113 HR 3153 IH: Student Disciplinary Fairness Act of 2013 U.S. House of Representatives 2013-09-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I113th CONGRESS1st SessionH. R. 3153IN THE HOUSE OF REPRESENTATIVESSeptember 19, 2013Mr. Richmond introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo amend the Juvenile Justice and Delinquency Prevention Act of 1974 to establish the Office of School Discipline Policy, and for other purposes.

1.

Short title

This Act may be cited as the Student Disciplinary Fairness Act of 2013.

2.

Findings

Congress finds the following:(1)Too many juveniles are introduced to the formal criminal justice system for minor behavioral infractions at school.(2)Common behavioral infractions at school often result in suspension, expulsion, or incarceration of the juvenile students involved.(3)Zero-tolerance school discipline policies increase the number of incarcerated juveniles.(4)Research shows that juveniles who are incarcerated are significantly less likely to complete secondary school, experience less human capital development and diminished earnings potential, and are more likely to recidivate and be incarcerated as adults.

3.

School Discipline Policy

The Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended by inserting after title V the following new title:.

4.

Conditions for States to receive COPS on the beat grants

Section 1702(c) of the Omnibus Crime Control and Safe Streets Act of 1968 is amended—(1)in paragraph (10), by striking and at the end;(2)in paragraph (11), by striking the period at the end and inserting ; and; and(3)by inserting after paragraph (11), the following new paragraph:(12)in the case of an applicant that is a State or unit of local government, provide assurances that—(A)the administration of juvenile justice in the applicant’s jurisdiction is consistent with any requirements of the United States Constitution and the 4th, 5th, and 14th amendments to the Constitution, including assurances that—(i)before a juvenile is arrested, the arresting law enforcement officer must have probable cause specific to that juvenile; and(ii)juveniles who are arrested must receive adequate procedural due process, including—(I)adequate and timely notice to the juvenile and the juvenile’s guardian regarding any court proceedings related to the incident for which the juvenile was arrested;(II)representation by an attorney in any court proceeding as a result of which the juvenile could face incarceration;(III)protections against self-incrimination; and(IV)an opportunity to cross-examine any witness testifying against the juvenile; and(B)any contract governing the terms of probation for a juvenile shall not contain any clauses that—(i)the juvenile cannot understand; and(ii)in the case of a juvenile student (as such term is defined in section 604 of the Juvenile Justice and Delinquency Prevention Act of 1974), could result in incarceration for violations of school rules or policies..

5.

Authority for the Attorney General to access certain records relating to juvenile justice

Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14141) is amended by adding at the end the following:(c)

Access to certain records relating to juvenile justice

The Attorney General may issue subpoenas requiring the production of any documents relating to any matter which the Attorney General is authorized to investigate under subsection (a)..

6.

Department of Education grant program

(a)

Program authorized

From the amounts appropriated to carry out this section, the Secretary of Education (acting through the Office of Civil Rights of the Department of Education) shall make grants to eligible entities to fund training for school personnel in elementary schools and secondary schools on de-escalation techniques to teach the personnel procedures and tactics to mitigate delinquent student behavior which may avoid a referral to law enforcement officials.(b)

Application

To receive a grant under this section, an eligible entity shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary may require, including information that demonstrates that the eligible entity—(1)is fully compliant with all applicable Federal school discipline data reporting requirements, including, if applicable, the reporting requirements of section 618 of the Individuals with Disabilities Education Act of 1965 (20 U.S.C. 1418(a)); and(2)has provided complete information to all applicable data surveys of Department of Education, including the Office for Civil Rights.(c)

Limitation

An elementary school or secondary school may only receive assistance under this section during a grant period from 1 eligible entity receiving a grant under this section during the grant period.(d)

Definitions

For purposes of this section:(1)

Eligible entity

The term eligible entity means a State, unit of general local government, or juvenile justice agency.(2)

General ESEA terms

The terms elementary schools, secondary schools, and State have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).(3)

School personnel

The term school personnel has the meaning given the term in section 4151 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7161).(e)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary for fiscal years 2014 and 2015 to carry out this section.