text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Student Disciplinary Fairness Act of 
  2015''.
  
  SEC. 2. FINDINGS.
  
      Congress finds the following:
              (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 incarceration of the juvenile 
          students involved.
              (3) Zero-tolerance school discipline policies increase the 
          number of incarcerated juveniles.
              (4) Research shows that juveniles who are incarcerated are 
          significantly less likely to complete secondary school, 
          experience less human capital development 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 within the Office of 
  Juvenile Justice and Delinquency Prevention an Office of School and 
  Discipline Policy (referred to in this title as the `Office'), headed 
  by a Director appointed by the Administrator of the Office of Juvenile 
  Justice and Delinquency Prevention.
      ``(b) Purpose.--The purpose of the Office shall be to reduce the 
  number of juveniles who are incarcerated and develop a criminal record 
  based on activity that occurs while the juvenile is at school.
  
  ``SEC. 602. DUTIES.
  
      ``The Office shall--
              ``(1) collect and publish data, in collaboration with the 
          Office for Civil Rights of the Department of Education, 
          relating to the arrest and incarceration of juvenile students 
          for violations of school rules or policies;
              ``(2) work with States, units of local government, local 
          educational agencies, and non-governmental organizations in 
          order to expand the use of alternatives to detention and 
          incarceration programming in schools in order to reduce the 
          number of juvenile students who are arrested and incarcerated 
          for violating school rules or policies; and
              ``(3) collect and publish data, in collaboration with the 
          Office of Justice Programs, relating to the relationship 
          between the presence of a school resource officer at a school 
          and the rate of juvenile students who are arrested and 
          incarcerated for violations 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 described in section 601(b).
      ``(b) Application.--A State, unit of local government, 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 information as the Director may reasonably require.
      ``(c) Preference.--The Director shall give preference in awarding 
  grants to an applicant that demonstrates that it has, at the time of 
  submitting an application, begun to take steps to further the purpose 
  described in section 601(b).
      ``(d) Uses of Funds.--A State, unit of local government 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).
  
  ``SEC. 604. DEFINITIONS.
  
      ``In this title:
              ``(1) The term `school' means an elementary school or a 
          secondary school as such terms are defined in section 9101 of 
          the Elementary and Secondary 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 Omnibus 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 juvenile 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;
              (2) in paragraph (11), by striking the period at the end 
          and inserting ``; and''; and
              (3) by inserting after paragraph (11), the following 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 Constitution and the 
                  4th, 5th, and 14th amendments to the Constitution, 
                  including assurances that--
                              ``(i) before a juvenile is arrested, the 
                          arresting law enforcement officer must have 
                          probable cause specific to that juvenile; 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 
                                  proceedings related to the incident for 
                                  which the juvenile was arrested;
                                      ``(II) representation by an 
                                  attorney in any court proceeding as a 
                                  result of which the juvenile could face 
                                  incarceration;
                                      ``(III) protections against self-
                                  incrimination; and
                                      ``(IV) an opportunity to cross-
                                  examine 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 Prevention Act 
                          of 1974), could result in incarceration for 
                          violations of school rules or policies.''.
  
  SEC. 5. AUTHORITY FOR THE ATTORNEY GENERAL TO ACCESS CERTAIN RECORDS 
                RELATING TO JUVENILE 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 relating to any matter which the Attorney General is 
  authorized to investigate under subsection (a).''.
  
  SEC. 6. DEPARTMENT OF EDUCATION GRANT PROGRAM.
  
      (a) Program Authorized.--From the amounts appropriated to carry out 
  this section, the Secretary of Education (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 section, 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, including information that demonstrates 
  that the eligible entity--
              (1) is fully compliant with all applicable Federal school 
          discipline data reporting requirements, including, if 
          applicable, the reporting requirements of section 618 of the 
          Individuals with Disabilities Education Act of 1965 (20 U.S.C. 
          1418(a)); and
              (2) has provided complete information to all applicable 
          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 during 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 entity'' means a 
          State, unit of general local government, or juvenile justice 
          agency.
              (2) General esea terms.--The terms ``elementary 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 section 4151 of the Elementary 
          and Secondary Education 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.
target: Student Disciplinary Fairness Act of 2015 This bill amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish an Office of School and Discipline Policy within the Department of Justice (DOJ). The Office must collect and publish data on the arrests or incarceration of juvenile students for violations of school rules or policies. It must also collaborate with states and local governments to expand alternatives to juvenile detention and incarceration.  The legislation amends the Omnibus Crime Control and Streets Act of 1968 to require state or local governments that apply for public safety and community policing grants to provide assurances that the administration of juvenile justice in their jurisdictions is consistent with constitutional guarantees, including due process and equal protection, and that probation terms for a juvenile meet certain conditions.  This bill amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize DOJ to issue subpoenas during investigations of law enforcement agencies for alleged patterns or practices of conduct that violate constitutional rights.  The Office of Civil Rights of the Department of Education must make grants to states, local governments, and juvenile justice agencies to train elementary and secondary school teachers and administrators on de-escalation techniques to mitigate delinquent student behavior.
feat_title: Student Disciplinary Fairness Act of 2015