Education Provisions in the Bipartisan Safer Communities Act

Education Provisions in the Bipartisan Safer Communities Act

July 6, 2022
Education Provisions in the Bipartisan Safer Communities Act
On June 25, 2022, the Bipartisan Safer Communities Act
(BSCA; P.L. 117-159) was signed into law. In addition to
Appropriations for ESEA Programs
provisions addressing mental health services, firearms, and
The BSCA provides additional appropriations for Student
Medicare, the act requires the establishment of a Federal
Support and Academic Enrichment (SSAE) Grants, which
Clearinghouse on School Safety Evidence-based Practices,
are authorized by ESEA Title IV-A; 21st Century
provides additional appropriations for several programs
Community Learning Centers (21st CCLC), which are
authorized by the Elementary and Secondary Education Act
authorized by ESEA Title IV-B; and National Activities for
(ESEA), and institutes a new ESEA prohibition related to
School Safety programs, which are authorized by ESEA
dangerous weapons. The new clearinghouse and ESEA
Title IV-F-3. The period of obligation of these funds is
provisions are discussed below. For general information
automatically extended for grantees and subgrantees by one
about federal programs that support school safety and
year beyond the period of availability of funds specified in
security, see CRS Report R46872, Federal Support for
the BSCA and highlighted below. This extension is in
School Safety and Security.
accordance with the Tydings provision included in the
General Education Provisions Act (GEPA, §421).
Clearinghouse on School Safety
Evidence-based Practices
SSAE Grants
Under the Luke and Alex School Safety Act of 2022,
Under the SSAE program, formula grants are provided to
included in the BSCA, a Federal Clearinghouse on School
states, which then provide formula grants to LEAs. Funds
Safety Evidence-based Practices (hereinafter referred to as
received by LEAs are used for three broad categories of
“the clearinghouse”) is to be established by the Secretary of
activities: (1) supporting well-rounded educational
Homeland Security in coordination with the Secretary of
opportunities (§4107), (2) supporting safe and healthy
Education, the U.S. Attorney General, and the Secretary of
students (§4108), and (3) supporting the effective use of
Health and Human Services. The clearinghouse is required
technology (§4109). In FY2022, the program received an
to identify and publish online through SchoolSafety.gov
appropriation of $1.28 billion.
evidence-based practices and recommendations to improve
school safety for use by states, local educational agencies
The BSCA provides $1 billion in additional appropriations
(LEAs), institutions of higher education (IHEs), state and
to remain available through September 30, 2025, for
local law enforcement agencies, health professionals, and
activities authorized by Section 4108 for supporting safe
the general public.
and healthy students. Funds provided through the BSCA
program are to be awarded to states using the formula
The BSCA specifies criteria for the evidence-based
specified in ESEA Title IV-A. However, the BSCA
practices and recommendations to be identified and
specifically states that the Title IV-A formula for making
published by the clearinghouse. The clearinghouse (or the
subgrants to LEAs is not to be used. Rather, the state
external advisory board established under the act) is also
educational agency (SEA) is required to award competitive
required to (1) review existing grant programs and identify
grants to high-need LEAs “as determined by the state.”
any that may be used to implement the practices and
That is, the BSCA does not define the parameters for how
recommendations of the clearinghouse and (2) identify and
competitive grants should be awarded to LEAs, nor does it
periodically report on evidence-based practices or
define the term high-need LEAs.
recommendations of the clearinghouse for which there is
not a federal grant program for implementing such practices
The programs and activities the LEA selects to support
or recommendations. The clearinghouse must also, to the
under Section 4108 must be used to develop, implement,
extent practicable, identify for each state the agency
and evaluate comprehensive programs and activities that
responsible for school safety in the state and grant programs
are coordinated with other schools and community-based
and other resources that may be used to implement the
services and programs; foster safe, healthy, supportive, and
clearinghouse’s evidence-based practices and
drug-free environments that support student academic
recommendations.
achievement; and promote parent involvement in the
activity or program. The programs and activities may be
Specified federal agencies must notify various entities
conducted in partnership with another organization (e.g.,
about the clearinghouse’s evidence-based practices and
IHE, private entity) that has a demonstrated record of
recommendations. For example, the Secretary of Education
successful implementation of relevant activities. Examples
must notify every state and LEA.
of allowable activities include providing drug and violence
prevention programs; school-based mental health services;
bullying and harassment prevention programs; mentoring
and school counseling; positive behavioral interventions
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Education Provisions in the Bipartisan Safer Communities Act
and supports (PBIS); or programs to support a healthy,
appropriations acts using authority available under ESEA
active lifestyle.
Title IV-F-3. Each program is discussed below.
Statutory language provides examples of programs for
The School-Based Mental Health Services Grant program
which Section 4108 funds may be used. It does not provide
was established in the Department of Education
a comprehensive list of the allowable uses of funds. For
Appropriations Act, 2020 (P.L. 116-94 ). The explanatory
example, the U.S. Department of Education (ED) has
text that accompanied the Consolidated Appropriations Act,
specifically stated in its guidance materials that funds may
2022 (P.L. 117-103) directed $56 million for FY2022 to the
be used for the training of safety and security staff, which is
program. Under this program, competitive grants are
not explicitly addressed in law. Neither statutory provisions
provided to SEAs. Funds are used to increase the number of
nor ED guidance specifically addresses the use of Section
mental health professionals (e.g., counselors, social
4108 funds to physically secure school buildings (often
workers, psychologists) who provide school-based mental
referred to as school hardening measures). As neither
health services to students in high-need LEAs.
statutory language nor ED guidance provides an exhaustive
list of allowable uses of funds under Section 4108, it is
The Mental Health Services Professional Demonstration
possible that funds could be used for such activities
Grants program was created through the Department of
provided the activities meet various statutory requirements.
Education Appropriations Act, 2019 (P.L. 115-245). The
A general prohibition on the use of ESEA funds for
explanatory text that accompanied P.L. 117-103 directed
construction, renovation, and repair of any school facility
$55 million to the program for FY2022. Under this
(§8526(1)) applies to the use of Section 4108 funds.
program, competitive grants are provided to LEAs. Funds
are used to support partnerships that train school-based
For more information about the SSAE program, see CRS In
mental health service providers to serve in schools located
Focus IF10910, Student Support and Academic Enrichment
in high-need LEAs.
(SSAE) Grants.
Of the $1 billion BSCA appropriation, $200 million is
21st CCLC
provided in FY2022 and is to remain available until March
The 21st CCLC program supports activities provided during
31, 2023. An additional $200 million in each of FY2023-
non-school hours that offer learning opportunities for
FY2026 is to be provided and remain available until
school-aged children. Under the program, formula grants
December 31 following the end of the fiscal year. For
are made to SEAs, which in turn award grants to local
example, an additional $200 million is to be provided in
entities (e.g., LEAs, community-based organizations) on a
FY2023 and remain available until December 31, 2023. The
competitive basis. Local entities may use funds for
BSCA stipulates that not more than 2% of the amount
activities that improve student academic achievement and
appropriated each fiscal year may be used for program
support student success, such as academic enrichment
administration, technical assistance, data collection, and the
learning programs, mentoring, tutoring, well-rounded
dissemination of best practices.
education activities, programs to support a healthy and
active lifestyle, drug and violence prevention programs,
For more information about these programs, see CRS
counseling programs, and programs that build career
Report R46872, Federal Support for School Safety and
competencies and career readiness. In FY2022, the program
Security.
received an appropriation of $1.29 billion.
New ESEA Prohibition Related to
The BSCA provided an additional $50 million for 21st
Dangerous Weapons
CCLC to remain available through September 30, 2023.
Section 8526 of the ESEA includes general prohibitions on
The funds must be used to carry out activities authorized by
the use of ESEA funds for specified purposes. The BSCA
the 21st CCLC. The Secretary of Education is directed to
adds a new prohibition to Section 8526 that states that no
“increase support for the implementation of evidence-based
ESEA funds may be used to provide anyone with a
practices intended to increase attendance and engagement
dangerous weapon or to provide anyone with training in the
of students in the middle grades and high school in
use of a dangerous weapon. The term dangerous weapon
community learning centers” using the funds provided
has the meaning given to the term in 18 U.S.C. §930(g)(2):
under the BSCA. The BSCA does not specify how much of
the funding should be used by the Secretary for the
The term “dangerous weapon” means a weapon,
aforementioned purpose.
device, instrument, material, or substance, animate or
inanimate, that is used for, or is readily capable of,
For more information about the 21st CCLC program, see
causing death or serious bodily injury, except that such
CRS Report R45977, The Elementary and Secondary
term does not include a pocket knife with a blade of
Education Act (ESEA), as Amended by the Every Student
less than 2½ inches in length.
Succeeds Act (ESSA): A Primer.
Rebecca R. Skinner, Specialist in Education Policy
National Activities for School Safety
Kyrie E. Dragoo, Analyst in Education Policy
The BSCA provides $1 billion in additional appropriations
over five years to be divided evenly between two mental
IF12157
health-related programs that were created through ED

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Education Provisions in the Bipartisan Safer Communities Act

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