Title: ABCs in School Discipline Act
Policy area: Education

Summary:
Asserting Basic Common-sense Coordination in School Discipline Act or the ABCs in School Discipline Act
This bill amends the Elementary and Secondary Education Act of 1965 to prevent state and local educational agencies that receive certain federal funds from implementing a policy that discourages: (1) schools from reporting a disciplinary action to law enforcement, or (2) law enforcement from making certain arrests.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2618 Introduced in Senate (IS)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Asserting Basic Common-sense 
Coordination in School Discipline Act'' or the ``ABCs in School 
Discipline Act''.

SEC. 2. ENSURING EFFECTIVE COMMUNICATION AND COOPERATION BETWEEN 
              SCHOOLS AND LAW ENFORCEMENT AGENCIES.

    (a) Restriction Regarding Disciplinary Plans.--Section 4104 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114) is 
amended by adding at the end the following:
    ``(d) Restriction Regarding Disciplinary Plans.--Nothing in this 
section shall be construed to authorize a State educational agency or 
local educational agency to use any funds made available under this 
subpart to develop or implement a discipline policy that discourages 
schools from reporting any disciplinary action to law enforcement 
agencies, or discourages law enforcement agencies from arresting an 
individual, for--
            ``(1) any misdemeanor crime of domestic violence;
            ``(2) harassing, stalking, or threatening an intimate 
        partner, or engaging in other conduct that would place an 
        intimate partner in reasonable fear of bodily injury;
            ``(3) any crime that is punishable by imprisonment for a 
        term exceeding 1 year;
            ``(4) any crime related to being a fugitive from justice;
            ``(5) unlawful possession of a firearm; or
            ``(6) exhibiting verbal or physical threatening behavior 
        towards others, including--
                    ``(A) acts of violence resulting in expulsion from 
                school;
                    ``(B) threats involving firearms or other weapons; 
                or
                    ``(C) other actions resulting in a reasonable fear 
                of bodily injury.''.
    (b) Rule of Construction.--Section 4108 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7118) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``Subject to'' and inserting the following:
    ``(a) In General.--Subject to''; and
            (2) by adding at the end the following:
    ``(b) Rule of Construction.--Nothing in this section shall be 
construed to--
            ``(1) prevent Federal, State, or local law enforcement 
        agencies from detaining or arresting an individual who could 
        otherwise be detained or arrested for an alleged violent 
        offense; or
            ``(2) otherwise interfere with a Federal, State, or local 
        law enforcement agency's discretion to investigate legitimate 
        threats to school safety.''.
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