[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3122 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3122

To amend the Elementary and Secondary Education Act of 1965 to promote 
student physical health and well-being, nutrition, and fitness, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2013

Mr. Braley of Iowa introduced the following bill; which was referred to 
              the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the Elementary and Secondary Education Act of 1965 to promote 
student physical health and well-being, nutrition, and fitness, and for 
                            other purposes.

    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 2013''.

SEC. 2. SUCCESSFUL, SAFE, AND HEALTHY STUDENTS.

    Title IV of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7101 et seq.) is amended by adding at the end the following new 
part:

            ``PART D--SUCCESSFUL, SAFE, AND HEALTHY STUDENTS

``SEC. 4401. PURPOSE.

    ``The purpose of this part is to assist States and local 
educational agencies 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 
the--
            ``(1) promotion of student physical health and well-being, 
        nutrition, and fitness;
            ``(2) promotion of student mental health and well-being;
            ``(3) prevention of school violence, harassment, and 
        substance abuse among students; and
            ``(4) promotion of safe and supportive schools.

``SEC. 4402. DEFINITIONS.

    ``In this part:
            ``(1) Child and adolescent psychiatrist.--The term `child 
        and adolescent psychiatrist' means an individual who--
                    ``(A) possesses State medical licensure; and
                    ``(B) has completed residency training programs in 
                both general psychiatry and child and adolescent 
                psychiatry.
            ``(2) Conditions for learning.--The term `conditions for 
        learning' means conditions that--
                    ``(A) advance student achievement and positive 
                child and youth development by proactively supporting 
                schools;
                    ``(B) are applied in and around the school 
                building, on pathways to and from the school and 
                students' homes, at school-sponsored activities, and 
                through electronic and social media involving students 
                or school personnel;
                    ``(C) promote physical, mental, and emotional 
                health;
                    ``(D) ensure physical and emotional safety for 
                students and staff;
                    ``(E) promote social, emotional, and character 
                development; and
                    ``(F) have the following attributes:
                            ``(i) Provide opportunities for physical 
                        activity, good nutrition, and healthy living.
                            ``(ii) Prevent the use and abuse of drugs.
                            ``(iii) Ensure that the school environments 
                        described in subparagraph (B) are--
                                    ``(I) free of weapons; and
                                    ``(II) free of harassment, abuse, 
                                dating violence, and all other forms of 
                                interpersonal aggression or violence.
                            ``(iv) Do not condone or tolerate unhealthy 
                        or harmful behaviors, including discrimination 
                        of any kind.
                            ``(v) Help staff and students to model 
                        positive social and emotional skills, including 
                        tolerance and respect for others.
                            ``(vi) Promote concern for the well-being 
                        of students, including through the presence of 
                        caring adults.
                            ``(vii) Ensure that the adults employed by 
                        the school--
                                    ``(I) have high expectations for 
                                student conduct, character, and 
                                academic achievement and the capacity 
                                to establish supportive relationships 
                                with students; and
                                    ``(II) are provided specialized 
                                training specific to the students' 
                                stages of development.
                            ``(viii) Engage families and community 
                        members with the school in meaningful and 
                        sustained ways, such as through case management 
                        services, to promote positive student academic 
                        achievement, developmental, and social growth, 
                        including non-cognitive skill development.
                            ``(ix) To the extent practicable, provide 
                        access to school nurses, school counselors, and 
                        school social workers for the promotion of 
                        student physical health, mental health, and 
                        well-being.
            ``(3) Controlled substance.--The term `controlled 
        substance' means a drug or other substance identified under 
        Schedule I, II, III, IV, or V of section 202(c) of the 
        Controlled Substances Act (21 U.S.C. 812(c)).
            ``(4) Drug.--The term `drug' includes--
                    ``(A) a controlled substance;
                    ``(B) with respect to alcohol and tobacco, the 
                illegal use of such substances; and
                    ``(C) with respect to inhalants and anabolic 
                steroids, the harmful, abusive, or addictive use of 
                such substances.
            ``(5) 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, in order 
                to--
                            ``(i) raise awareness about the costs and 
                        consequences of drug 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 in and around the school building, on 
                pathways to and from the school and students' homes, at 
                school-sponsored activities, and through electronic and 
                social media involving students or school personnel, 
                through the creation and maintenance of a school 
                environment that--
                            ``(i) is free of--
                                    ``(I) weapons;
                                    ``(II) violent and disruptive acts;
                                    ``(III) harassment;
                                    ``(IV) sexual harassment, dating 
                                violence, and abuse; and
                                    ``(V) victimization associated with 
                                prejudice and intolerance;
                            ``(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 
                        interventions and restorative justice, that 
                        improve student engagement while minimizing 
                        students' removal from instruction and reducing 
                        the frequency of discipline infractions and 
                        disparities among the subgroups of students 
                        described in section 1116(b)(1)(B); and
                            ``(iv) demonstrates preparedness and 
                        readiness to respond to, and recover from, 
                        incidents of school violence.
            ``(6) Eligible local applicant.--The term `eligible local 
        applicant' means--
                    ``(A) a local educational agency;
                    ``(B) a consortium of local educational agencies; 
                or
                    ``(C) a nonprofit organization that has a track 
                record of success in implementing the activities 
                proposed in the grant application and has signed a 
                memorandum of understanding with a local educational 
                agency or consortium of local educational agencies that 
                the organization will, upon receipt of a subgrant under 
                this part--
                            ``(i) implement school-based activities and 
                        programs described in section 
                        4404(i)(1)(A)(iii) in 1 or more schools served 
                        by the local educational agency or consortium; 
                        and
                            ``(ii) conduct school-level measurement of 
                        conditions for learning that are consistent 
                        with the State's conditions for learning 
                        measurement system under section 4404(h).
            ``(7) Harassment.--The term `harassment' means conduct, 
        including bullying, that--
                    ``(A) is sufficiently severe, persistent, or 
                pervasive to limit or interfere with a student's 
                ability to participate in or benefit from a program or 
                activity of a public school or educational agency, 
                including acts of verbal, nonverbal, or physical 
                aggression, intimidation, or hostility, and 
                communications made available through electronic means; 
                and
                    ``(B) is based on--
                            ``(i) a student's actual or perceived race, 
                        color, national origin, sex, disability, sexual 
                        orientation, gender identity, or religion;
                            ``(ii) 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
                            ``(iii) any other distinguishing 
                        characteristics that may be enumerated by a 
                        State or local educational agency.
            ``(8) Other qualified psychologist.--The term `other 
        qualified psychologist' means an individual who has 
        demonstrated competence in counseling children in a school 
        setting and who--
                    ``(A) is licensed in psychology by the State in 
                which the individual works; and
                    ``(B) practices in the scope of the individual's 
                education, training, and experience with children in 
                school settings.
            ``(9) 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 include--
                    ``(A) for the State, for each local educational 
                agency in the State, and for each elementary school and 
                secondary school in the State, the average number of 
                minutes per week (averaged over the school year) that 
                all students spend in required physical education, and 
                the average number of minutes per week (averaged over 
                the school year) 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 elementary school and 
                secondary school in the State, the percentage of 
                elementary school and secondary school physical 
                education teachers who are licensed or certified in the 
                State to teach physical education;
                    ``(D) for the State, and for each local educational 
                agency in the State, the percentage of elementary 
                schools and secondary schools that have a physical 
                education teacher who is certified or licensed to teach 
                physical education and adapted physical education in 
                the State;
                    ``(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; and
                    ``(F) for the State, the percentage of local 
                educational agencies that have a school wellness 
                council that--
                            ``(i) includes members appointed by the 
                        local educational agency superintendent;
                            ``(ii) may include parents, students, 
                        representatives of the school food authority, 
                        representatives of the school board, school 
                        administrators, school nurses, and members of 
                        the public; and
                            ``(iii) meets regularly to promote a 
                        healthy school environment.
            ``(10) Prescription drug.--The term `prescription drug' 
        means a drug (as defined in section 201(g)(1) of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)) that is 
        described in section 503(b)(1) of such Act (21 U.S.C. 
        353(b)(1))).
            ``(11) Programs to promote mental health.--The term 
        `programs to promote mental health' means programs that--
                    ``(A) develop students' social and emotional 
                competencies;
                    ``(B) link students with local mental health 
                systems by--
                            ``(i) enhancing, improving, or developing 
                        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 and 
                        emotional competencies;
                            ``(ii) enhancing the availability of--
                                    ``(I) crisis intervention services;
                                    ``(II) appropriate referrals for 
                                students potentially in need of mental 
                                health services, including suicide 
                                prevention; and
                                    ``(III) ongoing mental health 
                                services; and
                            ``(iii) providing 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--
                                            ``(aa) school counselors, 
                                        school social workers, school 
                                        psychologists, other qualified 
                                        psychologists, child and 
                                        adolescent psychiatrists, or 
                                        other qualified health or 
                                        mental health professionals, 
                                        such as school nurses; and
                                            ``(bb) school-based mental 
                                        health services partnership 
                                        programs;
                                    ``(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, child and adolescent 
                                psychiatrists, or other qualified 
                                health professionals, such as school 
                                nurses;
                                    ``(IX) ensure a team approach to 
                                school counseling and mental health 
                                services in the schools served by the 
                                local educational agency;
                                    ``(X) demonstrate that the local 
                                educational agency is working toward--
                                            ``(aa) a 1:250 ratio of 
                                        school counselors to students, 
                                        as recommended by the American 
                                        School Counselor Association;
                                            ``(bb) a 1:250 ratio of 
                                        school social workers to 
                                        students, as recommended by the 
                                        School Social Work Association 
                                        of America;
                                            ``(cc) a 1:700 ratio of 
                                        school psychologists to 
                                        students, as recommended by the 
                                        National Association of School 
                                        Psychologists; and
                                            ``(dd) a 1:750 ratio of 
                                        school nurses to students in 
                                        the general population, a 1:225 
                                        ratio for students requiring 
                                        daily professional school 
                                        nursing services, and a 1:125 
                                        ratio for students with complex 
                                        needs, as recommended by the 
                                        National Association of School 
                                        Nurses; 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 the programs spend a 
                                majority of their time counseling or 
                                providing mental health services to 
                                students or in other activities 
                                directly related to counseling or 
                                providing such services;
                    ``(C) provide training for the school personnel, 
                health professionals (such as school nurses), and 
                mental health professionals who will participate in the 
                programs; and
                    ``(D) provide technical assistance and consultation 
                to school systems, mental health agencies, and families 
                participating in the programs.
            ``(12) Programs to promote physical activity, education, 
        and fitness, and nutrition.--The term `programs to promote 
        physical activity, education, and fitness, and nutrition' means 
        programs that--
                    ``(A) increase and enable active student 
                participation in physical well-being activities and 
                provide teacher and school leader professional 
                development to encourage and increase such 
                participation;
                    ``(B) are comprehensive in nature;
                    ``(C) 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
                    ``(D) include 1 or more of the following 
                activities:
                            ``(i) Fitness education and assessment to 
                        help students understand, improve, or maintain 
                        their physical well-being.
                            ``(ii) Instruction in a variety of motor 
                        skills and physical activities designed to 
                        enhance the physical, mental, social, and 
                        emotional development of every student.
                            ``(iii) Development of, and instruction in, 
                        cognitive concepts about motor skill and 
                        physical fitness that support a lifelong 
                        healthy lifestyle.
                            ``(iv) Opportunities to develop positive 
                        social and cooperative skills through physical 
                        activity.
                            ``(v) Instruction in healthy eating habits 
                        and good nutrition.
            ``(13) School-based mental health services partnership 
        program.--The term `school-based mental health services 
        partnership program' means a program that--
                    ``(A) includes a public or private mental health 
                entity or health care entity and may include a child 
                welfare agency, family-based mental health entity, 
                family organization, trauma network, or other 
                community-based entity;
                    ``(B) provides comprehensive school-based mental 
                health services and supports;
                    ``(C) provides comprehensive staff development for 
                school and community service personnel working in the 
                school;
                    ``(D) includes the early identification of social, 
                emotional, or behavioral problems, or substance use 
                disorders, and the provision of early intervening 
                services;
                    ``(E) provides for the treatment or referral for 
                treatment of students with social, emotional, or 
                behavioral health problems, or substance use disorders;
                    ``(F) includes the development and implementation 
                of programs to assist children in dealing with trauma 
                and violence;
                    ``(G) includes the development of mechanisms, based 
                on best practices, for children to report incidents of 
                violence or plans by other children or adults to commit 
                violence;
                    ``(H) is based on trauma-informed and evidence-
                based practices;
                    ``(I) is coordinated, where appropriate, with early 
                intervening services carried out under the Individuals 
                with Disabilities Education Act; and
                    ``(J) is provided by qualified mental and 
                behavioral health professionals who are certified or 
                licensed by the State involved and practicing within 
                their area of expertise.
            ``(14) School counselor.--The term `school counselor' means 
        an individual who has documented competence in counseling 
        children and adolescents in a school setting and who--
                    ``(A) is licensed by the State or certified by an 
                independent professional regulatory authority;
                    ``(B) in the absence of such State licensure or 
                certification, possesses national certification in 
                school counseling or a specialty of counseling granted 
                by an independent professional organization; or
                    ``(C) holds a minimum of a master's degree in 
                school counseling from a program accredited by the 
                Council for Accreditation of Counseling and Related 
                Educational Programs or the equivalent.
            ``(15) School health indicators.--The term `school health 
        indicators' means a set of measurements for determining the 
        number of students seen in the school health office with, or 
        for, social and emotional disturbances, abuse and neglect, 
        substance use disorders, acute and chronic illness, and oral 
        and visual health issues, (to the extent the school health 
        office has applicable information), and the number of student 
        deaths on school property, if any.
            ``(16) School nurse.--The term `school nurse' means a 
        graduate of an accredited school of nursing program who is 
        licensed by the State as a registered nurse.
            ``(17) School psychologist.--The term `school psychologist' 
        means an individual who--
                    ``(A) has completed a minimum of 60 graduate 
                semester hours in school psychology from an institution 
                of higher education and has completed 1,200 clock hours 
                in a supervised school psychology internship, of which 
                600 hours are in the school setting;
                    ``(B) is licensed or certified in school psychology 
                by the State in which the individual works; or
                    ``(C) in the absence of such State licensure or 
                certification, possesses national certification by the 
                National School Psychology Certification Board.
            ``(18) School social worker.--The term `school social 
        worker' means an individual who--
                    ``(A) holds a master's degree in social work from a 
                program accredited by the Council on Social Work 
                Education; and
                    ``(B)(i) is licensed or certified by the State in 
                which services are provided; or
                    ``(ii) in the absence of such State licensure or 
                certification, possesses a national credential or 
                certification as a school social work specialist 
                granted by an independent professional organization.

``SEC. 4403. ALLOCATION OF FUNDS.

    ``From amounts made available to carry out this part, the Secretary 
shall allocate--
            ``(1) in each year for which funding is made available to 
        carry out this part, not more than 2 percent of such amounts 
        for technical assistance and evaluation;
            ``(2) for the first 3 years for which funding is made 
        available to carry out this part--
                    ``(A) except as provided in subparagraph (B)--
                            ``(i) not more than 30 percent of such 
                        amounts or $30,000,000, whichever amount is 
                        more, for State conditions for learning 
                        measurement systems grants, distributed to 
                        every State (by an application process 
                        consistent with section 4404(d)) in an amount 
                        proportional to each State's share of funding 
                        under part A of title I, to develop or improve 
                        the State's conditions for learning measurement 
                        system described in section 4404(h), and to 
                        conduct a needs analysis to meet the 
                        requirements of section 4404(d)(2)(D); and
                            ``(ii) not more than 68 percent of such 
                        amounts for Successful, Safe, and Healthy 
                        Students State Grants under section 4404; and
                    ``(B) for any fiscal year for which the amount 
                remaining available after funds are reserved under 
                paragraph (1) is less than $30,000,000, all of such 
                remainder for the State conditions for learning 
                measurement systems grants described in subparagraph 
                (A)(i); and
            ``(3) for the fourth year and each subsequent year for 
        which funding is made available to carry out this part, not 
        less than 98 percent of such amounts for Successful, Safe, and 
        Healthy Students State Grants under section 4404.

``SEC. 4404. SUCCESSFUL, SAFE, AND HEALTHY STUDENTS STATE GRANTS.

    ``(a) Purpose.--The purpose of this section is to provide funding 
to eligible States to implement comprehensive programs that--
            ``(1) address conditions for learning in schools in the 
        State; and
            ``(2) are based on--
                    ``(A) scientifically valid research; and
                    ``(B) an analysis of need that considers, at a 
                minimum, the indicators in the State's conditions for 
                learning measurement system described in subsection 
                (h).
    ``(b) State Grants.--
            ``(1) In general.--From amounts allocated under section 
        4403 for Successful, Safe, and Healthy Students State Grants, 
        the Secretary shall award grants to eligible States to carry 
        out the purpose of this section.
            ``(2) Awards to states.--
                    ``(A) Formula grants.--Except as provided in 
                subparagraph (B), if the total amount allocated under 
                section 4403 for Successful, Safe, and Healthy Students 
                State Grants for a fiscal year is $500,000,000 or 
                greater, the Secretary shall allot to each State that 
                meets the eligibility requirements of subsection (c) 
                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 by such eligible State 
                for the preceding fiscal year bears to the amount 
                received under such part for the preceding fiscal year 
                by all eligible States.
                    ``(B) Minimum state allotment.--
                            ``(i) In general.--No State receiving an 
                        allotment under subparagraph (A) may receive 
                        less than one-half of 1 percent of the total 
                        amount allotted under such subparagraph.
                            ``(ii) Puerto rico.--The amount allotted 
                        under subparagraph (A) to the Commonwealth of 
                        Puerto Rico for a fiscal year may not exceed 
                        one-half of 1 percent of the total amount 
                        allotted under such subparagraph for such 
                        fiscal year.
                    ``(C) Competitive grants.--
                            ``(i) In general.--If the total amount 
                        allocated under section 4403 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 
                        to States that meet the eligibility 
                        requirements of subsection (c) 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 to the Secretary that the State 
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 in schools; and
                    ``(B) provide--
                            ``(i) annual notice to parents, students, 
                        and educational professionals 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 official who is 
                                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 in schools that are 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 this part 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 
                part;
                    ``(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 part;
                    ``(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 (D); and
                    ``(F) a description of how the State will--
                            ``(i) develop, adopt, adapt, or improve and 
                        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 and validity of 
                        the State's conditions for learning data 
                        collection, including the State's plan for 
                        survey administration as required under 
                        subsection (h)(2)(A) 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 part, 
                        which may include programs to expand learning 
                        time and for before- and after-school 
                        programming in order to provide sufficient time 
                        to carry out activities described in this part;
                            ``(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 
                        nonduplicative 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 (i)(2); and
                                    ``(II) consider the results of the 
                                needs analysis described in 
                                subparagraph (D) 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, 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;
                            ``(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 
                        interventions and restorative justice, that 
                        improve student engagement while minimizing 
                        students' removal from instruction and reducing 
                        the frequency of discipline infractions and 
                        disciplinary disparities among the subgroups of 
                        students described in section 1116(b)(2)(B);
                            ``(ix) provide assistance to local 
                        educational agencies and schools in their 
                        efforts to increase the provision of physical 
                        activity and physical education opportunities 
                        during the school day and implement programs to 
                        promote physical activity, education, and 
                        fitness, and nutrition; and
                            ``(x) provide assistance to local 
                        educational agencies and schools in their 
                        efforts to improve access to State-licensed or 
                        State-certified school counselors, school 
                        psychologists, and school social workers or 
                        other State-licensed or State-certified mental 
                        health professional qualified under State law 
                        to provide mental health services to students 
                        in schools.
            ``(3) Review process.--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 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 (j).
    ``(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 
        subsection (h); 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 the statewide 
        conditions for learning measurement system described in 
        subsection (h) (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 student, 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 local educational agency and 
        school level, the data collected in the State's conditions for 
        learning measurement system, described in subsection (h), each 
        year in a timely and highly accessible manner, and in a manner 
        that does not reveal personally identifiable information;
            ``(5) use, on a continuous basis, the results of the data 
        collected in the State's 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 low-
                performing schools identified under section 1116 and 
                schools with significant conditions for learning 
                weaknesses;
            ``(6) encourage local educational agencies to--
                    ``(A) integrate physical activity, education, and 
                fitness into a range of subjects throughout the school 
                day and locations within schools;
                    ``(B) encourage consultation with a variety of 
                stakeholders, including families, students, school 
                officials, and other organizations with wellness and 
                physical activity, education, and fitness expertise; 
                and
                    ``(C) regularly monitor schools' efforts in 
                improving wellness and physical activity, education, 
                and fitness understanding and habits among students;
            ``(7) encourage local educational agencies to--
                    ``(A) integrate healthy eating and nutrition 
                education into various times of the school day and 
                locations within schools to encourage consultation with 
                a variety of stakeholders, including families, 
                students, school officials, and other organizations 
                with nutrition education expertise; and
                    ``(B) regularly monitor schools' efforts in 
                improving nutrition understanding and healthy eating 
                among students;
            ``(8) encourage local educational agencies to implement 
        programs that expand student access to State-licensed or State-
        certified school counselors, school psychologists, and school 
        social workers or other State-licensed or State-certified 
        mental health professional that are qualified under State law 
        to provide mental health services to students in schools;
            ``(9) award subgrants, consistent with subsection (i), to 
        eligible local applicants; and
            ``(10) monitor subgrants and provide technical assistance 
        to subgrantees on the implementation of grant activities.
    ``(h) Conditions for Learning Measurement System.--
            ``(1) In general.--Each State that receives a grant under 
        this part shall establish a State reporting and information 
        system that measures conditions for learning in the State and 
        is part of the State's system for reporting the data required 
        under section 1111 and part of any State longitudinal data 
        system that links statewide elementary and secondary data 
        systems with early childhood, postsecondary, and workforce data 
        systems.
            ``(2) System activities.--The State reporting and 
        information system described in paragraph (1) shall--
                    ``(A) contain, at a minimum, data from valid and 
                reliable surveys of students and staff and the 
                indicators in subparagraph (B) that allow staff at the 
                State, local educational agencies, and schools to 
                examine and improve school-level conditions for 
                learning;
                    ``(B) collect school-level data on--
                            ``(i) physical education indicators, as 
                        applicable;
                            ``(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;
                            ``(v) the incidence and prevalence, age of 
                        onset, perception of and actual health risk, 
                        and perception of social disapproval of drug 
                        use and violence, including harassment, by 
                        youth and school personnel in schools and 
                        communities;
                            ``(vi) school health indicators, including 
                        acute and chronic physical, mental, and 
                        emotional health care needs; and
                            ``(vii) student access to State-licensed or 
                        State-certified school counselors, school 
                        psychologists, and school social workers or 
                        other State-licensed or State-certified mental 
                        health professional qualified under State law 
                        to provide such services to students in 
                        schools, including staff-to-student ratios;
                    ``(C) collect and report data, including, at a 
                minimum, the data described in clauses (ii), (iii), and 
                (v) of subparagraph (B), 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;
                    ``(D) 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
                    ``(E) to the extent practicable, utilize a web-
                based reporting system.
            ``(3) Compiling statistics.--In compiling the statistics 
        required to measure conditions for learning in the State--
                    ``(A) the offenses described in paragraph 
                (2)(B)(iv) shall be defined pursuant to the State's 
                criminal code, and aligned to the extent practicable, 
                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;
                    ``(B) the performance metrics that are established 
                under subsection (j) shall be collected and the 
                performance on such metrics shall be defined and 
                reported uniformly statewide;
                    ``(C) the State shall collect, analyze, and use the 
                data under subparagraph (2)(B) at least annually; and
                    ``(D) grant recipients and subgrant recipients 
                shall use the data for planning and continuous 
                improvement of activities implemented under this part, 
                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).
    ``(i) 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--
                            ``(i) based on need as identified by--
                                    ``(I) the State's conditions for 
                                learning measurement system described 
                                in subsection (h); or
                                    ``(II) in the case of a State for 
                                which the learning measurement system 
                                described in subsection (h) is not yet 
                                implemented, other data determined 
                                appropriate by the State;
                            ``(ii) that are of sufficient size and 
                        scope to enable the eligible local applicants 
                        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 
                                for the State; and
                                    ``(IV) address 1 or more of the 
                                uses described in clauses (i) through 
                                (iii) of 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.
                    ``(C) Partnerships allowed.--An eligible local 
                applicant may apply for a subgrant under this 
                subsection in partnership with 1 or more community-
                based organizations.
            ``(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 subgrant 
                        funds are used to carry out drug and violence 
                        prevention;
                            ``(ii) not less than 20 percent of subgrant 
                        funds are used to carry out programs to promote 
                        mental health; and
                            ``(iii) not less than 20 percent of 
                        subgrant funds are used to carry out programs 
                        to promote physical activity, education, and 
                        fitness, and nutrition.
                    ``(B) Rule of construction.--Nothing in this 
                paragraph shall be construed to require States, in 
                making subgrants to eligible local applicants, to 
                require the eligible local applicants to use 20 percent 
                of subgrant funds for each of the uses described in 
                clauses (i) through (iii) of subparagraph (A).
            ``(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 
                surveys described in subsection (h)(2); 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--
                                    ``(I) at a minimum, through the 
                                State's conditions for learning 
                                measurement system described in 
                                subsection (h); or
                                    ``(II) in the case of a State that 
                                has not yet implemented the learning 
                                measurement system described in 
                                subsection (h), through the State's 
                                needs analysis described in subsection 
                                (d)(2)(D);
                            ``(ii) that are part of a comprehensive 
                        strategy or framework to address such need; and
                            ``(iii) that include 1 or more of the 
                        following--
                                    ``(I) drug and violence prevention;
                                    ``(II) programs to promote mental 
                                health; or
                                    ``(III) programs to promote 
                                physical activity, education, and 
                                fitness, and nutrition;
                    ``(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 State's 
                conditions for learning measurement system described in 
                subsection (h), to inform the implementation and 
                continuous improvement of activities carried out under 
                this part;
                    ``(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 described in 
                subsection (h);
                    ``(F) establish policies to expand access to 
                quality physical activity opportunities, including 
                local school wellness policies;
                    ``(G) if the local educational agency to be served 
                through the grant does not have an active school 
                wellness council consistent with the requirements of 
                the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
                seq.), establish such a school wellness council, which 
                may be part of an existing school council that has the 
                capacity and willingness to address school wellness;
                    ``(H) 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 part;
                    ``(I) consider and accommodate the unique needs of 
                students with disabilities and English learners in 
                implementing activities; and
                    ``(J) establish policies to expand access to 
                quality counseling and mental health programs and 
                services.
    ``(j) 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 part.
            ``(2) Annual report.--Each State that receives a grant 
        under this part shall prepare and submit an annual report to 
        the Secretary, which shall include information relevant to the 
        conditions for learning, including progress toward meeting 
        outcomes for the metrics established under paragraph (1).
    ``(k) Evaluation.--From the amount reserved in accordance with 
section 9601, the Secretary, acting through the Director of the 
Institute of Education Sciences, shall conduct an evaluation of the 
impact of the practices funded or disseminated under this section.

``SEC. 4405. TECHNICAL ASSISTANCE.

    ``From the amount allocated under section 4403(3), the Secretary 
shall provide technical assistance to applicants, recipients, and 
subgrant recipients of the programs funded under this part.

``SEC. 4406. FEDERAL AND STATE NONDISCRIMINATION LAWS.

    ``Nothing in this part 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 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.).

``SEC. 4407. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part 
such sums as may be necessary for fiscal year 2014 and each of the 4 
succeeding fiscal years.''.

SEC. 3. TABLE OF CONTENTS.

    The table of contents in section 2 of the Elementary and Secondary 
Education Act of 1965 is amended by inserting after the item relating 
to section 4304 the following:

            ``Part D--Successful, Safe, and Healthy Students

``Sec. 4401. Purpose.
``Sec. 4402. Definitions.
``Sec. 4403. Allocation of funds.
``Sec. 4404. Successful, safe, and healthy students State grants.
``Sec. 4405. Technical assistance.
``Sec. 4406. Federal and State nondiscrimination laws.
``Sec. 4407. Authorization of appropriations.''.
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