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116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-701
======================================================================
SCHOOL SHOOTING SAFETY AND PREPAREDNESS ACT
_______
December 28, 2020.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Scott of Virginia, from the Committee on Education and Labor,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 4301]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and Labor, to whom was referred
the bill (H.R. 4301) to require the Secretary of Education, in
consultation with the Attorney General and the Secretary of
Health and Human Services, to publish an annual report on
indicators of school crime and safety that includes data on
school shootings, and for other purposes, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 4
Committee Action................................................. 4
Committee Views.................................................. 6
Section-by-Section Analysis...................................... 11
Explanation of Amendments........................................ 11
Application of Law to the Legislative Branch..................... 11
Unfunded Mandate Statement....................................... 11
Earmark Statement................................................ 11
Roll Call Votes.................................................. 11
Statement of Performance Goals and Objectives.................... 14
Duplication of Federal Programs.................................. 14
Hearings......................................................... 14
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 14
New Budget Authority and CBO Cost Estimate....................... 14
Committee Cost Estimate.......................................... 15
Changes in Existing Law Made by the Bill, as Reported............ 16
Minority Views................................................... 17
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Shooting Safety and
Preparedness Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Title 18 definitions.--The terms ``firearm'' and
``ammunition'' have the meanings given such terms in section
921 of title 18, United States Code. The term ``large capacity
ammunition feeding device'' has the meaning given such term in
section 921 of title 18, Unites States Code, as in effect on
September 1, 2004.
(2) Mass shooting.--The term ``mass shooting'' means a
shooting during which three or more individuals, not including
the shooter, were injured or killed in one location or in
multiple locations in close proximity.
(3) School.--The term ``school'' means--
(A) an early childhood education program (as defined
in section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003));
(B) an elementary school (as defined in section 8101
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801));
(C) a secondary school (as defined in section 8101 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)); and
(D) an institution of higher education (as defined in
section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002)).
(4) School shooting.--The term ``school shooting''--
(A) means an event or occurrence--
(i) during which one or more individuals were
injured or killed by a firearm; and
(ii) that occurred--
(I) in, or on the grounds of, a
school, even if before or after school
hours;
(II) while the victim was traveling
to or from a regular session at school;
or
(III) while the victim was attending
or traveling to or from an official
school sponsored event; and
(B) does not include an accidental shooting.
SEC. 3. ANNUAL REPORT ON INDICATORS OF SCHOOL CRIME AND SAFETY.
(a) In General.--The Secretary of Education, in consultation with the
Attorney General and the Secretary of Health and Human Services, shall
publish not less frequently than on an annual basis a report on
indicators of school crime and safety. Such report shall be produced by
the National Center for Education Statistics of the Department of
Education in consultation with the Bureau of Justice Statistics of the
Department of Justice. Such report shall include, at a minimum, an
updated version of the information provided in the National Center for
Education Statistics report NCES 2019-047 issued in April 2019, and the
data described in subsections (b) and (d).
(b) Statistics on School Shootings.--In collecting data on school
shootings to be compiled in the annual report described in subsection
(a), the National Center for Education Statistics shall collect at a
minimum the following data annually:
(1) The number of school shootings that have taken place
nationwide.
(2) Of the school shootings described in paragraph (1), the
number that were mass shootings.
(3) Of the school shootings described in paragraph (1), the
number that were suicides.
(4) The number of people killed in each school shooting,
including--
(A) the number of people whose cause of death was
attributable to wound by firearm; and
(B) the number of people having some other cause of
death.
(5) The number of people injured in each school shooting,
including--
(A) the number of people wounded by firearm; and
(B) the number of people injured in some other
manner.
(6) The time of the shooting and whether it occurred during
school hours.
(7) The demographics of each school, including--
(A) the locale code of the school, as determined by
the Secretary of Education; and
(B) student demographic data disaggregated by--
(i) economically disadvantaged students as
compared to students who are not economically
disadvantaged;
(ii) each major racial and ethnic group;
(iii) children with disabilities as compared
to children without disabilities; and
(iv) English proficiency status.
(8) The personal characteristics of each victim in the
shooting, including, at a minimum, the victim's--
(A) age;
(B) gender;
(C) race;
(D) ethnicity; and
(E) nationality.
(9) The personal characteristics of the shooter, including,
at a minimum the shooter's--
(A) age;
(B) gender;
(C) race;
(D) ethnicity;
(E) nationality; and
(F) relationship to the school.
(10) The motivation of the shooter, including any real or
perceived bias based on race, religion, ethnicity, nationality,
or sex (including sexual orientation or gender identity).
(11) How the shooting was stopped, including--
(A) whether the shooter was injured or killed, and if
so, by whom; and
(B) if not, what was the other outcome of the
incident (such as escape, arrest, or suicide).
(12) The number and type of firearms and ammunition that were
used in each shooting, including--
(A) the make and model of the firearm;
(B) the manufacturer of the firearm;
(C) the make and model of the ammunition;
(D) the manufacturer of the ammunition;
(E) whether a large capacity ammunition feeding
device was present at the scene or used during the
shooting; and
(F) the number of rounds of ammunition fired by the
shooter over the course of the shooting.
(13) Where each of the firearms used in each shooting was
obtained and how, including--
(A) whether the firearm was registered; and
(B) whether the firearm was purchased from a licensed
gun dealer or an unlicensed sale.
(14) If the original purchaser was not the shooter, what was,
if any, the original purchaser's relationship to the shooter.
(15) If the original purchaser was not the shooter and the
firearm was obtained from the shooter's home, the gun storage
practices being used in the home, and whether the gun owner was
charged with failing to properly secure his or her firearm.
(16) Whether the school had one or more teachers, as that
term is defined in section 8553 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7943), who were armed, and if
so, whether such armed teacher or teachers stopped the incident
by shooting the shooter.
(17) How long did the shooting last (the approximate elapsed
time between the first and last shots fired).
(18) What was the response time of law enforcement.
(c) Historic Statistics on School Shootings.--The Secretary of
Education shall direct the National Center for Education Statistics--
(1) to collect, to the extent practicable, the data required
in subsection (b) for shootings that occurred before the date
of the enactment of this Act; and
(2) to publish such data as revisions to the most applicable
annual reports on indicators of school crime and safety issued
by the National Center for Education Statistics before the date
of the enactment of this Act.
(d) Safety and Prevention.--In collecting data on school shootings to
be compiled in the annual report described in subsection (a), the
National Center for Education Statistics shall collect, at a minimum,
information on the existence or absence of the following measures at
the time of the shooting at schools where a school shooting occurred in
the previous year:
(1) Physical security measures, including--
(A) building envelopes and interiors designed to
protect occupants from human threats; and
(B) other physical security measures designed to
avert and restrict violence.
(2) Other types of security measures, including measures
designed to preserve open learning environments that positively
influence student behavior.
(3) A communication plan with local law enforcement.
(4) A response plan that includes coordination with local
agencies (law enforcement, fire department, hospitals, etc).
(5) An active shooter response plan (including the use of an
alert system to notify students, faculty, and parents or
guardians).
(6) Any other similar type of safety or prevention measure in
place at the time of the school shooting.
(e) Rule of Construction.--In collecting data on school shootings to
be compiled in the annual report described in subsection (a), any data
disaggregation required by subsection (b) shall not be required in the
case where such disaggregation would reveal personally identifiable
information about any individual.
Purpose and Summary
The purpose of H.R. 4301, the School Shooting Safety and
Preparedness Act, is to direct the U.S. Department of Education
(ED), in consultation with the U.S. Departments of Justice
(DOJ) and Health and Human Services (HHS), to annually collect
and report on indicators of school safety for all school
shootings in prekindergarten through 12th grade (PreK-12)
schools and institutions of higher education. The bill creates
definitions of ``school shooting'' and ``mass shooting'' for
the purpose of the data collection. These would be the first
time these terms would be defined in federal law. The bill
requires that statistics of school shootings to be collected
include the number of people killed, the demographics of the
shooter and victims, and the type of gun and ammunition used,
among others. The bill also requires a historical collection
and reporting of data on prior school shootings.
Committee Action
110TH CONGRESS
On May 15, 2007, the Committee held a hearing on ``Best
Practices for Making College Campuses Safe'' to explore how
higher education institutions can better prepare for mass
casualty events in the wake of the mass shooting at Virginia
Tech University on April 16, 2007. Witnesses included: Steven
J. Healy, President, International Association of Campus Law
Enforcement Administrators (IACLEA) and Director of Department
of Safety, Princeton University; Louann Kennedy, former
Provost, California State University at Northridge; Dr. Dewey
Cornell, Director, Virginia Youth Violence Project, School of
Education at the University of Virginia; and, Jan Walbert,
President, National Association of Student Personnel
Administrators and Vice President for Student Affairs, Arcadia
University.
113TH CONGRESS
On February 27, 2013, the Committee held a hearing entitled
``Protecting Students and Teachers: A Discussion on School
Safety'' which followed the mass school shooting at Sandy Hook
Elementary School in Newtown, Connecticut on December 14, 2012.
The purpose of the hearing was to examine the different facets
from which K-12 schools must approach student safety to prevent
and mitigate violence. At the hearing, the Committee heard from
six witnesses: Bill Bond, School Safety Specialist, National
Association of Secondary School Principals, Paducah, Kentucky;
Mo Canady, Executive Director, National Association of School
Resource Officers, Hoover, Alabama; Brett Bontrager, Senior
Vice President and Group Executive of Stanley Security
Solutions, Stanley Black & Decker; Fredrick Ellis, Director of
Office of Safety and Security, Fairfax County Public Schools,
VA; Vincent Pompei, School Counselor, Val Verde Unified School
District, Perris, CA; and, David Osher, Vice President,
American Institutes for Research, Washington, DC.
115TH CONGRESS
Other Legislative Action
On February 16, 2018, then-Ranking Member Robert C.
``Bobby'' Scott (D-VA) and the other 16 Democratic members of
the Committee requested a hearing on school shootings and
safety. While in direct response to the mass school shooting at
Marjory Stoneman Douglas High School in Parkland, Florida on
February 14, the request was also made in consideration of the
increasing epidemic of school shootings since the Committee
held its last school safety hearing in five years prior.\1\ In
the absence of a hearing, Ranking Member Scott hosted an
unofficial Member forum examining evidenced-based violence
prevention and school safety measures on March 20, 2018.
Panelists included Dr. Dewey G. Cornell, forensic clinical
psychologist and professor of education, University of
Virginia; Dr. Akil E. Ross, Sr., Principal, Chapin High School,
Chapin, SC; and Stacey Lippel, English Teacher and Survivor of
Shooting at Marjory Stoneman Douglas High School, Parkland, FL.
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\1\Letter from Rep. Robert C. ``Bobby'' Scott, Ranking Member, and
16 other Minority Members of the H. Comm. on Educ. & the Workforce, to
Rep. Virginia Foxx, Chairwoman, H. Comm. on Educ. & the Workforce (Feb.
16, 2018) https://edlabor.house.gov/imo/media/doc/2018-02-
16%20Committee%20Democrats%20Request%20Hearing%20on%20School%20Shooting.
pdf
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116TH CONGRESS
On September 11, 2019, the Committee held a hearing
entitled ``The Importance of Trauma-Informed Practices in
Education to Assist Students Impacted by Gun Violence and Other
Adversities''. The Committee examined the different ways trauma
appears in students who experience mass shootings or high
levels of community gun violence. The Committee heard testimony
from: Dr. Nadine Burke Harris, Surgeon General, State of
California; Dr. Ingrida Barker, Associate Superintendent,
McDowell County Schools, Welch, West Virginia; Dr. Janice
Jackson, CEO, Chicago Public Schools, Chicago, IL; and Joy
Hofmeister, State Superintendent of Public Instruction, State
of Oklahoma.
On September 12, 2019, Rep. Tulsi Gabbard (D-HI) introduced
H.R. 4301, the School Shooting Safety and Preparedness Act,
with Reps. Lucy McBath (D-GA) and Jahana Hayes (D-CT) as
original co-sponsors. The bill was referred solely to the
Committee on Education and Labor.
On September 18, 2019, the Committee considered H.R. 4301
in legislative session and reported it favorably, as amended,
to the House of Representatives by a recorded vote of 27-22.
The Committee considered the following amendments to H.R. 4301:
Rep. McBath offered an amendment in the
nature of a substitute to make conforming and technical
changes. The amendment was adopted by a recorded vote.
Ranking Member Virginia Foxx (R-NC) offered
an amendment to the amendment in the nature of a
substitute, representing the minority substitute. The
Foxx amendment struck the definitions and mentions of
school shootings from the bill. The amendment was
defeated by a recorded vote of 22-25.
Committee Views
The United States experiences 36,000 gun-related deaths and
more than 100,000 gun-related injuries on average each year,
translating to about 100 deaths every day.\2\ Unfortunately,
children have not been shielded from this tragic history. Gun
violence is the second-leading cause of death among children
overall and the first-leading cause of death among Black
children.\3\ And while schools should be safe havens where
children are protected from violence, it is a uniquely American
reality that students are injured or killed on their way to and
from school, in school, and at school-hosted events. Since the
Columbine High School massacre in 1999, mass school shootings
have been on the rise. As the Committee discussed during the
hearing on ``The Importance of Trauma-Informed Practices in
Education to Assist Students Impacted by Gun Violence and Other
Adversities'', children in the United States face the
devastating trauma of gun violence more frequently than
anywhere else in the world. From Sandy Hook to Chicago, gun
violence in and around schools is a national crisis that
continues to claim the lives of our students and educators and
deserves Congressional attention.
---------------------------------------------------------------------------
\2\Everytown For Gun Safety, Gun Violence in America (2020),
https://everytownresearch.org/gun-violence-america/.
\3\Centers for Disease Control and Prevention, Web-based Injury
Statistics Query and Reporting System (WISQARS), ``Fatal Injury
Reports,'' last accessed Feb. 20, 2019, https://www.cdc.gov/injury/
wisqars (Calculations include children ages 0-17 and were based on the
most recent available data: 2017).
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Without a concerted response gun violence in schools will
continue to be part of life in American schools. According to
Everytown for Gun Safety, an advocacy organization founded in
response to Sandy Hook which attempts to track gunfire
incidents in schools, 2018 was the worst year for school
shootings since 2013.\4\ The Committee recalls that early in
2018, an announcement by Everytown on the number of school
shootings in 2018 became a fierce topic of partisan debate.\5\
If policymakers do not have agreed upon statistical data about
the nature of the problem of gun violence in schools, there is
little chance of developing solutions to the problem. The
Committee believes H.R. 4301, the School Shooting Safety and
Preparedness Act, is a small but crucial first step in making
sure that a federal response to gun violence in schools is
evidence-based instead of politically expedient.
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\4\Everytown for Gun Safety, Gunfire on School Grounds in the
United States, last accessed Dec. 19, 2020, https://
maps.everytownresearch.org/gunfire-in-school/#ns.
\5\John Woodrow Cox & Steven Rich, No, there haven't been 18 school
shootings in 2018. That number is flat wrong., Wash. Post Feb. 15,
2018, https://www.washingtonpost.com/local/no-there-havent-been-18-
school-shooting-in-2018-that-number-is-flat-wrong/2018/02/15/65b6cf72-
1264-11e8-8ea1-c1d91fcec3fe_story.html.
---------------------------------------------------------------------------
Policymakers can either commit to solving the problem or
use it to advance partisan agendas. The Committee has deep
concerns that the issue of gun violence in schools is
especially susceptible to politicization. When a mass school
shooting occurs, it dominates news cycles and drives rash
policy. And while no one disagrees that these events deserve
attention, they often overshadow the daily incidents of gun
violence that occur in and around schools throughout America.
Until we have comprehensive data on gun violence in America as
proposed in H.R. 4301, we are destined to lurch from one mass
casualty event to another, resulting in the politicization of
the issue.
The Committee has already seen what playing politics with
school shootings looks like. The most recent example occurred
in the wake of the school shooting at Marjory Stoneman Douglas
High School in Parkland, Florida on February 14, 2018, which
took 17 lives.\6\ One month after the tragedy, President Trump
announced the establishment of the Federal Commission on School
Safety (Commission). Chaired by U.S. Secretary of Education
Betsy DeVos, the President tasked the Commission with making
policy recommendations on the issue of school safety and
violence; this charge included everything related to school
climate and safety matters except, puzzlingly, for the role of
guns in gun violence.\7\ Secretary DeVos admitted as much
before the Senate Appropriations Subcommittee on Labor, Health,
and Human Services that studying guns was not a part of the
Commission's charge.\8\ In response, then-Ranking Member Scott
sent a letter to Secretary DeVos requesting clarification on
the discrepancy considering the wide acceptance by school
safety professionals that ``a core element of combatting school
violence is addressing gun violence both in our schools and
communities.''\9\
---------------------------------------------------------------------------
\6\Laurel Wamsley & Richard Gonzales, 17 People Died in the
Parkland Shooting. Here Are Their Names, NPR Feb. 15, 2018, https://
www.npr.org/sections/thetwo-way/2018/02/15/586095587/17-people-died-in-
the-parkland-shooting-here-are-their-names.
\7\The White House, Factsheet, President Donald J. Trump is Taking
Immediate Actions to Secure Our Schools, Mar. 12, 2018 https://
www.whitehouse.gov/briefings-statements/president-donald-j-trump-
taking-immediate-actions-secure-schools/.
\8\Letter from Rep. Robert C. ``Bobby'' Scott, Ranking Member and
16 other Minority Members of the H. Comm. on Educ. & the Workforce, to
The Honorable Betsy DeVos, Secretary, U.S. Dep't of Educ. (June 8,
2018).
\9\Id.
---------------------------------------------------------------------------
Instead, the Commission appeared to focus considerable
attention on the Obama Administration's 2014 School Discipline
guidance package, which was issued to help schools understand
their obligations to administer discipline in schools without
discriminating against students on the basis of race, color, or
national origin, as required under Title VI of the Civil Rights
Act of 1964. Long before the tragedy in Parkland, this guidance
package had been considered a target for rescission by the
Trump Administration.\10\ And almost immediately after the
shooting at Parkland, some Congressional Republicans wrongly
placed blame on the guidance by questioning whether the shooter
evaded police identification as a threat because his school did
not appropriately discipline him.\11\
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\10\Mark Keirleber, Is DeVos Near Ending School Discipline Reform
After Talks on Race, School Safety? The 74 Million. (Nov. 20, 2017),
https://www.the74million.org/article/is-devos-near-ending-school-
discipline-reform-after-talks-on-race-safety/.
\11\E.g., Erica Green, Trump Finds Unlikely Culprit in School
Shootings: Obama Discipline Policies, N.Y. Times A10 (Mar. 14, 2018).
---------------------------------------------------------------------------
This political approach runs counter to that of the Obama-
era discipline guidance package. The 2014 guidance laid out
irrefutable facts: Black students are more than three times as
likely as their white peers to be disciplined.\12\ Students of
color are overrepresented in school suspensions and expulsions.
Black and Latino students make up over half of all school-
related arrests.\13\ Contrary to the dubious research on school
discipline disparities cited in the Commission's report, these
disparities are not a result of more frequent or serious
infractions committed by students of color.\14\ Nor are these
data a result of inherent, temperamental differences between
Black and white children. This false assertion has been
debunked and its use of in a federal report prompted
Congressional requests for the Secretary's resignation.\15\
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\12\U.S. Department of Education, Office for Civil Rights, Dear
Colleague Letter (2014) https://www2.ed.gov/about/offices/list/ocr/
letters/colleague-201401-title-vi.html
\13\Id.
\14\Id.
\15\Bailey Vogt, Katherine Clark calls for Betsy DeVos to resign
for `cherry-picked racist research', Wash. Times (April 1, 2019).
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A Government Accountability Office (GAO) report
substantiated those disparate data points a month after the
shooting at Parkland.\16\ The report found that Black students
accounted for 15.5 percent of all public school students, but
represented about 39 percent of students suspended from
school--an overrepresentation of about 23 percentage
points.\17\ Differences in discipline were particularly large
between Black and White students. Although there were
approximately 17.4 million more White students than Black
students attending K-12 public schools in 2013-14, nearly
176,000 more Black students than White students were suspended
from school that school year.\18\ The guidance package,
grounded in decades of research, was created to help schools
confront those hard facts and the racial bias that perpetuates
them.
---------------------------------------------------------------------------
\16\U.S. Gov't Accountability Off., GAO-18-258, K-12 EDUCATION:
Discipline Disparities for Black Students, Boys, and Students with
Disabilities (2018), https://www.gao.gov/products/GAO-18-258.
\17\Id. at 12-13.
\18\Id. at 13.
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The Marjory Stoneman Douglas shooting was not committed by
a student of color (the little research that exists about
school shootings indicate mass school shooters tend to be white
males, as in this case).\19\ The Commission ultimately
recommended in a federal report to rescind the school
discipline guidance package without any evidence that the
implementation of the guidance causes or contributes to mass
school shootings.\20\ Indeed, earlier this year, the GAO found
no empirical research in the last ten years linking school
discipline practices with mass school shootings.\21\ Three days
after the Commission's recommendation, Secretary DeVos
officially rescinded the guidance, less than one year after the
Parkland shooting.\22\ The Department used a report on school-
targeted shootings, which occur more frequently at schools with
predominantly white student populations, to rescind guidance
designed in part to ensure equitable treatment for students of
color.\23\
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\19\Everytown For Gun Safety, Everytown Research & Policy, last
accessed Dec. 23, 2020, https://everytownresearch.org/stat/70-of-mass-
school-shooters-and-attempted-mass-school-shooters-were-white-males/.
\20\Fed. Comm'n on Sch. Safety, Final Report 72 (2018), https://
www2.ed.gov/documents/school-safety/school-safety-report.pdf.
\21\U.S. Gov't Accountability Off., GAO-20-455, K-12 EDUCATION:
Characteristics of School Shootings https://www.gao.gov/assets/710/
707468.pdf
\22\U.S. Dept's of Educ. & Just., Joint letter rescinding 2014
School Discipline Guidance Package (Dec. 21, 2018) https://www2.ed.gov/
about/offices/list/ocr/letters/colleague-201812.pdf.
\23\See U.S. Gov't Accountability Office GAO-20-455, K-12
EDUCATION: Characteristics of School Shootings 22-23 (2020) (suggesting
that schools with higher minority populations had more school shootings
generally, but schools with lower minority populations had more
``school-targeted'' shootings, the FBI term used to describe shootings
like Columbine, Parkland, or Sandy Hook); see also Letter from Rep.
Robert C. ``Bobby'' Scott, Chrmn., H. Comm. on Educ. & the Workforce,
to The Honorable Betsy DeVos, Secretary, U.S. Dep't of Educ. (Sept. 23,
2020) (``. . . it is unclear why the Department would use a report on
school-targeted shootings, which occur more frequently at schools with
predominantly white student populations, to rescind guidance designed
in part to ensure equitable treatment for students of color.'').
---------------------------------------------------------------------------
When a tragedy occurs that grips the national conscience,
Congress holds hearings in which experts explain the same
research: though even one mass school shooting is one too many,
they are the outlier in a sea of ongoing gun violence in our
communities that surround and permeate school grounds.
Community gun violence is an adverse childhood experience (ACE)
that inflicts trauma and has ripple effects in children's
lives, from their school attendance, academic achievement,
psychological development, and even their lifetime
earnings.\24\ Experts have also shared there are multiple ways
to do due diligence before the legal sale of firearms such as
universal background checks.\25\ But each time, Congressmembers
listen, raise their fists in fury at the perpetrators, and
offer their thoughts and prayers with the victims and a moment
of silence.
---------------------------------------------------------------------------
\24\The Importance of Trauma-Informed Practices in Education to
Assist Students Impacted by Gun Violence and Other Adversities: Hearing
Before the Subcomm. on Early Childhood, Elementary and Secondary Educ.
Of the House Comm. on Educ. & Lab. 116th Cong., (2019) (testimony of
Dr. Nadine Burke Harris, Surgeon General, State of California).
\25\Markup of H.R. 8, the Bipartisan Background Checks Act of 2019:
Markup Hearing Before the H. Comm. on the Judiciary, 116th Cong. (2019)
(opening statement of Chrmn. Jerrold Nadler).
---------------------------------------------------------------------------
It is a moral imperative that instead of playing politics
when these tragedies occur, Congress follows the evidence
offered by the experts to act. H.R. 4301 is a small but crucial
step in that direction of following the evidence. Without
accurate, comparable data over incidents and years, and without
uniform definitions for school shooting and mass school
shooting, we will not be properly equipped to make sound policy
choices. We will continue to do more of what has already been
done: wander aimlessly into prayers instead of evidenced-based
solutions, tripping over the facts into pitfalls of politics
and opinions. Thousands of students all over the country
marched the streets to ask policymakers to pass evidenced-based
solutions to shield them from gun violence.\26\ Parkland
survivor and student activist Emma Gonzalez would not have
called on students to ``fight for your lives before it's
somebody else's job'' if ``thoughts and prayers'' floor
speeches were enough to be responsive to the need.\27\
---------------------------------------------------------------------------
\26\Rebecca Shabad et al., At March for Our Lives, survivors lead
hundreds of thousands in call for change, MSNBC, (Mar. 24, 2018)
https://www.nbcnews.com/news/us-news/march-our-lives-draws-hundreds-
thousands-washington-around-nation-n859716.
\27\Id.
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It is the Committee's hope that just as a hard look at ED's
data on racial discipline disparities drove evidenced-based
policy change, that a federally-recognized data collection on
school shootings will help the country face a more pervasive
problem than the mass school shootings that make headlines that
can spur policy change. They are the daily gun-related violence
incidents that occur before and after school, on the way to or
from school, at school-related events and oftentimes not
committed by students, in communities plagued by inequities and
trauma which are currently invisible. These types of shootings
are actually more prevalent than mass shootings but receive
little attention.\28\ Collecting data brings to the forefront
what we may have otherwise ignored.
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\28\GAO-20-455 at 23.
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H.R. 4301 also directs ED, in consultation with DOJ and
HHS, to annually report on indicators of school safety for
school shootings that occur. This includes statistics on school
shootings, such as the number of shootings, the number of
people killed, demographics of shooters and victims, the
motivation of shooters, types of firearms and ammunition used,
how the firearm was acquired, and more. And to ground this work
in education, it is the Committee's intent that local school
officials use other relevant sources of pre-existing data to
evaluate post-shooting effects on school communities, such as
academic achievement, student and teacher absenteeism, and
indicators of school climate such as discipline and crime
statistics data. By shining a light on how gun violence in
schools actually effects the education of students in those
schools, the Committee expects this robust data collection to
paint a broader, more accurate picture of what gun violence in
American schools looks like, in the hope of providing Congress
with information necessary to enact meaningful policy to reduce
it.
Just a few hours after the markup for H.R. 4301, the same
day, the Gun Violence Prevention Task Force chaired by
Representative Mike Thompson (D-CA) held a Forum on the impact
of gun violence on children. The Task Force, which was
established after the tragedy of Sandy Hook, hosted the
following panelists: Dr. Garen J. Wintemute, M.D., M.P.H., gun
violence researcher at University of California, Davis; Destini
Pilpot of Baltimore Students Demand Action; Ray McMurrey,
Secretary-Treasurer of the American Federation of Teachers
(AFT), Texas; Leslie Boggs, National Parent Teacher Association
(PTA) President; and Col. Edwin C. Roessler, Chief of Police in
Fairfax, Virginia. Rep. McBath attended the forum and posed a
question to Dr. Wintemute about whether data collection would
be a helpful first step in addressing gun violence in schools.
Dr. Wintemute stressed the importance of data collection,
because there are ``very limited data'' regarding shootings and
gun violence in schools and across communities generally. The
Committee believes the data collection required under H.R. 4301
would help Congress address not only mass school shootings but
also violence in our most underserved communities. Conflicts
are rarely confined to just the school or just the community,
so data on school shootings will illuminate community violence
issues as well, an important benefit to H.R. 4301's data
collection. As Rep. Omar said during the markup on H.R. 4301,
if Members of Congress are ``debating the simple notion of
collecting data and what should be included in that data'' it
is difficult to have a constructive debate on how to solve the
underlying issue. With data, Congress can better consider
effective policy solutions.
Though H.R. 4301 is not moving forward in the 116th
Congress, the Committee is hopeful it can remain as part of the
larger conversation to addressing school violence in future
Congresses.
Section-by-Section Analysis
Section 1. Short title
This section states that the title of the bill the ``School
Shooting Safety and Preparedness Act.''
Section 2. Definitions
This section defines the terms ``firearm'' and ammunition''
as such terms are defined in criminal code. It also defines the
term ``large capacity ammunition feeding device'' as such term
was defined in criminal code prior to the expiration of the
assault weapons ban. The section defines the term ``school'' to
be inclusive of educational setting from early childhood
through post-secondary education. It creates new definitions
for the terms ``mass shooting'' and ``school shooting.''
Section 3. Annual report on indicators of school crime and safety
Requires the Secretary of Education, in consultation with
the Attorney General and the Secretary of Health and Human
Services, to annually publish a report on indicators of school
crime and safety. Such report is already produced under
existing authority of the National Center for Education
Statistics, so the effect of this section is to require future
reports to include statistics on school shootings, historic
statistics on school shootings, and data on safety and
prevention.
Explanation of Amendments
The Amendment in the Nature of a Substitute are explained
in the descriptive portions of this report.
Application of Law to the Legislative Branch
H.R. 4301 does not apply to terms and conditions of
employment or to access to public services or accommodations
within the legislative branch.
Unfunded Mandate Statement
The Committee adopts as its own the estimate of federal
mandates regarding H.R. 4301, as amended, prepared by the
Director of the Congressional Budget Office.
Earmark Statement
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 4301 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as described in clauses 9(e), 9(f), and 9(g) of rule
XXI.
Roll Call Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
following roll call votes occurred during the Committee's
consideration of H.R. 4301:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Statement of Performance Goals and Objectives
Pursuant to clause (3)(c) of rule XIII of the Rules of the
House of Representatives, the goals of H.R. 4301 are to direct
the Secretary of Education to collect and report data relevant
to school shootings.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee states that no
provision of H.R. 4301 establishes or reauthorizes a program of
the Federal Government known to be duplicative of another
federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Hearings
For the purposes of section 103(i) of H. Res. 6 for the
116th Congress, the Committee held a legislative hearing
entitled ``The Importance of Trauma-Informed Practices in
Education to Assist Students Impacted by Gun Violence and Other
Adversities'' on September 11, 2019, which was used to consider
H.R. 4301. The Committee heard testimony on the science of
trauma and adverse childhood experiences (ACEs); how gun
violence impacts student mental health and achievement; and how
schools require more resources to mitigate the effects of gun
violence.
The Committee heard testimony from: Dr. Nadine Burke
Harris, Surgeon General of California; Dr. Ingrida Barker,
Associate Superintendent of McDowell County Schools, West
Virginia; Dr. Janice Jackson, CEO of Chicago Public Schools;
and Joy Hofmeister, Oklahoma State Superintendent of Public
Instruction.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee's oversight findings and recommendations are
reflected in the descriptive portions of this report.
New Budget Authority and CBO Cost Estimate
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a) of the
Congressional Budget Act of 1974, and pursuant to clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 402 of the Congressional Budget Act
of 1974, the Committee has received the following estimate for
H.R. 4301 from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 11, 2019.
Hon. Bobby Scott,
Chairman, Committee on Education and Labor,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4301, the School
Shooting Safety and Preparedness Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Leah
Koestner.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 4301 would require the Secretary of Education, in
coordination with the Attorney General and the Secretary of
Health and Human Services, to publish an annual report on
school crime and safety, including statistics on school
shootings.
Based on the cost to prepare similar reports, CBO estimates
that it would cost less than $500,000 each year and $1 million
over the 2020-2024 period to collect data and write the annual
report. Any spending would be subject to the availability of
appropriated amounts.
The CBO staff contact for this estimate is Leah Koestner.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Committee Cost Estimate
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison of the
costs that would be incurred in carrying out H.R. 4301.
However, clause 3(d)(2)(B) of that rule provides that this
requirement does not apply when the committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, H.R. 4301, as reported, are shown as follows:
MINORITY VIEWS
Every Republican Member on this Committee believes all
schools should be safe for our children and any child dealing
with trauma should receive the services necessary to heal, but
that was not the focus of the markup on September 18, 2019.
Instead, the majority brought forward a gun control bill,
introduced only one week prior to the markup. This partisan
legislation, disguised as a data collection bill, was pushed
through the Committee without a single hearing--denying Members
an opportunity to thoroughly review the bill's substance. The
Democrats' own panelist at a school safety forum in March 2018
rightly noted that ``gun safety is not in the purview of this
committee . . .''\1\ This is probably why the majority brought
a bill on statistics that they claimed was about school safety.
Committee Republicans worked to improve this flawed bill by
offering an amendment that would better provide policymakers,
school leaders, families, and other members of the public with
accurate information on school crime and safety indicators from
the relevant federal agencies already collecting this data.
---------------------------------------------------------------------------
\1\Cornell, Dewey G., University of Virginia, PhD, written
statement for the ``Forum on School Safety,'' hosted by Committee
Democrats and Democratic Leadership, House Committee on Education and
the Workforce, March 20, 2018, Page 2.
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H.R. 4301 was crafted to fit the majority's narrative by
creating new definitions of terms and requiring revisions to
past reports. This bill is not about evidence. If it was, then
the discussion would have focused on how the Department of
Education (Department) can be a helpful partner to law
enforcement and health officials in collecting data that all
parties understand and agree is valid and reliable, which the
Republican substitute included. If the majority wanted a
serious discussion on school safety, they could have held a
legislative hearing to gain insight from subject matter experts
and researchers on identifying what data is unnecessary, what
data is useful and already collected, how that data could be
improved, what additional data might be needed, and whether or
not that data collection is feasible. A hearing on this type of
data collection could have also provided an opportunity to talk
and listen to school leaders and parents about what information
they would like to see so they can better inform themselves and
do their part to help schools remain safe. Instead, the
majority rushed a bill through the Committee process that is
flawed in its design and execution.
Confusion in the Field
In expanding current definitions and creating new
definitions, the majority is developing a new collection of
information that will likely cause confusion in the broader
field of research and lead to further debates without the
ability to act on the information. For example, creating a new
definition of ``mass shooting'' or ``school shooting'' is not
simple. Understanding how those or comparable terms are used in
other data collections is important to ensure policymakers can
crosscheck the data for consistency in both data sets.
Otherwise, the same incident could be included in two different
collections but not reported consistently because of differing
definitions. When one data collection reports four victims of a
mass shooting, including the shooter, but another data
collection includes the same incident but reports only three
victims because it does not count the shooter, the data gets
muddled and is unreliable. This bill creates a definition of
``school shooting'' that includes an event or occurrence that
occurred on school grounds even if before or after school
hours, which could capture incidents wholly separate from the
school or school system. When that definition includes
incidents that occurred while a victim was traveling to or from
a regular session at school, the data could include a random
act of violence that is completely separate from the school or
the school system. Without consistent data that experts,
schools, parents, and policymakers generally agree is helpful,
school and community leaders could establish inappropriate
interventions or, worse, could provide parents or students with
a false sense of security or insecurity.
Data Collection Challenges
In addition to concerns about creating new definitions for
data collection purposes, the scope of the data collection is
equally problematic. When the data collection required is
focused just on gun crimes and does not put equal thought or
emphasis to other crimes, such as stabbings or sexual assault,
the data will be skewed to present an inaccurate picture of
what is happening in schools. The over emphasis on gun violence
is detrimental to solving problems impacting school safety. The
Democrats spent a lot of time talking about using the word
``shooting,'' but that actually highlights the flaw in their
proposal. They create new reporting metrics on guns, but never
mention sexual assaults, stabbings, bullying, harassment, or
assaults. These and other issues are some of the things
students and teachers face every day in schools and instead of
picking and choosing which issues the federal government deems
important, or more important, the Republican substitute
amendment required experts to review available data and
determine if it provided an accurate picture of what is
happening in schools. Further, if the available data did not
accurately show what is happening in schools, then the
amendment directs researchers to identify what is needed.
Instead of being singularly focused on gun control, the
Republican substitute amendment was singularly focused on
school safety.
Moving beyond the concerns with the data specific elements
of the bill, the legislation has several flaws in the execution
of the data expected to be collected. Thankfully, the Democrats
corrected some errors in the bill in the amendment in the
nature of a substitute they offered and was adopted, such as
removing the requirement to report the criminal record of the
shooter that indicates a tendency toward violence.
Unfortunately, the Democrats left in other problematic
provisions that a simple call to the Department could have
highlighted as concerns. For instance, the Department cannot
reliably determine how guns were stored or the motivation of
the shooter. The Department also could not determine the
details of how the shooter was stopped beyond reading public
media accounts or accessing police records. Requiring the
Department to collect data they do not currently have,
accessing police records, and creating new definitions are some
of the several areas where simple assistance from experts could
have improved this bill. Even the privacy protections, while
important, were something that should have been discussed
considering that these are low incident events, meaning that
the sample size is so small it would be hard to report anything
that didn't reveal personally identifiable information.
The idea of doing a retroactive collection of all the data
on school shootings in the past is equally concerning, even if
the information required was easily collected every year moving
forward. Had researchers been consulted, the Committee could
have discussed the best way to take a historical look at the
data. Instead of approaching this issue with the diligence it
deserves and at least discussing general feedback from the
office tasked with doing this collection under the bill, the
Democrats moved forward with a requirement to collect data for
shootings that occurred ``before the date of the enactment of
the Act,'' meaning going back to the beginning of time trying
to gather all the objective and subjective data required under
the law. This type of information gathering poses concerns
about data reliability and could cause additional trauma to the
victims of the past events.
Flawed Data Elements
It is also important to point out the flawed firearm-
specific data elements included in the Democrats' bill. The
requirements range from possibly helpful information to law
enforcement to data requirements that are very personally
intrusive in the lives of everyday Americans. For instance,
knowing the weapon and ammunition used in a school shooting
could help police track down a suspect or prevent a future
crime, but it is not likely to help a principal or school board
develop or enforce any particular safety policy. Knowing how a
gun was purchased--whether it was from a licensed gun dealer or
an unlicensed sale--may, again, help law enforcement track down
a suspect, or even help policymakers with jurisdiction over
criminal activity have a better understanding of where problems
may exist in the purchase pipeline, but it does not help
educators keep a school safe. Knowing how a gun was stored or
if the original purchaser of the firearm was not the shooter
but the firearm was obtained from the shooter's home may be of
interest to the police or the state, but the Department
certainly is not best suited to gather that information.
Capturing the motivation of the shooter, including any real or
perceived bias, could help improve measures taken by school
leaders and parents to improve school safety, but as that is
subjective information, it is difficult to include in a data
driven report. The Democrats require the report to include the
demographics of each victim, the demographics of the shooters,
and the relationship to the school of each shooter. This is
likely helpful information to schools and policymakers to
understand who is involved in school shootings, but
policymakers should be leery of drawing any hard conclusions
about who is vulnerable to a possible incident in the future
based on such data.
In addition to the firearm related data, the report must
include data on the existence or absence of prevention measures
at the school which could be helpful information to
policymakers and school leaders and why Republicans included
similar reporting on these topics in the Republican substitute
amendment. The Republican substitute also went one step further
in charging researchers with making recommendations on these
issues if there is sufficient evidence to inform any such
conclusions. The Democrats' bill predetermines the preventive
measures schools should take without encouraging the Department
to evaluate the effectiveness of the preventative measures.
Politics Over Substance
As discussed above, there is no disagreement about whether
data on school safety, including data on gun violence, could be
helpful which is why it is disappointing that the Democrats
took a partisan approach to an inherently nonpartisan issue. If
the Committee held a hearing on this bill, then all members
could have heard from, and engaged in, a productive, data-
driven discussion with real school safety experts. That
testimony could have informed us about what data elements to
collect, what terms to use, and whom to involve in the report.
Instead, the Democrats rushed a gun control bill through under
the guise of ``school safety.''
Data Already Exists
The truth of the matter is that the federal government
already has a significant amount of data on school safety. The
very report that is codified in the bill and the Republican
substitute has been produced for decades and is full of helpful
information on school shootings and, importantly, many other
crime and safety indicators. In fact, the 2018 indicators
report\2\ included data points and analysis, such as:
---------------------------------------------------------------------------
\2\https://nces.ed.gov/programs/crimeindicators/key.asp
---------------------------------------------------------------------------
A total of 38 student, staff, and non-
student school-associated violent deaths occurred
between July 1, 2015, and June 30, 2016, which included
30 homicides, seven suicides, and one legal
intervention death;
Between July 1, 2015, and June 30, 2016,
a total of 18 of the 1,478 homicides of school-age
youth (ages 5-18) occurred at school and during the
same period, three of the 1,941 total suicides of
school-age youth occurred at school;
The percentage of public school teachers
reporting that they had been physically attacked by a
student from their school in 2015-16 (6 percent) was
higher than in all previous survey years (around 4
percent in each survey year) except in 2011-12, when
the percentage was not measurably different from that
in 2015-16; and
In 2017, about 6 percent of students
ages 12-18 reported being called hate-related words at
school during the school year, representing a decrease
from 12 percent in 2001. This percentage also decreased
between 2001 and 2017 for male and female students as
well as for White, Black, and Hispanic students.
These points are just examples of the breadth of
information in this existing report and the material is
provided in a way that school leaders, community leaders, and
parents can create meaningful school safety policies informed
by meaningful data and other information.
In addition, the Federal Bureau of Investigation active
shooter report provides specific information on school
shootings. That report includes information on the number of
active shooter incidents and breaks down where they occurred
and what happened. The 2018 active shooter report\3\ tells us:
---------------------------------------------------------------------------
\3\FBI Active Shooter Report, 2018, https://www.fbi.gov/file-
repository/active-shooter-incidents-in-the-us-2018-041019.pdf/view
---------------------------------------------------------------------------
That five of the 27 incidents in 2018
occurred in educational environments;
That four occurred in high school and
one in middle school;
That 29 people were killed and 50 people
were injured; and
How the perpetrator was apprehended or
the situation ended.
In addition to information from those reports, the Centers
for Disease Control has information on school violence\4\ that
breaks down the causes and trends. It also links to vital
resources to help parents, school faculty, officials, and other
community leaders address some of the issues affecting their
students and schools. Under the Republican substitute, all of
these entities would be working together to help disseminate
the best available information from each agency.
---------------------------------------------------------------------------
\4\https://www.cdc.gov/violenceprevention/youthviolence/
schoolviolence/fastfact.html
---------------------------------------------------------------------------
The Democrats also pointed to other, existing school
shooting data. One Member noted that since the Sandy Hook
tragedy there have been 473 incidents of gunfire on school
grounds resulting in 182 deaths. Another Member noted that
since the Sandy Hook tragedy there have been 2,226 mass
shootings in America. One Member noted historical trend data
and discussed how last year was the worst year on record since
1970 for school shootings. All of this information was provided
to them and the source of the information was trusted enough
they chose to include it as a part of the debate on the bill. A
discussion about the meaning of that data--if it is accurate
and reliable--could have occurred at a hearing that would have
informed this bill, but that did not occur.
Looking back to the forum the Democrats held in 2018, their
panelist again referenced several data points such as that
``Over the past 20 years, the United States has experienced an
average of 22 students murdered at school each year.'' He goes
on to say though that students are 67 times more likely to be
murdered outside of school than at school. He follows up that
data to say ``we do not have a school violence problem, but a
gun violence problem.''\5\ While Dr. Cornell had
recommendations for how to prevent this violence, which perhaps
the Committee could have heard more about if the majority had
held even a single hearing on this topic, he also had plenty of
data to build the case for his recommendations. To pretend this
was a table setting bill to gather evidence about school
shootings is not accurate as it is apparent that the evidence
and data are available leaving a serious discussion on the
matter missing.
---------------------------------------------------------------------------
\5\Cornell, Dewey G., University of Virginia, PhD, written
statement for the ``Forum on School Safety,'' hosted by Committee
Democrats and Democratic Leadership, House Committee on Education and
the Workforce, March 20, 2018, Page 2.
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Democrats Ignore Bipartisan Proposals
If the majority wanted to address the issue of school
safety, then they would have considered any number of
bipartisan bills that have already been introduced or
consolidated these proposals into a larger school safety
package. There are a lot of ideas out there and while
Republicans and Democrats might not agree on everything,
necessitating tough discussion and compromise, there are
proposals that have been introduced that this Committee could
considere before rushing through this flawed bill.
Republican Substitute
The Republican substitute amendment embraced ensuring that
this important safety information continues to be provided by
the Department. The amendment sought to codify an existing
annual, informative report on school crime and safety
indicators and provided an opportunity for subject matter
experts to determine if the right data is available and being
used. This analysis would ensure that the report would be
helpful for school officials, parents, and policymakers to
determine what is actually happening in schools and informing
decisions about what are the best actions to take to best
protect students. The amendment also required the Department,
in consultation with the Departments of Justice, Homeland
Security, and Health and Human Services, to review the
available data on safety and prevention measures and, if
sufficient evidence exists, make recommendations about measures
in schools that could mitigate or prevent crime and safety
incidents. This is the better way to help school leaders,
communities, students, and families.
Conclusion
The majority passed a partisan bill that does little to
provide educators or school staff with the tools to help
traumatized students. Instead of using the markup to develop
real solutions to address school safety, the Democrats sought
political points with unnecessary and over-the-top rhetoric.
What's left is a flawed bill that includes far-reaching,
unworkable, and intrusive data collection requirements. In
contrast, Republicans remain ready to engage in a serious
conversation on school safety. As demonstrated just last
Congress when the leaders of both parties on this Committee
worked together to support increased funding to help keep our
schools and students safe, when Republicans and Democrats
cooperate, we can make a positive difference for American
schools and schoolchildren.
Virginia Foxx,
Ranking Member.
Glenn ``GT'' Thompson.
Tim Walberg.
Glenn Grothman.
James Comer.
Ben Cline.
Dusty Johnson.
[all]