Short title

This Act may be cited as the

Safe Schools Against Violence in Education Act

or the

SAVE Act

Findings

Congress finds the following: (1)The Department of Education reports that— (A)in 2003–2004, six States or outlying areas (Nevada, New Jersey, New York, Oregon, Pennsylvania, Puerto Rico, and Texas) reported a total of 47 schools that were designated as persistently dangerous; (B)in 2004–2005, four States or outlying areas (New Jersey, Pennsylvania, Puerto Rico, and South Dakota) reported a total of 39 schools that were designated as persistently dangerous; (C)in 2005–2006, seven States or outlying areas (Georgia, Maryland, New Jersey, New York, Pennsylvania, Texas, and Puerto Rico) reported a total of 36 schools that were designated as persistently dangerous; and (D)in 2006–2007, seven States or outlying areas (Maryland, New Jersey, New York, Pennsylvania, South Dakota, Texas, and Puerto Rico) reported an original finding of 34 schools that were designated as persistently dangerous (a final finding is not yet available). (2)In December 2006, the National Center for Education Statistics and the Bureau of Justice Statistics released a joint report that contains the most recent data available on crime and student safety, titled “Indicators of School Crime and Safety: 2006” (the Indicators report). (3)The “Indicators” report is based on surveys, research, and self-reported data; further it is not the most current data available on K–12 school related crime. (4)The National Incident-Based Reporting System (NIBRS) was developed by the Federal Bureau of Investigation as part of the Uniform Crime Reporting (UCR) Program. NIBRS presents comprehensive, detailed information about crime incidents to law enforcement, researchers, governmental planners, students of criminology, and the general public. NIBRS currently collects data on all reported incidents of crime. This data is included in an annual UCR report. Because NIBRS collects the details of crime incidents, it provides great specificity in reporting. (5)According to the “Indicators” report, in the 2004–2005 school year, there were an estimated 54,900,000 students in pre-kindergarten through grade 12. Preliminary data on fatal victimization show youth ages 5 to 18 were victims of 28 school-associated violent deaths from July 1, 2004, through June 30, 2005. In 2004, students ages 12 to 18 were victims of about 1,400,000 nonfatal crimes at schools, including about 863,000 thefts and 583,000 violent crimes (simple assault and serious violent crime), of which 107,000 were serious violent crimes (rape, sexual assault, robbery, and aggravated assault). (6)The Indicators report states that in 2005, 6 percent of students in grades 9–12 reported they had carried a weapon on school property, and 10 percent of male students carried a weapon on school property. Further, a February 2006 Department of Education report titled “Report on the Implementation of the Gun Free Schools Act of 1994 in the States and Outlying Areas” states that 2,143 students were expelled for bringing or possessing a firearm. Of those, 58 percent were seniors, 31 percent were junior high, and 11 percent were elementary school. (7)The “Indicators” report states that in 2005, 6 percent of students ages 12–18 reported that they had been afraid of attack at school or on the way to and from school. (8)The “Indicators” report states that in 2005, 6 percent of students ages 12–18 reported that they either skipped school activities or avoided specific places in school because they were fearful. Six percent of urban students, 4 percent of suburban students, and 3 percent of rural students reported avoiding activities or places. (9)The “Indicators” report states in 2005, 24 percent of students ages 12–18 reported that street gangs were present at their school during the previous six months. (10)The Indicators report states in 2005, 28 percent of students ages 12 to 18 reported having been bullied in schools in the last 6 months. (11)The Office of the New York State Comptroller’s May 2006 report found that at schools they sampled more than 80 percent of the documented incidents were not reported to the State, and in a number of instances the most serious types of incidents were unreported such as sexual offenses and incidents involving the use of a weapon. (12)Accurate data is important to meet the educational goal of safe climate for academic achievement. Accurate data enables administrators to assess the impact of programs that have been implemented to promote school safety and to assess whether additional efforts are needed. Accurate data provides the basis for grant applications and other funding. Accurate data is useful in assessing the costs associated with discipline problems and allocating resources appropriately. Accurate data is useful in determining whether goals are being accomplished and can assist in developing solutions for prevention and intervention. (13)In its October 23, 2006, appearance before the Secretary’s advisory committee meeting on the unsafe school choice option (USCO)and the identification of persistently dangerous schools, the Office of the Inspector General (OIG) of the Department of Education reported that it had audited five States on the USCO: California, Georgia, Iowa, New Jersey, and Texas. The OIG identified common trends in States’ USCO policies that are not consistent with the non-regulatory guidance, including: common violent offenses being excluded from the persistently dangerous determination; measuring disciplinary outcomes rather than the occurrence of violent incidents; and requiring thresholds to be met for two to three consecutive years before identifying a schools as persistently dangerous. Based on issues identified through the audits, the OIG encouraged the Department and the Congress to consider amending the USCO provision to require States to ensure that their USCO policies meet three basic requirements: that all violent incidents, according to State code, are factored into the persistently dangerous school determination, without the use of disciplinary action qualifiers; that benchmarks for determinations of persistently dangerous schools are set at reasonable levels that are supported by objective and reliable data; and that determinations are identified based upon the most current year of data. (14)On October 24, 2006, Secretary Spellings stated before the advisory committee meeting on the unsafe school choice option and the identification of persistently dangerous schools, that “better coordination and connection could be made with that community both from the law enforcement side and from the school side,” and discussed the issue of data sharing and information between law enforcement and educators. (15)The Center for Social and Emotional Education recently commissioned a national survey of 40 school leaders (principals, superintendents, State Department of Education and national level leaders) from across America (MMS Education, 2006). Over 90 percent of the school leaders interviewed indicated that school climate was an area of interest and focus. In fact, 82 percent stated that school climate was an “extremely important” or “very important” topic. Importantly, 79 percent of the school leaders who used school climate evaluations discovered that they generated positive school improvement change. (16)There is a growing body of research that powerfully supports the idea that how we feel about school—or school climate—affects student learning and development.

School safety choice option

(a)

In general

Section 9532 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7912) is amended to read as follows:

9532.

School safety choice option

(a)

In general

Each State receiving funds under this Act shall establish and implement a statewide policy requiring that a student who is attending a public elementary or secondary school that does not have a safe climate for academic achievement, as determined by the State in consultation with a representative sample of local educational agencies, parent groups, and local law enforcement agencies or other experts in the area of school safety, or who becomes a victim of a violent criminal offense, as determined by State law, while in or on the grounds of or on a school bus of, or on a school function of, a public elementary school or secondary school that the student attends, be allowed to attend a safe public elementary school or secondary school within the local educational agency, including a public charter school. The policy shall further provide for the option of counseling or removal of the offender where appropriate. (b)

Determinations of safe climate

(1)

In general

A determination whether a school has a safe climate for academic achievement for purposes of subsection (a) must be based on verifiable data that is reported in a consistent and uniform manner as prescribed by the State education agency. The Secretary shall provide guidance on what the best practices are for implementation and monitoring of the policies required by this section. (2)

School must develop plan

If a school is determined not to have a safe climate for academic achievement, it shall develop and implement strategic and tactical interventions, based on analysis of the data and issues of local concern, to create a safer school environment. (3)

Reporting by States

Each State shall submit to the Secretary for review its policies on how it determines whether a school has a safe climate for academic achievement. If, after review of the State’s policies, the Secretary determines that the policies would be ineffective in determining whether a school has a safe climate for academic achievement, the Secretary may require the State to redevelop those policies. Each State shall report to the Secretary, on an annual basis, the number of schools determined not to have a safe climate for academic achievement, the number of students who have transferred, and the number of offenders who have been removed pursuant to this section. (4)

Request that FBI Provide Information

The Secretary shall request the Director of the Federal Bureau of Investigation to make available for inclusion in the report on Indicators of School Crime and Safety any data or other information the Bureau has available, through the Uniform Crime Reporting System or the National Incidents-Based Reporting System, on the occurrence and incidence of school-related crime in elementary and secondary schools. The Secretary shall make available any data or other information it receives from the Bureau to the States. (5)

Inclusion in policies

Each State shall, in developing its policies on how it determines whether a school has a safe climate for academic achievement, include information on school related crime data, without the use of disciplinary action qualifiers, reported pursuant to title IV (including section 4141) and collected by the National Incidents Based Reporting System, or information consistent with that which is reported in the National Incident Based Reporting System, if the State is not certified under that system. The policies shall provide for the comparison and evaluation for consistency of the information collected under this section. (c)

Parental notification

(1)

In general

Each State shall complete its determinations under subsection (a) as to which schools do not have a safe climate for academic achievement in time to permit the local educational agencies to allow, at least 45 days before the start of the school year, a student who would attend such a school to instead attend a safe school, as provided in subsection (a). (2)

Notice

After making such a determination, the State shall notify the local educational agency of the determination. Within a reasonable time after being so notified, the local educational agency shall provide, to the custodial parent or guardian of each student in the school, a notice of the determination. The notice shall describe the determination and explain that, by reason of the determination, the student is allowed by subsection (a) to attend another school. (3)

Form of notice

A notice to a parent under paragraph (2) shall be in an understandable and uniform format and, to the extent practicable, in a language that the parent can understand. (d)

Evaluations by States

Each State shall, on an ongoing basis, using verifiable documentation, evaluate the extent to which local educational agencies are in compliance with this section. (e)

Certification

As a condition of receiving funds under this Act, a State shall certify in writing to the Secretary that the State is in compliance with this section. The certification must be based on verifiable data that is reported in a consistent and uniform manner as prescribed by the State education agency. (f)

Periodic evaluation

The Inspector General of the Department of Education shall conduct an independent annual evaluation of the extent to which States are in compliance with this section. Each annual evaluation shall cover a sample of States, selected on a rotating basis.

(b)

Conforming amendment

The table of contents at the beginning of such Act is amended by striking the item relating to section 9532 and inserting the following:

9532. School safety choice option.

Uniform management information and reporting system relating to safe and drug-free schools

Section 4112 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7112) is amended in subsection (c)(3) as follows: (1)

Certification

Subparagraph (D) is amended by adding at the end the following: For each school, the local educational agency concerned shall certify to the State education agency that the information reported under this subparagraph is accurate and complete. Each State shall report such information to the Secretary on an annual basis. A local educational agency that intentionally fails to report complete and accurate information is not in compliance with this subparagraph and shall not, during any period of noncompliance, receive any funds under this Act.. (2)

Multiple perpetrators

Such subsection (c)(3) is further amended by adding at the end the following:

(F)

Incident with multiple perpetrators

For purposes of this paragraph, an incident that involves more than one perpetrator shall be treated as a single incident with multiple perpetrators. (G)

Handbook for school crime, offense, and incident reporting

The Secretary shall publish a handbook for school crime, offense, and incident reporting, modeled after the Handbook for Campus Crime Reporting, to provide clear guidance on specifically what crimes, offenses, and incidents must be reported to meet the reporting requirements of this paragraph. The handbook shall provide assistance and explanation in a step by step and readable manner, and provide contact information if further assistance is necessary. The handbook shall also include the recommendations of the Secretary on using consistent national definitions for the crimes, offenses, and incidents which are required to be reported pursuant to this paragraph. The first such handbook shall be published not later than 6 months after the date of the enactment of the Safe Schools Against Violence in Education Act. (H)

Evaluations by States

Each State shall, on an ongoing basis, evaluate the extent to which local educational agencies are in compliance with this paragraph. The evaluation shall include an assessment of the accuracy of the information described under subparagraph (B). (I)

Periodic evaluation

The Inspector General of the Department of Education shall conduct an independent annual evaluation of the extent to which States are in compliance with this paragraph. Each annual evaluation shall cover a sample of States, selected on a rotating basis.

Gun-free requirements

Section 4141 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7151) is amended— (1)in subsection (d)— (A)in the matter preceding paragraph (1), by striking shall provide to the State, in the application requesting such assistance— and inserting shall, in the application requesting such assistance or using a form designated by the State for such purpose, provide to the State the following information, together with a certification that the information so provided is accurate and complete:; (B)in paragraph (1) by striking ; and at the end and inserting a period; (C)in paragraph (2)— (i)in the matter preceding subparagraph (A), by inserting after subsection (b), the following: or any modifications allowed under subsection (b) that result in removals or long-term suspensions rather than expulsions,; and (ii)in subparagraph (B), by inserting after expelled the following: or removed or suspended for a long term; and (D)by adding at the end the following:

(3)a description of the circumstances surrounding every incident in which any person who is not legally permitted to possess a firearm, student or non-student, is determined to have brought a firearm to a school or on a school bus or on a school function or school-related activity, or to have possessed a firearm at a school or on a school bus or during a school function or school-related activity, under the jurisdiction, control, and authority of that local educational agency or its employees or agents, including— (A)the name of the school concerned; (B)the number of persons involved, student or non-student, if any; and (C)the type of firearms concerned.

; and

(2)by adding at the end the following:

(i)

Evaluations by States

Each State shall, on an ongoing basis, evaluate the extent to which local educational agencies are in compliance with this section. The evaluation shall include an assessment of the accuracy of the information described in subsection (d). A local educational agency that intentionally fails to report complete and accurate information is not in compliance with this subsection and shall not, during any period of noncompliance, receive any funds under this Act. (j)

Periodic Evaluation

Additional authorized activities for local educational agencies to implement school safety plans

Section 4115 of the Elementary and Secondary Education Act of 1965 (42 U.S.C. 7115) is amended in subsection (b)(2) by adding at the end the following:

(G)Establishing and implementing a comprehensive school safety plan that incorporates input from the community, including local law enforcement, and is updated at least every year. (H)Ensuring that all members of the school district staff, including part-time employees and substitute teachers, are trained in all necessary elements of the comprehensive school safety plan.

Funding priority for schools that do not have a safe climate for academic achievement

Section 4121 of the Elementary and Secondary Education Act of 1965 (42 U.S.C. 7131) is amended by adding at the end the following:

(c)

Priority for schools that do not have safe climate

In determining which persons are to receive grants, contracts, and cooperative agreements under subsection (a), the Secretary shall consider the extent to which the proposed grant, contract, or cooperative agreement will benefit schools that do not have a safe climate for academic achievement and shall give extra weight to proposals that will benefit such schools.

School climate survey

Section 4121(a) of the Elementary and Secondary Education Act of 1965 (42 U.S.C. 7131(a)) is amended— (1)in paragraph (8) by striking and at the end; (2)by redesignating paragraph (9) as paragraph (10); and (3)by inserting after paragraph (8) the following:

(9)the administration of a schoolwide climate survey of students, parents, and school personnel that— (A)should be used as a pre-post intervention measure to— (i)promote student participation and the recognition of “student voice”; (ii)build authentic school-home-community partnerships; (iii)promote an authentic learning community; and (iv)create a collaborative plan for school improvement; and (B)should measure— (i)the degree to which collaborative leadership and a professional learning community exist, including— (I)the degree to which school administrators are effective in communicating with different role groups and in setting high performance expectations for teachers and students; (II)the establishment of an effective school leadership team; and (III)the amount and quality of involvement of parents and community members in the school; (ii)the personalization of the school environment, including— (I)the quality of the interpersonal and professional relationships between teachers and students; (II)student self-discipline and tolerance for others; and (III)students’ care and respect for one another and their mutual cooperation; and (iii)the strength of the curriculum, instruction, and assessment, including— (I)student attention to task and concern for achievement at school; (II)the identification of a set of essential learnings in core academic areas in which students must demonstrate achievement in order to advance to the next level; and (III)the promotion of service programs and student activities as integral to an education, providing opportunities for all students that support and extend academic learning; and

Authorization of appropriations for Safe and Drug-Free Schools and Communities

Section 4003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7103) is amended— (1)in paragraph (1)— (A)by striking $650,000,000 for fiscal year 2002 and inserting $700,000,000 for fiscal year 2008; and (B)by inserting before the semicolon the following: , of which $15,000,000 shall be available for each such fiscal year to carry out section 9532(b)(2); and (2)in paragraph (2) by striking such sums for fiscal year 2002 and inserting $250,000,000 for fiscal year 2008.