[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3739 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3739

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 2010

  Mr. Casey (for himself, Mrs. Murray, Mr. Burris, Ms. Cantwell, Ms. 
     Klobuchar, Mr. Brown of Ohio, Mr. Feingold, Mr. Merkley, Mrs. 
Gillibrand, Mr. Sanders, and Mr. Wyden) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 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. SHORT TITLE.

    This Act may be cited as the ``Safe Schools Improvement Act of 
2010''.

SEC. 2. 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;
                    (B) by redesignating subparagraph (D) as 
                subparagraph (F); and
                    (C) by inserting after subparagraph (C) (as amended 
                by subparagraph (A)) the following:
                    ``(D) the incidence and prevalence of reported 
                incidents of bullying and harassment;
                    ``(E) 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; and'';
            (2) in paragraph (18), by striking ``and'' at the end;
            (3) by redesignating paragraph (19) as paragraph (20); and
            (4) by inserting after paragraph (18) (as amended by 
        paragraph (2)) the following:
            ``(19) provides an assurance that the State educational 
        agency will provide assistance to school districts and schools 
        in their efforts to prevent and appropriately respond to 
        incidents of bullying and harassment and describes how the 
        State educational agency will meet the requirements of this 
        paragraph; and''.
    (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 subclause (I), by striking ``and'' at the 
                end; and
                    (B) 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) grievance 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 district 
                        officials who are designated as responsible for 
                        receiving such complaints; and
                            ``(ii) timelines that the school 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, specialized 
                        instructional support personnel, and other 
                        school personnel regarding strategies to 
                        prevent bullying and harassment and to 
                        effectively intervene when incidents of 
                        bullying and harassment 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. 7161) 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 and harassment.--Such section is further 
        amended--
                    (A) by redesignating paragraphs (4) through (11) 
                (as amended by paragraphs (2) and (3)), as paragraphs 
                (6) through (13), respectively;
                    (B) by redesignating paragraphs (1) through (3) (as 
                amended by paragraph (1)), as paragraphs (2) through 
                (4), respectively;
                    (C) by inserting before paragraph (2) (as 
                redesignated by subparagraph (B)) the following:
            ``(1) Bullying.--The term `bullying'--
                    ``(A) means conduct that adversely affects the 
                ability of one or more students to participate in or 
                benefit from the school's educational programs or 
                activities by placing the student (or students) in 
                reasonable fear of physical harm; and
                    ``(B) includes conduct that is based on--
                            ``(i) a student's actual or perceived--
                                    ``(I) race;
                                    ``(II) color;
                                    ``(III) national origin;
                                    ``(IV) sex;
                                    ``(V) disability;
                                    ``(VI) sexual orientation;
                                    ``(VII) gender identity; or
                                    ``(VIII) religion;
                            ``(ii) any other distinguishing 
                        characteristics that may be defined by a State 
                        or local educational agency; or
                            ``(iii) association with a person or group 
                        with one or more of the actual or perceived 
                        characteristics listed in clause (i) or 
                        (ii).''; and
                    (D) by inserting after paragraph (4) (as 
                redesignated by subparagraph (B)) the following:
            ``(5) Harassment.--The term `harassment'--
                    ``(A) means conduct that adversely affects the 
                ability of one or more students to participate in or 
                benefit from the school's educational programs or 
                activities because the conduct, as reasonably perceived 
                by the student (or students), is so severe, persistent, 
                or pervasive; and
                    ``(B) includes conduct that is based on--
                            ``(i) a student's actual or perceived--
                                    ``(I) race;
                                    ``(II) color;
                                    ``(III) national origin;
                                    ``(IV) sex;
                                    ``(V) disability;
                                    ``(VI) sexual orientation;
                                    ``(VII) gender identity; or
                                    ``(VIII) religion;
                            ``(ii) any other distinguishing 
                        characteristics that may be defined by a State 
                        or local educational agency; or
                            ``(iii) association with a person or group 
                        with one or more of the actual or perceived 
                        characteristics listed in clause (i) or 
                        (ii).''.
    (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 invalidate or limit rights, remedies, 
procedures, or legal standards available to victims of discrimination 
under any other Federal law or law of a State or political subdivision 
of a State, 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 or 505 of the Rehabilitation Act of 
1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.). The obligations imposed by this part 
are in addition to those imposed by 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), and 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 
(including remedies and procedures) available to individuals under, 
other Federal laws that establish protections for freedom of speech or 
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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