I 
113TH CONGRESS 
1ST SESSION H. R. 3153 
To amend the Juvenile Justice and Delinquency Prevention Act of 1974 
to establish the Office of School Discipline Policy, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 19, 2013 
Mr. RICHMOND introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce, and in addition to the Com-
mittee on the Judiciary, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To amend the Juvenile Justice and Delinquency Prevention 
Act of 1974 to establish the Office of School Discipline 
Policy, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Student Disciplinary 
Fairness Act of 2013’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(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 incarcer-
ation of the juvenile students involved. 
(3) Zero-tolerance school discipline policies in-
crease the number of incarcerated juveniles. 
(4) Research shows that juveniles who are in-
carcerated are significantly less likely to complete 
secondary school, experience less human capital de-
velopment 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 with-
in the Office of Juvenile Justice and Delinquency Preven-
tion an Office of School and Discipline Policy (referred 
to in this title as the ‘Office’), headed by a Director ap-
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students who are arrested and incarcerated for viola-
tions 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 de-
scribed in section 601(b). 
‘‘(b) APPLICATION.—A State, unit of local govern-
ment, 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 informa-
tion as the Director may reasonably require. 
‘‘(c) PREFERENCE.—The Director shall give pref-
erence in awarding grants to an applicant that dem-
onstrates that it has, at the time of submitting an applica-
tion, begun to take steps to further the purpose described 
in section 601(b). 
‘‘(d) USES OF FUNDS.—A State, unit of local govern-
ment 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). 
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‘‘SEC. 604. DEFINITIONS. 
‘‘In this title: 
‘‘(1) The term ‘school’ means an elementary 
school or a secondary school as such terms are de-
fined in section 9101 of the Elementary and Sec-
ondary 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 Om-
nibus 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 juve-
nile 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 2014 and 2015 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; 
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(2) in paragraph (11), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (11), the fol-
lowing 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 Con-
stitution and the 4th, 5th, and 14th amend-
ments to the Constitution, including assurances 
that— 
‘‘(i) before a juvenile is arrested, the 
arresting law enforcement officer must 
have probable cause specific to that juve-
nile; 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 pro-
ceedings related to the incident for 
which the juvenile was arrested; 
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‘‘(II) representation by an attor-
ney in any court proceeding as a re-
sult of which the juvenile could face 
incarceration; 
‘‘(III) protections against self-in-
crimination; and 
‘‘(IV) an opportunity to cross-ex-
amine 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 Pre-
vention Act of 1974), could result in incar-
ceration for violations of school rules or 
policies.’’. 
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SEC. 5. AUTHORITY FOR THE ATTORNEY GENERAL TO AC-
CESS CERTAIN RECORDS RELATING TO JUVE-
NILE 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 re-
lating to any matter which the Attorney General is author-
ized to investigate under subsection (a).’’. 
SEC. 6. DEPARTMENT OF EDUCATION GRANT PROGRAM. 
(a) PROGRAM AUTHORIZED.—From the amounts ap-
propriated to carry out this section, the Secretary of Edu-
cation (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 sec-
tion, 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, 
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including information that demonstrates that the eligible 
entity— 
(1) is fully compliant with all applicable Federal 
school discipline data reporting requirements, includ-
ing, if applicable, the reporting requirements of sec-
tion 618 of the Individuals with Disabilities Edu-
cation Act of 1965 (20 U.S.C. 1418(a)); and 
(2) has provided complete information to all ap-
plicable 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 dur-
ing 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 enti-
ty’’ means a State, unit of general local government, 
or juvenile justice agency. 
(2) GENERAL ESEA TERMS.—The terms ‘‘ele-
mentary 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 sec-
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tion 4151 of the Elementary and Secondary Edu-
cation 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 2014 and 2015 to carry out this 
section. 
Æ 
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