[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 403 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 403

To amend the Elementary and Secondary Education Act of 1965 to address 
    and take action to prevent bullying and harassment of students.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 28, 2013

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

_______________________________________________________________________

                                 A BILL


 
To amend the Elementary and Secondary Education Act of 1965 to address 
    and take action to prevent bullying and harassment of 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 ``Safe Schools Improvement Act of 
2013''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Bullying and harassment foster a climate of fear and 
        disrespect that can seriously impair the physical and 
        psychological health of its victims and create conditions that 
        negatively affect learning, thereby undermining the ability of 
        students to achieve their full potential.
            (2) Bullying and harassment contribute to high dropout 
        rates, increased absenteeism, and academic underachievement.
            (3) Bullying and harassment include a range of behaviors 
        that negatively impact a student's ability to learn and 
        participate in educational opportunities and activities that 
        schools offer. Such behaviors can include hitting or punching, 
        name-calling, intimidation through gestures or social 
        exclusion, and sending insulting or offensive messages through 
        electronic communications, such as internet sites, e-mail, 
        instant messaging, mobile phones and messaging, telephone, or 
        any other means.
            (4) Schools with enumerated anti-bullying and harassment 
        policies have an increased level of reporting and teacher 
        intervention in incidents of bullying and harassment, thereby 
        reducing the overall frequency and number of such incidents.
            (5) Students have been particularly singled out for 
        bullying and harassment on the basis of their actual or 
        perceived race, color, national origin, sex, disability status, 
        sexual orientation, gender identity, or religion, among other 
        categories.
            (6) Some young people experience a form of bullying called 
        relational aggression or psychological bullying, which harms 
        individuals by damaging, threatening, or manipulating their 
        relationships with their peers, or by injuring their feelings 
        of social acceptance.
            (7) Interventions to address bullying and harassment 
        conduct to create a positive and safe school climate, combined 
        with evidence-based discipline policies and practices, such as 
        Positive Behavior Interventions and Supports (PBIS) and 
        restorative practices, can minimize suspensions, expulsions, 
        and other exclusionary discipline policies to ensure that 
        students are not ``pushed-out'' or diverted to the juvenile 
        justice system.
            (8) According to one poll, 85 percent of Americans strongly 
        support or somewhat support a Federal law to require schools to 
        enforce specific rules to prevent bullying.
            (9) Students, parents, educators, and policymakers have 
        come together to call for leadership and action to address the 
        national crisis of bullying and harassment.

SEC. 3. SAFE SCHOOLS IMPROVEMENT.

    (a) In General.--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:

                   ``PART D--SAFE SCHOOLS IMPROVEMENT

``SEC. 4401. PURPOSE.

    ``The purpose of this part is to address the problem of bullying 
and harassment conduct of students in public elementary schools and 
secondary schools.

``SEC. 4402. ANTI-BULLYING POLICIES.

    ``(a) Bullying.--In this part, the term `bullying' includes cyber-
bullying through electronic communications.
    ``(b) Policies.--A State that receives a grant under this title 
shall require all local educational agencies in the State to carry out 
the following:
            ``(1) Establish policies that prevent and prohibit conduct, 
        including bullying and harassment, that is sufficiently severe, 
        persistent, or pervasive--
                    ``(A) to limit a student's ability to participate 
                in, or benefit from, a program or activity of a public 
                school or local educational agency; or
                    ``(B) to create a hostile or abusive educational 
                environment, adversely affecting a student's education, 
                at a program or activity of a public school or local 
                educational agency, including acts of verbal, 
                nonverbal, or physical aggression or intimidation.
            ``(2) The policies required under paragraph (1) shall 
        include a prohibition of bullying or harassment conduct 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 the State or local educational 
                agency.
            ``(3) Provide--
                    ``(A) annual notice to students, parents, and 
                educational professionals describing the full range of 
                prohibited conduct contained in such local educational 
                agency's discipline policies; and
                    ``(B) 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 establish in the resolution of such 
                        complaints.
            ``(4) Collect annual incidence and frequency of incidents 
        data about the conduct prohibited by the policies described in 
        paragraph (1) at the school level that are accurate and 
        complete and publicly report such data at the school level and 
        local educational agency level. The local educational agency 
        shall ensure that victims or persons responsible for such 
        conduct are not identifiable.

``SEC. 4403. STATE REPORTS.

    ``The chief executive officer of a State that receives a grant 
under this title, in cooperation with the State educational agency, 
shall submit a biennial report to the Secretary--
            ``(1) on the information reported by local educational 
        agencies in the State pursuant to section 4402(b)(5); and
            ``(2) describing the State's plans for supporting local 
        educational agency efforts to address the conduct prohibited by 
        the policies described in section 4402(b)(1).

``SEC. 4404. EVALUATION.

    ``(a) Biennial Evaluation.--The Secretary shall conduct an 
independent biennial evaluation of programs and policies to combat 
bullying and harassment in elementary schools and secondary schools, 
including implementation of the requirements described in section 4402, 
including whether such requirements have appreciably reduced the level 
of the prohibited conduct and have conducted effective parent 
involvement and training programs.
    ``(b) Data Collection.--The Commissioner for Education Statistics 
shall collect data from States, that are subject to independent review, 
to determine the incidence and frequency of conduct prohibited by the 
policies described in section 4402.
    ``(c) Biennial Report.--Not later than January 1, 2015, and every 2 
years thereafter, the Secretary shall submit to the President and 
Congress a report on the findings of the evaluation conducted under 
subsection (a) together with the data collected under subsection (b) 
and data submitted by the States under section 4403.

``SEC. 4405. EFFECT ON OTHER LAWS.

    ``(a) Federal and State Nondiscrimination Laws.--Nothing in this 
part shall be construed to invalidate or limit rights, remedies, 
procedures, or legal standards available to victims of discrimination 
under any other Federal law or law of a State or political subdivision 
of a State, including title VI of the Civil Rights Act of 1964 (42 
U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 
U.S.C. 1681 et seq.), section 504 or 505 of the Rehabilitation Act of 
1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.). The obligations imposed by this part 
are in addition to those imposed by title VI of the Civil Rights Act of 
1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 
1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 
1973 (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 
(42 U.S.C. 12101 et seq.).
    ``(b) Free Speech and Expression Laws.--Nothing in this part shall 
be construed to alter legal standards regarding, or affect the rights 
(including remedies and procedures) available to individuals under, 
other Federal laws that establish protections for freedom of speech or 
expression.

``SEC. 4406. RULE OF CONSTRUCTION.

    ``Nothing in this part shall be construed to prohibit a State or 
local entity from enacting any law with respect to the prevention of 
bullying or harassment of students that is not inconsistent with this 
part.''.
    (b) 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--Safe Schools Improvement

``Sec. 4401. Purpose.
``Sec. 4402. Anti-bullying policies.
``Sec. 4403. State reports.
``Sec. 4404. Evaluation.
``Sec. 4405. Effect on other laws.
``Sec. 4406. Rule of construction.''.
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