Counseling Not Criminalization in Schools Act
- Bill Number
- H.R. 2739
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Education
- Status
- Introduced
- Latest Action
- 2025-04-08: Referred to the Committee on Education and Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2025-07-21T19:44:15Z
AI-Generated Summary
Purpose of the Legislation
The Counseling Not Criminalization in Schools Act aims to end federal support for police officers in schools by prohibiting such funding and redirecting resources to evidence-based, trauma-informed services. These services focus on supporting marginalized students—such as those who are Black, Native American, Latino, immigrants, with disabilities, LGBTQI+, homeless, or in foster care—to create safer, more inclusive school environments and improve academic outcomes. It encourages community involvement in school safety reforms that prioritize counseling and mental health over criminal justice involvement.
Key Provisions
- Findings Section: Documents issues like the criminalization of students in schools, racial and other disparities in arrests and discipline, lack of evidence that school police improve safety, and shortages of non-police support staff (e.g., 1.7 million students attend schools with police but no counselors).
- Prohibition on Federal Funding: Bans the use of any federal funds for hiring, maintaining, or training "covered law enforcement officers" (e.g., school resource officers or police assigned to schools, including those from local, state, tribal, or school district police departments). This applies to programs like the Edward Byrne Memorial Justice Assistance Grant and the "Cops on the Beat" (COPS) grant.
- Grant Program for Transition: The Secretary of Education awards competitive grants to local educational agencies (LEAs, such as school districts) to:
- Replace police with mental health professionals, counselors, social workers, nurses, psychologists, "credible messengers" (mentors from similar backgrounds as students), and staff trained in de-escalation, anti-bias, or behavior intervention.
- Reform school discipline policies to use evidence-based, non-punitive approaches like restorative justice, positive behavioral interventions (schoolwide strategies to promote positive behavior and reduce undesirable actions), and social-emotional learning.
- Provide professional development for staff on trauma-informed care (approaches that recognize trauma's effects and prioritize safety and empowerment).
- Application and Priorities: LEAs must commit to ending police contracts or departments before receiving funds and avoid new ones during the grant. Priority goes to LEAs that have already removed police, serve high numbers of low-income students, and involve communities (especially affected students and families) in planning.
- Uses and Restrictions on Funds:
- Required: Hire or train support personnel focused on mental health and school climate.
- Permitted: Implement programs like restorative justice or trauma support; train staff to reduce disparities in discipline for students of color, those with disabilities, or LGBTQI+ students.
- Prohibited: Funding punitive policies, surveillance tools (e.g., cameras, metal detectors, social media monitoring), data-sharing with immigration enforcement, or arming school staff.
- Reporting and Oversight: Grantees must submit annual public reports on fund use, arrest/referral rates (disaggregated by race, gender, disability, etc., without violating privacy), and surveillance policies. Funds must supplement, not replace, existing state/local spending.
- Funding: Authorizes $5 billion for the grant program.
Significant Changes to Existing Law
- Amends the Omnibus Crime Control and Safe Streets Act of 1968 (which funds law enforcement grants like COPS and Byrne JAG) to explicitly prohibit using these funds for school police officers.
- Introduces new grant authority under the Department of Education, shifting federal education funding from security-focused to support-service-oriented programs.
- Overrides any conflicting laws by broadly prohibiting federal funds for school police, regardless of the funding source.
Potential Impacts
- On Government Agencies: The Department of Education gains new grant administration duties, potentially increasing workload for awarding and monitoring funds. The Department of Justice (via COPS and Byrne programs) loses flexibility in allocating law enforcement grants to schools, redirecting billions previously spent on over 50,000 school officers. No direct international relations impacts noted.
- On Citizens: Marginalized students may see reduced arrests, referrals to law enforcement, and exclusionary discipline (e.g., suspensions), leading to better mental health support and academic performance. Schools could become less intimidating, fostering trust, but some communities might perceive gaps in immediate security. Overall, aims to lower juvenile justice involvement and costs (e.g., $240 daily per detained youth).
- On Schools and Communities: LEAs transitioning away from police could hire thousands of counselors and support staff to meet professional standards (e.g., one counselor per 250 students), benefiting 90% of public schools currently under-resourced. However, implementation depends on local buy-in and could face resistance in high-crime areas.
Main Stakeholders Affected
- Students and Families: Primarily marginalized groups (e.g., students of color, with disabilities, LGBTQI+, low-income, immigrants, homeless, or in foster care), who face higher risks of arrest, assault, or deportation-linked surveillance in policed schools.
- Local Educational Agencies (LEAs): School districts eligible for grants but required to end police contracts, reform policies, and report data.
- School Personnel: Shifts resources from police to counselors, social workers, nurses, psychologists, and credible messengers; teachers and leaders receive training on trauma-informed practices.
- Law Enforcement Agencies: Local, state, tribal, and school district police lose federal funding and contracts for school assignments, potentially reducing their school presence nationwide.
- Communities and Advocacy Groups: Involved in grant planning and oversight, especially those addressing racial disparities or school-to-prison pipelines (the pathway from school discipline to juvenile justice).
Notable Legal, Constitutional, or Political Implications
- Legal: Imposes conditions on federal spending, which could face challenges under the Spending Clause of the U.S. Constitution if seen as overly coercive on states/localities (e.g., forcing contract terminations). Strengthens anti-discrimination efforts by addressing disparities under laws like the Individuals with Disabilities Education Act (via behavior plans) and civil rights statutes. Reporting requirements enhance transparency but must comply with privacy laws like FERPA (Family Educational Rights and Privacy Act).
- Constitutional: No direct free speech or due process issues, but prohibitions on surveillance and immigration data-sharing could protect students' privacy rights under the Fourth Amendment (against unreasonable searches).
- Political: Sparks debate on school safety—proponents view it as equity-focused reform ending the "school-to-prison pipeline"; opponents may argue it weakens security amid concerns over violence. As a Democratic-led bill (introduced by Reps. Pressley et al.), it aligns with progressive priorities but could divide on federal vs. local control of education and policing. Referred to Education and Workforce and Judiciary Committees, indicating bipartisan scrutiny potential.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Pressley, Ayanna [D-MA-7]
Cosponsors (10)
Rep. Omar, Ilhan [D-MN-5], Rep. Lee, Summer L. [D-PA-12], Rep. Bonamici, Suzanne [D-OR-1], Rep. Casar, Greg [D-TX-35], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Ocasio-Cortez, Alexandria [D-NY-14], Rep. Pocan, Mark [D-WI-2], Rep. Ramirez, Delia C. [D-IL-3], Rep. Thanedar, Shri [D-MI-13], Rep. Tlaib, Rashida [D-MI-12]
Recent Actions
- 2025-04-08: Referred to the Committee on Education and Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-04-08: Referred to the Committee on Education and Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-04-08: Introduced in House
- 2025-04-08: Introduced in House
Bill Versions
- Counseling Not Criminalization in Schools Act — issued 2025-04-08 — PDF (20 pages)