I 
118TH CONGRESS 
1ST SESSION H. R. 6202 
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 out-
comes, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 2, 2023 
Ms. PRESSLEY (for herself, Ms. OMAR, Mr. BOWMAN, Ms. BONAMICI, Ms. 
BUSH, Mr. CA´RDENAS, Mr. CARTER of Louisiana, Mrs. CHERFILUS- 
MCCORMICK, Ms. CLARKE of New York, Mr. GRIJALVA, Ms. JACKSON 
LEE, Ms. JAYAPAL, Mr. JOHNSON of Georgia, Ms. KAMLAGER-DOVE, Ms. 
LEE of California, Ms. LEE of Pennsylvania, Ms. OCASIO-CORTEZ, Mr. 
POCAN, Mrs. RAMIREZ, Mr. THANEDAR, Ms. TLAIB, Ms. VELA´ZQUEZ, 
Mrs. WATSON COLEMAN, and Ms. WILSON of Florida) introduced the fol-
lowing bill; which was referred to the Committee on Education and the 
Workforce, and in addition to the Committee on the Judiciary, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To divert Federal funding away from supporting the presence 
of police in schools and toward evidence-based and trau-
ma informed services that address the needs of 
marginalized students and improve academic outcomes, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Counseling Not Crim-
inalization in Schools Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Over the last 50 years, our Nation’s schools 
have become sites for increased criminalization and 
surveillance of young people, particularly Black, Na-
tive American, and Latino students, immigrant stu-
dents, students with disabilities, LGBTQI+ stu-
dents, students experiencing homelessness, students 
involved in the foster care system, and other histori-
cally marginalized students. 
(2) Despite significant decreases in the rate of 
serious crimes and violence on school campuses over 
the past 20 years, improving upon already low rates, 
55 percent of high school students, 38 percent of 
middle school students, and 18 percent of elemen-
tary school students attended a school with a police 
officer during the 2017–2018 school year. 
(3) Since 1999, the Federal Government has in-
vested more than $1,000,000,000 to subsidize the 
placement of police in schools, resulting in more 
than 50,000 law enforcement officers patrolling the 
halls of elementary and secondary public schools 
across the Nation. 
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(4) A growing body of research has not found 
any evidence that police stationed on school cam-
puses make schools safer, and the presence of police 
has been shown to increase the likelihood that chil-
dren will be arrested. 
(5) Research has shown that schools with a des-
ignated law enforcement officer on duty arrested 
students at 5 times the rate of comparable schools 
without such an officer. 
(6) When police are present in schools, students 
of color face an increased risk of being assaulted by 
police. Student-recorded videos of police violence in 
schools regularly circulate through news channels, 
articles, and social media, exposing violence per-
petrated by police within schoolhouse gates. Between 
2011 and 2021, news reports detailed at least 285 
police assaults of students. 
(7) Black, Native American, and Latino stu-
dents are more likely than their White peers to at-
tend schools with police officers on campus and are 
more likely to be referred to law enforcement or ar-
rested while in school. 
(8) Black students represent 31 percent of all 
school-related arrests, despite making up only 15 
percent of all public school students. Native Amer-
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ican and Pacific Islander and Native Hawaiian stu-
dents are more than twice as likely to be arrested as 
White students. 
(9) Students with disabilities are more likely 
than their peers without disabilities to be referred to 
law enforcement or arrested. Students of color with 
disabilities are more likely to be referred to law en-
forcement than either their White peers with disabil-
ities, or their peers of color without disabilities. 
(10) Students with disabilities are also dis-
proportionately restrained and secluded in schools. 
Of the 74,813 students who were physically or me-
chanically restrained during the 2017–2018 school 
year, 78 percent received special education services. 
Of the 27,499 students who were secluded during 
the 2017–2018 school year, 77 percent received spe-
cial education services. According to a 2020 Govern-
ment Accountability Office report, 70 percent of 
school districts report zero incidents of restraint and 
seclusion, but only 30 of the Nation’s 17,000 school 
districts are required to verify the number of inci-
dents of restraint and seclusion, likely resulting in a 
significant undercount of these harmful practices. 
(11) According to the Department of Edu-
cation, while Black girls comprise only 16 percent of 
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girls in elementary and secondary schools, they make 
up 42 percent of girls receiving the most severe 
forms of school discipline and severe punishment, 
such as corporal punishment, and represent 34 per-
cent of girls arrested on campus. In the 2017–2018 
school year, Black girls were 4 times more likely 
than White girls to be suspended or expelled. Black 
girls were also 3 times more likely to be referred to 
law enforcement and over 3 times more likely to be 
arrested in school. 
(12) Research shows that these racial dispari-
ties in discipline rates are not a result of differences 
in student behavior, but instead reflect the ways in 
which students of color face more punitive discipline 
than their White peers for similar behavior. 
(13) Students who are LGBTQI+ often have 
intersecting marginalized identities and experience 
exclusionary discipline at disproportionate rates that 
make it more likely they will interact with the juve-
nile justice system than their non-LGBTQI+ peers. 
A survey of juvenile justice facilities found 40 per-
cent of girls and 20 percent of all detained youth 
identified as LGBTQI+, and the overwhelming ma-
jority (85 percent) of LGBTQI+ detained youth 
were youth of color. 
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(14) Students who are suspended or expelled 
are nearly 3 times more likely to be in contact with 
the juvenile justice system the following year. 
(15) According to the Federal Bureau of Inves-
tigation, more than 30,000 children under the age of 
10 were arrested since 2013. On school campuses, 
more than 290,000 students were referred to law en-
forcement. The United States spends $240 daily, on 
average, per youth detained in juvenile facilities. 
(16) While schools should be sanctuaries for all 
students, reports have shown instances where police 
in schools collect tips and disciplinary information 
from teachers and school administrators and share 
it with U.S. Immigration and Customs Enforcement 
agents to build deportation cases against students 
and their families. 
(17) School hardening, including the presence 
of law enforcement officers on campus, causes stu-
dents to experience higher levels of fear, perpetuates 
the school to prison pipeline, and undermines the 
ability of schools and educators to build learning en-
vironments based on mutual trust, respect, and safe-
ty. 
(18) Ninety percent of students are in public 
schools where the number of counselors, social work-
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ers, nurses, and psychologists do not meet rec-
ommended 
professional 
standards. 
Professional 
standards recommend at least 1 counselor and 1 so-
cial worker for every 250 students and at least 1 
nurse and 1 psychologist for every 750 students and 
every 700 students, respectively. 
(19) 1,700,000 students attend schools with po-
lice but not 1 counselor. 
(20) 3,000,000 students attend schools with po-
lice but not 1 school nurse. 
(21) 6,000,000 students attend schools with po-
lice but not 1 school psychologist. 
(22) 10,000,000 students attend schools with 
police but not 1 social worker. 
SEC. 3. PURPOSE. 
It is the purpose of this Act to— 
(1) address the needs of marginalized students, 
ensure schools are welcoming for students, and im-
prove academic outcomes by eliminating Federal 
funding for maintaining the presence of covered law 
enforcement officers in schools and establishing a 
continuum of care and positive schoolwide systems 
of services that are evidence-based, inclusive, racially 
and gender responsive, and trauma informed; and 
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(2) support local educational agencies that 
choose to terminate their contracts with local law en-
forcement agencies or, where applicable, dissolve or 
disband district-based police departments, and invest 
resources in personnel and services that create safe 
and inclusive schools for all students based on com-
munity engagement and deliberative consultation. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) ESEA TERMS.—The terms ‘‘elementary 
school’’, ‘‘evidence-based’’, ‘‘local educational agen-
cy’’, ‘‘parent’’, ‘‘professional development’’, ‘‘school 
leader’’, ‘‘secondary school’’, ‘‘Secretary’’, and ‘‘spe-
cialized instructional support personnel’’ have the 
meaning given those terms in section 8101 of the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801). 
(2) COVERED
PROGRAM.—The term ‘‘covered 
program’’ means— 
(A) all the operations of an elementary 
school, a secondary school, or a local edu-
cational agency; or 
(B) a program that serves children who re-
ceive services for which financial assistance is 
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provided in accordance with the Head Start Act 
(42 U.S.C. 9831 et seq.). 
(3) CREDIBLE MESSENGER.—The term ‘‘cred-
ible messenger’’ means any individual who serves as 
a mentor, is from the same communities in which 
the students and families they serve live, and whose 
lived experiences serve as a credential in their work 
to provide guidance, empowerment, support, and en-
couragement to students and their families with 
whom the credible messenger has shared or similar 
experiences. Shared experiences include being a per-
son of color, being directly impacted or having in-
volvement in the legal system, having involvement in 
the child welfare system, being directly impacted by 
exclusionary school discipline and policing in schools, 
having experienced housing instability, having a dis-
ability, or identifying as LGBTQI+. 
(4) POSITIVE
BEHAVIORAL
INTERVENTIONS 
AND
SUPPORTS.—The term ‘‘positive behavioral 
interventions and supports’’ means— 
(A) a schoolwide, systematic approach that 
embeds evidence-based practices and data-driv-
en decision making to improve school climate 
and culture in order to achieve improved aca-
demic and social outcomes and increase learn-
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ing for all students (including students with the 
most complex and intensive behavioral needs); 
and 
(B) encompasses a range of systemic and 
individualized positive strategies to teach and 
reinforce school-expected behaviors, while dis-
couraging and diminishing undesirable behav-
iors. 
(5) COVERED LAW ENFORCEMENT OFFICER.— 
The term ‘‘covered law enforcement officer’’— 
(A) means any person who— 
(i) is a State, Tribal, or local law en-
forcement officer (as defined in section 
1204 of the Omnibus Crime Control and 
Safe Streets Act of 1968 (34 U.S.C. 
10284)); and 
(ii) is assigned by the employing law 
enforcement agency to a covered program, 
who is contracting with a covered program, 
or who is employed by a covered program; 
and 
(B) includes an individual referred to as a 
‘‘school resource officer’’ if that individual 
meets the definition in subparagraph (A). 
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(6) TRAUMA-INFORMED SERVICES.—The term 
‘‘trauma-informed services’’ means a service delivery 
approach that— 
(A) recognizes and responds to the impacts 
of trauma with evidence-based supports and 
intervention; 
(B) emphasizes physical, psychological, and 
emotional safety for both providers of services 
and survivors of trauma; and 
(C) creates opportunities for survivors of 
trauma to rebuild a sense of healing and em-
powerment. 
SEC. 5. PROHIBITION OF FEDERAL FUNDS FOR POLICE IN 
SCHOOLS. 
(a) 
FEDERAL
FUNDS
PROHIBITION.—Notwith-
standing the Omnibus Crime Control and Safe Streets Act 
of 1968 (34 U.S.C. 10101 et seq.), including subpart 1 
of part E of title I of that Act (34 U.S.C. 10151 et seq.) 
(relating to the Edward Byrne Memorial Justice Assist-
ance Grant Program) and part Q of title I of that Act 
(34 U.S.C. 13081 et seq.) (relating to the ‘‘Cops on the 
Beat’’ grant program), or any other provision of law, no 
Federal funds may be appropriated or used for hiring, 
maintaining, or training covered law enforcement officers 
in any capacity. 
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(b) COPS GRANT PROGRAM.—Section 1701 of title 
I of the Omnibus Crime Control and Safe Streets Act of 
1968 (34 U.S.C. 10381) is amended— 
(1) in subsection (b)— 
(A) by striking paragraph (12); 
(B) by redesignating paragraphs (13) 
through (23) as paragraphs (12) through (22), 
respectively; and 
(C) in paragraph (21), as so redesignated, 
by striking ‘‘through (21)’’ and inserting 
‘‘through (20)’’; and 
(2) by adding at the end the following: 
‘‘(n) PROHIBITION ON USE OF FUNDS FOR COVERED 
LAW ENFORCEMENT OFFICERS.—A recipient of a grant 
under this part may not use the grant funds for covered 
law enforcement officers (as defined in section 4 of the 
Counseling Not Criminalization in Schools Act).’’. 
SEC. 6. SUPPORTING LOCAL EDUCATIONAL AGENCIES IN 
TRANSITIONING 
AWAY 
FROM 
POLICE 
IN 
SCHOOLS. 
(a) GRANT PROGRAM ESTABLISHED.—The Secretary 
of Education shall award grants, on a competitive and roll-
ing basis, to local educational agencies to enable those 
local educational agencies— 
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(1) to replace covered law enforcement officers 
in elementary and secondary schools with personnel 
and services that support mental health and trauma- 
informed services; and 
(2) to reform school safety and disciplinary 
policies so they reflect evidence-based practices that 
do not rely on the criminal justice system and pro-
vide the necessary staff training and support to im-
plement such policies. 
(b) APPLICATION.—A local educational agency desir-
ing a grant under this section shall submit an application 
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may require, in-
cluding an assurance that— 
(1) the local educational agency will not have 
covered law enforcement officers stationed on school 
campuses, including by terminating any existing con-
tract with local law enforcement or, where applica-
ble, dissolving school district-based police depart-
ments, at least 30 days prior to the entity receiving 
funds under this section; and 
(2) the local educational agency will not estab-
lish any new contract with law enforcement or create 
its own school police department for the duration of 
the grant. 
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(c) PRIORITY.—In awarding grants under this sec-
tion, the Secretary shall give priority to— 
(1) local educational agencies that terminated 
their contract with local law enforcement or dis-
solved their school district-based police department 
prior to submitting an application and provide assur-
ances that the local educational agency will not cre-
ate or restart a contract with State or local law en-
forcement, create or reinstate a school district police 
department, or create or restart a program of other 
law enforcement or armed school personnel during 
the duration of the grant; 
(2) local educational agencies with a larger 
share of students who are economically disadvan-
taged, in the event that funds are insufficient to 
award grants to all eligible applicants; and 
(3) local educational agencies that— 
(A) identify the uses of funds in subsection 
(d) based on meaningful community engage-
ment; and 
(B) establish ongoing stakeholder over-
sight, guidance, and coordination of the pro-
posed activities or policies with a broad group 
of stakeholders, including any groups of stu-
dents, as well as their families, who have been 
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disproportionately arrested, suspended, or ex-
pelled, to ensure proposed activities and policies 
mitigate disparities in the use of exclusionary 
discipline and promote a positive school culture. 
(d) USES OF FUNDS.— 
(1) REQUIRED USE.—A local educational agen-
cy receiving funds under this section shall use such 
grant funds to hire, maintain, or train school coun-
selors, school psychologists, nurses, social workers, 
credible messengers, community health workers and 
trauma-informed personnel, dedicated staff specifi-
cally trained in deescalation and violence interrup-
tion practices, staff trained in anti-bias practices, 
doctoral level specialists in behavior planning and 
intervention, or other specialists or individuals with 
expertise in school climate and behavior. 
(2) PERMITTED USES.—In addition to the re-
quired use described in paragraph (1), a local edu-
cational agency receiving funds under this section 
may also use grant funds to carry out 1 or more of 
the following: 
(A) Implementing schoolwide positive be-
havioral interventions and supports, restorative 
justice programs and interventions, mediators, 
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social and emotional learning programs, or 
other evidence-based trauma-informed services. 
(B) Providing ongoing professional devel-
opment to teachers, teacher assistants, school 
leaders, counselors, specialized instructional 
support personnel, credible messengers, and 
mental health professionals that— 
(i) fosters safe, inclusive, and stable 
learning environments that support the so-
cial, emotional, mental, and academic well- 
being of students and prevent and mitigate 
the effects of trauma, including through 
social and emotional learning; 
(ii) improves school capacity to iden-
tify, refer, and provide services to students 
in need of trauma support services; 
(iii) reflects the best practices for 
trauma-informed identification, referral, 
and support developed by the Interagency 
Task Force on Trauma-Informed Care; 
(iv) reduces the number of students 
with disabilities experiencing school dis-
cipline for their disability-related behavior 
through specific training on the identifica-
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tion, development, and implementation of 
Behavior Intervention Plans (BIPs); and 
(v) reduces the number of Black, 
Latino, Native American, and LGBTQI+ 
students who are subjected to punitive dis-
cipline practices rather than trauma-in-
formed services and supports. 
(e) PROHIBITION.—No portion of any grant funds 
awarded under this section may be used for— 
(1) the development, establishment, implemen-
tation, or enforcement of punitive school discipline 
policies, including the commission, contracting of, or 
agreements with, law enforcement that support the 
presence of police in schools, including formal or in-
formal partnerships or data and information sharing 
agreements with the Department of Justice or Sec-
retary of Homeland Security, including U. S. Immi-
gration and Customs Enforcement or U. S. Customs 
and Border Protection; 
(2) the purchase, maintenance, or installation 
of surveillance equipment or programs, including 
metal detectors, surveillance cameras, facial recogni-
tion technology, or software programs that monitor 
or mine the social media use or technology use of 
students; or 
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(3) arming teachers, principals, school leaders, 
or other school personnel. 
(f) GRANT AMOUNTS.—The amount of grant funds 
received under this section by a local educational agency 
shall be based on the number of students enrolled in the 
local educational agency. 
(g) REPORTING.— 
(1) IN GENERAL.—Each local educational agen-
cy receiving a grant under this section shall prepare 
and submit an annual report to the Secretary con-
taining the information described in paragraph (2). 
Such report shall be made publicly available. 
(2) CONTENTS.—Subject to paragraph (3), the 
report described in paragraph (1) shall include infor-
mation about— 
(A) how the grant funds were used; 
(B) the number and percentage of students 
who were arrested by or referred to law enforce-
ment officers in the previous year compared to 
the number and percentage arrested or referred 
during the term of the grant; 
(C) in the aggregate, the reasons for those 
arrests; 
(D) demographic data of students arrested 
or 
referred 
to 
law 
enforcement 
officers, 
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disaggregated and cross-tabulated by race, eth-
nicity, age, gender, status as a child with a dis-
ability, and whether the student is eligible for 
a free or reduced price lunch under the Richard 
B. Russell National School Lunch Act (42 
U.S.C. 1751 et seq.); 
(E) the number of metal detectors and 
surveillance cameras used by each school served 
by the local educational agency, as well as poli-
cies governing the use of these devices; 
(F) whether facial recognition technology 
is used by the local educational agency, and if 
so, the policies governing the use of such tech-
nology; and 
(G) whether software programs that mon-
itor or mine the social media use or technology 
use of students or the families of students are 
used by, or at the direction of, the local edu-
cational agency, and if so, the contract with the 
provider of those software programs as well as 
the policies governing the use of such programs. 
(3) 
PERSONALLY
IDENTIFIABLE
INFORMA-
TION.—Collection or disaggregation of information 
shall not be required under subparagraphs (B) 
through (D) of paragraph (2) to the extent that 
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such collection or disaggregation would reveal per-
sonally identifiable information about an individual 
student or otherwise violate privacy laws. 
(h) SUPPLEMENT NOT SUPPLANT.—A local edu-
cational agency shall use Federal funds received under this 
section only to supplement the funds that would, in the 
absence of such Federal funds, be made available from 
State and local sources for the activities described in sub-
section (d), and not to supplant such funds 
(i) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$5,000,000,000. 
Æ 
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