[Congressional Record Volume 157, Number 62 (Monday, May 9, 2011)]
[Senate]
[Pages S2793-S2797]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN (for himself and Mrs. Gillibrand):
  S. 919. A bill to authorize grant programs to ensure successful, 
safe, and healthy students; to the Committee on Health, Education, 
Labor, and Pensions.
  Mr. HARKIN. Mr. President, one of our greatest national priorities is 
ensuring that all students in all schools are in settings that are 
safe; classrooms that support learning; situations that ensure our 
children will be successful.
  To be a successful student, to be a contributing citizen to our 
democracy, to be prepared for college and the workforce of tomorrow, 
our students need to be of sound mind, of sound body, and have access 
to resources that will support their success.
  Students who travel to school safely; who attend classes in 
structurally sound buildings where the adults model positive teamwork 
and collaboration skills; where good nutrition is available and where 
opportunities for physical activity are available and expected; where 
they have a safe, supportive social environment, students who have all 
of these conditions in their schools will be prepared to achieve high 
academic standards.
  In a country where almost one in every five children is obese, where 
thousands of students are bullied and harassed daily, and where access 
to high-quality mental and physical health care is limited, students 
must have these basic conditions for learning in order to be 
successful.
  While the Department of Justice reports that the rate of serious 
incidents of school violence continue to decline, according to the 
National Center for Education Statistics, bullying remains a pervasive 
problem that affects almost one in four students each year. As

[[Page S2794]]

we have seen in recent times, sometimes bullying results in the worst 
possible tragedy, the death of a child.
  Fifteen-year-old Phoebe Prince, a freshman at South Hadley High 
School in Massachusetts, endured nearly three months of routine torment 
by classmates. On January 14, 2010, Phoebe hanged herself in the 
stairwell of her family's home, following weeks of taunting by 
classmates. The day before she died, she told a friend: ``School has 
been close to intolerable lately.'' In California, thirteen-year-old 
Seth Walsh committed suicide this past October because of the bullying 
he experienced in his school. We need to have the expectations in all 
of our schools that all students will be valued and all students will 
have a safe haven to learn and achieve. In New York City, middle 
schooler Gurwinder Singh was targeted by bullies who bashed his head 
into a metal pole while bystanders watched, because of his Sikh 
religion. Luckily, Gurwinder survived, and has become an outspoken 
proponent of bullying prevention. We cannot stand idly by when school 
becomes a hostile place for kids.
  Thus, today, I am introducing the Successful, Safe and Healthy 
Students Act. This legislation will advance student achievement and 
promote the positive physical, mental, and emotional health of students 
throughout the nation. It will help to reduce violence in schools, 
prevent bullying and harassment, help students make responsible choices 
about drugs, tobacco, and alcohol, and create the type of school 
environments where students can do their best work and achieve the 
highest possible academic outcomes, while also becoming healthy, happy 
and productive members of their communities.
  Essential conditions for learning include schools that provide for 
adequate physical activity, positive mental health, and safe 
environments. Those conditions include physical and emotional safety 
for both students and school personnel and promote positive character 
development in our youth. Schools with the essential conditions for 
learning also provide for opportunities for good nutrition and healthy 
living, and are free of violence, harassment, bullying and other forms 
of interpersonal aggression. Schools that have the right conditions for 
learning are free of weapons and prevent the use and abuse of drugs and 
alcohol. And schools with good conditions for learning have positive 
adult role models with high expectations for students' development, 
conduct, and academic achievement.
  For those who might be skeptical about these critical conditions for 
learning, we only need to look to the States and their efforts to 
improve school performance and accountability. Many States are moving 
beyond the limited measures of school performance required by No Child 
Left Behind and have started to collect data on school-wide factors 
that are associated with student success. Some of these areas include 
school climate, physical activity of students, and physical and 
emotional safety. In fact, a March 2011 report from the RAND 
Corporation indicated that many States are now establishing 
accountability systems that include school safety, school climate, 
family involvement, and student engagement.
  This legislation will provide to each State the support necessary to 
measure the conditions for learning in each school in each school in 
the State. Resources will also be available to offer grants to school 
districts to establish policies and activities to improve the 
conditions for learning in each of their schools. This legislation 
gives State and local school districts the resources and opportunities 
to create safe, healthy schools that will enhance the academic 
achievement of students.
  This legislation is an essential tool for our States and local 
schools to support students who are prepared for college, a career, and 
to be world-class citizens.
  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. 919

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Successful, Safe, and 
     Healthy Students Act of 2011''.

     SEC. 2. PURPOSE.

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

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Child and adolescent psychiatrist; other qualified 
     psychologist; school counselor; school psychologist; school 
     social worker.--The terms ``child and adolescent 
     psychiatrist'', ``other qualified psychologist'', ``school 
     counselor'', ``school psychologist'', and ``school social 
     worker'' shall have the meanings given the terms in section 
     5421(e) of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7245(e)).
       (2) Conditions for learning.--The term ``conditions for 
     learning'' means conditions that advance student achievement 
     and positive child and youth development by proactively 
     supporting schools (inclusive of in and around the school 
     building, pathways to and from the school and students' 
     homes, school-sponsored activities, and electronic and social 
     media involving students or school personnel) that--
       (A) promote physical, mental, and emotional health;
       (B) ensure physical and emotional safety for students and 
     staff;
       (C) promote social, emotional, and character development; 
     and
       (D) have the following attributes:
       (i) Provide opportunities for physical activity, good 
     nutrition, and healthy living.
       (ii) Are free of harassment (which includes bullying), 
     abuse, dating violence, and all other forms of interpersonal 
     aggression or violence.
       (iii) Prevent use and abuse of drugs (including tobacco, 
     alcohol, illegal drugs, and unauthorized use of 
     pharmaceuticals).
       (iv) Are free of weapons.
       (v) Do not condone or tolerate unhealthy or harmful 
     behaviors, including discrimination of any kind.
       (vi) Help staff and students to model positive social and 
     emotional skills, including tolerance and respect for others.
       (vii) Promote concern for the well-being of students, 
     including through the presence of caring adults.
       (viii) Employ adults who have--

       (I) high expectations for student conduct, character, and 
     academic achievement; and
       (II) the capacity to establish supportive relationships 
     with students.

       (ix) Engage families and community members in meaningful 
     and sustained ways to promote positive student academic 
     achievement, developmental, and social outcomes.
       (3) Conditions for learning measurement system.--
       (A) In general.--The term ``conditions for learning 
     measurement system'' means a State reporting and information 
     system that measures conditions for learning in the State and 
     is, to the extent possible, part of the State's statewide 
     longitudinal data system and with the State's system for 
     reporting the data required under section 1111 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311).
       (B) Description of system.--Such system shall--
       (i) contain, at a minimum, data from valid and reliable 
     surveys of students and staff and the indicators in clause 
     (ii) that allow staff at the State, local educational 
     agencies, and schools to examine and improve school-level 
     conditions for learning;
       (ii) collect school-level data on--

       (I) physical education indicators;
       (II) individual student attendance and truancy;
       (III) in-school suspensions, out-of-school suspensions, 
     expulsions, referrals to law enforcement, school-based 
     arrests, and disciplinary transfers (including placements in 
     alternative schools) by student;
       (IV) the frequency, seriousness, and incidence of violence 
     and drug-related offenses resulting in disciplinary action in 
     elementary schools and secondary schools in the State; and
       (V) the incidence and prevalence, age of onset, perception 
     of health risk, and perception of social disapproval of drug 
     use and violence, including harassment (which includes 
     bullying), by youth and school personnel in schools and 
     communities;

       (iii) collect and report data, including, at a minimum, the 
     data described in subclauses (II), (III), and (V) of clause 
     (ii), in the aggregate and disaggregated by the categories of 
     race, ethnicity, gender, disability status, migrant status, 
     English proficiency, and status as economically 
     disadvantaged, and cross tabulated across all of such 
     categories by gender and by disability;
       (iv) protect student privacy, consistent with applicable 
     data privacy laws and regulations, including section 444 of 
     the General Education Provisions Act (20 U.S.C. 1232g,

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     commonly known as the ``Family Educational Rights and Privacy 
     Act of 1974''); and
       (v) to the extent possible, utilize a web-based reporting 
     system.
       (C) Compiling statistics.--In compiling the statistics 
     required to measure conditions for learning in the State--
       (i) the offenses described in subparagraph (B)(ii)(IV) 
     shall be defined pursuant to the State's criminal code, and 
     aligned to the extent possible, with the Federal Bureau of 
     Investigation's Uniform Crime Reports categories, but shall 
     not identify victims of crimes or persons accused of crimes 
     and the collected data shall include incident reports by 
     school officials, anonymous student surveys, and anonymous 
     teacher surveys;
       (ii) the performance metrics that are established under 
     section 5(i) shall be collected and the performance on such 
     metrics shall be defined and reported uniformly statewide;
       (iii) the State shall collect, analyze, and use the data 
     under subparagraph (B)(ii), as required under section 
     5(g)(5), at least annually, except the indicators under 
     subparagraph (B)(ii)(V) may be collected, at a minimum, every 
     2 years; and
       (iv) grant recipients and subgrant recipients shall use the 
     data for planning and continuous improvement of activities 
     implemented under this Act, and may collect data for 
     indicators that are locally defined, and that are not 
     reported to the State, to meet local needs (so long as such 
     indicators are aligned with the conditions for learning).
       (4) Drug and violence prevention.--The term ``drug and 
     violence prevention'' means--
       (A) with respect to drugs, prevention, early intervention, 
     rehabilitation referral, or education related to the abuse 
     and illegal use of drugs (including tobacco, alcohol, illegal 
     drugs, and unauthorized use of pharmaceuticals) to--
       (i) raise awareness about the costs and consequences of 
     substance use and abuse;
       (ii) change attitudes, perceptions, and social norms about 
     the dangers and acceptability of alcohol, tobacco, and drugs; 
     and
       (iii) reduce access to and use of alcohol, tobacco, and 
     drugs; and
       (B) with respect to violence, the promotion of school 
     safety on school premises, going to and from school, and at 
     school-sponsored activities, through the creation and 
     maintenance of a school environment that--
       (i) is free of weapons;
       (ii) fosters individual responsibility and respect for the 
     rights and dignity of others;
       (iii) employs positive, preventative approaches to school 
     discipline, such as schoolwide positive behavior supports and 
     restorative justice, that improve student engagement while 
     minimizing students' removal from instruction and reducing 
     disparities among the subgroups of students described in 
     section 1111(b)(2)(C)(v) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)); and
       (iv) demonstrates preparedness and readiness to respond to, 
     and recover from, incidents of school violence, such that 
     students and school personnel are free from--

       (I) violent and disruptive acts;
       (II) harassment (which includes bullying);
       (III) sexual harassment, dating violence, and abuse; and
       (IV) victimization associated with prejudice and 
     intolerance.

       (5) Eligible local applicant.--The term ``eligible local 
     applicant'' means a local educational agency, a consortium of 
     local educational agencies, or a nonprofit organization that 
     has a track record of success in implementing the proposed 
     activities and has signed a memorandum of understanding with 
     a local educational agency or consortium of local educational 
     agencies to--
       (A) implement school-based activities; and
       (B) conduct school-level measurement of conditions for 
     learning that are consistent with this Act.
       (6) Harassment.--The term ``harassment'' means conduct, 
     including bullying, that is sufficiently severe, persistent, 
     or pervasive to limit a student's ability to participate in 
     or benefit from a program or activity of a public school or 
     educational agency, or to create a hostile or abusive 
     educational environment at a program or activity of a public 
     school or educational agency, including acts of verbal, 
     nonverbal, or physical aggression, intimidation, or 
     hostility, if such conduct is based on--
       (A) a student's actual or perceived race, color, national 
     origin, sex, disability, sexual orientation, gender identity, 
     or religion;
       (B) the actual or perceived race, color, national origin, 
     sex, disability, sexual orientation, gender identity, or 
     religion of a person with whom a student associates or has 
     associated; or
       (C) any other distinguishing characteristics that may be 
     defined by a State or local educational agency.
       (7) Local educational agency.--The term ``local educational 
     agency'' has the meaning given the term in section 9101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (8) Physical education indicators.--The term ``physical 
     education indicators'' means a set of measures for 
     instruction on physical activity, health-related fitness, 
     physical competence, and cognitive understanding about 
     physical activity. Such indicators shall be publicly reported 
     annually in the State's conditions for learning measurement 
     system, and shall include--
       (A) for the State, for each local educational agency in the 
     State, and for each school in the State, the average number 
     of minutes that all students spend in required physical 
     education, and the average number of minutes that all 
     students engage in moderate to vigorous physical activity, as 
     measured against established recommended guidelines of the 
     Centers for Disease Control and Prevention and the Department 
     of Health and Human Services;
       (B) for the State, the percentage of local educational 
     agencies that have a required, age-appropriate physical 
     education curriculum that adheres to Centers for Disease 
     Control and Prevention guidelines and State standards;
       (C) for the State, for each local educational agency in the 
     State, and for each school in the State, the percentage of 
     elementary school and secondary school physical education 
     teachers who are State licensed or certified to teach 
     physical education;
       (D) for the State, and for each local educational agency in 
     the State, the percentage of schools that have a State 
     certified or licensed physical education teacher certified in 
     adapted physical education; and
       (E) for each school in the State, the number of indoor 
     square feet and the number of outdoor square feet used 
     primarily for physical education.
       (9) Programs to promote mental health.--The term ``programs 
     to promote mental health'' means programs that--
       (A) develop students' social and emotional competencies; 
     and
       (B) link students with local mental health systems as 
     follows:
       (i) Enhance, improve, or develop collaborative efforts 
     between school-based service systems and mental health 
     service systems to provide, enhance, or improve prevention, 
     diagnosis, and treatment services to students, and to improve 
     student social emotional competencies.
       (ii) Enhance the availability of crisis intervention 
     services, appropriate referrals for students potentially in 
     need of mental health services, including suicide prevention, 
     and ongoing mental health services.
       (iii) Provide training for the school personnel and mental 
     health professionals who will participate in the program.
       (iv) Provide technical assistance and consultation to 
     school systems, mental health agencies, and families 
     participating in the program.
       (v) Provide services that establish or expand school 
     counseling and mental health programs that--

       (I) are comprehensive in addressing the counseling, social, 
     emotional, behavioral, mental health, and educational needs 
     of all students;
       (II) use a developmental, preventive approach to counseling 
     and mental health services;
       (III) are linguistically appropriate and culturally 
     responsive;
       (IV) increase the range, availability, quantity, and 
     quality of counseling and mental health services in the 
     elementary schools and secondary schools of the local 
     educational agency;
       (V) expand counseling and mental health services through 
     school counselors, school social workers, school 
     psychologists, other qualified psychologists, or child and 
     adolescent psychiatrists;
       (VI) use innovative approaches to--

       (aa) increase children's understanding of peer and family 
     relationships, work and self, decisionmaking, or academic and 
     career planning; or
       (bb) improve peer interaction;

       (VII) provide counseling and mental health services in 
     settings that meet the range of student needs;
       (VIII) include professional development appropriate to the 
     activities covered in this paragraph for teachers, school 
     leaders, instructional staff, and appropriate school 
     personnel, including training in appropriate identification 
     and early intervention techniques by school counselors, 
     school social workers, school psychologists, other qualified 
     psychologists, or child and adolescent psychiatrists;
       (IX) ensure a team approach to school counseling and mental 
     health services in the schools served by the local 
     educational agency;
       (X) ensure work toward ratios recommended--

       (aa) by the American School Counselor Association of 1 
     school counselor to 250 students;
       (bb) by the School Social Work Association of America of 1 
     school social worker to 400 students; and
       (cc) by the National Association of School Psychologists of 
     1 school psychologist to 700 students; and

       (XI) ensure that school counselors, school psychologists, 
     other qualified psychologists, school social workers, or 
     child and adolescent psychiatrists paid from funds made 
     available under this program spend a majority of their time 
     counseling or providing mental health services to students or 
     in other activities directly related to such processes.

       (10) Programs to promote physical activity, education, 
     fitness, and nutrition.--The term ``programs to promote 
     physical activity, education, fitness, and nutrition'' means 
     programs that increase and enable active student 
     participation in physical well-being activities and provide 
     teacher professional development. Such programs shall be

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     comprehensive in nature, and include opportunities for 
     professional development for teachers of physical education 
     to stay abreast of the latest research, issues, and trends in 
     the field of physical education, and 1 or more of the 
     following activities:
       (A) Fitness education and assessment to help students 
     understand, improve, or maintain their physical well-being.
       (B) Instruction in a variety of motor skills and physical 
     activities designed to enhance the physical, mental, social, 
     and emotional development of every student.
       (C) Development of, and instruction in, cognitive concepts 
     about motor skill and physical fitness that support a 
     lifelong healthy lifestyle.
       (D) Opportunities to develop positive social and 
     cooperative skills through physical activity.
       (E) Instruction in healthy eating habits and good 
     nutrition.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (12) State.--The term ``State'' has the meaning given the 
     term in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).

     SEC. 4. RESERVATIONS.

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

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

       (a) Purpose.--The purpose of this section is to provide 
     funding to States to implement comprehensive programs that 
     address conditions for learning in schools in the State. Such 
     programs shall be based on --
       (1) scientifically valid research; and
       (2) an analysis of need that considers, at a minimum, the 
     indicators in the conditions for learning measurement system.
       (b) State Grants.--
       (1) In general.--From amounts reserved under section 4 for 
     Successful, Safe, and Healthy Students State Grants, the 
     Secretary shall award grants to States to carry out the 
     purpose of this section.
       (2) Awards to states.--
       (A) Formula grants.--If the total amount reserved under 
     section 4 for Successful, Safe, and Healthy Students State 
     Grants for a fiscal year is $500,000,000 or more, the 
     Secretary shall allot to each State with an approved 
     application an amount that bears the same relationship to 
     such total amount as the amount received under part A of 
     title I of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6311 et seq.) by such State for such fiscal year 
     bears to the amount received under such part for such fiscal 
     year by all States.
       (B) Competitive grants.--
       (i) In general.--If the total amount reserved under section 
     4 for Successful, Safe, and Healthy Students State Grants for 
     a fiscal year is less than $500,000,000, the Secretary shall 
     award grants under this section on a competitive basis.
       (ii) Sufficient size and scope.--In awarding grants on a 
     competitive basis pursuant to clause (i), the Secretary shall 
     ensure that grant awards are of sufficient size and scope to 
     carry out required and approved activities under this 
     section.
       (c) Eligibility.--To be eligible to receive a grant under 
     this section, a State shall demonstrate that it has--
       (1) established a statewide physical education requirement 
     that is consistent with widely recognized standards; and
       (2) required all local educational agencies in the State 
     to--
       (A) establish policies that prevent and prohibit harassment 
     (which includes bullying) in schools; and
       (B) provide--
       (i) annual notice to parents and students describing the 
     full range of prohibited conduct contained in such local 
     educational agency's discipline policies; and
       (ii) grievance procedures for students or parents to 
     register complaints regarding the prohibited conduct 
     contained in such local educational agency's discipline 
     policies, including--

       (I) the name of the local educational agency officials who 
     are designated as responsible for receiving such complaints; 
     and
       (II) timelines that the local educational agency will 
     follow in the resolution of such complaints.

       (d) Applications.--
       (1) In general.--A State that desires to receive a grant 
     under this section shall submit an application at such time, 
     in such manner, and containing such information as the 
     Secretary may require.
       (2) Content of application.--At a minimum, the application 
     shall include--
       (A) documentation of the State's eligibility to receive a 
     grant under this section, as described in subsection (c);
       (B) an assurance that the policies used to prohibit 
     harassment (which includes bullying) in schools required 
     under subsection (c)(2)(A) emphasize alternatives to school 
     suspension that minimize students' removal from grade-level 
     instruction, promote mental health, and only allow out-of-
     school punishments in severe or persistent cases;
       (C) a plan for improving conditions for learning in schools 
     in the State in a manner consistent with the requirements of 
     the program that may be a part of a broader statewide child 
     and youth plan, if such a plan exists and is consistent with 
     the requirements of this Act;
       (D) a needs analysis of the conditions for learning in 
     schools in the State, which--
       (i) shall include a description of, and data measuring, the 
     State's conditions for learning; and
       (ii) may be a part of a broader statewide child and youth 
     needs analysis, if such an analysis exists and is consistent 
     with the requirements of this Act;
       (E) a description of how the activities the State proposes 
     to implement with grant funds are responsive to the results 
     of the needs analysis described in subparagraph (C); and
       (F) a description of how the State will--
       (i) develop, adopt, adapt, or implement the State's 
     conditions for learning measurement system, and how the State 
     will ensure that all local educational agencies and schools 
     in the State participate in such system;
       (ii) ensure the quality of the State's conditions for 
     learning data collection, including the State's plan for 
     survey administration and for ensuring the reliability and 
     validity of survey instruments;
       (iii) coordinate the proposed activities with other Federal 
     and State programs, including programs funded under this Act, 
     which may include programs to expand learning time and for 
     before- and after-school programming in order to provide 
     sufficient time to carry out the activities described in this 
     Act;
       (iv) assist local educational agencies to align activities 
     with funds the agencies receive under the program with other 
     funding sources in order to support a coherent and non-
     duplicative program;
       (v) solicit and approve subgrant applications, including 
     how the State will--

       (I) allocate funds for statewide activities and subgrants 
     for each year of the grant, consistent with allocation 
     requirements under subsection (h)(2); and
       (II) consider the results of the analysis described in 
     subparagraph (C) in the State's distribution of subgrants;

       (vi) address the needs of diverse geographic areas in the 
     State, including rural and urban communities;
       (vii) provide assistance to local educational agencies and 
     schools in their efforts to prevent and appropriately respond 
     to incidents of harassment (which includes bullying), 
     including building the capacity of such agencies and schools 
     to educate family and community members regarding the 
     agencies' and schools' respective roles in preventing and 
     responding to such incidents; and
       (viii) provide assistance to local educational agencies and 
     schools in their efforts to implement positive, preventative 
     approaches to school discipline, such as schoolwide positive 
     behavior supports and restorative justice, that improve 
     student engagement while minimizing students' removal from 
     instruction and reducing significant school discipline rates 
     and disciplinary disparities among the subgroups of students 
     described in section 1111(b)(2)(C)(v) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)).
       (3) Peer review.--The Secretary shall establish a peer 
     review process to review applications submitted under this 
     subsection.
       (e) Duration.--
       (1) In general.--A State that receives a grant under this 
     section may receive funding for not more than 5 years in 
     accordance with this subsection.
       (2) Initial period.--The Secretary shall award grants under 
     this section for an initial period of not more than 3 years.
       (3) Grant extension.--The Secretary may extend a 
     competitive grant awarded to a State under this section for 
     not more than an additional 2 years if the State shows 
     sufficient improvement, as determined by the Secretary, 
     against baseline data for the performance metrics established 
     under subsection (i).
       (f) Reservation and Use of Funds.--A State that receives a 
     grant under this section shall--
       (1) reserve not more than 10 percent of the grant funds for 
     administration of the program, technical assistance, and the 
     development, improvement, and implementation of the State's 
     conditions for learning measurement system, as described in 
     paragraphs (1) through (5) of subsection (g); and
       (2) use the remainder of grant funds after making the 
     reservation under paragraph (1)

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     to award subgrants, on a competitive basis, to eligible local 
     applicants.
       (g) Required State Activities.--A State that receives a 
     grant under this section shall--
       (1) not later than 1 year after receipt of the grant, 
     develop, adapt, improve, or adopt and implement a statewide 
     conditions for learning measurement system (unless the State 
     can demonstrate, to the satisfaction of the Secretary, that 
     an appropriate system has already been implemented) that 
     annually measures the State's progress in the conditions for 
     learning for every public school in the State;
       (2) collect information in each year of the grant on the 
     conditions for learning at the school-building level through 
     comprehensive needs assessments of students, school staff, 
     and family perceptions, experiences, and behaviors;
       (3) collect annual incident data at the school-building 
     level that are accurate and complete;
       (4) publicly report, at the school level and district 
     level, the data collected in the conditions for learning 
     measurement system each year in a timely and highly 
     accessible manner;
       (5) use, on a continuous basis, the results of the 
     conditions for learning measurement system to--
       (A) identify and address conditions for learning statewide;
       (B) help subgrantees identify and address school and 
     student needs; and
       (C) provide individualized assistance to the lowest-
     performing schools (consistent with section 1116 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6316)) and schools with significant conditions for learning 
     weaknesses as identified through the conditions for learning 
     measurement system with implementation of activities under 
     this Act; and
       (6) award subgrants, consistent with subsection (h), to 
     eligible local applicants.
       (h) Subgrants.--
       (1) In general.--
       (A) Awarding of subgrants.--A State that receives a grant 
     under this section shall award subgrants, on a competitive 
     basis, to eligible local applicants (which may apply in 
     partnership with 1 or more community-based organizations)--
       (i) based on need as identified by data from State and 
     local conditions for learning measurement systems;
       (ii) that are of sufficient size and scope to enable 
     subgrantees to carry out approved activities; and
       (iii) to implement programs that--

       (I) are comprehensive in nature;
       (II) are based on scientifically valid research;
       (III) are consistent with achieving the conditions for 
     learning;
       (IV) are part of a strategy to achieve all the conditions 
     for learning; and
       (V) address 1 or more of the categories described in 
     paragraph (2)(A).

       (B) Assistance.--A State that receives a grant under this 
     section shall provide assistance to subgrant applicants and 
     recipients in the selection of scientifically valid programs 
     and interventions.
       (2) Allocation.--
       (A) In general.--In awarding subgrants under this section, 
     each State shall ensure that, for the aggregate of all 
     subgrants awarded by the State--
       (i) not less than 20 percent of the subgrant funds are 
     allocated to carry out drug and violence prevention;
       (ii) not less than 20 percent of the subgrant funds are 
     allocated to carry out programs to promote mental health; and
       (iii) not less than 20 percent of the subgrant funds are 
     allocated to carry out programs to promote physical activity, 
     education, fitness, and nutrition.
       (B) Rule of construction.--Nothing in this section shall be 
     construed to require States, in making subgrants to eligible 
     local applicants, to require subgrant recipients to use 20 
     percent of grant funds for drug and violence prevention, 20 
     percent of grant funds for the promotion of mental health, 
     and 20 percent of grant funds for the promotion of physical 
     activity, education, fitness, and nutrition.
       (3) Applications.--An eligible local applicant that desires 
     to receive a subgrant under this subsection shall submit to 
     the State an application at such time, in such manner, and 
     containing such information as the State may require.
       (4) Priority.--In awarding subgrants under this subsection, 
     a State shall give priority to applications that--
       (A) demonstrate the greatest need according to the results 
     of the State's conditions for learning survey; and
       (B) propose to serve schools with the highest 
     concentrations of poverty, based on the percentage of 
     students receiving or are eligible to receive a free or 
     reduced price lunch under the Richard B. Russell National 
     School Lunch Act (42 U.S.C. 1751 et seq.).
       (5) Activities of subgrant recipients.--Each recipient of a 
     subgrant under this subsection shall, for the duration of the 
     subgrant--
       (A) carry out activities--
       (i) the need for which has been identified, at a minimum, 
     through the conditions for learning measurement system; and
       (ii) that are part of a comprehensive strategy or framework 
     to address such need, in 1 or more of the 3 categories 
     identified in paragraph (2)(A);
       (B) ensure that each framework, intervention, or program 
     selected be based on scientifically valid research and be 
     used for the purpose for which such framework, intervention, 
     or program was found to be effective;
       (C) use school-level data from the statewide conditions for 
     learning measurement system to inform the implementation and 
     continuous improvement of activities carried out under this 
     Act;
       (D) use data from the statewide conditions for learning 
     measurement system to identify challenges outside of school 
     or off school grounds, (including the need for safe passages 
     for students to and from school), and collaborate with 1 or 
     more community-based organization to address such challenges;
       (E) collect and report to the State educational agency, 
     data for schools served by the subgrant recipient, in a 
     manner consistent with the State's conditions for learning 
     measurement system;
       (F) establish policies to expand access to quality physical 
     activity opportunities, (including school wellness policies) 
     and establish active school wellness councils, consistent 
     with the requirements of the Child Nutrition Act of 1966 (42 
     U.S.C. 1771 et seq.), which may be part of existing school 
     councils, if such councils exist and have the capacity and 
     willingness to address school wellness;
       (G) engage family members and community-based organizations 
     in the development of conditions for learning surveys, and in 
     the planning, implementation, and review of the subgrant 
     recipient's efforts under this Act; and
       (H) consider and accommodate the unique needs of students 
     with disabilities and English language learners in 
     implementing activities.
       (i) Accountability.--
       (1) Establishment of performance metrics.--The Secretary, 
     acting through the Director of the Institute of Education 
     Sciences, shall establish program performance metrics to 
     measure the effectiveness of the activities carried out under 
     this Act.
       (2) Annual report.--Each State that receives a grant under 
     this Act shall prepare and submit an annual report to the 
     Secretary, which shall include information relevant to the 
     conditions for learning, including on progress towards 
     meeting outcomes for the metrics established under paragraph 
     (1).

     SEC. 6. FUNDS RESERVED FOR SECRETARY.

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

     SEC. 7. PROHIBITED USES OF FUNDS.

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

     SEC. 8. FEDERAL AND STATE NONDISCRIMINATION LAWS.

       Nothing in this Act shall be construed to invalidate or 
     limit nondiscrimination principles or rights, remedies, 
     procedures, or legal standards available to victims of 
     discrimination under any other Federal law or law of a State 
     or political subdivision of a State, including title VI of 
     the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title 
     IX of the Education Amendments of 1972 (20 U.S.C. 1681 et 
     seq.), section 504 or 505 of the Rehabilitation Act of 1973 
     (29 U.S.C. 794 and 794a), or the Americans with Disabilities 
     Act of 1990 (42 U.S.C. 12101 et seq.). The obligations 
     imposed by this Act are in addition to those imposed by title 
     VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), 
     title IX of the Education Amendments of 1972 (20 U.S.C. 1681 
     et seq.), section 504 of the Rehabilitation Act of 1973 (29 
     U.S.C. 794), and the Americans with Disabilities Act of 1990 
     (42 U.S.C. 12101 et seq.).

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

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

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