[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 811 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 811

To amend the Elementary and Secondary Education Act of 1965 to require 
   States to develop policies on positive school climates and school 
                              discipline.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 19, 2015

 Mr. Murphy (for himself, Mr. Booker, and Mrs. Murray) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the Elementary and Secondary Education Act of 1965 to require 
   States to develop policies on positive school climates and school 
                              discipline.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Supportive School Climate Act of 
2015''.

SEC. 2. POSITIVE SCHOOL CLIMATE AND SCHOOL DISCIPLINE POLICIES.

    (a) State Plans.--Section 1111 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(3) Positive school climate and school discipline 
        policies.--In addition to the plan described in paragraph (1), 
        a State desiring to receive a grant under this part to support 
        positive behavioral interventions and support, shall submit to 
        the Secretary a plan that describes how the State educational 
        agency will--
                    ``(A) coordinate with the local educational 
                agencies and schools served by the State educational 
                agency to implement positive, preventative approaches 
                to exclusionary discipline actions that promote a 
                positive school climate for all students and improve 
                engagement for disconnected youth, juvenile offenders, 
                and other students, while minimizing students' removal 
                from instruction and, if students are removed, upon 
                students' return to the instructional program, 
                maximizing students' opportunities to make up education 
                lost during the period of removal from instruction;
                    ``(B) provide technical assistance and training to 
                local educational agencies to improve and support the 
                development, implementation, and coordination of 
                comprehensive positive behavioral interventions and 
                supports carried out under this Act with activities 
                carried out under the Individuals with Disabilities 
                Education Act;
                    ``(C) evaluate the effects of providing positive 
                behavioral interventions and supports for all students, 
                including improvement of the learning environment, 
                academic achievement, disciplinary problems, such as 
                incidents of suspensions, expulsions, referrals to law 
                enforcement, and other actions that remove students 
                from instruction, and any other effects the State 
                chooses to evaluate;
                    ``(D) ensure all students are on track to be 
                college and career ready by promoting student 
                engagement, and preventing dropout;
                    ``(E) ensure involvement of students in the 
                criminal or juvenile justice system is avoided when 
                addressing minor misbehavior such as non-threatening, 
                non-violent, and non-criminal misbehavior;
                    ``(F) through preventative and alternative 
                approaches, reduce out-of-school suspensions, in-school 
                suspensions, expulsions, referrals to law enforcement, 
                school-based arrests, and exclusionary discipline 
                practices that remove students from instruction and, 
                upon students' return to the educational program, 
                maximize students' opportunities to make up education 
                lost during the period of removal from instruction;
                    ``(G) in coordination with the State department of 
                corrections or a similar agency, ensure re-entering 
                juvenile offenders receive referrals to a local 
                educational agency and provide that, for any juvenile 
                who commits an offense subject to school expulsion and 
                is subsequently committed to a detention center, secure 
                facility, or any other residential placement within the 
                juvenile or adult criminal justice system for such 
                offense, the period of expulsion shall run concurrently 
                with the period of commitment to the detention center, 
                secure facility, or other residential placement;
                    ``(H) ensure that school discipline policies are in 
                compliance with applicable civil rights laws, are 
                procedurally fair, and practices are applied equally to 
                all students regardless of their economic status, 
                English learner status, race, ethnicity, national 
                origin, religion, or sex, including gender identity, 
                and ensure that school discipline policies meet the 
                requirements of section 504 of the Rehabilitation Act 
                of 1973, title II of the Americans with Disabilities 
                Act of 1990, the Individuals with Disabilities 
                Education Act, and implementing regulations of such 
                section, title, and Act, and that the disciplinary 
                policies and practices are applied in a manner that 
                complies with the equal opportunity requirements of 
                section 504 of the Rehabilitation Act of 1973, title II 
                of the Americans with Disabilities Act of 1990, the 
                Individuals with Disabilities Education Act, and 
                implementing regulations of such section, title, and 
                Act; and
                    ``(I) in coordination with local educational 
                agencies and schools, provide annual and public 
                reporting on, in the aggregate, in-school suspensions, 
                out-of-school suspensions, expulsions, referrals to law 
                enforcement, school-based arrests, and disciplinary 
                transfers (including placements in alternative schools) 
                in the State (disaggregated by each category of 
                students described in subsection (b)(2)(C)(v), except 
                that such disaggregation shall not be required in a 
                case in which the number of students in a category is 
                insufficient to yield statistically reliable 
                information or the results would reveal personally 
                identifiable information about an individual 
                student).''; and
            (2) in subsection (h)(6)(B)--
                    (A) in clause (i), by striking ``and'' after the 
                semicolon;
                    (B) in clause (ii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(iii) the number of incidences of school 
                        violence, bullying, drug abuse, alcohol abuse, 
                        in-school student suspensions, out-of-school 
                        student suspensions, expulsions, referrals to 
                        law enforcement, school-based arrests, 
                        disciplinary transfers (including placements in 
                        alternative schools), and student detentions, 
                        disaggregated by each category of students 
                        described in subsection (b)(2)(C)(v) for each 
                        such type of incident.''.
    (b) Local Educational Agency Plans.--Section 1112(b)(1) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6312(b)(1)) 
is amended--
            (1) in subparagraph (P), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (Q), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(R) where appropriate, a description of how the 
                local educational agency will support positive behavior 
                interventions and supports by--
                            ``(i) establishing parental notification 
                        requirements for out-of-school suspensions, in-
                        school suspensions, expulsions, school-based 
                        arrests, referrals to law enforcement, and 
                        exclusionary discipline practices that remove 
                        students from instruction, in accordance with 
                        section 444 of the General Education Provisions 
                        Act (20 U.S.C. 1232g) (commonly known as the 
                        `Family Educational Rights and Privacy Act of 
                        1974');
                            ``(ii) establishing systems to engage 
                        families and community members with the school 
                        in meaningful and sustained ways, such as 
                        through case management services and mentoring 
                        to promote positive student academic 
                        achievement, developmental, and social 
                        emotional growth, including non-cognitive skill 
                        development; and
                            ``(iii) establishing best practices for a 
                        school conduct and discipline code, that--
                                    ``(I) protects students and staff 
                                from harm;
                                    ``(II) provides constructive 
                                opportunities for students to learn 
                                from their mistakes rather than exclude 
                                them from the learning community;
                                    ``(III) fosters a positive learning 
                                community by providing a continuum of 
                                interventions, supports, and strategies 
                                within a tiered prevention framework;
                                    ``(IV) keeps students in school; 
                                and
                                    ``(V) shows mindful consideration 
                                of negative impacts that may have 
                                occurred as a result of involvement 
                                with the criminal justice system.''.
    (c) Prevention and Intervention Programs for Children and Youth Who 
Are Neglected, Delinquent, or at Risk of Dropping Out.--Part D of title 
I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6421 
et seq.) is amended--
            (1) in section 1414--
                    (A) in subsection (a)(2)--
                            (i) in subparagraph (B), by striking 
                        ``and'' after the semicolon;
                            (ii) in subparagraph (C)(iv), by striking 
                        the period at the end and inserting ``; and''; 
                        and
                            (iii) by adding at the end the following:
                    ``(D) provide assurances that the State educational 
                agency has established--
                            ``(i) procedures to ensure that each 
                        student who has been placed in the juvenile 
                        justice system is promptly re-enrolled in 
                        secondary school or placed in a re-entry 
                        program that best meets the education and 
                        social needs of the student;
                            ``(ii) procedures for facilitating the 
                        transfer of credits that such student earned 
                        during placement; and
                            ``(iii) opportunities for such student to 
                        participate in postsecondary and career 
                        pathways.''; and
                    (B) in subsection (c)(9)--
                            (i) by striking ``encourage'' and inserting 
                        ``require, to the extent practicable,'';
                            (ii) by inserting ``and following'' after 
                        ``youth prior to''; and
                            (iii) by inserting ``and that transition 
                        plans are in place'' before the semicolon at 
                        the end;
            (2) in section 1416(4), by inserting ``and the development 
        and implementation of transition plans'' before the semicolon 
        at the end;
            (3) in section 1423--
                    (A) by striking paragraph (4) and inserting the 
                following:
            ``(4) a description of the activities that the local 
        educational agency will carry out to facilitate the successful 
        transition of children and youth in locally operated 
        institutions for neglected and delinquent children and other 
        correctional institutions into schools served by the local 
        education agency or, as appropriate, into career and technical 
        education and postsecondary education programs, including 
        support services to help ensure the success of those children 
        and youth after leaving an institution, such as--
                    ``(A) personal, career, and academic counseling;
                    ``(B) placement services designed to place those 
                youth in a university, college, or community college 
                program, including academic evaluations;
                    ``(C) information concerning, and assistance in 
                obtaining, available student financial aid; and
                    ``(D) job placement services;''; and
                    (B) by striking paragraph (10) and inserting the 
                following:
            ``(10) as appropriate, a description of how the local 
        educational agency will address the needs of children and youth 
        who return from institutions for neglected and delinquent 
        children and youth or from other correctional institutions and 
        attend regular or alternative schools;'';
            (4) in section 1425--
                    (A) in paragraph (10), by striking ``and'' after 
                the semicolon;
                    (B) in paragraph (11), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(12) develop an initial educational services transition 
        plan for each child or youth served under this subpart upon 
        entry into the correctional facility, in partnership with the 
        child's or youth's family members and the local educational 
        agency that most recently provided services to the child or 
        youth (if applicable), consistent with section 1414(a)(1); and
            ``(13) consult with the local educational agency for a 
        period jointly determined necessary by the correctional 
        facility and local educational agency upon discharge from that 
        facility, to coordinate educational services so as to minimize 
        disruption to the child's or youth's achievement.''; and
            (5) by striking section 1426 and inserting the following:

``SEC. 1426. ACCOUNTABILITY.

    ``The State educational agency--
            ``(1) shall require correctional facilities or institutions 
        for neglected or delinquent children and youth to annually 
        report on the number of children and youth released from the 
        correctional facility or institution who returned or did not 
        return to school, the number of children and youth obtaining a 
        high school diploma or its recognized equivalent, and the 
        number of children and youth obtaining employment; and
            ``(2) may require correctional facilities or institutions 
        for neglected and delinquent children and youth to demonstrate, 
        after receiving assistance under this subpart for 3 years, that 
        there has been an increase in the number of children and youth 
        returning to school, obtaining a high school diploma or its 
        recognized equivalent, or obtaining employment after such 
        children and youth are released.''.
    (d) National Program for Technical Assistance.--Section 4121 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7131) is 
amended by adding at the end the following:
    ``(c) National Program for Technical Assistance.--From funds made 
available to carry out this subpart, not more than 5 percent shall be 
made available to the Secretary to provide technical assistance to 
State chief executive officers, State agencies, local educational 
agencies and other recipients of funding under this part to support 
these entities in achieving the goals and outcomes described in this 
part. Such activities for technical assistance may include developing 
comprehensive, evidence-based professional development and training 
programs for relevant school staff and contractors to improve school 
safety and climate for students and staff that may include--
            ``(1) implementation of a school-wide, multi-tiered system 
        of behavioral support, with a continuum of interventions and 
        supports to address the needs of all students;
            ``(2) effective classroom management strategies that 
        recognize appropriate behavior and provide developmentally 
        appropriate conflict resolution practices, incident de-
        escalation techniques and data-based decisionmaking;
            ``(3) crisis management techniques;
            ``(4) effective strategies for asserting authority with 
        adolescents that recognize age-appropriate behavior and provide 
        developmentally appropriate responses;
            ``(5) training in prevention of racial bias and culturally 
        responsive pedagogy, and training on how a student's disability 
        can affect the student's behavior, in accordance with title II, 
        the Individuals with Disabilities Education Act, and section 
        504 of the Rehabilitation Act of 1973;
            ``(6) trauma-informed approaches and interventions, with 
        particular attention to recognizing the signs of trauma;
            ``(7) for schools in need of improvement with high or 
        significantly disparate disciplinary rates based on race, 
        ethnicity, sex (including gender identity), disability, 
        providing technical assistance and support to identify the root 
        causes of such rates or disparities through diagnostic analysis 
        of data or assessing school-wide discipline issues, and 
        implementing evidence-based practices to reduce such rates or 
        disparities;
            ``(8) developing, implementing, and evaluating 
        comprehensive programs and activities, in coordination with 
        other schools and community-based services and programs, rooted 
        in holistic and positive approaches, that encompasses a 
        `strategy or framework' based on positive discipline strategies 
        that limit the use and scope of exclusionary discipline 
        strategies; and
            ``(9) developing guidelines regarding the use of law 
        enforcement in a school setting, and, in particular, 
        distinguishing between incidents to be handled by educators and 
        those to be handled by law enforcement officers.''.
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