H.R. 2739 — Counseling Not Criminalization in Schools Act

This section sets forth 18 congressional findings on the criminalization and surveillance of students in schools, particularly Black, Native American, Latino, immigrant, disabled, LGBTQI+, homeless, and foster care students, including that 55 percent of high school students, 38 percent of middle school students, and 18 percent of elementary students attended schools with police officers in the 2017–2018 school year despite declining serious crime rates; the federal government has invested over $1 billion since 1999, resulting in over 50,000 school police officers; schools with police arrest students at five times the rate of comparable schools without; Black students account for 31 percent of school-related arrests despite comprising 15 percent of enrollment; and 90 percent of students attend public schools not meeting recommended ratios of 1 counselor or social worker per 250 students.

This section declares the purposes of the Act to be (1) eliminating federal funding for covered law enforcement officers in schools, while establishing evidence-based, inclusive, racially and gender-responsive, trauma-informed systems of services to address marginalized students' needs, ensure welcoming schools, and improve academic outcomes; and (2) supporting local educational agencies that terminate contracts with local law enforcement or disband district-based police departments, enabling investment in community-engaged personnel and services for safe, inclusive schools.

This section establishes definitions for terms used in the Act, incorporating the meanings given in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) for elementary school, evidence-based, local educational agency, parent, professional development, school leader, secondary school, Secretary, and specialized instructional support personnel. The section further defines (1) covered program as all operations of an elementary school, secondary school, or local educational agency, or a program serving children receiving Head Start Act services (42 U.S.C. 9831 et seq.); (2) credible messenger as a mentor from the same communities as the students and families served, with shared lived experiences such as involvement in the legal or child welfare systems, exclusionary school discipline, housing instability, disability, or identifying as LGBTQI+; (3) positive behavioral interventions and supports as a schoolwide, data-driven approach using evidence-based practices to improve school climate, teach expected behaviors, and address complex behavioral needs; (4) covered law enforcement officer as a State, Tribal, or local law enforcement officer assigned to, contracting with, or employed by a covered program (including school resource officers meeting this description); and (5) trauma-informed services as an evidence-based approach recognizing trauma impacts, prioritizing safety for providers and survivors, and promoting healing and empowerment.

This section prohibits the appropriation or use of federal funds for hiring, maintaining, or training covered law enforcement officers (as defined in section 4 of the Counseling Not Criminalization in Schools Act), notwithstanding the Edward Byrne Memorial Justice Assistance Grant Program (34 U.S.C. 10151 et seq.), COPS grant program (34 U.S.C. 10381 et seq.), or any other provision of law. The section further amends the COPS grant program—which authorizes grants to states, localities, tribes, and other entities for community-oriented policing activities such as rehiring laid-off officers, hiring and training new officers (including veterans), procuring equipment, and specialized training—by (1) striking paragraph (12) of subsection (b), redesignating paragraphs (13) through (23) as paragraphs (12) through (22), and updating a cross-reference in redesignated paragraph (21); and (2) adding subsection (n) to prohibit use of grant funds for covered law enforcement officers.

This section establishes a competitive, rolling-basis grant program administered by the Secretary of Education for local educational agencies (LEAs) to (1) replace covered law enforcement officers in elementary and secondary schools with mental health and trauma-informed personnel and services and (2) reform school safety and disciplinary policies to evidence-based practices independent of the criminal justice system, including required staff training and support. To receive funds, LEAs must assure termination of any law enforcement presence on campuses (via contract cancellation or dissolution of school police departments) at least 30 days prior to funding and no new contracts or departments during the grant period. Grant priority is given to (1) LEAs that already ended such arrangements with assurances against reinstatement, (2) LEAs with higher proportions of economically disadvantaged students if funds are limited, and (3) LEAs using community engagement and stakeholder oversight (including disproportionately affected students and families) to design activities mitigating exclusionary discipline disparities. Grant funds must be used to hire, maintain, or train specified personnel (e.g., counselors, psychologists, social workers, de-escalation specialists, anti-bias trainers) and may also support evidence-based programs such as positive behavioral interventions, restorative justice, social-emotional learning, or professional development on trauma-informed care (including for students with disabilities and to reduce punitive discipline of Black, Latino, Native American, and LGBTQI+ students). Funds are prohibited for punitive discipline policies or law enforcement partnerships (including data-sharing with DOJ or DHS), surveillance equipment, or arming school personnel. Grant amounts are based on LEA student enrollment, with grantees required to report on implementation.