HR 2262 IHCommentsClose CommentsPermalink

To amend the Safe and Drug-Free Schools and Communities Act to include bullying and harassment prevention programs.CommentsClose CommentsPermalink

May 5, 2009CommentsClose CommentsPermalink

Ms. LINDA T. SANCHEZ of California (for herself, Ms. ROS-LEHTINEN, Mrs. MCCARTHY of New York, Ms. BALDWIN, Mr. BERMAN, Mr. BISHOP of New York, Ms. BORDALLO, Mrs. CAPPS, Mr. CAPUANO, Mr. CARNAHAN, Ms. CLARKE, Mr. DAVIS of Illinois, Mr. DELAHUNT, Ms. DELAURO, Mr. DOYLE, Mr. ETHERIDGE, Mr. FARR, Mr. FRANK of Massachusetts, Mr. GORDON of Tennessee, Mr. AL GREEN of Texas, Mr. GRIJALVA, Mr. HINOJOSA, Mr. HOLT, Mr. KILDEE, Mr. KIRK, Mr. LANCE, Ms. MATSUI, Mr. MCGOVERN, Mr. MEEKS of New York, Mr. MORAN of Virginia, Mr. PAYNE, Mr. REYES, Ms. LORETTA SANCHEZ of California, Mr. SARBANES, Mr. SIRES, Ms. SLAUGHTER, Mr. STARK, Ms. SUTTON, Mr. TONKO, Mr. WEINER, and Mr. WEXLER) introduced the following bill; which was referred to the Committee on Education and LaborCommentsClose CommentsPermalink

To amend the Safe and Drug-Free Schools and Communities Act to include bullying and harassment prevention programs.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Safe Schools Improvement Act of 2009’.CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink





(b) State Application- Section 4113(a) of such Act (20 U.S.C. 7113(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (9)--CommentsClose CommentsPermalink





(A) in subparagraph (C), by striking ‘and’ at the end; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(E) the incidence and prevalence of reported incidents of bullying and harassment; andCommentsClose CommentsPermalink





‘(F) 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;’;CommentsClose CommentsPermalink





(2) in paragraph (18), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(3) in paragraph (19), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





‘(20) provides an assurance that the State educational agency will provide assistance to districts and schools in their efforts to prevent and appropriately respond to incidents of bullying and harassment and describes how the agency will meet this requirement.’.CommentsClose CommentsPermalink





(c) Local Educational Agency Program Application- Section 4114(d) of such Act (20 U.S.C. 7114(d)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2)(B)(i)--CommentsClose CommentsPermalink





(A) in subclause (I), by striking ‘and’ at the end; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(III) performance indicators for bullying and harassment prevention programs and activities; and’; andCommentsClose CommentsPermalink





(2) in paragraph (7)--CommentsClose CommentsPermalink





(A) in subparagraph (A), by inserting ‘, including bullying and harassment’ after ‘disorderly conduct’;CommentsClose CommentsPermalink





(B) in subparagraph (D), by striking ‘and’ at the end; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(F) annual notice to parents and students describing the full range of prohibited conduct contained in the discipline policies described in subparagraph (A); andCommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) the name of the school district officials who are designated as responsible for receiving such complaints; andCommentsClose CommentsPermalink





‘(ii) timelines that the school district will follow in the resolution of such complaints;’.CommentsClose CommentsPermalink





(d) Authorized Activities- Section 4115(b)(2) of such Act (20 U.S.C. 7115(b)(2)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A)--CommentsClose CommentsPermalink





(A) in clause (vi), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(B) in clause (vii), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(viii) teach students about the consequences of bullying and harassment.’; andCommentsClose CommentsPermalink





(2) in subparagraph (E), by adding at the end the following:CommentsClose CommentsPermalink





‘(xxiii) Programs that address the causes of bullying and harassment and that train teachers, administrators, pupil services personnel, and other school personnel regarding strategies to prevent bullying and harassment and to effectively intervene when such incidents occur.’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(f) Impact Evaluation- Section 4122 of such Act (20 U.S.C. 7132) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(2), by striking ‘and school violence’ and inserting ‘school violence, including bullying and harassment,’; andCommentsClose CommentsPermalink





(2) in the first sentence of subsection (b), by inserting ‘, including bullying and harassment,’ after ‘drug use and violence’.CommentsClose CommentsPermalink





(g) Definitions-CommentsClose CommentsPermalink





(1) DRUG AND VIOLENCE PREVENTION- Paragraph (3)(B) of section 4151 of such Act (20 U.S.C. 7151) is amended by inserting ‘, bullying, and other harassment’ after ‘sexual harassment and abuse’.CommentsClose CommentsPermalink





(2) PROTECTIVE FACTOR, BUFFER, OR ASSET- Paragraph (6) of such section is amended by inserting ‘, including bullying and harassment’ after ‘violent behavior’.CommentsClose CommentsPermalink





(3) RISK FACTOR- Paragraph (7) of such section is amended by inserting ‘, including bullying and harassment’ after ‘violent behavior’.CommentsClose CommentsPermalink





(4) BULLYING, HARASSMENT, AND VIOLENCE- Such section is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(12) BULLYING- The term ‘bullying’ means conduct that--CommentsClose CommentsPermalink





‘(A) 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; andCommentsClose CommentsPermalink





‘(B) includes conduct that is based on--CommentsClose CommentsPermalink





‘(i) a student’s actual or perceived--CommentsClose CommentsPermalink





‘(I) race;CommentsClose CommentsPermalink





‘(II) color;CommentsClose CommentsPermalink





‘(III) national origin;CommentsClose CommentsPermalink





‘(IV) sex;CommentsClose CommentsPermalink





‘(V) disability;CommentsClose CommentsPermalink





‘(VI) sexual orientation;CommentsClose CommentsPermalink





‘(VII) gender identity; orCommentsClose CommentsPermalink





‘(VIII) religion;CommentsClose CommentsPermalink





‘(ii) any other distinguishing characteristics that may be defined by a State or local educational agency; orCommentsClose CommentsPermalink





‘(iii) association with a person or group with one or more of the actual or perceived characteristics listed in clause (i) or (ii).CommentsClose CommentsPermalink





‘(13) HARASSMENT- The term ‘harassment’ means conduct that--CommentsClose CommentsPermalink





‘(A) 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; andCommentsClose CommentsPermalink





‘(B) includes conduct that is based on--CommentsClose CommentsPermalink





‘(i) a student’s actual or perceived--CommentsClose CommentsPermalink





‘(I) race;CommentsClose CommentsPermalink





‘(II) color;CommentsClose CommentsPermalink





‘(III) national origin;CommentsClose CommentsPermalink





‘(IV) sex;CommentsClose CommentsPermalink





‘(V) disability;CommentsClose CommentsPermalink





‘(VI) sexual orientation;CommentsClose CommentsPermalink





‘(VII) gender identity; orCommentsClose CommentsPermalink





‘(VIII) religion;CommentsClose CommentsPermalink





‘(ii) any other distinguishing characteristics that may be defined by a State or local educational agency; orCommentsClose CommentsPermalink





‘(iii) association with a person or group with one or more of the actual or perceived characteristics listed in clause (i) or (ii).CommentsClose CommentsPermalink





‘(14) VIOLENCE- The term ‘violence’ includes bullying and harassment.’.CommentsClose CommentsPermalink





(h) Effect on Other Laws-CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink

‘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 of the Rehabilitation Act of 1973 (29 U.S.C. 794), 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 IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).CommentsClose CommentsPermalink





‘(b) Free Speech and Expression Laws- Nothing in this part shall be construed to alter legal standards regarding, or affect the rights available to individuals under, other Federal laws that establish protections for freedom of speech and expression.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘Sec. 4156. Effect on other laws.’.CommentsClose CommentsPermalink