```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2262 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2262

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 2009

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 Labor

_______________________________________________________________________

                                 A BILL

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

    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 
2009''.

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 adding at the end the following:
                    ``(E) the incidence and prevalence of reported 
                incidents of bullying and harassment; and
                    ``(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;'';
            (2) in paragraph (18), by striking ``and'' at the end;
            (3) in paragraph (19), by striking the period at the end 
        and inserting ``; and''; and
            (4) by adding at the end the following:
            ``(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.''.
    (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, pupil services 
                        personnel, and other school personnel regarding 
                        strategies to prevent bullying and harassment 
                        and to effectively intervene when such 
                        incidents 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. 7151) 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, harassment, and violence.--Such section is 
        further amended by adding at the end the following:
            ``(12) Bullying.--The term `bullying' means conduct that--
                    ``(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; 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).
            ``(13) Harassment.--The term `harassment' means conduct 
        that--
                    ``(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; 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).
            ``(14) Violence.--The term `violence' includes bullying and 
        harassment.''.
    (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 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.).
    ``(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.''.
            (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.''.
                                 <all>
```