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 outcomes, 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, Education, Labor, and Pensions 

A BILL 

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 outcomes, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Counseling Not Crim5 inalization in Schools Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Over the last 50 years, our Nation’s schools 

2 have become sites for increased criminalization and 

3 surveillance of young people, particularly Black, Na4 tive American, and Latinx students, immigrant stu5 dents, students with disabilities, LGBTQ+ students, 

6 students experiencing homelessness, students in7 volved in the foster care system, and other histori8 cally marginalized students. 

9 (2) Despite significant decreases in the rate of 

10 serious crimes and violence on school campuses over 

11 the past 20 years, improving upon already low rates, 

12 67 percent of high school students, 45 percent of 

13 middle school students, and 19 percent of elemen14 tary school students attend a school with a police of15 ficer. 

16 (3) Since 1999, the Federal Government has in17 vested more than $1,000,000,000 to subsidize the 

18 placement of police in schools, resulting in roughly 

19 46,000 school resource officers patrolling the halls of 

20 elementary and secondary public schools across the 

21 Nation. 

22 (4) A growing body of research has not found 

23 any evidence that school resource officers make 

24 schools safer, and school resource officers have been 

25 shown to increase the likelihood that children will be 


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1 arrested, often by the school resource officer while 

2 on campus. 

3 (5) Research has shown that schools with a des4 ignated school law enforcement officer on duty ar5 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 per12 petrated by police within schoolhouse gates. 

13 (7) Black, Native American, and Latinx stu14 dents are more likely than their White peers to at15 tend schools with police officers on campus and are 

16 more likely to be referred to law enforcement or ar17 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. 


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1 (9) Students with disabilities are more likely 

2 than their peers without disabilities to be referred to 

3 law enforcement or arrested. Students of color with 

4 disabilities are more likely to be referred to law en5 forcement than either their White peers with disabil6 ities, or their peers of color without disabilities. 

7 These students are also disproportionately restrained 

8 and secluded in schools. Of the 87,000 students who 

9 were restrained during the 2015–2016 school year, 

10 71 percent received special education services and 27 

11 percent of students restrained were Black. 

12 (10) According to the Department of Edu13 cation, while Black girls comprise only 16 percent of 

14 girls in elementary and secondary schools, they make 

15 up 42 percent of girls receiving the most severe 

16 forms of school discipline and severe punishment, 

17 such as corporal punishment, and represent 34 per18 cent of girls arrested on campus. 

19 (11) Research shows that these racial dispari20 ties in discipline rates are not a result of differences 

21 in student behavior but instead reflect the ways in 

22 which students of color face more punitive discipline 

23 than their White peers for similar behavior. 

24 (12) Students who are LGBTQ+ often have 

25 intersecting marginalized identities and experience 


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1 exclusionary discipline at disproportionate rates that 

2 make it more likely they will interact with the juve3 nile justice system than their non-LGBTQ+ peers. 

4 (13) Students who are suspended or expelled 

5 are nearly threefold more likely to be in contact with 

6 the juvenile justice system the following year. 

7 (14) According to the Federal Bureau of Inves8 tigation, more than 30,000 children under the age of 

9 10 were arrested since 2013. On school campuses, 

10 more than 290,000 students were referred to law en11 forcement. The United States spends $240 daily, on 

12 average, per youth detained in juvenile facilities. 

13 (15) While schools should be sanctuaries for all 

14 students, reports have shown instances where school 

15 resource officers collect tips and disciplinary infor16 mation from teachers and school administrators and 

17 share it with U.S. Immigration and Customs En18 forcement agents to build deportation cases against 

19 students and their families. 

20 (16) School hardening, including the presence 

21 of school resource officers on campus, causes stu22 dents to experience higher levels of fear, perpetuate 

23 the school to prison pipeline, and undermine the 

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1 vironments undergirded by mutual trust, respect, 

2 and safety. 

3 (17) Ninety percent of students are in public 

4 schools where the number of counselors, social work5 ers, nurses, and psychologists do not meet rec6 ommended professional standards. Professional 

7 standards recommend at least 1 counselor and 1 so8 cial worker for every 250 students and at least 1 

9 nurse and 1 psychologist for every 750 students and 

10 every 700 students, respectively. 

11 (18) 1,700,000 students attend schools with po12 lice but not 1 counselor. 

13 (19) 3,000,000 students attend schools with po14 lice but not 1 school nurse. 

15 (20) 6,000,000 students attend schools with po16 lice but no school psychologists. 

17 (21) 10,000,000 students attend schools with 

18 police but no social workers. 

19 SEC. 3. PURPOSE. 

20 It is the purpose of this Act to— 

21 (1) address the needs of marginalized students, 

22 ensure schools are welcoming for students, and im23 prove academic outcomes by eliminating Federal 

24 funding for school-based law enforcement and estab25 lishing a continuum of care and positive schoolwide 


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1 systems of services that are evidence-based, inclu2 sive, racially and gender responsive, and trauma in3 formed; and 

4 (2) support local educational agencies that 

5 choose to terminate their contracts with local law en6 forcement agencies or, where applicable, dissolve or 

7 disband district-based police departments, and invest 

8 resources in personnel and services that create truly 

9 safe and inclusive schools for all students based on 

10 community engagement and deliberative consulta11 tion. 

12 SEC. 4. DEFINITIONS. 

13 In this Act: 

14 (1) ESEA TERMS.—The terms ‘‘elementary 

15 school’’, ‘‘evidence-based’’, ‘‘local educational agen16 cy’’, ‘‘parent’’, ‘‘professional development’’, ‘‘school 

17 leader’’, ‘‘secondary school’’, ‘‘Secretary’’, and ‘‘spe18 cialized instructional support personnel’’ have the 

19 meaning given those terms in section 8101 of the 

20 Elementary and Secondary Education Act of 1965 

21 (20 U.S.C. 7801). 

22 (2) POSITIVE BEHAVIOR INTERVENTION AND

23 SUPPORT.—The term ‘‘positive behavior intervention 

24 and support’’ means using a systematic and eviVerDate Sep 11 2014 18:00 Aug 11, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4360.IS S4360

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1 dence-based approach to achieve improved academic 

2 and social outcomes for students. 

3 (3) SWORN LAW ENFORCEMENT OFFICER.—The 

4 term ‘‘sworn law enforcement officer’’ means any 

5 person who— 

6 (A) has the power to detain, arrest, issue 

7 a citation, perform a custodial investigation, or 

8 refer a person to criminal or juvenile court; or 

9 (B) is considered under State law to meet 

10 the definition of law enforcement. 

11 (4) TRAUMA-INFORMED SERVICES.—The term 

12 ‘‘trauma-informed services’’ means a service delivery 

13 approach that— 

14 (A) recognizes and responds to the impacts 

15 of trauma with evidence-based supports and 

16 intervention; 

17 (B) emphasizes physical, psychological, and 

18 emotional safety for both providers of services 

19 and survivors of trauma; and 

20 (C) creates opportunities for survivors of 

21 trauma to rebuild a sense of healing and em22 powerment. 


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1 SEC. 5. PROHIBITION OF FEDERAL FUNDS FOR POLICE IN 

2 SCHOOLS. 

3 (a) FEDERAL FUNDS PROHIBITION.—Notwith4 standing the Omnibus Crime Control and Safe Streets Act 

5 of 1968 (34 U.S.C. 10101 et seq.), including subpart 1 

6 of part E of title I of that Act (34 U.S.C. 10151 et seq.) 

7 (relating to the Edward Byrne Memorial Justice Assist8 ance Grant Program) and part Q of title I of that Act 

9 (34 U.S.C. 13081 et seq.) (relating to the ‘‘Cops on the 

10 Beat’’ grant program), or any other provision of law, no 

11 Federal funds may be appropriated or used for hiring, 

12 maintaining, or training sworn law enforcement officers 

13 to be used or employed in elementary or secondary schools, 

14 preschools, or programs based in elementary or secondary 

15 schools 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 (C) in paragraph (21), as so redesignated, 

25 by striking ‘‘through (21)’’ and inserting 

26 ‘‘through (20)’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(n) PROHIBITION ON USE OF FUNDS FOR SWORN

3 LAW ENFORCEMENT OFFICERS.—A recipient of a grant 

4 under this part may not use the grant funds for sworn 

5 law enforcement officers who operate in and around ele6 mentary and secondary schools.’’. 

7 SEC. 6. SUPPORTING LOCAL EDUCATIONAL AGENCIES IN 

8 TRANSITIONING AWAY FROM POLICE IN 

9 SCHOOLS. 

10 (a) GRANT PROGRAM ESTABLISHED.—The Secretary 

11 of Education shall award grants, on a competitive and roll12 ing basis, to local educational agencies to enable those 

13 local educational agencies— 

14 (1) to replace sworn law enforcement officers in 

15 elementary and secondary schools with personnel 

16 and services that support mental health and trauma17 informed services; and 

18 (2) to reform school safety and disciplinary 

19 policies so they reflect evidence-based practices that 

20 do not rely on the criminal justice system and pro21 vide the necessary staff training and support to im22 plement such policies. 

23 (b) APPLICATION.—A local educational agency desir24 ing a grant under this section shall submit an application 

25 to the Secretary at such time, in such manner, and conVerDate Sep 11 2014 18:00 Aug 11, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4360.IS S4360

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1 taining such information as the Secretary may require, in2 cluding an assurance that— 

3 (1) the local educational agency will terminate 

4 any existing contract with local law enforcement or, 

5 where applicable, dissolve school district-based police 

6 departments, at least 30 days prior to the entity re7 ceiving funds under this section; and 

8 (2) the local educational agency will not estab9 lish any new contract with law enforcement or create 

10 its own school police department for the duration of 

11 the grant. 

12 (c) PRIORITY.—In awarding grants under this sec13 tion, the Secretary shall give priority to— 

14 (1) local educational agencies that terminated 

15 their contract with all law enforcement or disbanded 

16 their school district police department prior to sub17 mitting an application and provide assurances that 

18 the local educational agency will not create or re19 start a contract with State or local law enforcement, 

20 create or reinstate a school district police depart21 ment, or create or restart a program of other armed 

22 school personnel during the duration of this grant; 

23 (2) local educational agencies with a larger 

24 share of students who are economically disadvanVerDate Sep 11 2014 18:00 Aug 11, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4360.IS S4360

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1 taged, in the event that funds are insufficient to 

2 award grants to all eligible applicants; and 

3 (3) local educational agencies that identify the 

4 uses of funds in subsection (d) based on meaningful 

5 community engagement and deliberative consulta6 tion. 

7 (d) USES OF FUNDS.—A local educational agency re8 ceiving funds under this section shall use such grant funds 

9 to carry out 1 or more of the following: 

10 (1) Hiring or training school counselors, school 

11 psychologists, nurses, or social workers, community 

12 health workers and trauma-informed personnel, 

13 dedicated staff specifically trained in deescalation 

14 and violence interruption practices, staff trained in 

15 anti-bias practices, doctoral level specialists in be16 havior planning and intervention, or other specialists 

17 or individuals with expertise in school climate and 

18 behavior. 

19 (2) Implementing schoolwide positive behavior 

20 interventions and supports, restorative justice pro21 grams and interventions, mediators, social and emo22 tional learning programs, or other evidence-based 

23 trauma-informed services. 

24 (3) Providing professional development to 

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1 selors, specialized instructional support personnel, 

2 and mental health professionals that— 

3 (A) fosters safe, inclusive, and stable learn4 ing environments that support the social, emo5 tional, mental, and academic well-being of stu6 dents and prevent and mitigate the effects of 

7 trauma, including through social and emotional 

8 learning; 

9 (B) improves school capacity to identify, 

10 refer, and provide services to students in need 

11 of trauma support services; 

12 (C) reflects the best practices for trauma13 informed identification, referral, and support 

14 developed by the Interagency Task Force on 

15 Trauma-Informed Care; 

16 (D) reduces the number of students with 

17 disabilities experiencing school discipline for 

18 their disability-related behavior through specific 

19 training on the identification, development, and 

20 implementation of Behavior Intervention Plans 

21 (BIPs); and 

22 (E) reduces the number of Black, Latinx, 

23 Native American, and LGBTQ+ students who 

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1 dence-based, trauma-informed services and sup2 port. 

3 (e) PROHIBITION.—No portion of any grant funds 

4 awarded under this section may be used for— 

5 (1) the development, establishment, implemen6 tation, or enforcement of zero-tolerance school dis7 cipline policies, including the commission, con8 tracting of, or agreements with law enforcement that 

9 support the presence of police in schools, including 

10 formal or informal partnerships or data and infor11 mation sharing agreements with the Department of 

12 Justice or Secretary of Homeland Security, includ13 ing U.S. Immigration and Customs Enforcement or 

14 U.S. Customs and Border Protection; 

15 (2) the purchase, maintenance, or installation 

16 of surveillance equipment, including metal detectors, 

17 facial recognition technology, or software programs 

18 that monitor or mine the social media use or tech19 nology use of students; or 

20 (3) arming teachers, principals, school leaders, 

21 or other school personnel. 

22 (f) GRANT AMOUNTS.—The amount of grant funds 

23 received under this section by a local educational agency 

24 shall be based on the number of students enrolled in the 

25 local educational agency. 


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1 (g) REPORTING.—Each local educational agency re2 ceiving a grant under this section shall prepare and submit 

3 a report to the Secretary containing information about— 

4 (1) how the grant funds were used; 

5 (2) the number of students who were arrested 

6 by or referred to sworn law enforcement officers in 

7 the previous year compared to the number arrested 

8 or referred during the term of the grant; 

9 (3) the reasons for arrests; and 

10 (4) demographic data of students arrested or 

11 referred to sworn law enforcement officers, 

12 disaggregated by race, ethnicity, age, gender, status 

13 as a child with a disability, and socioeconomic sta14 tus. 

15 (h) SUPPLEMENT NOT SUPPLANT.—A local edu16 cational agency shall use Federal funds received under this 

17 section only to supplement the funds that would, in the 

18 absence of such Federal funds, be made available from 

19 State and local sources for the activities described in sub20 section (d), and not to supplant such funds. 

21 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to carry out this section 

23 $2,500,000,000. 

Æ 


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