[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5184 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5184

To amend the Safe and Drug-Free Schools and Communities Act to include 
              bullying and harassment prevention programs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2010

Mr. Davis of Illinois (for himself, Mr. Cuellar, Mr. McGovern, Mr. Neal 
of Massachusetts, Ms. Bordallo, and Mr. Olver) introduced the following 
    bill; which was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
To amend the Safe and Drug-Free Schools and Communities Act to include 
              bullying and harassment prevention programs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. BULLYING AND HARASSMENT PREVENTION POLICIES, PROGRAMS, AND 
              STATISTICS.

    (a) State Reporting Requirements.--Section 4112(c)(3)(B)(iv) of the 
Safe and Drug-Free Schools and Communities Act (20 U.S.C. 
7112(c)(3)(B)(iv)) is amended by inserting ``, including bullying and 
harassment,'' after ``violence''.
    (b) State Application.--Section 4113(a) of such Act (20 U.S.C. 
7113(a)) is amended--
            (1) in paragraph (9)--
                    (A) in subparagraph (C), by striking ``and'' at the 
                end; and
                    (B) by adding at the end the following:
                    ``(E) the incidence and prevalence of reported 
                incidents of bullying and harassment; and
                    ``(F) the perception of students regarding their 
                school environment, including with respect to the 
                prevalence and seriousness of incidents of bullying and 
                harassment and the responsiveness of the school to 
                those incidents;'';
            (2) in paragraph (18), by striking ``and'' at the end;
            (3) in paragraph (19), by striking the period at the end 
        and inserting ``; and''; and
            (4) by adding at the end the following:
            ``(20) provides an assurance that the State educational 
        agency will provide assistance to districts and schools in 
        their efforts to prevent and appropriately respond to incidents 
        of bullying and harassment and describes how the agency will 
        meet this requirement.''.
    (c) Local Educational Agency Program Application.--Section 4114(d) 
of such Act (20 U.S.C. 7114(d)) is amended--
            (1) in paragraph (2)(B)(i)--
                    (A) in the matter preceding subclause (I), by 
                striking the semicolon and inserting a comma;
                    (B) in subclause (I), by striking ``and'' at the 
                end; and
                    (C) by adding at the end the following:
                                    ``(III) performance indicators for 
                                bullying and harassment prevention 
                                programs and activities; and''; and
            (2) in paragraph (7)--
                    (A) in subparagraph (A), by inserting ``, including 
                bullying and harassment'' after ``disorderly conduct'';
                    (B) in subparagraph (D), by striking ``and'' at the 
                end; and
                    (C) by adding at the end the following:
                    ``(F) annual notice to parents and students 
                describing the full range of prohibited conduct 
                contained in the discipline policies described in 
                subparagraph (A); and
                    ``(G) complaint procedures for students or parents 
                that seek to register complaints regarding the 
                prohibited conduct contained in the discipline policies 
                described in subparagraph (A), including--
                            ``(i) the name of the school or district 
                        officials who are designated as responsible for 
                        receiving such complaints; and
                            ``(ii) timelines that the school or 
                        district will follow in the resolution of such 
                        complaints;''.
    (d) Authorized Activities.--Section 4115(b)(2) of such Act (20 
U.S.C. 7115(b)(2)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (vi), by striking ``and'' at the end;
                    (B) in clause (vii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(viii) teach students about the 
                        consequences of bullying and harassment.''; and
            (2) in subparagraph (E), by adding at the end the 
        following:
                            ``(xxiii) Programs that address the causes 
                        of bullying and harassment and that train 
                        teachers, administrators, and counselors 
                        regarding strategies to prevent bullying and 
                        harassment and to effectively intervene when 
                        such incidents occur.''.
    (e) Reporting.--Section 4116(a)(2)(B) of such Act (20 U.S.C. 
7116(a)(2)(B)) is amended by inserting ``, including bullying and 
harassment,'' after ``drug use and violence''.
    (f) Impact Evaluation.--Section 4122 of such Act (20 U.S.C. 7132) 
is amended--
            (1) in subsection (a)(2), by striking ``and school 
        violence'' and inserting ``school violence, including bullying 
        and harassment,''; and
            (2) in the first sentence of subsection (b), by inserting 
        ``, including bullying and harassment,'' after ``drug use and 
        violence''.
    (g) Definitions.--
            (1) Drug and violence prevention.--Paragraph (3)(B) of 
        section 4151 of such Act (20 U.S.C. 7151) is amended by 
        inserting ``, bullying, and other harassment'' after ``sexual 
        harassment and abuse''.
            (2) Protective factor, buffer, or asset.--Paragraph (6) of 
        such section is amended by inserting ``, including bullying and 
        harassment'' after ``violent behavior''.
            (3) Risk factor.--Paragraph (7) of such section is amended 
        by inserting ``, including bullying and harassment'' after 
        ``violent behavior''.
            (4) Bullying, harassment, and violence.--Such section is 
        further amended by adding at the end the following:
            ``(12) Bullying.--
                    ``(A) In general.--The term `bullying' means 
                conduct, including conduct that is based on a student's 
                actual or perceived identity with regard to race, 
                color, national origin, gender identity, disability, 
                sexual orientation, religion, or any other 
                distinguishing characteristics that may be defined by a 
                State or local educational agency that--
                            ``(i) is directed at one or more students;
                            ``(ii) substantially interferes with 
                        educational opportunities or educational 
                        programs of such students; and
                            ``(iii) adversely affects the ability of a 
                        student to participate in or benefit from the 
                        school's educational programs or activities by 
                        placing a student in reasonable fear of 
                        physical harm.
                    ``(B) Association.--Such term includes conduct 
                described in clauses (i), (ii), and (iii) of 
                subparagraph (A) that is based on--
                            ``(i) a student's association with another 
                        individual; and
                            ``(ii) a characteristic of the other 
                        individual that is referred to in subparagraph 
                        (A).
                    ``(C) Cyberbullying.--
                            ``(i) In general.--Such term includes 
                        conduct described in subparagraph (A) that is 
                        undertaken, in whole or in part, through use of 
                        technology or electronic communications 
                        (including electronic mail, internet 
                        communications, instant messages, or facsimile 
                        communications) to transmit images, text, 
                        sounds, or other data.
                            ``(ii) Sexting.--Such term includes 
                        transmitting a nude picture by a means 
                        described in clause (i) if such transmission 
                        constitutes conduct described in subparagraph 
                        (A).
                            ``(iii) False identity.--Such term includes 
                        knowingly impersonating another person as the 
                        author of posted content or messages on the 
                        Internet in order to trick, tease, harass, or 
                        spread rumors about the other person.
            ``(13) Harassment.--The term `harassment' means conduct, 
        including conduct that is based on a student's actual or 
        perceived identity with regard to race, color, national origin, 
        gender identity, disability, sexual orientation, religion, or 
        any other distinguishing characteristics that may be defined by 
        a State or local educational agency, that--
                    ``(A) is directed at one or more students;
                    ``(B) substantially interferes with educational 
                opportunities or educational programs of such students; 
                and
                    ``(C) adversely affects the ability of a student to 
                participate in or benefit from the school's educational 
                programs or activities because the conduct as 
                reasonably perceived by the student is so severe, 
                persistent, or pervasive.
            ``(14) Violence.--The term `violence' includes bullying and 
        harassment.''.
    (h) Effect on Other Laws.--
            (1) Amendment.--The Safe and Drug-Free Schools and 
        Communities Act (20 U.S.C. 7101 et seq.) is amended by adding 
        at the end the following:

``SEC. 4156. EFFECT ON OTHER LAWS.

    ``(a) Federal and State Nondiscrimination Laws.--Nothing in this 
part shall be construed to alter legal standards regarding, or limit 
rights available to victims of, bullying or harassment under other 
Federal or State laws, including title VI of the Civil Rights Act of 
1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 
1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 
1973 (29 U.S.C. 794), or the Americans with Disabilities Act of 1990 
(42 U.S.C. 12101 et seq.).
    ``(b) Free Speech and Expression Laws.--Nothing in this part shall 
be construed to alter legal standards regarding, or affect the rights 
available to individuals under, other Federal laws that establish 
protections for freedom of speech and expression.''.
            (2) Clerical amendment.--The table of contents of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 
        et seq.) is amended by adding after the item relating to 
        section 4155 the following:

``Sec. 4156. Effect on other laws''.
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