I 

113TH CONGRESS 

1ST SESSION H. R. 3122 

To amend the Elementary and Secondary Education Act of 1965 to promote 

student physical health and well-being, nutrition, and fitness, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 18, 2013 

Mr. BRALEY of Iowa introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965 to promote student physical health and wellbeing, nutrition, and fitness, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Successful, Safe, and 

5 Healthy Students Act of 2013’’. 

6 SEC. 2. SUCCESSFUL, SAFE, AND HEALTHY STUDENTS. 

7 Title IV of the Elementary and Secondary Education 

8 Act of 1965 (20 U.S.C. 7101 et seq.) is amended by add9 ing at the end the following new part: 

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1 ‘‘PART D—SUCCESSFUL, SAFE, AND HEALTHY 

2 STUDENTS 

3 ‘‘SEC. 4401. PURPOSE. 

4 ‘‘The purpose of this part is to assist States and local 

5 educational agencies in developing and implementing com6 prehensive programs and strategies to foster positive con7 ditions for learning in public schools, in order to increase 

8 academic achievement for all students through the provi9 sion of Federal assistance to States for the— 

10 ‘‘(1) promotion of student physical health and 

11 well-being, nutrition, and fitness; 

12 ‘‘(2) promotion of student mental health and 

13 well-being; 

14 ‘‘(3) prevention of school violence, harassment, 

15 and substance abuse among students; and 

16 ‘‘(4) promotion of safe and supportive schools. 

17 ‘‘SEC. 4402. DEFINITIONS. 

18 ‘‘In this part: 

19 ‘‘(1) CHILD AND ADOLESCENT PSYCHIA20 TRIST.—The term ‘child and adolescent psychiatrist’ 

21 means an individual who— 

22 ‘‘(A) possesses State medical licensure; and 

23 ‘‘(B) has completed residency training pro24 grams in both general psychiatry and child and 

25 adolescent psychiatry. 

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1 ‘‘(2) CONDITIONS FOR LEARNING.—The term 

2 ‘conditions for learning’ means conditions that— 

3 ‘‘(A) advance student achievement and 

4 positive child and youth development by 

5 proactively supporting schools; 

6 ‘‘(B) are applied in and around the school 

7 building, on pathways to and from the school 

8 and students’ homes, at school-sponsored activi9 ties, and through electronic and social media in10 volving students or school personnel; 

11 ‘‘(C) promote physical, mental, and emo12 tional health; 

13 ‘‘(D) ensure physical and emotional safety 

14 for students and staff; 

15 ‘‘(E) promote social, emotional, and char16 acter development; and 

17 ‘‘(F) have the following attributes: 

18 ‘‘(i) Provide opportunities for physical 

19 activity, good nutrition, and healthy living. 

20 ‘‘(ii) Prevent the use and abuse of 

21 drugs. 

22 ‘‘(iii) Ensure that the school environ23 ments described in subparagraph (B) 

24 are— 

25 ‘‘(I) free of weapons; and 

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1 ‘‘(II) free of harassment, abuse, 

2 dating violence, and all other forms of 

3 interpersonal aggression or violence. 

4 ‘‘(iv) Do not condone or tolerate 

5 unhealthy or harmful behaviors, including 

6 discrimination of any kind. 

7 ‘‘(v) Help staff and students to model 

8 positive social and emotional skills, includ9 ing tolerance and respect for others. 

10 ‘‘(vi) Promote concern for the well11 being of students, including through the 

12 presence of caring adults. 

13 ‘‘(vii) Ensure that the adults em14 ployed by the school— 

15 ‘‘(I) have high expectations for 

16 student conduct, character, and aca17 demic achievement and the capacity to 

18 establish supportive relationships with 

19 students; and 

20 ‘‘(II) are provided specialized 

21 training specific to the students’ 

22 stages of development. 

23 ‘‘(viii) Engage families and commu24 nity members with the school in meaning25 ful and sustained ways, such as through 

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1 case management services, to promote 

2 positive student academic achievement, de3 velopmental, and social growth, including 

4 non-cognitive skill development. 

5 ‘‘(ix) To the extent practicable, pro6 vide access to school nurses, school coun7 selors, and school social workers for the 

8 promotion of student physical health, men9 tal health, and well-being. 

10 ‘‘(3) CONTROLLED SUBSTANCE.—The term 

11 ‘controlled substance’ means a drug or other sub12 stance identified under Schedule I, II, III, IV, or V 

13 of section 202(c) of the Controlled Substances Act 

14 (21 U.S.C. 812(c)). 

15 ‘‘(4) DRUG.—The term ‘drug’ includes— 

16 ‘‘(A) a controlled substance; 

17 ‘‘(B) with respect to alcohol and tobacco, 

18 the illegal use of such substances; and 

19 ‘‘(C) with respect to inhalants and anabolic 

20 steroids, the harmful, abusive, or addictive use 

21 of such substances. 

22 ‘‘(5) DRUG AND VIOLENCE PREVENTION.—The 

23 term ‘drug and violence prevention’ means— 

24 ‘‘(A) with respect to drugs, prevention, 

25 early intervention, rehabilitation referral, or 

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1 education related to the abuse and illegal use of 

2 drugs, in order to— 

3 ‘‘(i) raise awareness about the costs 

4 and consequences of drug use and abuse; 

5 ‘‘(ii) change attitudes, perceptions, 

6 and social norms about the dangers and 

7 acceptability of alcohol, tobacco, and 

8 drugs; and 

9 ‘‘(iii) reduce access to and use of alco10 hol, tobacco, and drugs; and 

11 ‘‘(B) with respect to violence, the pro12 motion of school safety in and around the 

13 school building, on pathways to and from the 

14 school and students’ homes, at school-sponsored 

15 activities, and through electronic and social 

16 media involving students or school personnel, 

17 through the creation and maintenance of a 

18 school environment that— 

19 ‘‘(i) is free of— 

20 ‘‘(I) weapons; 

21 ‘‘(II) violent and disruptive acts; 

22 ‘‘(III) harassment; 

23 ‘‘(IV) sexual harassment, dating 

24 violence, and abuse; and 

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1 ‘‘(V) victimization associated 

2 with prejudice and intolerance; 

3 ‘‘(ii) fosters individual responsibility 

4 and respect for the rights and dignity of 

5 others; 

6 ‘‘(iii) employs positive, preventative 

7 approaches to school discipline, such as 

8 schoolwide positive behavior supports and 

9 interventions and restorative justice, that 

10 improve student engagement while mini11 mizing students’ removal from instruction 

12 and reducing the frequency of discipline in13 fractions and disparities among the sub14 groups of students described in section 

15 1116(b)(1)(B); and 

16 ‘‘(iv) demonstrates preparedness and 

17 readiness to respond to, and recover from, 

18 incidents of school violence. 

19 ‘‘(6) ELIGIBLE LOCAL APPLICANT.—The term 

20 ‘eligible local applicant’ means— 

21 ‘‘(A) a local educational agency; 

22 ‘‘(B) a consortium of local educational 

23 agencies; or 

24 ‘‘(C) a nonprofit organization that has a 

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1 tivities proposed in the grant application and 

2 has signed a memorandum of understanding 

3 with a local educational agency or consortium 

4 of local educational agencies that the organiza5 tion will, upon receipt of a subgrant under this 

6 part— 

7 ‘‘(i) implement school-based activities 

8 and programs described in section 

9 4404(i)(1)(A)(iii) in 1 or more schools 

10 served by the local educational agency or 

11 consortium; and 

12 ‘‘(ii) conduct school-level measurement 

13 of conditions for learning that are con14 sistent with the State’s conditions for 

15 learning measurement system under sec16 tion 4404(h). 

17 ‘‘(7) HARASSMENT.—The term ‘harassment’ 

18 means conduct, including bullying, that— 

19 ‘‘(A) is sufficiently severe, persistent, or 

20 pervasive to limit or interfere with a student’s 

21 ability to participate in or benefit from a pro22 gram or activity of a public school or edu23 cational agency, including acts of verbal, non24 verbal, or physical aggression, intimidation, or 

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1 hostility, and communications made available 

2 through electronic means; and 

3 ‘‘(B) is based on— 

4 ‘‘(i) a student’s actual or perceived 

5 race, color, national origin, sex, disability, 

6 sexual orientation, gender identity, or reli7 gion; 

8 ‘‘(ii) the actual or perceived race, 

9 color, national origin, sex, disability, sexual 

10 orientation, gender identity, or religion of 

11 a person with whom a student associates 

12 or has associated; or 

13 ‘‘(iii) any other distinguishing charac14 teristics that may be enumerated by a 

15 State or local educational agency. 

16 ‘‘(8) OTHER QUALIFIED PSYCHOLOGIST.—The 

17 term ‘other qualified psychologist’ means an indi18 vidual who has demonstrated competence in coun19 seling children in a school setting and who— 

20 ‘‘(A) is licensed in psychology by the State 

21 in which the individual works; and 

22 ‘‘(B) practices in the scope of the individ23 ual’s education, training, and experience with 

24 children in school settings. 

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1 ‘‘(9) PHYSICAL EDUCATION INDICATORS.—The 

2 term ‘physical education indicators’ means a set of 

3 measures for instruction on physical activity, health4 related fitness, physical competence, and cognitive 

5 understanding about physical activity. Such indica6 tors shall include— 

7 ‘‘(A) for the State, for each local edu8 cational agency in the State, and for each ele9 mentary school and secondary school in the 

10 State, the average number of minutes per week 

11 (averaged over the school year) that all students 

12 spend in required physical education, and the 

13 average number of minutes per week (averaged 

14 over the school year) that all students engage in 

15 moderate to vigorous physical activity, as meas16 ured against established recommended guide17 lines of the Centers for Disease Control and 

18 Prevention and the Department of Health and 

19 Human Services; 

20 ‘‘(B) for the State, the percentage of local 

21 educational agencies that have a required, age22 appropriate physical education curriculum that 

23 adheres to Centers for Disease Control and 

24 Prevention guidelines and State standards; 

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1 ‘‘(C) for the State, for each local edu2 cational agency in the State, and for each ele3 mentary school and secondary school in the 

4 State, the percentage of elementary school and 

5 secondary school physical education teachers 

6 who are licensed or certified in the State to 

7 teach physical education; 

8 ‘‘(D) for the State, and for each local edu9 cational agency in the State, the percentage of 

10 elementary schools and secondary schools that 

11 have a physical education teacher who is cer12 tified or licensed to teach physical education 

13 and adapted physical education in the State; 

14 ‘‘(E) for each school in the State, the num15 ber of indoor square feet and the number of 

16 outdoor square feet used primarily for physical 

17 education; and 

18 ‘‘(F) for the State, the percentage of local 

19 educational agencies that have a school wellness 

20 council that— 

21 ‘‘(i) includes members appointed by 

22 the local educational agency super23 intendent; 

24 ‘‘(ii) may include parents, students, 

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1 ity, representatives of the school board, 

2 school administrators, school nurses, and 

3 members of the public; and 

4 ‘‘(iii) meets regularly to promote a 

5 healthy school environment. 

6 ‘‘(10) PRESCRIPTION DRUG.—The term ‘pre7 scription drug’ means a drug (as defined in section 

8 201(g)(1) of the Federal Food, Drug, and Cosmetic 

9 Act (21 U.S.C. 321(g)(1)) that is described in sec10 tion 503(b)(1) of such Act (21 U.S.C. 353(b)(1))). 

11 ‘‘(11) PROGRAMS TO PROMOTE MENTAL

12 HEALTH.—The term ‘programs to promote mental 

13 health’ means programs that— 

14 ‘‘(A) develop students’ social and emotional 

15 competencies; 

16 ‘‘(B) link students with local mental health 

17 systems by— 

18 ‘‘(i) enhancing, improving, or devel19 oping collaborative efforts between school20 based service systems and mental health 

21 service systems to provide, enhance, or im22 prove prevention, diagnosis, and treatment 

23 services to students, and to improve stu24 dent social and emotional competencies; 

25 ‘‘(ii) enhancing the availability of— 

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1 ‘‘(I) crisis intervention services; 

2 ‘‘(II) appropriate referrals for 

3 students potentially in need of mental 

4 health services, including suicide pre5 vention; and 

6 ‘‘(III) ongoing mental health 

7 services; and 

8 ‘‘(iii) providing services that establish 

9 or expand school counseling and mental 

10 health programs that— 

11 ‘‘(I) are comprehensive in ad12 dressing the counseling, social, emo13 tional, behavioral, mental health, and 

14 educational needs of all students; 

15 ‘‘(II) use a developmental, pre16 ventive approach to counseling and 

17 mental health services; 

18 ‘‘(III) are linguistically appro19 priate and culturally responsive; 

20 ‘‘(IV) increase the range, avail21 ability, quantity, and quality of coun22 seling and mental health services in 

23 the elementary schools and secondary 

24 schools of the local educational agen25 cy; 

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1 ‘‘(V) expand counseling and men2 tal health services through— 

3 ‘‘(aa) school counselors, 

4 school social workers, school psy5 chologists, other qualified psy6 chologists, child and adolescent 

7 psychiatrists, or other qualified 

8 health or mental health profes9 sionals, such as school nurses; 

10 and 

11 ‘‘(bb) school-based mental 

12 health services partnership pro13 grams; 

14 ‘‘(VI) use innovative approaches 

15 to— 

16 ‘‘(aa) increase children’s un17 derstanding of peer and family 

18 relationships, work and self, deci19 sionmaking, or academic and ca20 reer planning; or 

21 ‘‘(bb) improve peer inter22 action; 

23 ‘‘(VII) provide counseling and 

24 mental health services in settings that 

25 meet the range of student needs; 

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1 ‘‘(VIII) include professional de2 velopment appropriate to the activities 

3 covered in this paragraph for teach4 ers, school leaders, instructional staff, 

5 and appropriate school personnel, in6 cluding training in appropriate identi7 fication and early intervention tech8 niques by school counselors, school so9 cial workers, school psychologists, 

10 other qualified psychologists, child 

11 and adolescent psychiatrists, or other 

12 qualified health professionals, such as 

13 school nurses; 

14 ‘‘(IX) ensure a team approach to 

15 school counseling and mental health 

16 services in the schools served by the 

17 local educational agency; 

18 ‘‘(X) demonstrate that the local 

19 educational agency is working to20 ward— 

21 ‘‘(aa) a 1:250 ratio of school 

22 counselors to students, as rec23 ommended by the American 

24 School Counselor Association; 

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1 ‘‘(bb) a 1:250 ratio of school 

2 social workers to students, as 

3 recommended by the School So4 cial Work Association of Amer5 ica; 

6 ‘‘(cc) a 1:700 ratio of school 

7 psychologists to students, as rec8 ommended by the National Asso9 ciation of School Psychologists; 

10 and 

11 ‘‘(dd) a 1:750 ratio of school 

12 nurses to students in the general 

13 population, a 1:225 ratio for stu14 dents requiring daily professional 

15 school nursing services, and a 

16 1:125 ratio for students with 

17 complex needs, as recommended 

18 by the National Association of 

19 School Nurses; and 

20 ‘‘(XI) ensure that school coun21 selors, school psychologists, other 

22 qualified psychologists, school social 

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1 jority of their time counseling or pro2 viding mental health services to stu3 dents or in other activities directly re4 lated to counseling or providing such 

5 services; 

6 ‘‘(C) provide training for the school per7 sonnel, health professionals (such as school 

8 nurses), and mental health professionals who 

9 will participate in the programs; and 

10 ‘‘(D) provide technical assistance and con11 sultation to school systems, mental health agen12 cies, and families participating in the programs. 

13 ‘‘(12) PROGRAMS TO PROMOTE PHYSICAL AC14 TIVITY, EDUCATION, AND FITNESS, AND NUTRI15 TION.—The term ‘programs to promote physical ac16 tivity, education, and fitness, and nutrition’ means 

17 programs that— 

18 ‘‘(A) increase and enable active student 

19 participation in physical well-being activities 

20 and provide teacher and school leader profes21 sional development to encourage and increase 

22 such participation; 

23 ‘‘(B) are comprehensive in nature; 

24 ‘‘(C) include opportunities for professional 

25 development for teachers of physical education 

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1 to stay abreast of the latest research, issues, 

2 and trends in the field of physical education; 

3 and 

4 ‘‘(D) include 1 or more of the following ac5 tivities: 

6 ‘‘(i) Fitness education and assessment 

7 to help students understand, improve, or 

8 maintain their physical well-being. 

9 ‘‘(ii) Instruction in a variety of motor 

10 skills and physical activities designed to 

11 enhance the physical, mental, social, and 

12 emotional development of every student. 

13 ‘‘(iii) Development of, and instruction 

14 in, cognitive concepts about motor skill and 

15 physical fitness that support a lifelong 

16 healthy lifestyle. 

17 ‘‘(iv) Opportunities to develop positive 

18 social and cooperative skills through phys19 ical activity. 

20 ‘‘(v) Instruction in healthy eating hab21 its and good nutrition. 

22 ‘‘(13) SCHOOL-BASED MENTAL HEALTH SERV23 ICES PARTNERSHIP PROGRAM.—The term ‘school24 based mental health services partnership program’ 

25 means a program that— 

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1 ‘‘(A) includes a public or private mental 

2 health entity or health care entity and may in3 clude a child welfare agency, family-based men4 tal health entity, family organization, trauma 

5 network, or other community-based entity; 

6 ‘‘(B) provides comprehensive school-based 

7 mental health services and supports; 

8 ‘‘(C) provides comprehensive staff develop9 ment for school and community service per10 sonnel working in the school; 

11 ‘‘(D) includes the early identification of so12 cial, emotional, or behavioral problems, or sub13 stance use disorders, and the provision of early 

14 intervening services; 

15 ‘‘(E) provides for the treatment or referral 

16 for treatment of students with social, emotional, 

17 or behavioral health problems, or substance use 

18 disorders; 

19 ‘‘(F) includes the development and imple20 mentation of programs to assist children in 

21 dealing with trauma and violence; 

22 ‘‘(G) includes the development of mecha23 nisms, based on best practices, for children to 

24 report incidents of violence or plans by other 

25 children or adults to commit violence; 

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1 ‘‘(H) is based on trauma-informed and evi2 dence-based practices; 

3 ‘‘(I) is coordinated, where appropriate, 

4 with early intervening services carried out 

5 under the Individuals with Disabilities Edu6 cation Act; and 

7 ‘‘(J) is provided by qualified mental and 

8 behavioral health professionals who are certified 

9 or licensed by the State involved and practicing 

10 within their area of expertise. 

11 ‘‘(14) SCHOOL COUNSELOR.—The term ‘school 

12 counselor’ means an individual who has documented 

13 competence in counseling children and adolescents in 

14 a school setting and who— 

15 ‘‘(A) is licensed by the State or certified by 

16 an independent professional regulatory author17 ity; 

18 ‘‘(B) in the absence of such State licensure 

19 or certification, possesses national certification 

20 in school counseling or a specialty of counseling 

21 granted by an independent professional organi22 zation; or 

23 ‘‘(C) holds a minimum of a master’s de24 gree in school counseling from a program ac25 credited by the Council for Accreditation of 

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1 Counseling and Related Educational Programs 

2 or the equivalent. 

3 ‘‘(15) SCHOOL HEALTH INDICATORS.—The 

4 term ‘school health indicators’ means a set of meas5 urements for determining the number of students 

6 seen in the school health office with, or for, social 

7 and emotional disturbances, abuse and neglect, sub8 stance use disorders, acute and chronic illness, and 

9 oral and visual health issues, (to the extent the 

10 school health office has applicable information), and 

11 the number of student deaths on school property, if 

12 any. 

13 ‘‘(16) SCHOOL NURSE.—The term ‘school 

14 nurse’ means a graduate of an accredited school of 

15 nursing program who is licensed by the State as a 

16 registered nurse. 

17 ‘‘(17) SCHOOL PSYCHOLOGIST.—The term 

18 ‘school psychologist’ means an individual who— 

19 ‘‘(A) has completed a minimum of 60 

20 graduate semester hours in school psychology 

21 from an institution of higher education and has 

22 completed 1,200 clock hours in a supervised 

23 school psychology internship, of which 600 

24 hours are in the school setting; 

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1 ‘‘(B) is licensed or certified in school psy2 chology by the State in which the individual 

3 works; or 

4 ‘‘(C) in the absence of such State licensure 

5 or certification, possesses national certification 

6 by the National School Psychology Certification 

7 Board. 

8 ‘‘(18) SCHOOL SOCIAL WORKER.—The term 

9 ‘school social worker’ means an individual who— 

10 ‘‘(A) holds a master’s degree in social work 

11 from a program accredited by the Council on 

12 Social Work Education; and 

13 ‘‘(B)(i) is licensed or certified by the State 

14 in which services are provided; or 

15 ‘‘(ii) in the absence of such State licensure 

16 or certification, possesses a national credential 

17 or certification as a school social work specialist 

18 granted by an independent professional organi19 zation. 

20 ‘‘SEC. 4403. ALLOCATION OF FUNDS. 

21 ‘‘From amounts made available to carry out this part, 

22 the Secretary shall allocate— 

23 ‘‘(1) in each year for which funding is made 

24 available to carry out this part, not more than 2 permstockstill on DSK4VPTVN1PROD with BILLS

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1 cent of such amounts for technical assistance and 

2 evaluation; 

3 ‘‘(2) for the first 3 years for which funding is 

4 made available to carry out this part— 

5 ‘‘(A) except as provided in subparagraph 

6 (B)— 

7 ‘‘(i) not more than 30 percent of such 

8 amounts or $30,000,000, whichever 

9 amount is more, for State conditions for 

10 learning measurement systems grants, dis11 tributed to every State (by an application 

12 process consistent with section 4404(d)) in 

13 an amount proportional to each State’s 

14 share of funding under part A of title I, to 

15 develop or improve the State’s conditions 

16 for learning measurement system described 

17 in section 4404(h), and to conduct a needs 

18 analysis to meet the requirements of sec19 tion 4404(d)(2)(D); and 

20 ‘‘(ii) not more than 68 percent of such 

21 amounts for Successful, Safe, and Healthy 

22 Students State Grants under section 4404; 

23 and 

24 ‘‘(B) for any fiscal year for which the 

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1 served under paragraph (1) is less than 

2 $30,000,000, all of such remainder for the 

3 State conditions for learning measurement sys4 tems grants described in subparagraph (A)(i); 

5 and 

6 ‘‘(3) for the fourth year and each subsequent 

7 year for which funding is made available to carry 

8 out this part, not less than 98 percent of such 

9 amounts for Successful, Safe, and Healthy Students 

10 State Grants under section 4404. 

11 ‘‘SEC. 4404. SUCCESSFUL, SAFE, AND HEALTHY STUDENTS 

12 STATE GRANTS. 

13 ‘‘(a) PURPOSE.—The purpose of this section is to 

14 provide funding to eligible States to implement com15 prehensive programs that— 

16 ‘‘(1) address conditions for learning in schools 

17 in the State; and 

18 ‘‘(2) are based on— 

19 ‘‘(A) scientifically valid research; and 

20 ‘‘(B) an analysis of need that considers, at 

21 a minimum, the indicators in the State’s condi22 tions for learning measurement system de23 scribed in subsection (h). 

24 ‘‘(b) STATE GRANTS.— 

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1 ‘‘(1) IN GENERAL.—From amounts allocated 

2 under section 4403 for Successful, Safe, and 

3 Healthy Students State Grants, the Secretary shall 

4 award grants to eligible States to carry out the pur5 pose of this section. 

6 ‘‘(2) AWARDS TO STATES.— 

7 ‘‘(A) FORMULA GRANTS.—Except as pro8 vided in subparagraph (B), if the total amount 

9 allocated under section 4403 for Successful, 

10 Safe, and Healthy Students State Grants for a 

11 fiscal year is $500,000,000 or greater, the Sec12 retary shall allot to each State that meets the 

13 eligibility requirements of subsection (c) with an 

14 approved application an amount that bears the 

15 same relationship to such total amount as the 

16 amount received under part A of title I by such 

17 eligible State for the preceding fiscal year bears 

18 to the amount received under such part for the 

19 preceding fiscal year by all eligible States. 

20 ‘‘(B) MINIMUM STATE ALLOTMENT.— 

21 ‘‘(i) IN GENERAL.—No State receiving 

22 an allotment under subparagraph (A) may 

23 receive less than one-half of 1 percent of 

24 the total amount allotted under such sub25 paragraph. 

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1 ‘‘(ii) PUERTO RICO.—The amount al2 lotted under subparagraph (A) to the Com3 monwealth of Puerto Rico for a fiscal year 

4 may not exceed one-half of 1 percent of the 

5 total amount allotted under such subpara6 graph for such fiscal year. 

7 ‘‘(C) COMPETITIVE GRANTS.— 

8 ‘‘(i) IN GENERAL.—If the total 

9 amount allocated under section 4403 for 

10 Successful, Safe, and Healthy Students 

11 State Grants for a fiscal year is less than 

12 $500,000,000, the Secretary shall award 

13 grants under this section to States that 

14 meet the eligibility requirements of sub15 section (c) on a competitive basis. 

16 ‘‘(ii) SUFFICIENT SIZE AND SCOPE.— 

17 In awarding grants on a competitive basis 

18 pursuant to clause (i), the Secretary shall 

19 ensure that grant awards are of sufficient 

20 size and scope to carry out required and 

21 approved activities under this section. 

22 ‘‘(c) ELIGIBILITY.—To be eligible to receive a grant 

23 under this section, a State shall demonstrate to the Sec24 retary that the State has— 

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1 ‘‘(1) established a statewide physical education 

2 requirement that is consistent with widely recognized 

3 standards; and 

4 ‘‘(2) required all local educational agencies in 

5 the State to— 

6 ‘‘(A) establish policies that prevent and 

7 prohibit harassment in schools; and 

8 ‘‘(B) provide— 

9 ‘‘(i) annual notice to parents, stu10 dents, and educational professionals de11 scribing the full range of prohibited con12 duct contained in such local educational 

13 agency’s discipline policies; and 

14 ‘‘(ii) grievance procedures for students 

15 or parents to register complaints regarding 

16 the prohibited conduct contained in such 

17 local educational agency’s discipline poli18 cies, including— 

19 ‘‘(I) the name of the local edu20 cational agency official who is des21 ignated as responsible for receiving 

22 such complaints; and 

23 ‘‘(II) timelines that the local edu24 cational agency will follow in the reso25 lution of such complaints. 

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1 ‘‘(d) APPLICATIONS.— 

2 ‘‘(1) IN GENERAL.—A State that desires to re3 ceive a grant under this section shall submit an ap4 plication at such time, in such manner, and con5 taining such information as the Secretary may re6 quire. 

7 ‘‘(2) CONTENT OF APPLICATION.—At a min8 imum, the application shall include— 

9 ‘‘(A) documentation of the State’s eligi10 bility to receive a grant under this section, as 

11 described in subsection (c); 

12 ‘‘(B) an assurance that the policies used to 

13 prohibit harassment in schools that are required 

14 under subsection (c)(2)(A) emphasize alter15 natives to school suspension that minimize stu16 dents’ removal from grade-level instruction, pro17 mote mental health, and only allow out-of18 school punishments in severe or persistent 

19 cases; 

20 ‘‘(C) a plan for improving conditions for 

21 learning in schools in the State in a manner 

22 consistent with the requirements of this part 

23 that may be a part of a broader statewide child 

24 and youth plan, if such a plan exists and is con25 sistent with the requirements of this part; 

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1 ‘‘(D) a needs analysis of the conditions for 

2 learning in schools in the State, which— 

3 ‘‘(i) shall include a description of, and 

4 data measuring, the State’s conditions for 

5 learning; and 

6 ‘‘(ii) may be a part of a broader state7 wide child and youth needs analysis, if 

8 such an analysis exists and is consistent 

9 with the requirements of this part; 

10 ‘‘(E) a description of how the activities the 

11 State proposes to implement with grant funds 

12 are responsive to the results of the needs anal13 ysis described in subparagraph (D); and 

14 ‘‘(F) a description of how the State will— 

15 ‘‘(i) develop, adopt, adapt, or improve 

16 and implement the State’s conditions for 

17 learning measurement system and how the 

18 State will ensure that all local educational 

19 agencies and schools in the State partici20 pate in such system; 

21 ‘‘(ii) ensure the quality and validity of 

22 the State’s conditions for learning data col23 lection, including the State’s plan for sur24 vey administration as required under submstockstill on DSK4VPTVN1PROD with BILLS

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1 section (h)(2)(A) and for ensuring the reli2 ability and validity of survey instruments; 

3 ‘‘(iii) coordinate the proposed activi4 ties with other Federal and State pro5 grams, including programs funded under 

6 this part, which may include programs to 

7 expand learning time and for before- and 

8 after-school programming in order to pro9 vide sufficient time to carry out activities 

10 described in this part; 

11 ‘‘(iv) assist local educational agencies 

12 to align activities with funds the agencies 

13 receive under the program with other fund14 ing sources in order to support a coherent 

15 and nonduplicative program; 

16 ‘‘(v) solicit and approve subgrant ap17 plications, including how the State will— 

18 ‘‘(I) allocate funds for statewide 

19 activities and subgrants for each year 

20 of the grant, consistent with allocation 

21 requirements under subsection (i)(2); 

22 and 

23 ‘‘(II) consider the results of the 

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1 graph (D) in the State’s distribution 

2 of subgrants; 

3 ‘‘(vi) address the needs of diverse geo4 graphic areas in the State, including rural 

5 and urban communities; 

6 ‘‘(vii) provide assistance to local edu7 cational agencies and schools in their ef8 forts to prevent and appropriately respond 

9 to incidents of harassment, including build10 ing the capacity of such agencies and 

11 schools to educate family and community 

12 members regarding the agencies’ and 

13 schools’ respective roles in preventing and 

14 responding to such incidents; 

15 ‘‘(viii) provide assistance to local edu16 cational agencies and schools in their ef17 forts to implement positive, preventative 

18 approaches to school discipline, such as 

19 schoolwide positive behavior supports and 

20 interventions and restorative justice, that 

21 improve student engagement while mini22 mizing students’ removal from instruction 

23 and reducing the frequency of discipline in24 fractions and disciplinary disparities 

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1 among the subgroups of students described 

2 in section 1116(b)(2)(B); 

3 ‘‘(ix) provide assistance to local edu4 cational agencies and schools in their ef5 forts to increase the provision of physical 

6 activity and physical education opportuni7 ties during the school day and implement 

8 programs to promote physical activity, edu9 cation, and fitness, and nutrition; and 

10 ‘‘(x) provide assistance to local edu11 cational agencies and schools in their ef12 forts to improve access to State-licensed or 

13 State-certified school counselors, school 

14 psychologists, and school social workers or 

15 other State-licensed or State-certified men16 tal health professional qualified under 

17 State law to provide mental health services 

18 to students in schools. 

19 ‘‘(3) REVIEW PROCESS.—The Secretary shall 

20 establish a peer review process to review applications 

21 submitted under this subsection. 

22 ‘‘(e) DURATION.— 

23 ‘‘(1) IN GENERAL.—A State that receives a 

24 grant under this section may receive funding for not 

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1 more than 5 years in accordance with this sub2 section. 

3 ‘‘(2) INITIAL PERIOD.—The Secretary shall 

4 award grants under this section for an initial period 

5 of not more than 3 years. 

6 ‘‘(3) GRANT EXTENSION.—The Secretary may 

7 extend a grant awarded to a State under this section 

8 for not more than an additional 2 years if the State 

9 shows sufficient improvement, as determined by the 

10 Secretary, against baseline data for the performance 

11 metrics established under subsection (j). 

12 ‘‘(f) RESERVATION AND USE OF FUNDS.—A State 

13 that receives a grant under this section shall— 

14 ‘‘(1) reserve not more than 10 percent of the 

15 grant funds for administration of the program, tech16 nical assistance, and the development, improvement, 

17 and implementation of the State’s conditions for 

18 learning measurement system, as described in sub19 section (h); and 

20 ‘‘(2) use the remainder of grant funds after 

21 making the reservation under paragraph (1) to 

22 award subgrants, on a competitive basis, to eligible 

23 local applicants. 

24 ‘‘(g) REQUIRED STATE ACTIVITIES.—A State that 

25 receives a grant under this section shall— 

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1 ‘‘(1) not later than 1 year after receipt of the 

2 grant, develop, adapt, improve, or adopt and imple3 ment the statewide conditions for learning measure4 ment system described in subsection (h) (unless the 

5 State can demonstrate, to the satisfaction of the 

6 Secretary, that an appropriate system has already 

7 been implemented) that annually measures the 

8 State’s progress in the conditions for learning for 

9 every public school in the State; 

10 ‘‘(2) collect information in each year of the 

11 grant on the conditions for learning at the school12 building level through comprehensive needs assess13 ments of student, school staff, and family percep14 tions, experiences, and behaviors; 

15 ‘‘(3) collect annual incident data at the school16 building level that are accurate and complete; 

17 ‘‘(4) publicly report, at the local educational 

18 agency and school level, the data collected in the 

19 State’s conditions for learning measurement system, 

20 described in subsection (h), each year in a timely 

21 and highly accessible manner, and in a manner that 

22 does not reveal personally identifiable information; 

23 ‘‘(5) use, on a continuous basis, the results of 

24 the data collected in the State’s conditions for learn25 ing measurement system to— 

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1 ‘‘(A) identify and address conditions for 

2 learning statewide; 

3 ‘‘(B) help subgrantees identify and address 

4 school and student needs; and 

5 ‘‘(C) provide individualized assistance to 

6 low-performing schools identified under section 

7 1116 and schools with significant conditions for 

8 learning weaknesses; 

9 ‘‘(6) encourage local educational agencies to— 

10 ‘‘(A) integrate physical activity, education, 

11 and fitness into a range of subjects throughout 

12 the school day and locations within schools; 

13 ‘‘(B) encourage consultation with a variety 

14 of stakeholders, including families, students, 

15 school officials, and other organizations with 

16 wellness and physical activity, education, and 

17 fitness expertise; and 

18 ‘‘(C) regularly monitor schools’ efforts in 

19 improving wellness and physical activity, edu20 cation, and fitness understanding and habits 

21 among students; 

22 ‘‘(7) encourage local educational agencies to— 

23 ‘‘(A) integrate healthy eating and nutrition 

24 education into various times of the school day 

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1 sultation with a variety of stakeholders, includ2 ing families, students, school officials, and other 

3 organizations with nutrition education exper4 tise; and 

5 ‘‘(B) regularly monitor schools’ efforts in 

6 improving nutrition understanding and healthy 

7 eating among students; 

8 ‘‘(8) encourage local educational agencies to im9 plement programs that expand student access to 

10 State-licensed or State-certified school counselors, 

11 school psychologists, and school social workers or 

12 other State-licensed or State-certified mental health 

13 professional that are qualified under State law to 

14 provide mental health services to students in schools; 

15 ‘‘(9) award subgrants, consistent with sub16 section (i), to eligible local applicants; and 

17 ‘‘(10) monitor subgrants and provide technical 

18 assistance to subgrantees on the implementation of 

19 grant activities. 

20 ‘‘(h) CONDITIONS FOR LEARNING MEASUREMENT

21 SYSTEM.— 

22 ‘‘(1) IN GENERAL.—Each State that receives a 

23 grant under this part shall establish a State report24 ing and information system that measures conditions 

25 for learning in the State and is part of the State’s 

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1 system for reporting the data required under section 

2 1111 and part of any State longitudinal data system 

3 that links statewide elementary and secondary data 

4 systems with early childhood, postsecondary, and 

5 workforce data systems. 

6 ‘‘(2) SYSTEM ACTIVITIES.—The State reporting 

7 and information system described in paragraph (1) 

8 shall— 

9 ‘‘(A) contain, at a minimum, data from 

10 valid and reliable surveys of students and staff 

11 and the indicators in subparagraph (B) that 

12 allow staff at the State, local educational agen13 cies, and schools to examine and improve 

14 school-level conditions for learning; 

15 ‘‘(B) collect school-level data on— 

16 ‘‘(i) physical education indicators, as 

17 applicable; 

18 ‘‘(ii) individual student attendance 

19 and truancy; 

20 ‘‘(iii) in-school suspensions, out-of21 school suspensions, expulsions, referrals to 

22 law enforcement, school-based arrests, and 

23 disciplinary transfers (including place24 ments in alternative schools) by student; 

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1 ‘‘(iv) the frequency, seriousness, and 

2 incidence of violence and drug-related of3 fenses resulting in disciplinary action in el4 ementary schools and secondary schools in 

5 the State; 

6 ‘‘(v) the incidence and prevalence, age 

7 of onset, perception of and actual health 

8 risk, and perception of social disapproval 

9 of drug use and violence, including harass10 ment, by youth and school personnel in 

11 schools and communities; 

12 ‘‘(vi) school health indicators, includ13 ing acute and chronic physical, mental, 

14 and emotional health care needs; and 

15 ‘‘(vii) student access to State-licensed 

16 or State-certified school counselors, school 

17 psychologists, and school social workers or 

18 other State-licensed or State-certified men19 tal health professional qualified under 

20 State law to provide such services to stu21 dents in schools, including staff-to-student 

22 ratios; 

23 ‘‘(C) collect and report data, including, at 

24 a minimum, the data described in clauses (ii), 

25 (iii), and (v) of subparagraph (B), in the aggremstockstill on DSK4VPTVN1PROD with BILLS

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1 gate and disaggregated by the categories of 

2 race, ethnicity, gender, disability status, mi3 grant status, English proficiency, and status as 

4 economically disadvantaged, and cross-tabulated 

5 across all of such categories by gender and by 

6 disability; 

7 ‘‘(D) protect student privacy, consistent 

8 with applicable data privacy laws and regula9 tions, including section 444 of the General Edu10 cation Provisions Act (20 U.S.C. 1232g, com11 monly known as the ‘Family Educational 

12 Rights and Privacy Act of 1974’); and 

13 ‘‘(E) to the extent practicable, utilize a 

14 web-based reporting system. 

15 ‘‘(3) COMPILING STATISTICS.—In compiling the 

16 statistics required to measure conditions for learning 

17 in the State— 

18 ‘‘(A) the offenses described in paragraph 

19 (2)(B)(iv) shall be defined pursuant to the 

20 State’s criminal code, and aligned to the extent 

21 practicable, with the Federal Bureau of Inves22 tigation’s Uniform Crime Reports categories, 

23 but shall not identify victims of crimes or per24 sons accused of crimes; and the collected data 

25 shall include incident reports by school officials, 

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1 anonymous student surveys, and anonymous 

2 teacher surveys; 

3 ‘‘(B) the performance metrics that are es4 tablished under subsection (j) shall be collected 

5 and the performance on such metrics shall be 

6 defined and reported uniformly statewide; 

7 ‘‘(C) the State shall collect, analyze, and 

8 use the data under subparagraph (2)(B) at 

9 least annually; and 

10 ‘‘(D) grant recipients and subgrant recipi11 ents shall use the data for planning and contin12 uous improvement of activities implemented 

13 under this part, and may collect data for indi14 cators that are locally defined, and that are not 

15 reported to the State, to meet local needs (so 

16 long as such indicators are aligned with the 

17 conditions for learning). 

18 ‘‘(i) SUBGRANTS.— 

19 ‘‘(1) IN GENERAL.— 

20 ‘‘(A) AWARDING OF SUBGRANTS.—A State 

21 that receives a grant under this section shall 

22 award subgrants, on a competitive basis, to eli23 gible local applicants— 

24 ‘‘(i) based on need as identified by— 

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1 ‘‘(I) the State’s conditions for 

2 learning measurement system de3 scribed in subsection (h); or 

4 ‘‘(II) in the case of a State for 

5 which the learning measurement sys6 tem described in subsection (h) is not 

7 yet implemented, other data deter8 mined appropriate by the State; 

9 ‘‘(ii) that are of sufficient size and 

10 scope to enable the eligible local applicants 

11 to carry out approved activities; and 

12 ‘‘(iii) to implement programs that— 

13 ‘‘(I) are comprehensive in nature; 

14 ‘‘(II) are based on scientifically 

15 valid research; 

16 ‘‘(III) are consistent with achiev17 ing the conditions for learning for the 

18 State; and 

19 ‘‘(IV) address 1 or more of the 

20 uses described in clauses (i) through 

21 (iii) of paragraph (2)(A). 

22 ‘‘(B) ASSISTANCE.—A State that receives 

23 a grant under this section shall provide assist24 ance to subgrant applicants and recipients in 

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1 the selection of scientifically valid programs and 

2 interventions. 

3 ‘‘(C) PARTNERSHIPS ALLOWED.—An eligi4 ble local applicant may apply for a subgrant 

5 under this subsection in partnership with 1 or 

6 more community-based organizations. 

7 ‘‘(2) ALLOCATION.— 

8 ‘‘(A) IN GENERAL.—In awarding sub9 grants under this section, each State shall en10 sure that, for the aggregate of all subgrants 

11 awarded by the State— 

12 ‘‘(i) not less than 20 percent of 

13 subgrant funds are used to carry out drug 

14 and violence prevention; 

15 ‘‘(ii) not less than 20 percent of 

16 subgrant funds are used to carry out pro17 grams to promote mental health; and 

18 ‘‘(iii) not less than 20 percent of 

19 subgrant funds are used to carry out pro20 grams to promote physical activity, edu21 cation, and fitness, and nutrition. 

22 ‘‘(B) RULE OF CONSTRUCTION.—Nothing 

23 in this paragraph shall be construed to require 

24 States, in making subgrants to eligible local ap25 plicants, to require the eligible local applicants 

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1 to use 20 percent of subgrant funds for each of 

2 the uses described in clauses (i) through (iii) of 

3 subparagraph (A). 

4 ‘‘(3) APPLICATIONS.—An eligible local applicant 

5 that desires to receive a subgrant under this sub6 section shall submit to the State an application at 

7 such time, in such manner, and containing such in8 formation as the State may require. 

9 ‘‘(4) PRIORITY.—In awarding subgrants under 

10 this subsection, a State shall give priority to applica11 tions that— 

12 ‘‘(A) demonstrate the greatest need, ac13 cording to the results of the State’s conditions 

14 for learning surveys described in subsection 

15 (h)(2); and 

16 ‘‘(B) propose to serve schools with the 

17 highest concentrations of poverty, based on the 

18 percentage of students receiving or are eligible 

19 to receive a free or reduced price lunch under 

20 the Richard B. Russell National School Lunch 

21 Act (42 U.S.C. 1751 et seq.). 

22 ‘‘(5) ACTIVITIES OF SUBGRANT RECIPIENTS.— 

23 Each recipient of a subgrant under this subsection 

24 shall, for the duration of the subgrant— 

25 ‘‘(A) carry out activities— 

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1 ‘‘(i) the need for which has been iden2 tified— 

3 ‘‘(I) at a minimum, through the 

4 State’s conditions for learning meas5 urement system described in sub6 section (h); or 

7 ‘‘(II) in the case of a State that 

8 has not yet implemented the learning 

9 measurement system described in sub10 section (h), through the State’s needs 

11 analysis described in subsection 

12 (d)(2)(D); 

13 ‘‘(ii) that are part of a comprehensive 

14 strategy or framework to address such 

15 need; and 

16 ‘‘(iii) that include 1 or more of the 

17 following— 

18 ‘‘(I) drug and violence preven19 tion; 

20 ‘‘(II) programs to promote men21 tal health; or 

22 ‘‘(III) programs to promote phys23 ical activity, education, and fitness, 

24 and nutrition; 

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1 ‘‘(B) ensure that each framework, inter2 vention, or program selected be based on sci3 entifically valid research and be used for the 

4 purpose for which such framework, interven5 tion, or program was found to be effective; 

6 ‘‘(C) use school-level data from the State’s 

7 conditions for learning measurement system de8 scribed in subsection (h), to inform the imple9 mentation and continuous improvement of ac10 tivities carried out under this part; 

11 ‘‘(D) use data from the statewide condi12 tions for learning measurement system to iden13 tify challenges outside of school or off school 

14 grounds (including the need for safe passages 

15 for students to and from school), and collabo16 rate with 1 or more community-based organiza17 tion to address such challenges; 

18 ‘‘(E) collect, and report to the State edu19 cational agency, data for schools served by the 

20 subgrant recipient, in a manner consistent with 

21 the State’s conditions for learning measurement 

22 system described in subsection (h); 

23 ‘‘(F) establish policies to expand access to 

24 quality physical activity opportunities, including 

25 local school wellness policies; 

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1 ‘‘(G) if the local educational agency to be 

2 served through the grant does not have an ac3 tive school wellness council consistent with the 

4 requirements of the Child Nutrition Act of 

5 1966 (42 U.S.C. 1771 et seq.), establish such 

6 a school wellness council, which may be part of 

7 an existing school council that has the capacity 

8 and willingness to address school wellness; 

9 ‘‘(H) engage family members and commu10 nity-based organizations in the development of 

11 conditions for learning surveys, and in the plan12 ning, implementation, and review of the 

13 subgrant recipient’s efforts under this part; 

14 ‘‘(I) consider and accommodate the unique 

15 needs of students with disabilities and English 

16 learners in implementing activities; and 

17 ‘‘(J) establish policies to expand access to 

18 quality counseling and mental health programs 

19 and services. 

20 ‘‘(j) ACCOUNTABILITY.— 

21 ‘‘(1) ESTABLISHMENT OF PERFORMANCE

22 METRICS.—The Secretary, acting through the Direc23 tor of the Institute of Education Sciences, shall es24 tablish program performance metrics to measure the 

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1 effectiveness of the activities carried out under this 

2 part. 

3 ‘‘(2) ANNUAL REPORT.—Each State that re4 ceives a grant under this part shall prepare and sub5 mit an annual report to the Secretary, which shall 

6 include information relevant to the conditions for 

7 learning, including progress toward meeting out8 comes for the metrics established under paragraph 

9 (1). 

10 ‘‘(k) EVALUATION.—From the amount reserved in 

11 accordance with section 9601, the Secretary, acting 

12 through the Director of the Institute of Education 

13 Sciences, shall conduct an evaluation of the impact of the 

14 practices funded or disseminated under this section. 

15 ‘‘SEC. 4405. TECHNICAL ASSISTANCE. 

16 ‘‘From the amount allocated under section 4403(3), 

17 the Secretary shall provide technical assistance to appli18 cants, recipients, and subgrant recipients of the programs 

19 funded under this part. 

20 ‘‘SEC. 4406. FEDERAL AND STATE NONDISCRIMINATION 

21 LAWS. 

22 ‘‘Nothing in this part shall be construed to invalidate 

23 or limit nondiscrimination principles or rights, remedies, 

24 procedures, or legal standards available to victims of dis25 crimination under any other Federal law or law of a State 

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1 or political subdivision of a State, including title VI of the 

2 Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title 

3 IX of the Education Amendments of 1972 (20 U.S.C. 

4 1681 et seq.), section 504 or 505 of the Rehabilitation 

5 Act of 1973 (29 U.S.C. 794 and 794a), or the Americans 

6 with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). 

7 The obligations imposed by this part are in addition to 

8 those imposed by title VI of the Civil Rights Act of 1964 

9 (42 U.S.C. 2000d et seq.), title IX of the Education 

10 Amendments of 1972 (20 U.S.C. 1681 et seq.), section 

11 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), 

12 and the Americans with Disabilities Act of 1990 (42 

13 U.S.C. 12101 et seq.). 

14 ‘‘SEC. 4407. AUTHORIZATION OF APPROPRIATIONS. 

15 ‘‘There are authorized to be appropriated to carry out 

16 this part such sums as may be necessary for fiscal year 

17 2014 and each of the 4 succeeding fiscal years.’’. 

18 SEC. 3. TABLE OF CONTENTS. 

19 The table of contents in section 2 of the Elementary 

20 and Secondary Education Act of 1965 is amended by in21 serting after the item relating to section 4304 the fol22 lowing: 

‘‘PART D—SUCCESSFUL, SAFE, AND HEALTHY STUDENTS

‘‘Sec. 4401. Purpose. 

‘‘Sec. 4402. Definitions. 

‘‘Sec. 4403. Allocation of funds. 

‘‘Sec. 4404. Successful, safe, and healthy students State grants. 

‘‘Sec. 4405. Technical assistance. 

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‘‘Sec. 4406. Federal and State nondiscrimination laws. 

‘‘Sec. 4407. Authorization of appropriations.’’. 

Æ 

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