systems of services that are evidence-based, inclu- 1 sive, racially and gender responsive, and trauma in- 2 formed; 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) POSITIVE BEHAVIOR INTERVENTION AND 22 SUPPORT.—The term ‘‘positive behavior intervention 23 and support’’ means using a systematic and evi- 24 VerDate Sep 11 2014 18:00 Aug 11, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4360.IS S4360 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 4360 IS dence-based approach to achieve improved academic 1 and social outcomes for students. 2 (3) SWORN LAW ENFORCEMENT OFFICER.—The 3 term ‘‘sworn law enforcement officer’’ means any 4 person who— 5 (A) has the power to detain, arrest, issue 6 a citation, perform a custodial investigation, or 7 refer a person to criminal or juvenile court; or 8 (B) is considered under State law to meet 9 the definition of law enforcement. 10 (4) TRAUMA-INFORMED SERVICES.—The term 11 ‘‘trauma-informed services’’ means a service delivery 12 approach that— 13 (A) recognizes and responds to the impacts 14 of trauma with evidence-based supports and 15 intervention; 16 (B) emphasizes physical, psychological, and 17 emotional safety for both providers of services 18 and survivors of trauma; and 19 (C) creates opportunities for survivors of 20 trauma to rebuild a sense of healing and em- 21 powerment. 22 VerDate Sep 11 2014 18:00 Aug 11, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4360.IS S4360 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 4360 IS SEC. 5. PROHIBITION OF FEDERAL FUNDS FOR POLICE IN 1 SCHOOLS. 2 (a) FEDERAL FUNDS PROHIBITION.—Notwith- 3 standing the Omnibus Crime Control and Safe Streets Act 4 of 1968 (34 U.S.C. 10101 et seq.), including subpart 1 5 of part E of title I of that Act (34 U.S.C. 10151 et seq.) 6 (relating to the Edward Byrne Memorial Justice Assist- 7 ance Grant Program) and part Q of title I of that Act 8 (34 U.S.C. 13081 et seq.) (relating to the ‘‘Cops on the 9 Beat’’ grant program), or any other provision of law, no 10 Federal funds may be appropriated or used for hiring, 11 maintaining, or training sworn law enforcement officers 12 to be used or employed in elementary or secondary schools, 13 preschools, or programs based in elementary or secondary 14 schools in any capacity. 15 (b) COPS GRANT PROGRAM.—Section 1701 of title 16 I of the Omnibus Crime Control and Safe Streets Act of 17 1968 (34 U.S.C. 10381) is amended— 18 (1) in subsection (b)— 19 (A) by striking paragraph (12); 20 (B) by redesignating paragraphs (13) 21 through (23) as paragraphs (12) through (22), 22 respectively; and 23 (C) in paragraph (21), as so redesignated, 24 by striking ‘‘through (21)’’ and inserting 25 ‘‘through (20)’’; and 26 VerDate Sep 11 2014 18:00 Aug 11, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4360.IS S4360 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 4360 IS (2) by adding at the end the following: 1 ‘‘(n) PROHIBITION ON USE OF FUNDS FOR SWORN 2 LAW ENFORCEMENT OFFICERS.—A recipient of a grant 3 under this part may not use the grant funds for sworn 4 law enforcement officers who operate in and around ele- 5 mentary and secondary schools.’’. 6 SEC. 6. SUPPORTING LOCAL EDUCATIONAL AGENCIES IN 7 TRANSITIONING AWAY FROM POLICE IN 8 SCHOOLS. 9 (a) GRANT PROGRAM ESTABLISHED.—The Secretary 10 of Education shall award grants, on a competitive and roll- 11 ing basis, to local educational agencies to enable those 12 local educational agencies— 13 (1) to replace sworn law enforcement officers in 14 elementary and secondary schools with personnel 15 and services that support mental health and trauma- 16 informed services; and 17 (2) to reform school safety and disciplinary 18 policies so they reflect evidence-based practices that 19 do not rely on the criminal justice system and pro- 20 vide the necessary staff training and support to im- 21 plement such policies. 22 (b) APPLICATION.—A local educational agency desir- 23 ing a grant under this section shall submit an application 24 to the Secretary at such time, in such manner, and con- 25 VerDate Sep 11 2014 18:00 Aug 11, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4360.IS S4360 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 4360 IS taining such information as the Secretary may require, in- 1 cluding an assurance that— 2 (1) the local educational agency will terminate 3 any existing contract with local law enforcement or, 4 where applicable, dissolve school district-based police 5 departments, at least 30 days prior to the entity re- 6 ceiving funds under this section; and 7 (2) the local educational agency will not estab- 8 lish any new contract with law enforcement or create 9 its own school police department for the duration of 10 the grant. 11 (c) PRIORITY.—In awarding grants under this sec- 12 tion, the Secretary shall give priority to— 13 (1) local educational agencies that terminated 14 their contract with all law enforcement or disbanded 15 their school district police department prior to sub- 16 mitting an application and provide assurances that 17 the local educational agency will not create or re- 18 start a contract with State or local law enforcement, 19 create or reinstate a school district police depart- 20 ment, or create or restart a program of other armed 21 school personnel during the duration of this grant; 22 (2) local educational agencies with a larger 23 share of students who are economically disadvan- 24 VerDate Sep 11 2014 18:00 Aug 11, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4360.IS S4360 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 4360 IS taged, in the event that funds are insufficient to 1 award grants to all eligible applicants; and 2 (3) local educational agencies that identify the 3 uses of funds in subsection (d) based on meaningful 4 community engagem [Text truncated for display. 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