Student Disciplinary Fairness Act of 2017

Summary: Student Disciplinary Fairness Act of 2017 This bill amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish within the Department of Justice (DOJ) an Office of School and Discipline Policy to reduce the number of juveniles who are incarcerated and develop a criminal history based on activity that occurs at school. The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require applicants for grants under the Community Oriented Policing Services program to provide assurances that the administration of juvenile justice in their jurisdictions is consistent with constitutional guarantees, including due process and equal protection, and that probation terms for a juvenile meet certain conditions. It amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize DOJ to issue subpoenas during investigations of law enforcement agencies for alleged patterns or practices of conduct that violate constitutional rights. Finally, the bill directs the Department of Education's Office of Civil Rights to make grants to states, local governments, and juvenile justice agencies to train teachers and administrators on de-escalation techniques to mitigate delinquent student behavior. 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Disciplinary Fairness Act of 
2017''.

SEC. 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.

SEC. 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:

                  ``TITLE VI--SCHOOL DISCIPLINE POLICY

``SEC. 601. ESTABLISHMENT OF OFFICE.

    ``(a) In General.--There is hereby established within the Office of 
Juvenile Justice and Delinquency Prevention an Office of School and 
Discipline Policy (referred to in this title as the `Office'), headed 
by a Director appointed by the Administrator of the Office of Juvenile 
Justice and Delinquency Prevention.
    ``(b) Purpose.--The purpose of the Office shall be to reduce the 
number of juveniles who are incarcerated and develop a criminal record 
based on activity that occurs while the juvenile is at school.

``SEC. 602. DUTIES.

    ``The Office shall--
            ``(1) collect and publish data, in collaboration with the 
        Office for Civil Rights of the Department of Education, 
        relating to the arrest and incarceration of juvenile students 
        for violations of school rules or policies;
            ``(2) work with States, units of local government, local 
        educational agencies, and non-governmental organizations in 
        order to expand the use of alternatives to detention and 
        incarceration programming in schools in order to reduce the 
        number of juvenile students who are arrested and incarcerated 
        for violating school rules or policies; and
            ``(3) collect and publish data, in collaboration with the 
        Office of Justice Programs, relating to the relationship 
        between the presence of a school resource officer at a school 
        and the rate of juvenile students who are arrested and 
        incarcerated for violations of school rules or policies.

``SEC. 603. SCHOOL DISCIPLINE POLICY GRANT PROGRAM.

    ``(a) Grants Authorized.--The Director may make grants to States, 
units of local government, and local educational agencies in order to 
further the purpose described in section 601(b).
    ``(b) Application.--A State, unit of local government, or local 
educational agency seeking a grant under this section shall submit an 
application to the Director at such time, in such manner, and 
containing such information as the Director may reasonably require.
    ``(c) Preference.--The Director shall give preference in awarding 
grants to an applicant that demonstrates that it has, at the time of 
submitting an application, begun to take steps to further the purpose 
described in section 601(b).
    ``(d) Uses of Funds.--A State, unit of local government or local 
educational agency that receives a grant under this section shall use 
such funds for programs that reduce the rate of juvenile students who 
are arrested and incarcerated for violations of school rules or 
policies, and any other activity that the Director determines will 
further the purpose described in section 601(b).

``SEC. 604. DEFINITIONS.

    ``In this title:
            ``(1) The term `school' means an elementary school or a 
        secondary school as such terms are defined in section 9101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            ``(2) The term `school resource officer' has the meaning 
        given such term in section 1709 of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8).
            ``(3) The term `local educational agency' has the meaning 
        given such term in section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
            ``(4) The term `juvenile student' means a juvenile who is 
        enrolled in school.

``SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated such sums as may be 
necessary for fiscal years 2017 and 2018 to carry out this title.''.

SEC. 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.''.

SEC. 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).''.

SEC. 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 2017 and 
2018 to carry out this section.