[Congressional Record Volume 156, Number 118 (Thursday, August 5, 2010)]
[Senate]
[Pages S6896-S6897]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CASEY (for himself, Mrs. Murray, Mr. Burris, Ms. Cantwell, 
        Ms. Klobuchar, Mr. Brown, of Ohio, Mr. Feingold, Mr. Merkley, 
        Mrs. Gillibrand, Mr. Sanders, and Mr. Wyden):
  S. 3739. A bill to amend the Safe and Drug-Free Schools and 
Communities Act to include bullying and harassment prevention programs; 
to the Committee on Health, Education, Labor, and Pensions.
  Mr. CASEY. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3739

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. BULLYING AND HARASSMENT PREVENTION POLICIES, 
                   PROGRAMS, AND STATISTICS.

       (a) State Reporting Requirements.--Section 
     4112(c)(3)(B)(iv) of the Safe and Drug-Free Schools and 
     Communities Act (20 U.S.C. 7112(c)(3)(B)(iv)) is amended by 
     inserting ``, including bullying and harassment,'' after 
     ``violence''.
       (b) State Application.--Section 4113(a) of such Act (20 
     U.S.C. 7113(a)) is amended--
       (1) in paragraph (9)--
       (A) in subparagraph (C), by striking ``and'' at the end; 
     and
       (B) by redesignating subparagraph (D) as subparagraph (F); 
     and
       (C) by inserting after subparagraph (C) (as amended by 
     subparagraph (A)) the following:
       ``(D) the incidence and prevalence of reported incidents of 
     bullying and harassment;
       ``(E) the perception of students regarding their school 
     environment, including with respect to the prevalence and 
     seriousness of incidents of bullying and harassment and the 
     responsiveness of the school to those incidents; and'';
       (2) in paragraph (18), by striking ``and'' at the end;
       (3) by redesignating paragraph (19) as paragraph (20); and
       (4) by inserting after paragraph (18) (as amended by 
     paragraph (2)) the following:
       ``(19) provides an assurance that the State educational 
     agency will provide assistance to school districts and 
     schools in their efforts to prevent and appropriately respond 
     to incidents of bullying and harassment and describes how the 
     State educational agency will meet the requirements of this 
     paragraph; and''.
       (c) Local Educational Agency Program Application.--Section 
     4114(d) of such Act (20 U.S.C. 7114(d)) is amended--
       (1) in paragraph (2)(B)(i)--
       (A) in subclause (I), by striking ``and'' at the end; and
       (B) by adding at the end the following:

       ``(III) performance indicators for bullying and harassment 
     prevention programs and activities; and''; and

       (2) in paragraph (7)--
       (A) in subparagraph (A), by inserting ``, including 
     bullying and harassment'' after ``disorderly conduct'';
       (B) in subparagraph (D), by striking ``and'' at the end; 
     and
       (C) by adding at the end the following:
       ``(F) annual notice to parents and students describing the 
     full range of prohibited conduct contained in the discipline 
     policies described in subparagraph (A); and
       ``(G) grievance procedures for students or parents that 
     seek to register complaints regarding the prohibited conduct 
     contained in the discipline policies described in 
     subparagraph (A), including--
       ``(i) the name of the school district officials who are 
     designated as responsible for receiving such complaints; and
       ``(ii) timelines that the school district will follow in 
     the resolution of such complaints;''.
       (d) Authorized Activities.--Section 4115(b)(2) of such Act 
     (20 U.S.C. 7115(b)(2)) is amended--
       (1) in subparagraph (A)--
       (A) in clause (vi), by striking ``and'' at the end;
       (B) in clause (vii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(viii) teach students about the consequences of bullying 
     and harassment.''; and
       (2) in subparagraph (E), by adding at the end the 
     following:
       ``(xxiii) Programs that address the causes of bullying and 
     harassment and that train teachers, administrators, 
     specialized instructional support personnel, and other school 
     personnel regarding strategies to prevent bullying and 
     harassment and to effectively intervene when incidents of 
     bullying and harassment occur.''.
       (e) Reporting.--Section 4116(a)(2)(B) of such Act (20 
     U.S.C. 7116(a)(2)(B)) is amended by inserting ``, including 
     bullying and harassment,'' after ``drug use and violence''.
       (f) Impact Evaluation.--Section 4122 of such Act (20 U.S.C. 
     7132) is amended--
       (1) in subsection (a)(2), by striking ``and school 
     violence'' and inserting ``school violence, including 
     bullying and harassment,''; and
       (2) in the first sentence of subsection (b), by inserting 
     ``, including bullying and harassment,'' after ``drug use and 
     violence''.
       (g) Definitions.--
       (1) Drug and violence prevention.--Paragraph (3)(B) of 
     section 4151 of such Act (20 U.S.C. 7161) is amended by 
     inserting ``, bullying, and other harassment'' after ``sexual 
     harassment and abuse''.
       (2) Protective factor, buffer, or asset.--Paragraph (6) of 
     such section is amended by inserting ``, including bullying 
     and harassment'' after ``violent behavior''.
       (3) Risk factor.--Paragraph (7) of such section is amended 
     by inserting ``, including bullying and harassment'' after 
     ``violent behavior''.
       (4) Bullying and harassment.--Such section is further 
     amended--
       (A) by redesignating paragraphs (4) through (11) (as 
     amended by paragraphs (2) and (3)), as paragraphs (6) through 
     (13), respectively;

[[Page S6897]]

       (B) by redesignating paragraphs (1) through (3) (as amended 
     by paragraph (1)), as paragraphs (2) through (4), 
     respectively;
       (C) by inserting before paragraph (2) (as redesignated by 
     subparagraph (B)) the following:
       ``(1) Bullying.--The term `bullying'--
       ``(A) means conduct that adversely affects the ability of 
     one or more students to participate in or benefit from the 
     school's educational programs or activities by placing the 
     student (or students) in reasonable fear of physical harm; 
     and
       ``(B) includes conduct that is based on--
       ``(i) a student's actual or perceived--

       ``(I) race;
       ``(II) color;
       ``(III) national origin;
       ``(IV) sex;
       ``(V) disability;
       ``(VI) sexual orientation;
       ``(VII) gender identity; or
       ``(VIII) religion;

       ``(ii) any other distinguishing characteristics that may be 
     defined by a State or local educational agency; or
       ``(iii) association with a person or group with one or more 
     of the actual or perceived characteristics listed in clause 
     (i) or (ii).''; and
       (D) by inserting after paragraph (4) (as redesignated by 
     subparagraph (B)) the following:
       ``(5) Harassment.--The term `harassment'--
       ``(A) means conduct that adversely affects the ability of 
     one or more students to participate in or benefit from the 
     school's educational programs or activities because the 
     conduct, as reasonably perceived by the student (or 
     students), is so severe, persistent, or pervasive; and
       ``(B) includes conduct that is based on--
       ``(i) a student's actual or perceived--

       ``(I) race;
       ``(II) color;
       ``(III) national origin;
       ``(IV) sex;
       ``(V) disability;
       ``(VI) sexual orientation;
       ``(VII) gender identity; or
       ``(VIII) religion;

       ``(ii) any other distinguishing characteristics that may be 
     defined by a State or local educational agency; or
       ``(iii) association with a person or group with one or more 
     of the actual or perceived characteristics listed in clause 
     (i) or (ii).''.
       (h) Effect on Other Laws.--
       (1) Amendment.--The Safe and Drug-Free Schools and 
     Communities Act (20 U.S.C. 7101 et seq.) is amended by adding 
     at the end the following:

     ``SEC. 4156. EFFECT ON OTHER LAWS.

       ``(a) Federal and State Nondiscrimination Laws.--Nothing in 
     this part shall be construed to invalidate or limit rights, 
     remedies, procedures, or legal standards available to victims 
     of discrimination under any other Federal law or law of a 
     State or political subdivision of a State, including title VI 
     of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), 
     title IX of the Education Amendments of 1972 (20 U.S.C. 1681 
     et seq.), section 504 or 505 of the Rehabilitation Act of 
     1973 (29 U.S.C. 794, 794a), or the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). The 
     obligations imposed by this part are in addition to those 
     imposed by title VI of the Civil Rights Act of 1964 (42 
     U.S.C. 2000d et seq.), title IX of the Education Amendments 
     of 1972 (20 U.S.C. 1681 et seq.), section 504 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 794), and the Americans 
     with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
       ``(b) Free Speech and Expression Laws.--Nothing in this 
     part shall be construed to alter legal standards regarding, 
     or affect the rights (including remedies and procedures) 
     available to individuals under, other Federal laws that 
     establish protections for freedom of speech or expression.''.
       (2) Clerical amendment.--The table of contents of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.) is amended by adding after the item relating to 
     section 4155 the following:

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

  Mrs. GILLIBRAND. Mr. President, today, I am pleased to join Senator 
Robert Casey and eight of my colleagues in introducing the Safe Schools 
Improvement Act. This important legislation will help to address a 
crisis going on in our schools--the bullying and harassment of our 
children. We know that no child can achieve the high academic standards 
set for them if they are living in fear of bullying or harassment. This 
legislation will help change the culture in our classrooms and provide 
schools with the tools they need to promote a safe learning 
environment.
  Findings from the 2007 National School Climate Survey demonstrated 
that a significant number of students experienced harassment in our 
schools, often because of their sexual orientation or gender identity. 
This study also revealed that 96 percent of lesbian, gay, bisexual and 
transgender students in New York often heard words such as ``gay'' used 
in a negative connotation. Furthermore, 93 percent of students 
regularly heard homophobic remarks. The National School Climate Survey 
also found that 20 percent of students in New York were physically 
assaulted in their school because of their sexual orientation, while 
another 13 percent were assaulted because of their gender expression.
  This environment of harassment and bullying in our schools lowers the 
academic performance of our students. In fact, 35 percent of LGBT 
students reported to have skipped classes at least once in the past 
month because they felt unsafe in their own school. I find this to be 
unacceptable.
  The Safe Schools Improvement Act will require schools and districts 
receiving designated Federal funds to adopt codes of conduct 
specifically prohibiting bullying and harassment, including conduct 
based on a student's actual or perceived race, color, national origin, 
sex, sexual orientation, gender identity or religion. The act would 
ensure that schools and school districts focus on effective prevention 
programs in order to better prevent and respond to incidences of 
bullying and harassment, and would require that States report data on 
incidences of bullying and harassment to the Department of Education.
  This bill has received support from a broad coalition of nearly 70 
education, civil rights, disability, religious, and youth service 
organizations, such as the American Association of School 
Administrators, American Federation of Teachers, American School Health 
Association, National Association of School Psychologists, National 
Education Association, National Parent Teacher Association, American 
Association of University Women, Asian American Justice Center, the 
Gay, Lesbian and Straight Education Network, Human Rights Campaign and 
the National Council of La Raza. Additionally the National Safe Schools 
Partnership, strongly endorses the Safe Schools Improvement Act.
  I urge my colleagues to join me in cosponsoring the Safe Schools 
Improvement Act. I believe that we must support this legislation to 
ensure that all our children can learn in a safe and productive 
environment.
                                 ______