II 

115TH CONGRESS 

2D SESSION S. 2618 

To amend subpart 1 of part A of title lV of the Elementary and Secondary 

Education Act of 1965 in order to ensure that grant activities do not 

discourage the reporting of violent offenses or interfere with Federal, 

State, or local law enforcement agencies. 

IN THE SENATE OF THE UNITED STATES 

MARCH 22, 2018 

Mr. RUBIO introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend subpart 1 of part A of title lV of the Elementary 

and Secondary Education Act of 1965 in order to ensure 

that grant activities do not discourage the reporting of 

violent offenses or interfere with Federal, State, or local 

law enforcement agencies. 

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 ‘‘Asserting Basic Com5 mon-sense Coordination in School Discipline Act’’ or the 

6 ‘‘ABCs in School Discipline Act’’. 


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•S 2618 IS

1 SEC. 2. ENSURING EFFECTIVE COMMUNICATION AND CO2 OPERATION BETWEEN SCHOOLS AND LAW 

3 ENFORCEMENT AGENCIES. 

4 (a) RESTRICTION REGARDING DISCIPLINARY

5 PLANS.—Section 4104 of the Elementary and Secondary 

6 Education Act of 1965 (20 U.S.C. 7114) is amended by 

7 adding at the end the following: 

8 ‘‘(d) RESTRICTION REGARDING DISCIPLINARY

9 PLANS.—Nothing in this section shall be construed to au10 thorize a State educational agency or local educational 

11 agency to use any funds made available under this subpart 

12 to develop or implement a discipline policy that discour13 ages schools from reporting any disciplinary action to law 

14 enforcement agencies, or discourages law enforcement 

15 agencies from arresting an individual, for— 

16 ‘‘(1) any misdemeanor crime of domestic vio17 lence; 

18 ‘‘(2) harassing, stalking, or threatening an inti19 mate partner, or engaging in other conduct that 

20 would place an intimate partner in reasonable fear 

21 of bodily injury; 

22 ‘‘(3) any crime that is punishable by imprison23 ment for a term exceeding 1 year; 

24 ‘‘(4) any crime related to being a fugitive from 

25 justice; 

26 ‘‘(5) unlawful possession of a firearm; or 


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•S 2618 IS

1 ‘‘(6) exhibiting verbal or physical threatening 

2 behavior towards others, including— 

3 ‘‘(A) acts of violence resulting in expulsion 

4 from school; 

5 ‘‘(B) threats involving firearms or other 

6 weapons; or 

7 ‘‘(C) other actions resulting in a reason8 able fear of bodily injury.’’. 

9 (b) RULE OF CONSTRUCTION.—Section 4108 of the 

10 Elementary and Secondary Education Act of 1965 (20 

11 U.S.C. 7118) is amended— 

12 (1) in the matter preceding paragraph (1), by 

13 striking ‘‘Subject to’’ and inserting the following: 

14 ‘‘(a) IN GENERAL.—Subject to’’; and 

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

16 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec17 tion shall be construed to— 

18 ‘‘(1) prevent Federal, State, or local law en19 forcement agencies from detaining or arresting an 

20 individual who could otherwise be detained or ar21 rested for an alleged violent offense; or 

22 ‘‘(2) otherwise interfere with a Federal, State, 

23 or local law enforcement agency’s discretion to inves24 tigate legitimate threats to school safety.’’. 

Æ 


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