School Shooting Safety and Preparedness Act
Summary
House Report 117–307, dated May 6, 2022, is the report of the Committee on Education and Labor on H.R. 5428, the School Shooting Safety and Preparedness Act, submitted together with minority views; the committee reports the bill favorably with an amendment. The purpose and summary section states that the bill directs the Department of Education, in consultation with the Departments of Justice and Health and Human Services, to annually collect and report on indicators of school safety for all school shootings. The bill defines "school shooting" and "mass shooting" and requires data on the number of people killed and injured and the type of gun and ammunition used. The minority views, over the name of Virginia Foxx, Ranking Member, state that a statistical report on school shootings will not keep children safe.
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“School Shooting Safety and Preparedness Act.”
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117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 117–307
SCHOOL SHOOTING SAFETY AND PREPAREDNESS ACT
MAY 6, 2022.—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. 5428]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and Labor, to whom was referred
the bill (H.R. 5428) to require the Secretary of Education, in con-
sultation 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 ..................................................................................................... 7
Section-by-Section Analysis .................................................................................... 13
Explanation of Amendments ................................................................................... 14
Application of Law to the Legislative Branch ....................................................... 14
Unfunded Mandate Statement ............................................................................... 14
Earmark Statement ................................................................................................. 14
Roll Call Votes ......................................................................................................... 14
Statement of Performance Goals and Objectives .................................................. 19
Duplication of Federal Programs ............................................................................ 19
Hearings ................................................................................................................... 19
Statement of Oversight Findings and Recommendations of the Committee ...... 19
New Budget Authority and CBO Cost Estimate ................................................... 19
Committee Cost Estimate ....................................................................................... 20
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Changes in Existing Law Made by the Bill, as Reported ..................................... 21
Minority Views ......................................................................................................... 22
29–006
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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’’ means an event or occur-
rence—
(A) during which one or more individuals were injured or killed by a fire-
arm; and
(B) 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.
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 fre-
quently 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 2021–092 issued in July 2021, 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) Of the school shootings described in paragraph (1), the number that were
accidents.
(5) 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.
(6) 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.
(7) The time of the shooting and whether it occurred during school hours.
(8) The demographics of each school, including—
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(A) the locale code of the school, as determined by the Secretary of Edu-
cation; and
(B) student demographic data disaggregated by—
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3
(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 dis-
abilities; and
(iv) English proficiency status.
(9) 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.
(10) 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.
(11) Whether the shooting was determined to be an accident, and if not, 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).
(12) 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).
(13) 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.
(14) Where each of the firearms used in each shooting was obtained and how,
including—
(A) whether the firearm was registered;
(B) whether the firearm was purchased from a licensed gun dealer or an
unlicensed sale; and
(C) the geographic location from where the shooter obtained the firearm.
(15) If the original purchaser was not the shooter, what was, if any, the origi-
nal purchaser’s relationship to the shooter.
(16) If the original purchaser was not the shooter and the firearm was ob-
tained 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.
(17) 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 teach-
ers stopped the incident by shooting the shooter.
(18) How long did the shooting last (the approximate elapsed time between
the first and last shots fired).
(19) 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 Edu-
cation Statistics before the date of the enactment of this Act.
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(d) SAFETY AND PREVENTION.—In collecting data on school shootings to be com-
piled in the annual report described in subsection (a), the National Center for Edu-
cation Statistics shall collect, at a minimum, information on the existence or ab-
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sence 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 vio-
lence.
(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 en-
forcement, 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) A trauma response plan to address trauma resulting from the shooting,
including coordination with school-based counselors, other school mental health
professionals, and appropriate community partners and organizations, such as
community action programs or agencies.
(7) 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. 5428, the School Shooting Safety and Pre-
paredness 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 prekinder-
garten 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 data collection. This would
also be the first time these terms would be defined in federal law.
In addition to the number of shootings, H.R. 5428 requires data
collection on a number of factors related to school shootings, includ-
ing the number of people killed and injured, the demographics of
the shooter and victims, and the type of gun and ammunition used,
among other factors. 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 entitled ‘‘Best
Practices for Making College Campuses Safe’’ exploring how insti-
tutions of higher education can better prepare for mass casualty
events in the wake of the mass shooting at Virginia Tech Univer-
sity on April 16, 2007. Witnesses included: Mr. Steven J. Healy,
President, International Association of Campus Law Enforcement
Administrators (IACLEA) and Director of Department of Safety,
Princeton University; Dr. Louann Kennedy, former Provost, Cali-
fornia State University at Northridge; Dr. Dewey Cornell, Director,
Virginia Youth Violence Project, University of Virginia School of
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Education; and, Dr. Jan Walbert, President, National Association
of Student Personnel Administrators and Vice President for Stu-
dent Affairs, Arcadia University.
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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 Elemen-
tary 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: Mr. Bill Bond, School Safety Specialist, National Asso-
ciation of Secondary School Principals, Paducah, KY; Mr. Mo Can-
ady, Executive Director, National Association of School Resource
Officers, Hoover, AL; Mr. Brett Bontrager, Senior Vice President
and Group Executive of Stanley Security Solutions, Stanley Black
& Decker; Mr. Fredrick Ellis, Director of Office of Safety and Secu-
rity, Fairfax County Public Schools, VA; Dr. Vincent Pompei,
School Counselor, Val Verde Unified School District, Perris, CA;
and, Dr. David Osher, Vice President, American Institutes for Re-
search, 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 Com-
mittee 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, FL on February 14,
the request was also made in consideration of the increasing epi-
demic of school shootings since the Committee held its last school
safety hearing five years prior.1 In the absence of a hearing despite
repeated requests, Ranking Member Scott hosted a Member forum
examining evidenced-based violence prevention and school safety
measures on March 20, 2018. Panelists included Dr. Dewey G. Cor-
nell, forensic clinical psychologist and professor of education, Uni-
versity of Virginia; Dr. Akil E. Ross, Sr., Principal, Chapin High
School, Chapin, SC; and, Mrs. Stacey Lippel, English Teacher and
Survivor of Shooting at Marjory Stoneman Douglas High School,
Parkland, FL.
116TH CONGRESS
On September 11, 2019, the Committee held a hearing entitled
‘‘The Importance of Trauma-Informed Practices in Education to As-
sist Students Impacted by Gun Violence and Other Adversities’ ’’.
The Committee examined the different ways trauma manifests in
students who experience mass shootings or high levels of commu-
nity gun violence. The Committee heard testimony from: Dr. Na-
dine Burke Harris, Surgeon General, State of California; Dr.
Ingrida Barker, Associate Superintendent, McDowell County
Schools, Welch, WV; Dr. Janice Jackson, CEO, Chicago Public
Schools, Chicago, IL; and, Mrs. Joy Hofmeister, State Super-
intendent of Public Instruction, State of Oklahoma.
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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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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 Edu-
cation 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 Com-
mittee 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 in the
bill. The amendment was adopted by a recorded vote.
• Ranking Member Virginia Foxx (R–NC) offered an amend-
ment to the amendment in the nature of a substitute, rep-
resenting 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.
117TH CONGRESS
On September 29, 2021, Rep. Debbie Wasserman Schultz (D–FL)
introduced H.R. 5428, the School Shooting Preparedness and Safety
Act, with Reps. McBath and Hayes as original co-sponsors. The bill
was referred solely to the Committee on Education and Labor.
On February 16, 2022, the Subcommittee on Early Childhood, El-
ementary, and Secondary Education held a hearing entitled ‘‘Serv-
ing All Students: Promoting a Healthier, More Supportive School
Environment.’’ The hearing examined outdated discipline practices
and highlighted ways schools can implement evidence-based ap-
proaches to creating healthy school environments that support stu-
dents’ social, emotional, and academic development. During the
hearing, members and witnesses also discussed the trauma of gun
violence and the role of common-sense gun reform as part of the
solution to create supportive and healthy schools. The Committee
heard testimony from: Ms. Kristen Harper, Vice President for Pub-
lic Policy and Engagement, Child Trends; Mr. Guy Stephens,
Founder and Executive Director, Alliance Against Seclusion and
Restraint; Ms. Morgan Craven, J.D., National Director of Policy,
Advocacy and Community Engagement, Intercultural Development
Research Association; and, Mr. Max Eden, Research Fellow, Amer-
ican Enterprise Institute.
On March 16, 2022, the Committee considered H.R. 5428 in leg-
islative session and reported it favorably, as amended, to the House
of Representatives by a recorded vote of 27–21. The Committee con-
sidered the following amendments to H.R. 5428:
• Rep. McBath offered an amendment in the nature of a
substitute to make conforming and technical changes to the
bill. The amendment was adopted by a voice vote.
• Rep. Burgess Owens (R–UT) offered an amendment to the
amendment in the nature of a substitute, representing the mi-
nority substitute. The Owens amendment struck the defini-
tions and mentions of ‘‘school shooting’’ and ‘‘mass shooting’’
from the bill and would require the Department of Education
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to consult with the Department of Homeland Security in col-
lecting and publishing data on school safety while eliminating
the detailed data collection on school shooting collected by the
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7
underlying bill. The amendment was defeated by a recorded
vote of 21–28.
• Rep. Elise Stefanik (R–NY) offered an amendment to in-
clude data collection and reporting on the implementation of
bail reform, the presence of school resource officers at schools,
and the implementation of alternative discipline practices in
school districts that have experienced a school shooting. The
amendment was defeated by a recorded vote of 22–27.
• Rep. Rick Allen (R–GA) offered an amendment to include
a study regarding school safety and school choice, including
whether increased school choice increases perceptions of school
safety. The amendment was defeated by a recorded vote of 22–
27.
COMMITTEE VIEWS
The United States experiences over 40,000 gun-related deaths
and more than 73,000 gun-related injuries on average each year,
equating to more than 110 deaths every day.2 Unfortunately, chil-
dren have not been shielded from this tragic history. In 2018, gun
violence was the leading cause of death for all children and teens.
This marked the first time in our nation’s history that more chil-
dren and teens died from gun violence than those that died from
motor vehicle accidents.3 Black children and teens had the highest
gun death rate in 2019, followed by American Indian/Alaska Native
children and teens.4 And while schools should be safe havens
where children are protected from gun violence, it is a uniquely
American reality that students are shot 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. A Nov. 30, 2021, shooting in which a student killed four
people and injured seven at an Oxford, Michigan high school was
reported to be the deadliest school shooting since May 2018.5 As
the Committee discussed during a hearing in the 116th Congress,
children in the United States face the devastating trauma of gun
violence more frequently than anywhere else in the world.6 From
Sandy Hook to Chicago,7 gun violence in and around schools is a
2 EVERYTOWN FOR GUN SAFETY, GUN VIOLENCE IN AMERICA (2022), https://
everytownresearch.org/gun-violence-america/.
3 CHILDREN’S DEF. FUND, The State of America’s Children, 2021, https://
www.childrensdefense.org/state-of-americas-children/soac-2021-gun-violence/ (last visited Mar.
29, 2022).
4 Id.
5 Livia Albeck-Ripka & Sophie Kasakove, What We Know About the Michigan High School
Shooting, N.Y. TIMES, Dec. 19, 2021, https://www.nytimes.com/article/oxford-school-shooting-
michigan.html; Education Week, School Shootings in 2021: How Many and Where, EDUCATION
WEEK, Mar. 01, 2021, https://www.edweek.org/leadership/school-shootings-this-year-how-many-
and-where/2021/03.
6 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, Elemen-
tary and Secondary Educ. Of the House Comm. on Educ. & Lab. 116th Cong., (2019).
7 Gun violence in America is so prevalent that metonyms like Sandy Hook and Chicago are
ingrained in our discourse, and this shorthand allows us to reference these events without de-
scribing them in detail. But we should not forget that in 2012, a 20-year-old armed with an
assault rifle walked into Sandy Hook Elementary School in Newtown, Connecticut and mur-
dered 26 people, 20 of them students between 6 and 7 years old. In 2021, 57 school aged chil-
dren died in Chicago due to gun violence, 16 of them in elementary or middle school. In 2020,
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49 school aged children died in Chicago due to gun violence, 12 of them before they reached
high school. Hartford Courant Staff, 28 Dead, Including 20 Children After Shooting Rampage
at Sandy Hook School in Newtown, HARTFORD COURANT, Dec. 14, 2021; Emmanuel Camarillo
Continued
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8
national crisis that continues to claim the lives of our students and
educators and deserves Congressional attention.
A concerted response is needed to solve the epidemic of gun vio-
lence in American schools. The need is particularly pressing as our
nation’s children continue to recover from trauma from the
COVID–19 pandemic and return to in-person learning. According to
Everytown for Gun Safety, an advocacy organization founded in re-
sponse to Sandy Hook which attempts to track gunfire incidents in
schools, K–12 schools experienced a pronounced decrease in gunfire
incidents during the COVID–19 pandemic, followed by a rise to
pre-pandemic levels as schools nationwide returned to in-person
learning. From March through December 2020, a period of time in
which most schools across the nation were closed due to the
COVID–19 pandemic, there were only 25 reported incidences of
gun violence on K–12 school grounds.8 In contrast, the first half of
the 2021–2022 school year, when most students nationwide re-
turned to in-person learning, had the most reported incidences of
gun violence on school grounds in recent history.9 Between August
1 and December 31, 2021, Everytown counted 123 instances of gun
violence on K–12 school grounds—nearly four times the previous
average for that time period.10
However, there is conflicting data on the number of gunfire inci-
dents on school grounds throughout the pandemic. According to the
publication Education Week, there were 10 school shootings in
2020, in contrast to 34 school shootings in 2021, 24 of which oc-
curred after August 1.11 This conflict itself illustrates the need for
H.R. 5428. As there is no current uniform definition of school
shooting, and data is collected and tallied in varied ways by dif-
ferent nongovernmental organizations, there is no consistent unas-
sailable data source from which to develop policy. If policymakers
do not have accurate statistical data about the nature of the prob-
lem of gun violence in schools, there is little chance of developing
thoughtful solutions to the problem. The Committee believes H.R.
5428 is a small but crucial step in making sure that a federal re-
sponse to gun violence in schools is evidence-based instead of politi-
cally expedient.
Policymakers can either commit to solving problems or use them
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, mass shootings often overshadow
the daily incidents of gun violence that occur in and around schools
throughout America. As Kristen Harper, Vice President for Public
Policy and Engagement for Child Trends, said during the Commit-
tee’s February 16, 2022 hearing on promoting a healthier, more
supportive school environment, ‘‘the pattern of providing support to
schools only after tragedy undermines the work [as] schools need
consistent support so that they have the resources they need to
& Nader Issa, Murders of students amid the pandemic strain school’ ability to cope, heal, CHI-
CAGO SUN-TIMES, Dec. 20, 2021.
8 Everytown for Gun Safety, Gunfire on School Grounds in the United States, (March 29, 2022,
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4:08 PM), https://maps.everytownresearch.org/gunfire-in-school/#ns.
9 Id.
10 Id.
11 Education Week, supra note 5.
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9
focus on services and relationships so that tragedies do not hap-
pen.’’ 12 Until we have comprehensive data on gun violence in
America as proposed in H.R. 5428, we are destined to lurch from
one mass casualty event to another, resulting in the politicization
of the issue.
Regrettably, the Committee saw the tragedy of school shootings
succumb to political machinations. In the wake of the school shoot-
ing at Marjory Stoneman Douglas High School in Parkland, FL on
February 14, 2018, which took 17 lives,13 former President Trump
announced the establishment of the Federal Commission on School
Safety (Commission).14 The Commission was charged to make pol-
icy recommendations on many issues surrounding school safety and
violence, except, puzzlingly, for the role of guns in gun violence.15
Instead, the Commission focused 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 stu-
dents on the basis of race, color, or national origin, as required
under Title VI of the Civil Rights Act of 1964, or adversely effect-
ing school safety.16 Almost immediately after the shooting at Park-
land, some Congressional Republicans wrongly placed blame on the
guidance by questioning whether the shooter evaded police identi-
fication as a threat because his school did not appropriately dis-
cipline him. This political approach ran counter to that of the
Obama-era discipline guidance package.17 At the Commission’s rec-
ommendation, then-U.S. Department of Education Secretary Betsy
DeVos rescinded the School Discipline guidance package without
any evidence that the implementation of the guidance caused or
contributed to mass school shootings.18
Statistical evidence of disparities in school suspension and exclu-
sionary practices, which disproportionately impact students of color
and students with disabilities, was a focal point of the rescinded
guidance package.19 Contrary to the dubious research on school
discipline disparities cited in the Commission’s report, the 2014
guidance package laid out that these disparities are not a result of
more frequent or serious infractions committed by students of
color.20 Nor are discipline disparities a result of inherent, tempera-
12 Serving All Students: Promoting a Healthier, More Supportive School Environment: Hearing
Before the Subcomm. on Early Childhood, Elementary & Secondary Educ. of the H. Comm. on
Educ. & Lab., 117th Cong. (2022).
13 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.
14 The White House, Factsheet, President Donald J. Trump is Taking Immediate Actions to
Secure Our Schools, Mar. 12, 2018 (Archived Location: https://trumpwhitehouse.archives.gov/
briefings-statements/president-donald-j-trump-taking-immediate-actions-secure-schools/).
15 Id.
16 See U.S. Dept’s of Educ. & Just., Joint ‘‘Dear Colleague’’ Letter on the Nondiscriminatory
Administration of School Discipline (Jan. 8, 2014) https://www2.ed.gov/about/offices/list/ocr/let-
ters/colleague-201401-title-vi.html (archived, under review).
17 E.g., Erica Green, Trump Finds Unlikely Culprit in School Shootings: Obama Discipline
Policies, N.Y. TIMES A10 (Mar. 14, 2018).
18 FED. COMM’N ON SCH. SAFETY, FINAL REPORT 72 (2018), https://www2.ed.gov/documents/
school-safety/school-safety-report.pdf; 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/let-
ters/colleague-201812.pdf (archived, under review).
SSpencer on DSK126QN23PROD with REPORTS
19 U.S. Dept. of Educ., Guiding Principles, A Resource for Improving School Climate and Dis-
cipline (January 2014) https://www2.ed.gov/policy/gen/guid/school-discipline/guiding-prin-
ciples.pdf (archived, under review).
20 Id.
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10
mental differences between Black and white children. A Govern-
ment Accountability Office (GAO) report substantiated those dis-
parate data points a month after the shooting at Parkland.21 Addi-
tionally, in a 2020 report on the characteristics of school shootings,
GAO examined 318 school shootings over the 2009 10 to 2018–19
school years and found no empirical research linking school dis-
cipline practices with mass school shootings.22
Yet Committee Republicans used the markup of H.R. 5428 to in-
sinuate once again some connection between certain school dis-
cipline practices and school shootings where none has been found.
This insinuation was taken a step further in the amendment of-
fered by Rep. Stefanik during the mark up of H.R. 5428. The
amendment required data collection and reporting on the imple-
mentation of bail reform, the presence of school resource officers at
schools, and the implementation of alternative discipline practices
in districts that have experienced a school shooting. It should be
underscored that bail reform is significantly beyond the scope of
the Committee’s jurisdiction. Furthermore, research shows that
while school resource officers do effectively reduce some forms of vi-
olence in schools, they do not prevent school shootings or gun-re-
lated incidents.23 And the suggestion that alternative discipline
practices may be related to school shootings runs counter to the
GAO findings and are not founded upon evidence.
The Committee hopes that by providing a clear definition as to
what a school shooting is, H.R. 5428 will paint a fuller picture of
the issue of gun violence in schools. While tragic mass shootings
grip the national conscience and spur policymaking, experts have
told us these mass shootings are outliers compared to the ongoing
gun violence in schools, around school grounds, and in commu-
nities. 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 The Committee
notes that mass shootings will continue to receive media attention
and outsized focus, but it hopes that data collection required by
H.R. 5428 will paint an equally compelling picture of the persistent
trauma caused by gun violence experienced in too many schools
around the country.
While H.R. 5428 is focused on gun violence in schools and sur-
rounding communities, Committee Republicans chose to focus their
attention on school choice. This was exemplified most by an amend-
ment during markup that sought to use school shootings as a plat-
21 The report found that Black students accounted for 15.5 percent of all public school stu-
dents, but represented about 39 percent of students suspended from school—an overrepresenta-
tion of about 23 percentage points. 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 stu-
dents than White students were suspended from school that school year. U.S. GOV’T ACCOUNT-
ABILITY 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.
22 U.S. GOV’T ACCOUNTABILITY OFF., GAO–20–455, K–12 EDUCATION: CHARACTERISTICS OF
SCHOOL SHOOTINGS (2020) https://www.gao.gov/assets/gao-20-455.pdf.
23 Montserrat Avila Acosta et al., The Thin Blue Line in Schools: New Evidence on School-
Based Policing Across the U.S. 3 (Annenberg Inst. at Brown U. EdWorking Paper No. 21–476),
https://www.edworkingpapers.com/sites/default/files/ai21-476.pdf.
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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, Elemen-
tary and Secondary Educ. Of the House Comm. on Educ. & Lab. 116th Cong., (2019) (testimony
of Dr. Nadine Burke Harris, Surgeon General, State of California).
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11
form for advancing school privatization. The Allen amendment to
H.R. 5428 proposed a study on the effect of school safety on school
choice, including whether increased school choice increases percep-
tions of school safety. Given that over 91 percent of students in
America attend public schools,25 the infatuation with school privat-
ization and choice undermines the Committee’s efforts to promote
safer school environments for all students. A study of school choice
and the perceptions of school safety is especially troubling given
the link between abstract choice policies and school segregation. In
a recent report on school segregation, the UCLA Civil Rights
Project indicated that ‘‘[s]chool choice plans without equity policies
and strategies often end up with the best-educated and connected
families getting the best choices, actually increasing inequality. All
school choice programs need voluntary goals, policies, and practices
that foster diversity and integration.’’ 26
Instead of playing politics when these tragedies occur, Congress
should follow the evidence offered by the experts and act to remedy
these preventable harms. H.R. 5428 is a small but crucial step in
that direction of following the evidence. Without accurate, com-
parable data over incidents and years, and without uniform defini-
tions for school shooting and mass school shooting, we will not be
properly equipped to make sound policy choices. Thousands of stu-
dents all over the country marched in the streets to ask policy-
makers to pass evidence-based solutions to shield them from gun
violence.27 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’’’ extended through
floor speeches were enough to be responsive to the need.28
Unfortunately, Committee Republicans’ proposed amendment in
the nature of a substitute to H.R. 5428 aimed to strike the defini-
tions of ‘‘school shooting’’ and ‘‘mass shooting’’ from the bill and re-
quire the Department of Education to consult with the Department
of Homeland Security in collecting and publishing data on school
safety. While the amendment would codify the current report on
Indicators of School Crime and Safety issued by the National Cen-
ter for Education Statistics, it would strike the requirement to col-
lect additional data elements on school shootings, defeating the
purpose of the underlying bill to collect more granular, comparable
data on school shootings and mass school shootings.
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,
federally-recognized data collection on school shootings will help
the country better understand the pervasive problem of gun vio-
lence in schools and in turn spur policy change. Such data will illu-
minate the daily gun-related violence incidents that occur before
and after school, on the way to or from school, at school-related
25 Approximately 49.3 million of the 54 million PK–12 students in the United States attend
public schools. See Institute of Education Sciences, Fast Facts Back-to-School Statistics (2021),
https://nces.ed.gov/fastfacts/display.asp?id=372#PK12-enrollment.
26 Erica Frankenberg, et al. Harming Our Common Future: America’s Segregated Schools 65
Years after Brown, 37 May 2019, www.civilrightsproject.ucla.edu/research/k-12-education/
integration-and-diversity/harming-our-common-future-americas-segregated-schools-65-years-
after-brown/Brown-65-050919v4-final.pdf.
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27 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.
28 Id.
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12
events and oftentimes not committed by students, in communities
plagued by inequities and trauma which are currently invisible. All
current data suggest these types of shootings are actually more
prevalent than mass shootings but receive little attention.29 Col-
lecting data brings to the forefront what could be otherwise ig-
nored.
H.R. 5428 also directs ED, in consultation with DOJ and HHS,
to annually report on indicators of school safety for school shoot-
ings that occur. This includes statistics on school shootings, such
as the number of shootings, the number of people killed, whether
a shooting was ruled an accident, demographics of shooters and vic-
tims, the motivation of shooters, types of firearms and ammunition
used, how the firearm was acquired, the state of origin of the fire-
arm, and more. Crucially, H.R. 5428 would also direct ED to collect
data regarding school response plans to address trauma resulting
from school shootings, including, but not limited to, coordination
with school-based counselors and other school mental health profes-
sionals and appropriate community partners/organizations, such as
community action programs or agencies. 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-shoot-
ing 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 affects the education of stu-
dents in those schools, the Committee expects this robust data col-
lection to paint a broader, more accurate picture of what gun vio-
lence in American schools looks like, as well as how American
schools have responded to the trauma resulting from gun violence,
in the hope of providing Congress with information necessary to
enact meaningful policy to reduce it.
The Committee understands that ED may need to take on addi-
tional work, in consultation with DOJ and HHS, to stand up new
processes or structures for the robust data collection required
under H.R. 5428. Yet the fact such work is not currently being
done should not serve as a deterrent to accomplishing it. To the ex-
tent that new processes or structures require additional resources,
these can and should be considered during the regular budget and
appropriations process. In the Fiscal Year 2022 (FY22) Omnibus
Appropriations package, the Institute of Education Sciences re-
ceived $737 million, aligned with IES’ FY22 budget request of
$737.4 million and an increase of $94 million over the FY21 en-
acted level.30 Furthermore, House Democrats have made signifi-
cant investments in IES through both the Coronavirus Response
and Relief Supplemental Appropriations Act (CRRSA) and the
American Rescue Plan (ARP), providing IES with an additional $28
million in pandemic related funding through CRRSA and $100 mil-
lion through ARP.31 House Republicans supported supplemental
funds in FY21 for IES only when such funds were attached to an
29 GAO–20–455 at 23.
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30 Joint Explanatory Statement of Division H, Part 2 at 159, accompanying H.R. 2471 (Pub.
L. No. 117–103, 136 Stat. 49) (Mar. 15, 2022) https://docs.house.gov/billsthisweek/20220307/
BILLS-117RCP35-JES-DIVISION-H_Part2.pdf.
31 Pub. L. No. 116–260, 134 Stat. 1938 (2020); Pub. L. No. 117–2, 135 Stat. 28 (2021).
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13
omnibus bill to prevent a government shutdown; no House Repub-
licans supported the ARP.32
The Committee believes the data collection required under H.R.
5428 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. 5428’s data collection. As Rep.
McBath said during the Committee’s ‘‘Serving All Students’’ hear-
ing this year, ‘‘this is a preventable crisis that we cannot afford to
ignore any longer . . . it’s critical that we take steps to address the
epidemic of gun violence and school shootings that continue to
plague our country every single day.’’ 33 H.R. 5428 will provide data
which will help Congress take a first step in considering effective
policy solutions to the nationwide epidemic of gun violence in
schools.
SECTION-BY-SECTION ANALYSIS
Sec. 1. Short title
This section states that the title of the bill the ‘‘School Shooting
Safety and Preparedness Act.’’
Sec. 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 de-
fined in criminal code prior to the expiration of the assault weap-
ons ban. The section defines the term ‘‘school’’ to be inclusive of
educational settings from early childhood through post-secondary
education. It creates new definitions for the terms ‘‘mass shooting’’
and ‘‘school shooting.’’
Sec. 3. Annual report on indicators of school crime and safety
Requires the Secretary of Education, in consultation with the At-
torney General and the Secretary of Health and Human Services,
to annually publish a report on indicators of school crime and safe-
ty. Such report is already produced under existing authority of the
National Center for Education Statistics, so the effect of this sec-
tion is to require future reports to include statistics on school
shootings, historic statistics on school shootings, and data on safety
and prevention, including active shooter response plans and trau-
ma response plans.
32 167 CONG. REC. No. 45, H1285–86 (House of Reps. Roll Call Vote 72 on H.R. 1319, the
American Rescue Plan, P.L. 117–2, which contained additional funding for IES); see 166 CONG.
REC. No. 171, H5434–35 (House of Reps. Roll Call Vote 214 on H.R. 925, The Heroes Act, which
contained additional funding for IES specifically for NAEP, and other coronavirus relief meas-
ures, and received no Republican votes); but see 166 CONG. REC. No. 171, H 7314 (House of
Reps. Roll Call Vote 251 on agreement to Senate amendment of H.R. 133, Consolidated Appro-
priations Act FY2021, which contained supplemental IES funding in Division M—Coronavirus
Response and Relief Supplemental Appropriations Act, which passed with support of two-thirds
SSpencer on DSK126QN23PROD with REPORTS
of the Republican Conference).
33 Serving All Students: Promoting a Healthier, More Supportive School Environment: Hearing
Before the Subcomm. on Early Childhood, Elementary & Secondary Educ. of the H. Comm. on
Educ. & Lab., 117th Cong. (2022).
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14
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. 5428 does not apply to terms and conditions of employment
or to access to public services or accommodations within the legisla-
tive branch.
UNFUNDED MANDATE STATEMENT
The Committee adopts as its own the estimate of federal man-
dates regarding H.R. 5428, 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. 5428 does not contain any congressional
earmarks, limited tax benefits, or limited tariff benefits as de-
scribed 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. 5428:
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15
Date: 3/16/2022
COMMITTEE ON EDU CATJON AND LABOR RECORD OF COMMITTEE VOTE
Rol!Call:1 Bill:5428 Amendment Number:2
Disposition: Defeated by a roll call vote of 21-28
SponsoriAmendment: Owens I RANS_001
Nam.elk.State No v~~:g Name&State Aye No v~~;g
Mr. SCOTT (VA) (Chairman) X Mrs. FOXX (NC) (Ranking) X
Mr.GRUALVA(AZ) X Mr. WILSON (SC) X
Mr. COURNTEY (CT) X Mr. THOMPSON (PA) X
Mr. SABLAN (MP) X Mr. WALBERG (Ml) X
Ms. WILSON (FL) X Mr. GROTHMAN (WI) X
Ms. BONAMIC! (OR) X Ms. STEFAN!K (NY) X
Mr. TAKANO (CA) X Mr. ALLEN (GA) X
Ms. ADAMS (NC) X Mr. BANKS (IN) X
Mr. DESAULNIER (CA) X Mr. COMER (KY) X
Mr. NORCROSS (NJ) X Mr. FULCHER (ID) X
Ms.JAYAPAL(WA) X Mr. KELLER (PA) X
Mr. MORELLE (NY) X Ms. MILLER-MEEKS (IA) X
Ms. W!LD (PA) X Mr. OWENS (UT) X
Mrs. MCBATH (GA) X Mr. GOOD (VA) X
Mrs. HA YES (CT) X Mrs. MCCLAIN (Ml) X
Mr. LEVIN (Ml) X Mrs. HARSHBARGER (TN) X
Ms. OMAR (MN) X Mrs. MILLER (IL) X
Ms. STEVENS (Ml) X Mrs. SPARTZ (IN) X
Ms. LEGER FERNANDEZ (NM) X Mr. FITZGERALD (WI) X
Mr. JONES (NY) X Mr. CAWTHORN (NC) X
Ms. l\1ANNING (NC) X Mrs. STEEL (CA) X
Mr.MRVAN(IN) X Ms. LETLOW (LA) K
Mr. BOWMAN (NY) X Mr. JACOBS fNYl X
Mn;. CHERF!LUS-MCCORMlCK (FL) X Vacancy
Mr. POCAN (WI) X
Mr. CASTRO (TX) X
Ms. SHERRILL (NJ) X
Mr. ESPAILLAT(NY) X
Mr. KWEIS! MFUME (MD) X
TOTALS: Ayes: 21 Nos:28 Not Voting: 3
Total: 53 / Quorum: I Report:
(29 D-24 R)
'Although not present for the recorded vote, Member expressed he/she would have voted AYE if present at time of vote.
*Although not present for the recorded vote, Member expressed he/she would have voted NO if present at time of vote,
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16
Date: 3116/2022
COMMITTEE ON EDUCATION AND LABOR RECORD OF COMMITTEE VOTE
Roll Call:2 Bill:5428 Amendment Number: 3
Disposition: Defeated by a roll call vote of 22-27
Sponsor/Amendment: Stefanik I RAMO_002
Name& State Aye No Name&Stute Aye
VoMg Vo<mg
Mr. SCOTT (VA) (Chairman) X Mrs. FOXX (NC) (Ranking) X
Mr. GRIJALVA (AZ) X Mr. WILSON (SC) X
Mr. COURNTEY (CT) X Mr. THOMPSON (PA) X
Mr. SABLAN (MP) X Mr. WALBERG (Ml) X
Ms. WILSON (FL) X Mr. GROTHMAN (WI) X
Ms. BONA.MIC! (OR) X Ms. STEFANIK (NY) X
Mr. TA.KANO (CA) X Mr. ALLEN (GA) X
Ms. ADAMS (NC) X Mr. BANKS ( IN) X
Mr. DESAULNIER(CA) X Mr. COMER (KY) X
Mr. NORCROSS (NJ) X Mr. FULCHER (ID) X
Ms.JAYAPAL(WA) X Mr. KELLER (PA) X
Mr. MORELLE (NY) X Ms. MILLER-MEEKS (IA) X
Ms. WILD (PA) X Mr. OWENS (UT) X
Mrs. MCBATH (GA) X Mr.GOOD(VA) X
Mrs. HA YES (CT) X Mrs. MCCLAIN (Ml) X
Mr. LEVIN (Ml) X Mrs. HARSHBARGER (TN) X
Ms. OMAR (MN) X Mrs. MILLER (IL) X
Ms. STEVENS (Ml) X Mrs. SPARTZ (IN) X
Ms. LEGER FERNANDEZ (NM) X Mr. FITZGERALD (WI) X
Mr. JONES (NY) X Mr. CAWTHORN (NC) X
Ms. MANNING (NC) X Mrs. STEEL (CA) X
Mr. MRVAN (IN) X Ms. LETLOW (LA) K
Mr. BOWMAN (NY) X Mr. JACOBS /NY) X
Mrs. CHERFILUS-MCCORM!CK (FL) X Vacancy
Mr. POCAN (WI) X
Mr. CASTRO (TX) X
Ms. SHERRILL (NJ) X
Mr. ESPAILLAT (NY) X
Mr. KWEISI MFUME (MD) X
TOTALS: Ayes: 22 Nos:27 Not Voting: 3
Total: 53 I Quorum: I Report:
(29 D -24 R)
'Although not present for the recorded vote, Member expressed he/she would have voted AYE if present at time of vote.
*Although not present for the recorded vote, Member expressed he/she would have voted NO if present at time of vote.
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17
Date: 3/16/2022
COMMITTEE ON EDUCATION AND LABOR RECORD OF COMMITTEE VOTE
Roll Call:3 Bill:5428 Amendment Number: 4
Disposition: Defeated by a roll call vote of 22-27
Sponsor/Amendment: Allen/ RAMD_001
Name&State Aye No y~~:, Name&State Aye No v;~;g
Mr. SCOTT (VA) (Chairman) X Mrs. FOXX (NC) (Ranking) X
Mr.GRIJALVA (AZ) X Mr. WILSON (SC) X
Mr. COURNTEY (CT) X Mr. THOMPSON (PA) X
Mr. SABLAN (MP) X Mr. WALBERG (Ml) X
Ms. WILSON (FL) X Mr. GROTHMAN (WI) X
Ms. BONAMICI (OR) X Ms. STEF AN!K (NY) X
Mr. TAKANO (CA) X Mr. ALLEN (GA) X
Ms. ADAMS (NC) X Mr. BANKS (IN) X
Mr. DESAULN!ER (CA) X Mr. COMER (KY) X
Mr. NORCROSS (NJ) X Mr. FULCHER (ID) X
Ms.JAYAPAL(WA) X Mr. KELLER (PA) X
Mr. MORELLE (NY) X Ms. MILLER-MEEKS (IA) X
Ms. WILD (PA) X Mr. OWENS (UT) X
Mrs. MCBATH (GA) X Mr. GOOD (VA) X
Mrs. HA YES (CT) X Mrs. MCCLAIN (Ml) X
Mr. LEVIN (Ml) X Mrs. HARSHBARGER (TN) X
Ms. OMAR (MN) X Mrs. MILLER (IL) X
Ms. STEVENS (Ml) X Mrs. SPARTZ (IN) X
Ms. LEGER FERNANDEZ (NM) X Mr. FITZGERALD (WI) X
Mr. JONES (NY) X Mr. CAWTHORN (NC) X
Ms. MANNING (NC) X Mrs. STEEL (CA) X
Mr.MRYAN(IN) X Ms. LETLOW (LA) )(
Mr. BOWMAN (NY) X Mr. JACOBS !NY) X
Mrs. CHERFILUS-MCCORMICK (FL) X :vacancy
Mr. POCAN (WI) X
Mr. CASTRO (TX) X
Ms. SHERRILL (NJ) X
Mr. ESPAJLLAT(NY) X
Mr. KWEIS! MFUME (MD) X
TOTALS: Ayes: 22 Nos:27 NotVoting:3
Total: 53 / Quorum: I Report:
(29D-24 R)
A Although not present for the recorded vote, Member expressed he/she would have voted AYE if present at time of vote.
"'Although not present for the recorded vote, Member expressed he/she would have voted NO lf present at time of vote.
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18
Date: 3116122
COMMITTEE ON EDUCATION AND LABOR RECORD OF COMMITTEE VOTE
Roll Call:4 Bill: HR 5428 Amendment Number: Motion
Disposition: Adopted by a Full Committee Roll Call Vote 27- 21
Sponsor/Amendment: McBath Motion to Report H.R. 5428 to the House. with an amendment and with
recommendation that the amendment be agreed to, and the bill as amended, do pass
Name&St111e Aye No v~i:, v~~:,
Mr. SCOTT (VA) (Chairman) X Mrs. FOXX (NC) (Ranking) X
Mr. GRIJALVA (AZ) X Mr. WILSON (SC) X
Mr. COURNTEY (CT) X Mr. THOMPSON (PA) X
ML SABLAN (MP) X Mr. WALBERG (Ml) X
Ms. WILSON (FL) X Mr. GROTHMAN (Wl) X
Ms. BONAM!Cl (OR) X Ms. STEFANIK (NY) X
Mr. TAKANO (CA) X Mr. ALLEN (GA) X
Ms. ADAMS (NC) X I Mr. BANKS (IN) X
Mr. DESAULNIER (CA) X Mr. COMER (KY) X
Mr. NORCROSS (NJ) X Mr. FULCHER (ID) X
Ms. JAYAPAL (WA) X Mr. KELLER (PA) X
Mr. MORELLE (NY) X Ms. MILLER-MEEKS (IA) X
Ms. WILD (PA) X Mr. OWENS (UT) X
Mrs. MCBATH (GA) X Mr.GOOD(VA) X
Mrs. HAYES (CT) X Mrs. MCCLAIN (Ml) X
Mr. LEVIN (Ml) X Mrs. HARSHBARGER (TN) X
Ms. OMAR (MN) X Mrs. MILLER (IL) X
Ms. STEVENS (Ml) X Mrs. SPARTZ (IN) X
Ms. LEGER FERNANDEZ (NM) X Mr. FITZGERALD (WI) X
Mr. JONES (NY) X Mr. CAWTHORN (NC) X
Ms. MANNING (NC) X Mrs. STEEL (CA) X
Mr.MRVAN (IN) X Ms. LETLOW (LA) I(
Mr. BOWMAN (NY) X Mr. JACOBS fNY) X
Mrs. CHER.FILUS-MCCORMICK (FL) X Vacancy
Mr. POCAN (Wl) X
Mr. CASTRO (TX) X
Ms. SHERRILL (NJ) X
Mr. ESPAILLAT (NY) X
Mr. KWE!Sl MFUME (MD) X
TOTALS: Ayes: 27 Nos:21 Not Voting: 4
Total: 53 / Quorum: / Report:
(29 D -24 R)
11 Although not present for the recorded vote, Member expressed he/she would have voted AYE if present at time of vote.
"Although not present for the recorded vote, Member expressed he/she would have voted NO if present at time of vote.
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19
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. 5428 are to direct the Sec-
retary 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.
5428 establishes or reauthorizes a program of the Federal Govern-
ment known to be duplicative of another federal program, a pro-
gram that was included in any report from the Government Ac-
countability 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 2(r) of H. Res. 8 for the 117th Con-
gress, the Committee held a legislative hearing entitled ‘‘Serving
All Students: Promoting a Healthier, More Supportive School Envi-
ronment’’. The hearing examined outdated discipline practices and
highlighted ways schools can implement evidence-based approaches
to creating healthy school environments that support students’ so-
cial, emotional, and academic development. During the hearing,
members and witnesses also discussed the trauma of gun violence
and the role of common-sense gun reform as part of the solution
to create supportive and healthy schools. The Committee heard tes-
timony from: Ms. Kristen Harper, Vice President for Public Policy
and Engagement, Child Trends; Mr. Guy Stephens, Founder and
Executive Director, Alliance Against Seclusion and Restraint; Ms.
Morgan Craven, J.D., National Director of Policy, Advocacy and
Community Engagement, Intercultural Development Research As-
sociation; and Mr. Max Eden, Research Fellow, American Enter-
prise Institute.
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 Commit-
tee’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 Congres-
sional Budget Act of 1974, the Committee has received the fol-
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lowing estimate for H.R. 5428 from the Director of the Congres-
sional Budget Office:
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20
U.S. CONGRESS,
CONGRESSIONAL BUDGET OFFICE,
Washington, DC, April 27, 2022.
Hon. ROBERT C. (BOBBY) SCOTT,
Chairman, Committee on Education and Labor,
House of Representatives, Washington, DC.
DEAR MR. CHAIRMAN: The Congressional Budget Office has pre-
pared the enclosed cost estimate for H.R. 5428, 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 Garrett Quenneville.
Sincerely,
PHILLIP L. SWAGEL,
Director.
Enclosure.
H.R. 5428, School.Shooting Safety and Preparedness Act
As ordered reported by the. House Committee on Educatkm and Labor on Marc;h 16; 2022
By Fiscal Year, Millions of Dollars 2022 2022-2026 2022-2031
Direct Spending (Outlays) 0 0 0
Revenues 0 0 0
Increase or Decrease (-)
in the Deficit 0 0 0
1 not estimated
H.R. 5428 would require the Secretary of Education, in coordina-
tion 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 $1 million over the 2022–2026 period to collect data
and write the annual reports; any spending would be subject to the
availability of appropriated amounts.
The CBO staff contact for this estimate is Garrett Quenneville.
The estimate was reviewed by H. Samuel Papenfuss, Deputy Direc-
tor for Budget Analysis.
COMMITTEE COST ESTIMATE
Clause 3(d)(1) of rule XIII of the Rules of the House of Rep-
resentatives requires an estimate and a comparison of the costs
that would be incurred in carrying out H.R. 5428. However, clause
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3(d)(2)(B) of that rule provides that this requirement does not
apply when the committee has included in its report a timely sub-
mitted cost estimate of the bill prepared by the Director of the Con-
Insert graphic folio 23 HR307.005
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21
gressional 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. 5428, as reported, are shown as follows:
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MINORITY VIEWS
Every Republican Member on this Committee believes that stu-
dents should be safe at school and that any child dealing with trau-
ma should receive the services necessary to heal. Yet instead of de-
bating this serious topic of school safety, the majority brought for-
ward a bill about reporting requirements and gun politics. This
partisan legislation, disguised as a data collection bill, was pushed
through the Committee this Congress without a single hearing—
denying Members an opportunity to discuss the bill’s substance. As
was noted last Congress when a substantially similar bill was
marked up, the Democrats’ own panelist noted at a school safety
forum in March 2018 that ‘‘gun safety is not in the purview of this
committee. . . .’’ 1 The sole hearing the Committee held on trauma
last Congress did not prove there is a need for detailed firearm
data beyond what is already available.
School violence is a serious topic that deserves serious solutions.
The latest Indicator report demonstrates one clear concern: too
many students feel unsafe at school.2 Yet, Democrats seem content
to collect data rather than offer students an opportunity to attend
a school where they feel safe. School choice would help these stu-
dents escape that fear and focus on learning.
Safety concerns due to firearms are also not the only threat stu-
dents face in schools, as a plethora of available and reported stud-
ies show. The hearing on examining trauma-informed practices in
education, held last Congress,3 highlighted that America’s students
experience trauma in a variety of ways. Committee Republicans
worked to improve the Majority’s flawed bill by offering an amend-
ment that would better provide policymakers, school leaders, fami-
lies, and other members of the public with accurate information on
school crime and safety from the relevant federal agencies already
collecting this data. The Republican amendment would have also
provided school officials with some evidence-based best practices for
how to address issues that may arise on school campuses.
H.R. 5428 does not improve upon the deficiencies that were
present in the bill from last Congress. In fact, it is not clear what
this legislation intends to accomplish. Therefore, Committee Re-
publicans are left to conclude that Democrats introduced this bill
merely to make a political point instead of addressing the safety of
students at school. Much of the data required under this legislation
is already collected by the relevant agencies. Further, while current
data indicates that there are multiple other challenges to school
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 Edu-
cation and the Workforce, March 20, 2018, Page 2.
2 https://nces.ed.gov/pubs2021/2021092.pdf, highlights section.
3 House Education and Labor Committee Subcommittee on Early Childhood, Elementary, and
Secondary Education hearing titled, The Importance of Trauma-informed Practices in Education
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to Assist Students Impacted by Gun Violence and Other Adversities, September 11, 2019.
(22)
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23
safety besides school shootings, the new data points required in
H.R. 5428 focus solely on firearms. The bill does not empower par-
ents, school leaders, and teachers to address the problems students
are facing.
In addition to concerns about the relevance of some of the data
required for the report, we have concerns about the burden it
would place on schools to report the data and on NCES to collect
the data. Additionally, requiring NCES to go back and revise pre-
viously published reports is inappropriate and overly demanding.
The task is also cost prohibitive when weighed against the relative
value of the data. All of this suggests that this legislation does not
appear to be about school safety but about gun politics.
CONFUSION IN THE FIELD
In expanding current definitions and creating new definitions,
Democrats are developing a new collection of information that will
likely cause confusion in the broader field of research and will 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 pol-
icymakers can crosscheck the data for consistency in both data
sets. Otherwise, the same incident could be included in two dif-
ferent 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. An-
other example of this confusion is the bill’s 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.
While that definition brings in incidents that occurred while a vic-
tim was traveling to or from a regular session at school, the data
could also include a random act of violence disconnected from the
school or the school system. Haphazardly redefining terms as this
bill does leads to inconsistent data that does not meet experts’,
schools’, parents’, and policymakers’ needs. As a result of this in-
consistent data, school and community leaders could establish inap-
propriate interventions or, worse, could provide parents or students
with a false sense of security or insecurity.
DATA COLLECTION CHALLENGES
While the issue of creating new definitions for data collection
purposes is serious, the scope of the data collection is equally prob-
lematic. When the data collection required is focused just on gun
crimes and does not put equal focus on 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 the variety of
problems impacting school safety. In this bill, the Democrats create
a significant requirement for reporting on firearms but completely
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ignore sexual assaults, stabbings, bullying, harassment, or as-
saults.
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24
To remedy this oversight, the Republican substitute amendment
required experts to review available data on all challenges to school
safety and to determine whether 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. Importantly though,
it does not unilaterally authorize any new data collection. Instead
of being singularly focused on guns, the Republican substitute
amendment was broadly focused on challenges to school safety in
every form.
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. Despite noting the concerns with the
legislation last Congress, it appears the Democrats have either ig-
nored or once again did not get any technical assistance from the
Department of Education (the Department) on this legislation. De-
spite the quick markup after notice on this bill, Committee Repub-
licans asked for technical assistance from the Department and
were informed of multiple concerns in that feedback. Some issues
that were raised by the Department and others include that the
Department cannot reliably determine how guns were stored or the
motivation of the shooter. The Department also does not have ac-
cess to 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, to access po-
lice records, and to create new definitions are some of the areas
where simple assistance from experts could have improved this bill.
The idea of doing retroactive collection of all the data on past
school shootings is also concerning, even if the information required
could be easily collected every year moving forward. If the Majority
had engaged in bipartisan conversations, 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, the Demo-
crats moved forward with a requirement to collect data for shoot-
ings that occurred ‘‘before the date of the enactment of the Act,’’
meaning going back to some unspecified starting date trying to
gather all the objective and subjective data required under the law.
This type of information gathering poses concerns about data reli-
ability 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. While some of this data
may be useful to law enforcement as they track down suspects,
much of it is useless in effecting either public policy or school safe-
ty. It is a further question whether even the more helpful data is
relevant and useful to school personnel looking to craft school safe-
ty policies and procedures. For instance, the bill collects data on
the weapon and ammunition used in a school shooting. This data
could help police track down a suspect or prevent a future crime;
however, it is not likely to help a principal or school board develop
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or enforce any particular safety policy because safety plans focus
on preventing incidents, not particular manufacturers’ products.
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25
The bill also tracks data concerning how a gun was purchased—
whether it was from a licensed gun dealer or an unlicensed sale.
Again, this may help law enforcement track down a suspect, or
even help policymakers with jurisdiction over criminal activity to
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 it
is not clear how this information would be useful to school per-
sonnel. Other details which the bill sets out to measure, such as
motivation of shooters and real or perceived bias, would be useful
to school leaders and parents looking to improve school safety, but
are too subjective to be measured 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 has been involved in
school shootings, but policymakers should be wary of drawing hard
conclusions about who is vulnerable to a possible incident in the fu-
ture based on such data. As we already know from the Averting
Targeted School Violence report issued by the U.S. Secret Service
in 2021, there is no profile of a student attacker nor is there a pro-
file for the type of school that has been targeted.4
WE HAVE THE DATA
We already have the data showing that too many of our schools
are unsafe. As the 2021 indicator report says, ‘‘violent deaths and
shootings at schools are rare but tragic events . . . Based on the
most recent datathere were a total of 56 school-associated violent
deaths in the 17–18 school year.’’ This included 46 homicides, nine
suicides, and one legal intervention death. 35 of those deaths and
eight of the suicides were of school-age youth.5 This is absolutely
heartbreaking.
The same 2021 report gives us historical data, telling us the
number of school shootings going back to the 2000–01 school year
as well as the number of incidents per year that led to injuries and
the number that resulted in deaths. Turning to the CDC’s school
associated violent death study, we know that homicide is the sec-
ond leading cause of death among youth aged 5–18. We also know
that less that 2 percent of these homicides occur on school grounds,
on the way to and from school, or at or on the way to and from
a school-sponsored event.6 Given that these statistics are known, it
is odd to see that a significant part of the bill focuses on gathering
data to report these same facts.
Other reports on school safety, for example the School Health
Policies and Practices Report showed the following about surveyed
schools:
4 https://www.secretservice.gov/sites/default/files/reports/2021-03/
USSS%20Averting%20Targeted%20School%20Violence.2021.03.pdf.
5 https://nces.ed.gov/pubs2021/2021092.pdf.
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6 https://www.cdc.gov/violenceprevention/youthviolence/schoolviolence/SAVD.html#:∼:text=
Homicide%20is%20the%20second%20leading,from%20a%20school%2Dsponsored%20event.
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26
• 75.9 percent of elementary schools use security cameras
and 85.5 of high schools do the same;
• 5.6 percent of elementary schools require uniforms and
77.2 percent of elementary schools require the enforcement of
some sort of dress code;
• almost the same percentage of elementary and high
schools require monitoring on campus;
• nearly all school districts have specific anti-bullying poli-
cies; and
• 71.8 percent of the districts have utilized material from
the Department of Education for crisis preparedness and 94.6
percent of them have a comprehensive district-level crisis plan.
This is already reported information, available to school leaders
and policy officials, yet this bill also requires NCES to collect infor-
mation on security measures and communications plans. This is
duplicative work for no value to those on the ground: school lead-
ers, parents, local officials, and medical professionals.
It is clear there is a lot of information available regarding safety
in schools and specific school safety incidents. There are reports
that have synthesized available data and done other research to
produce reports to help school leaders prevent or avert school vio-
lence. School leaders, law enforcement, parents, medical profes-
sionals already have the needed to help protect student safety.
That data is not skewed to focus solely on firearms but rather on
all challenges to student safety, so it is fundamentally more helpful
to politicians, law enforcement, and school personnel than the data
gathered by the Democrats unnecessary and tunnel-vision bill.
REJECTED REPUBLICANS AMENDMENTS
Republican Substitute
The Republican substitute amendment, offered by Rep. Burgess
Owens (R–UT), embraced ensuring that this important safety infor-
mation continues to be provided by the Department. The amend-
ment 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 deter-
mine what is actually happening in schools. It would also help in-
form decisions of school administrators about the actions that best
protect their students. The amendment also required the Depart-
ment, 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, to 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 fami-
lies.
School Choice
Democrats want to conduct study after study and report on prob-
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lems, regardless of how many times and in how many other ways
those problems are being studied and reported on. Tragically,
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27
though, they steadfastly refuse to offer children trapped in unsafe
schools a solution. Republicans, on the other hand, want solutions.
Unfortunately, an amendment that would actually offer children an
escape hatch is not germane to this bill, which goes to highlight
one of the problems with the Democrats’ bill.
School choice is a solution that works and is a solution most par-
ents support.7 The Urban Institute studied the tax credit scholar-
ship program in Florida, the country’s largest school choice pro-
gram. Its research found that students who enroll in private
schools through the program were more likely to attend and grad-
uate college than their public-school peers, and that the positive ef-
fects of the program increased with the number of years of partici-
pation.8 Finally, and of particular relevance in this legislation,
school choice can increase public safety and families’ perception of
safety. Research into Milwaukee’s citywide voucher program found
that students who participated in that program through 12th grade
committed fewer crimes than their publicschool peers.9 Other re-
search has consistently shown that student safety is a key
motivator for parents who place their children in school choice pro-
grams.10 Rep. Rick Allen (R–AL) offered a simple amendment to
look at the impact of school safety regarding school choice. Unfortu-
nately, Rep. Allen’s amendment was rejected along party lines.
Crime Wave
Rep. Elise Stefanik (R–NY) offered an amendment to add rel-
evant data elements to the required report. Violent crime has esca-
lated in communities across the country. There has been a signifi-
cant increase in homicides and aggravated assaults throughout the
United States. If the Committee is concerned about children’s safe-
ty, the focus should be on policies that help deter and punish crime
instead of on revising a statistical report. The criminal justice sys-
tem should include a robust police force that faithfully enforces the
laws of the land without bias and with fairness for all. It should
include a justice system that includes vigorous prosecution of crimi-
nal activity, especially violent activity. Instead, we have people ad-
vocating to defund the police—including school resource officers—
to let violent criminals out of jail, and to not prosecute alleged
criminals for their crimes. A statistical report on school shootings
will not keep our children safe. Rep. Stefanik’s amendment was re-
jected along party lines.
CONCLUSION
Once again, the Majority passed a partisan bill that does little
to provide educators or school staff with the tools to help trauma-
tized students. Instead of using the markup to develop real solu-
tions to address school safety, the Democrats trotted out a flawed
bill that made no improvements to the text that was marked up
last Congress. When the Democrats showcase a real willingness to
7 https://www.federationforchildren.org/new-poll-school-choice-support-at-all-time-high/.
8 https://www.urban.org/research/publication/effects-florida-tax-credit-scholarship-program-col-
lege-enrollment-and-graduation.
9 http://www.uaedreform.org/downloads/2016/03/the-school-choice-voucher-a-get-out-of-jail-
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card.pdf.
10 https://www.heritage.org/education/commentary/here-are-10-reasons-school-choice-winning.
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28
address these issues constructively, Republicans remain ready to
engage in a serious conversation on school safety.
VIRGINIA FOXX,
Ranking Member.
JOE WILSON.
GLENN ‘‘GT’’ THOMPSON.
TIM WALBERG.
GLENN GROTHMAN.
ELISE M. STEFANIK.
RICK W. ALLEN.
JIM BANKS.
JAMES COMER.
RUSS FULCHER.
FRED KELLER.
MARIANNETTE MILLER MEEKS,
M.D.
BURGESS OWENS.
LISA C. MCCLAIN.
MARY E. MILLER.
SCOTT FITZGERALD.
MADISON CAWTHORN.
JULIA LETLOW.
CHRIS JACOBS.
Æ
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