[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 919 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 919

  To authorize grant programs to ensure successful, safe, and healthy 
                               students.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 9, 2011

 Mr. Harkin (for himself and Mrs. Gillibrand) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To authorize grant programs to ensure successful, safe, and healthy 
                               students.

    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 ``Successful, Safe, and Healthy 
Students Act of 2011''.

SEC. 2. PURPOSE.

    The purpose of this Act is to assist States in developing and 
implementing comprehensive programs and strategies to foster positive 
conditions for learning in public schools, in order to increase 
academic achievement for all students through the provision of Federal 
assistance to States for--
            (1) promotion of student physical health and well-being, 
        nutrition, and fitness;
            (2) promotion of student mental health and well-being;
            (3) prevention of violence, harassment (which includes 
        bullying), and substance abuse among students; and
            (4) promotion of safe and supportive schools.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Child and adolescent psychiatrist; other qualified 
        psychologist; school counselor; school psychologist; school 
        social worker.--The terms ``child and adolescent 
        psychiatrist'', ``other qualified psychologist'', ``school 
        counselor'', ``school psychologist'', and ``school social 
        worker'' shall have the meanings given the terms in section 
        5421(e) of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 7245(e)).
            (2) Conditions for learning.--The term ``conditions for 
        learning'' means conditions that advance student achievement 
        and positive child and youth development by proactively 
        supporting schools (inclusive of in and around the school 
        building, pathways to and from the school and students' homes, 
        school-sponsored activities, and electronic and social media 
        involving students or school personnel) that--
                    (A) promote physical, mental, and emotional health;
                    (B) ensure physical and emotional safety for 
                students and staff;
                    (C) promote social, emotional, and character 
                development; and
                    (D) have the following attributes:
                            (i) Provide opportunities for physical 
                        activity, good nutrition, and healthy living.
                            (ii) Are free of harassment (which includes 
                        bullying), abuse, dating violence, and all 
                        other forms of interpersonal aggression or 
                        violence.
                            (iii) Prevent use and abuse of drugs 
                        (including tobacco, alcohol, illegal drugs, and 
                        unauthorized use of pharmaceuticals).
                            (iv) Are free of weapons.
                            (v) Do not condone or tolerate unhealthy or 
                        harmful behaviors, including discrimination of 
                        any kind.
                            (vi) Help staff and students to model 
                        positive social and emotional skills, including 
                        tolerance and respect for others.
                            (vii) Promote concern for the well-being of 
                        students, including through the presence of 
                        caring adults.
                            (viii) Employ adults who have--
                                    (I) high expectations for student 
                                conduct, character, and academic 
                                achievement; and
                                    (II) the capacity to establish 
                                supportive relationships with students.
                            (ix) Engage families and community members 
                        in meaningful and sustained ways to promote 
                        positive student academic achievement, 
                        developmental, and social outcomes.
            (3) Conditions for learning measurement system.--
                    (A) In general.--The term ``conditions for learning 
                measurement system'' means a State reporting and 
                information system that measures conditions for 
                learning in the State and is, to the extent possible, 
                part of the State's statewide longitudinal data system 
                and with the State's system for reporting the data 
                required under section 1111 of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6311).
                    (B) Description of system.--Such system shall--
                            (i) contain, at a minimum, data from valid 
                        and reliable surveys of students and staff and 
                        the indicators in clause (ii) that allow staff 
                        at the State, local educational agencies, and 
                        schools to examine and improve school-level 
                        conditions for learning;
                            (ii) collect school-level data on--
                                    (I) physical education indicators;
                                    (II) individual student attendance 
                                and truancy;
                                    (III) in-school suspensions, out-
                                of-school suspensions, expulsions, 
                                referrals to law enforcement, school-
                                based arrests, and disciplinary 
                                transfers (including placements in 
                                alternative schools) by student;
                                    (IV) the frequency, seriousness, 
                                and incidence of violence and drug-
                                related offenses resulting in 
                                disciplinary action in elementary 
                                schools and secondary schools in the 
                                State; and
                                    (V) the incidence and prevalence, 
                                age of onset, perception of health 
                                risk, and perception of social 
                                disapproval of drug use and violence, 
                                including harassment (which includes 
                                bullying), by youth and school 
                                personnel in schools and communities;
                            (iii) collect and report data, including, 
                        at a minimum, the data described in subclauses 
                        (II), (III), and (V) of clause (ii), in the 
                        aggregate and disaggregated by the categories 
                        of race, ethnicity, gender, disability status, 
                        migrant status, English proficiency, and status 
                        as economically disadvantaged, and cross 
                        tabulated across all of such categories by 
                        gender and by disability;
                            (iv) protect student privacy, consistent 
                        with applicable data privacy laws and 
                        regulations, including section 444 of the 
                        General Education Provisions Act (20 U.S.C. 
                        1232g, commonly known as the ``Family 
                        Educational Rights and Privacy Act of 1974''); 
                        and
                            (v) to the extent possible, utilize a web-
                        based reporting system.
                    (C) Compiling statistics.--In compiling the 
                statistics required to measure conditions for learning 
                in the State--
                            (i) the offenses described in subparagraph 
                        (B)(ii)(IV) shall be defined pursuant to the 
                        State's criminal code, and aligned to the 
                        extent possible, with the Federal Bureau of 
                        Investigation's Uniform Crime Reports 
                        categories, but shall not identify victims of 
                        crimes or persons accused of crimes and the 
                        collected data shall include incident reports 
                        by school officials, anonymous student surveys, 
                        and anonymous teacher surveys;
                            (ii) the performance metrics that are 
                        established under section 5(i) shall be 
                        collected and the performance on such metrics 
                        shall be defined and reported uniformly 
                        statewide;
                            (iii) the State shall collect, analyze, and 
                        use the data under subparagraph (B)(ii), as 
                        required under section 5(g)(5), at least 
                        annually, except the indicators under 
                        subparagraph (B)(ii)(V) may be collected, at a 
                        minimum, every 2 years; and
                            (iv) grant recipients and subgrant 
                        recipients shall use the data for planning and 
                        continuous improvement of activities 
                        implemented under this Act, and may collect 
                        data for indicators that are locally defined, 
                        and that are not reported to the State, to meet 
                        local needs (so long as such indicators are 
                        aligned with the conditions for learning).
            (4) Drug and violence prevention.--The term ``drug and 
        violence prevention'' means--
                    (A) with respect to drugs, prevention, early 
                intervention, rehabilitation referral, or education 
                related to the abuse and illegal use of drugs 
                (including tobacco, alcohol, illegal drugs, and 
                unauthorized use of pharmaceuticals) to--
                            (i) raise awareness about the costs and 
                        consequences of substance use and abuse;
                            (ii) change attitudes, perceptions, and 
                        social norms about the dangers and 
                        acceptability of alcohol, tobacco, and drugs; 
                        and
                            (iii) reduce access to and use of alcohol, 
                        tobacco, and drugs; and
                    (B) with respect to violence, the promotion of 
                school safety on school premises, going to and from 
                school, and at school-sponsored activities, through the 
                creation and maintenance of a school environment that--
                            (i) is free of weapons;
                            (ii) fosters individual responsibility and 
                        respect for the rights and dignity of others;
                            (iii) employs positive, preventative 
                        approaches to school discipline, such as 
                        schoolwide positive behavior supports and 
                        restorative justice, that improve student 
                        engagement while minimizing students' removal 
                        from instruction and reducing disparities among 
                        the subgroups of students described in section 
                        1111(b)(2)(C)(v) of the Elementary and 
                        Secondary Education Act of 1965 (20 U.S.C. 
                        6311(b)(2)(C)(v)); and
                            (iv) demonstrates preparedness and 
                        readiness to respond to, and recover from, 
                        incidents of school violence, such that 
                        students and school personnel are free from--
                                    (I) violent and disruptive acts;
                                    (II) harassment (which includes 
                                bullying);
                                    (III) sexual harassment, dating 
                                violence, and abuse; and
                                    (IV) victimization associated with 
                                prejudice and intolerance.
            (5) Eligible local applicant.--The term ``eligible local 
        applicant'' means a local educational agency, a consortium of 
        local educational agencies, or a nonprofit organization that 
        has a track record of success in implementing the proposed 
        activities and has signed a memorandum of understanding with a 
        local educational agency or consortium of local educational 
        agencies to--
                    (A) implement school-based activities; and
                    (B) conduct school-level measurement of conditions 
                for learning that are consistent with this Act.
            (6) Harassment.--The term ``harassment'' means conduct, 
        including bullying, that is sufficiently severe, persistent, or 
        pervasive to limit a student's ability to participate in or 
        benefit from a program or activity of a public school or 
        educational agency, or to create a hostile or abusive 
        educational environment at a program or activity of a public 
        school or educational agency, including acts of verbal, 
        nonverbal, or physical aggression, intimidation, or hostility, 
        if such conduct is based on--
                    (A) a student's actual or perceived race, color, 
                national origin, sex, disability, sexual orientation, 
                gender identity, or religion;
                    (B) the actual or perceived race, color, national 
                origin, sex, disability, sexual orientation, gender 
                identity, or religion of a person with whom a student 
                associates or has associated; or
                    (C) any other distinguishing characteristics that 
                may be defined by a State or local educational agency.
            (7) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (8) Physical education indicators.--The term ``physical 
        education indicators'' means a set of measures for instruction 
        on physical activity, health-related fitness, physical 
        competence, and cognitive understanding about physical 
        activity. Such indicators shall be publicly reported annually 
        in the State's conditions for learning measurement system, and 
        shall include--
                    (A) for the State, for each local educational 
                agency in the State, and for each school in the State, 
                the average number of minutes that all students spend 
                in required physical education, and the average number 
                of minutes that all students engage in moderate to 
                vigorous physical activity, as measured against 
                established recommended guidelines of the Centers for 
                Disease Control and Prevention and the Department of 
                Health and Human Services;
                    (B) for the State, the percentage of local 
                educational agencies that have a required, age-
                appropriate physical education curriculum that adheres 
                to Centers for Disease Control and Prevention 
                guidelines and State standards;
                    (C) for the State, for each local educational 
                agency in the State, and for each school in the State, 
                the percentage of elementary school and secondary 
                school physical education teachers who are State 
                licensed or certified to teach physical education;
                    (D) for the State, and for each local educational 
                agency in the State, the percentage of schools that 
                have a State certified or licensed physical education 
                teacher certified in adapted physical education; and
                    (E) for each school in the State, the number of 
                indoor square feet and the number of outdoor square 
                feet used primarily for physical education.
            (9) Programs to promote mental health.--The term ``programs 
        to promote mental health'' means programs that--
                    (A) develop students' social and emotional 
                competencies; and
                    (B) link students with local mental health systems 
                as follows:
                            (i) Enhance, improve, or develop 
                        collaborative efforts between school-based 
                        service systems and mental health service 
                        systems to provide, enhance, or improve 
                        prevention, diagnosis, and treatment services 
                        to students, and to improve student social 
                        emotional competencies.
                            (ii) Enhance the availability of crisis 
                        intervention services, appropriate referrals 
                        for students potentially in need of mental 
                        health services, including suicide prevention, 
                        and ongoing mental health services.
                            (iii) Provide training for the school 
                        personnel and mental health professionals who 
                        will participate in the program.
                            (iv) Provide technical assistance and 
                        consultation to school systems, mental health 
                        agencies, and families participating in the 
                        program.
                            (v) Provide services that establish or 
                        expand school counseling and mental health 
                        programs that--
                                    (I) are comprehensive in addressing 
                                the counseling, social, emotional, 
                                behavioral, mental health, and 
                                educational needs of all students;
                                    (II) use a developmental, 
                                preventive approach to counseling and 
                                mental health services;
                                    (III) are linguistically 
                                appropriate and culturally responsive;
                                    (IV) increase the range, 
                                availability, quantity, and quality of 
                                counseling and mental health services 
                                in the elementary schools and secondary 
                                schools of the local educational 
                                agency;
                                    (V) expand counseling and mental 
                                health services through school 
                                counselors, school social workers, 
                                school psychologists, other qualified 
                                psychologists, or child and adolescent 
                                psychiatrists;
                                    (VI) use innovative approaches to--
                                            (aa) increase children's 
                                        understanding of peer and 
                                        family relationships, work and 
                                        self, decisionmaking, or 
                                        academic and career planning; 
                                        or
                                            (bb) improve peer 
                                        interaction;
                                    (VII) provide counseling and mental 
                                health services in settings that meet 
                                the range of student needs;
                                    (VIII) include professional 
                                development appropriate to the 
                                activities covered in this paragraph 
                                for teachers, school leaders, 
                                instructional staff, and appropriate 
                                school personnel, including training in 
                                appropriate identification and early 
                                intervention techniques by school 
                                counselors, school social workers, 
                                school psychologists, other qualified 
                                psychologists, or child and adolescent 
                                psychiatrists;
                                    (IX) ensure a team approach to 
                                school counseling and mental health 
                                services in the schools served by the 
                                local educational agency;
                                    (X) ensure work toward ratios 
                                recommended--
                                            (aa) by the American School 
                                        Counselor Association of 1 
                                        school counselor to 250 
                                        students;
                                            (bb) by the School Social 
                                        Work Association of America of 
                                        1 school social worker to 400 
                                        students; and
                                            (cc) by the National 
                                        Association of School 
                                        Psychologists of 1 school 
                                        psychologist to 700 students; 
                                        and
                                    (XI) ensure that school counselors, 
                                school psychologists, other qualified 
                                psychologists, school social workers, 
                                or child and adolescent psychiatrists 
                                paid from funds made available under 
                                this program spend a majority of their 
                                time counseling or providing mental 
                                health services to students or in other 
                                activities directly related to such 
                                processes.
            (10) Programs to promote physical activity, education, 
        fitness, and nutrition.--The term ``programs to promote 
        physical activity, education, fitness, and nutrition'' means 
        programs that increase and enable active student participation 
        in physical well-being activities and provide teacher 
        professional development. Such programs shall be comprehensive 
        in nature, and include opportunities for professional 
        development for teachers of physical education to stay abreast 
        of the latest research, issues, and trends in the field of 
        physical education, and 1 or more of the following activities:
                    (A) Fitness education and assessment to help 
                students understand, improve, or maintain their 
                physical well-being.
                    (B) Instruction in a variety of motor skills and 
                physical activities designed to enhance the physical, 
                mental, social, and emotional development of every 
                student.
                    (C) Development of, and instruction in, cognitive 
                concepts about motor skill and physical fitness that 
                support a lifelong healthy lifestyle.
                    (D) Opportunities to develop positive social and 
                cooperative skills through physical activity.
                    (E) Instruction in healthy eating habits and good 
                nutrition.
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (12) State.--The term ``State'' has the meaning given the 
        term in section 9101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).

SEC. 4. RESERVATIONS.

    From amounts made available under section 9, the Secretary shall 
reserve--
            (1) for the first 3 years for which funding is made 
        available under such section to carry out this Act--
                    (A) not more than 30 percent of such amounts or 
                $30,000,000, whichever amount is more, for State 
                conditions for learning measurement system grants, 
                distributed to every State (by an application process 
                consistent with section 5(d)(1)) in an amount 
                proportional to each State's share of funding under 
                part A of title I of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6311 et seq.), to 
                develop the State's conditions for learning measurement 
                system, and to conduct a needs analysis to meet the 
                requirements of section 5(d)(2)(D); and
                    (B) not more than 68 percent of such amounts for 
                Successful, Safe, and Healthy Students State Grants 
                under section 5;
            (2) for the fourth year and each subsequent year for which 
        funding is made available under section 9 to carry out this 
        Act, not less than 98 percent of such amounts for Successful, 
        Safe, and Healthy Students State Grants under section 5; and
            (3) in each year for which funding is made available under 
        section 9 to carry out this Act, not more than 2 percent of 
        such amounts for technical assistance and evaluation.

SEC. 5. SUCCESSFUL, SAFE, AND HEALTHY STUDENTS STATE GRANTS.

    (a) Purpose.--The purpose of this section is to provide funding to 
States to implement comprehensive programs that address conditions for 
learning in schools in the State. Such programs shall be based on--
            (1) scientifically valid research; and
            (2) an analysis of need that considers, at a minimum, the 
        indicators in the conditions for learning measurement system.
    (b) State Grants.--
            (1) In general.--From amounts reserved under section 4 for 
        Successful, Safe, and Healthy Students State Grants, the 
        Secretary shall award grants to States to carry out the purpose 
        of this section.
            (2) Awards to states.--
                    (A) Formula grants.--If the total amount reserved 
                under section 4 for Successful, Safe, and Healthy 
                Students State Grants for a fiscal year is $500,000,000 
                or more, the Secretary shall allot to each State with 
                an approved application an amount that bears the same 
                relationship to such total amount as the amount 
                received under part A of title I of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6311 et 
                seq.) by such State for such fiscal year bears to the 
                amount received under such part for such fiscal year by 
                all States.
                    (B) Competitive grants.--
                            (i) In general.--If the total amount 
                        reserved under section 4 for Successful, Safe, 
                        and Healthy Students State Grants for a fiscal 
                        year is less than $500,000,000, the Secretary 
                        shall award grants under this section on a 
                        competitive basis.
                            (ii) Sufficient size and scope.--In 
                        awarding grants on a competitive basis pursuant 
                        to clause (i), the Secretary shall ensure that 
                        grant awards are of sufficient size and scope 
                        to carry out required and approved activities 
                        under this section.
    (c) Eligibility.--To be eligible to receive a grant under this 
section, a State shall demonstrate that it has--
            (1) established a statewide physical education requirement 
        that is consistent with widely recognized standards; and
            (2) required all local educational agencies in the State 
        to--
                    (A) establish policies that prevent and prohibit 
                harassment (which includes bullying) in schools; and
                    (B) provide--
                            (i) annual notice to parents and students 
                        describing the full range of prohibited conduct 
                        contained in such local educational agency's 
                        discipline policies; and
                            (ii) grievance procedures for students or 
                        parents to register complaints regarding the 
                        prohibited conduct contained in such local 
                        educational agency's discipline policies, 
                        including--
                                    (I) the name of the local 
                                educational agency officials who are 
                                designated as responsible for receiving 
                                such complaints; and
                                    (II) timelines that the local 
                                educational agency will follow in the 
                                resolution of such complaints.
    (d) Applications.--
            (1) In general.--A State that desires to receive a grant 
        under this section shall submit an application at such time, in 
        such manner, and containing such information as the Secretary 
        may require.
            (2) Content of application.--At a minimum, the application 
        shall include--
                    (A) documentation of the State's eligibility to 
                receive a grant under this section, as described in 
                subsection (c);
                    (B) an assurance that the policies used to prohibit 
                harassment (which includes bullying) in schools 
                required under subsection (c)(2)(A) emphasize 
                alternatives to school suspension that minimize 
                students' removal from grade-level instruction, promote 
                mental health, and only allow out-of-school punishments 
                in severe or persistent cases;
                    (C) a plan for improving conditions for learning in 
                schools in the State in a manner consistent with the 
                requirements of the program that may be a part of a 
                broader statewide child and youth plan, if such a plan 
                exists and is consistent with the requirements of this 
                Act;
                    (D) a needs analysis of the conditions for learning 
                in schools in the State, which--
                            (i) shall include a description of, and 
                        data measuring, the State's conditions for 
                        learning; and
                            (ii) may be a part of a broader statewide 
                        child and youth needs analysis, if such an 
                        analysis exists and is consistent with the 
                        requirements of this Act;
                    (E) a description of how the activities the State 
                proposes to implement with grant funds are responsive 
                to the results of the needs analysis described in 
                subparagraph (C); and
                    (F) a description of how the State will--
                            (i) develop, adopt, adapt, or implement the 
                        State's conditions for learning measurement 
                        system, and how the State will ensure that all 
                        local educational agencies and schools in the 
                        State participate in such system;
                            (ii) ensure the quality of the State's 
                        conditions for learning data collection, 
                        including the State's plan for survey 
                        administration and for ensuring the reliability 
                        and validity of survey instruments;
                            (iii) coordinate the proposed activities 
                        with other Federal and State programs, 
                        including programs funded under this Act, which 
                        may include programs to expand learning time 
                        and for before- and after-school programming in 
                        order to provide sufficient time to carry out 
                        the activities described in this Act;
                            (iv) assist local educational agencies to 
                        align activities with funds the agencies 
                        receive under the program with other funding 
                        sources in order to support a coherent and non-
                        duplicative program;
                            (v) solicit and approve subgrant 
                        applications, including how the State will--
                                    (I) allocate funds for statewide 
                                activities and subgrants for each year 
                                of the grant, consistent with 
                                allocation requirements under 
                                subsection (h)(2); and
                                    (II) consider the results of the 
                                analysis described in subparagraph (C) 
                                in the State's distribution of 
                                subgrants;
                            (vi) address the needs of diverse 
                        geographic areas in the State, including rural 
                        and urban communities;
                            (vii) provide assistance to local 
                        educational agencies and schools in their 
                        efforts to prevent and appropriately respond to 
                        incidents of harassment (which includes 
                        bullying), including building the capacity of 
                        such agencies and schools to educate family and 
                        community members regarding the agencies' and 
                        schools' respective roles in preventing and 
                        responding to such incidents; and
                            (viii) provide assistance to local 
                        educational agencies and schools in their 
                        efforts to implement positive, preventative 
                        approaches to school discipline, such as 
                        schoolwide positive behavior supports and 
                        restorative justice, that improve student 
                        engagement while minimizing students' removal 
                        from instruction and reducing significant 
                        school discipline rates and disciplinary 
                        disparities among the subgroups of students 
                        described in section 1111(b)(2)(C)(v) of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 6311(b)(2)(C)(v)).
            (3) Peer review.--The Secretary shall establish a peer 
        review process to review applications submitted under this 
        subsection.
    (e) Duration.--
            (1) In general.--A State that receives a grant under this 
        section may receive funding for not more than 5 years in 
        accordance with this subsection.
            (2) Initial period.--The Secretary shall award grants under 
        this section for an initial period of not more than 3 years.
            (3) Grant extension.--The Secretary may extend a 
        competitive grant awarded to a State under this section for not 
        more than an additional 2 years if the State shows sufficient 
        improvement, as determined by the Secretary, against baseline 
        data for the performance metrics established under subsection 
        (i).
    (f) Reservation and Use of Funds.--A State that receives a grant 
under this section shall--
            (1) reserve not more than 10 percent of the grant funds for 
        administration of the program, technical assistance, and the 
        development, improvement, and implementation of the State's 
        conditions for learning measurement system, as described in 
        paragraphs (1) through (5) of subsection (g); and
            (2) use the remainder of grant funds after making the 
        reservation under paragraph (1) to award subgrants, on a 
        competitive basis, to eligible local applicants.
    (g) Required State Activities.--A State that receives a grant under 
this section shall--
            (1) not later than 1 year after receipt of the grant, 
        develop, adapt, improve, or adopt and implement a statewide 
        conditions for learning measurement system (unless the State 
        can demonstrate, to the satisfaction of the Secretary, that an 
        appropriate system has already been implemented) that annually 
        measures the State's progress in the conditions for learning 
        for every public school in the State;
            (2) collect information in each year of the grant on the 
        conditions for learning at the school-building level through 
        comprehensive needs assessments of students, school staff, and 
        family perceptions, experiences, and behaviors;
            (3) collect annual incident data at the school-building 
        level that are accurate and complete;
            (4) publicly report, at the school level and district 
        level, the data collected in the conditions for learning 
        measurement system each year in a timely and highly accessible 
        manner;
            (5) use, on a continuous basis, the results of the 
        conditions for learning measurement system to--
                    (A) identify and address conditions for learning 
                statewide;
                    (B) help subgrantees identify and address school 
                and student needs; and
                    (C) provide individualized assistance to the 
                lowest-performing schools (consistent with section 1116 
                of the Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6316)) and schools with significant 
                conditions for learning weaknesses as identified 
                through the conditions for learning measurement system 
                with implementation of activities under this Act; and
            (6) award subgrants, consistent with subsection (h), to 
        eligible local applicants.
    (h) Subgrants.--
            (1) In general.--
                    (A) Awarding of subgrants.--A State that receives a 
                grant under this section shall award subgrants, on a 
                competitive basis, to eligible local applicants (which 
                may apply in partnership with 1 or more community-based 
                organizations)--
                            (i) based on need as identified by data 
                        from State and local conditions for learning 
                        measurement systems;
                            (ii) that are of sufficient size and scope 
                        to enable subgrantees to carry out approved 
                        activities; and
                            (iii) to implement programs that--
                                    (I) are comprehensive in nature;
                                    (II) are based on scientifically 
                                valid research;
                                    (III) are consistent with achieving 
                                the conditions for learning;
                                    (IV) are part of a strategy to 
                                achieve all the conditions for 
                                learning; and
                                    (V) address 1 or more of the 
                                categories described in paragraph 
                                (2)(A).
                    (B) Assistance.--A State that receives a grant 
                under this section shall provide assistance to subgrant 
                applicants and recipients in the selection of 
                scientifically valid programs and interventions.
            (2) Allocation.--
                    (A) In general.--In awarding subgrants under this 
                section, each State shall ensure that, for the 
                aggregate of all subgrants awarded by the State--
                            (i) not less than 20 percent of the 
                        subgrant funds are allocated to carry out drug 
                        and violence prevention;
                            (ii) not less than 20 percent of the 
                        subgrant funds are allocated to carry out 
                        programs to promote mental health; and
                            (iii) not less than 20 percent of the 
                        subgrant funds are allocated to carry out 
                        programs to promote physical activity, 
                        education, fitness, and nutrition.
                    (B) Rule of construction.--Nothing in this section 
                shall be construed to require States, in making 
                subgrants to eligible local applicants, to require 
                subgrant recipients to use 20 percent of grant funds 
                for drug and violence prevention, 20 percent of grant 
                funds for the promotion of mental health, and 20 
                percent of grant funds for the promotion of physical 
                activity, education, fitness, and nutrition.
            (3) Applications.--An eligible local applicant that desires 
        to receive a subgrant under this subsection shall submit to the 
        State an application at such time, in such manner, and 
        containing such information as the State may require.
            (4) Priority.--In awarding subgrants under this subsection, 
        a State shall give priority to applications that--
                    (A) demonstrate the greatest need according to the 
                results of the State's conditions for learning survey; 
                and
                    (B) propose to serve schools with the highest 
                concentrations of poverty, based on the percentage of 
                students receiving or are eligible to receive a free or 
                reduced price lunch under the Richard B. Russell 
                National School Lunch Act (42 U.S.C. 1751 et seq.).
            (5) Activities of subgrant recipients.--Each recipient of a 
        subgrant under this subsection shall, for the duration of the 
        subgrant--
                    (A) carry out activities--
                            (i) the need for which has been identified, 
                        at a minimum, through the conditions for 
                        learning measurement system; and
                            (ii) that are part of a comprehensive 
                        strategy or framework to address such need, in 
                        1 or more of the 3 categories identified in 
                        paragraph (2)(A);
                    (B) ensure that each framework, intervention, or 
                program selected be based on scientifically valid 
                research and be used for the purpose for which such 
                framework, intervention, or program was found to be 
                effective;
                    (C) use school-level data from the statewide 
                conditions for learning measurement system to inform 
                the implementation and continuous improvement of 
                activities carried out under this Act;
                    (D) use data from the statewide conditions for 
                learning measurement system to identify challenges 
                outside of school or off school grounds, (including the 
                need for safe passages for students to and from 
                school), and collaborate with 1 or more community-based 
                organization to address such challenges;
                    (E) collect and report to the State educational 
                agency, data for schools served by the subgrant 
                recipient, in a manner consistent with the State's 
                conditions for learning measurement system;
                    (F) establish policies to expand access to quality 
                physical activity opportunities, (including school 
                wellness policies) and establish active school wellness 
                councils, consistent with the requirements of the Child 
                Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), which 
                may be part of existing school councils, if such 
                councils exist and have the capacity and willingness to 
                address school wellness;
                    (G) engage family members and community-based 
                organizations in the development of conditions for 
                learning surveys, and in the planning, implementation, 
                and review of the subgrant recipient's efforts under 
                this Act; and
                    (H) consider and accommodate the unique needs of 
                students with disabilities and English language 
                learners in implementing activities.
    (i) Accountability.--
            (1) Establishment of performance metrics.--The Secretary, 
        acting through the Director of the Institute of Education 
        Sciences, shall establish program performance metrics to 
        measure the effectiveness of the activities carried out under 
        this Act.
            (2) Annual report.--Each State that receives a grant under 
        this Act shall prepare and submit an annual report to the 
        Secretary, which shall include information relevant to the 
        conditions for learning, including on progress towards meeting 
        outcomes for the metrics established under paragraph (1).

SEC. 6. FUNDS RESERVED FOR SECRETARY.

    From the amount reserved under section 4(3), the Secretary shall--
            (1) direct the Institute of Education Sciences to conduct 
        an evaluation of the impact of the practices funded or 
        disseminated by the Successful, Safe, and Healthy Students 
        State Grants program; and
            (2) provide technical assistance to applicants, recipients, 
        and subgrant recipients of the programs funded under this Act.

SEC. 7. PROHIBITED USES OF FUNDS.

    No funds appropriated under this Act may be used to pay for--
            (1) school resource officer or other security personnel 
        salaries, metal detectors, security cameras, or other security-
        related salaries, equipment, or expenses;
            (2) drug testing programs; or
            (3) the development, establishment, implementation, or 
        enforcement of zero-tolerance discipline policies, other than 
        those expressly required under the Gun-Free Schools Act (20 
        U.S.C. 7151 et seq.).

SEC. 8. FEDERAL AND STATE NONDISCRIMINATION LAWS.

    Nothing in this Act shall be construed to invalidate or limit 
nondiscrimination principles or 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 and 794a), or the Americans with Disabilities Act of 1990 (42 
U.S.C. 12101 et seq.). The obligations imposed by this Act 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.).

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act 
$1,000,000,000 for fiscal year 2012 and such sums as may be necessary 
for each of the 5 succeeding fiscal years.
                                 <all>