I 

111TH CONGRESS 

2D SESSION H. R. 6362 

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

school safety. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2010 

Mrs. MCCARTHY of New York introduced the following bill; which was 

referred to the Committee on Education and Labor 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965 to improve school safety. 

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 ‘‘Safe Schools Against 

5 Violence in Education Act’’ or the ‘‘SAVE Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The Secretary of Education reports that 

9 from 2003 to 2009 there have never been more than 


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1 47 schools in the entire Nation reported annually as 

2 persistently dangerous. 

3 (2) The Office of the New York State Comp4 troller’s May 2006 report found that at schools sam5 pled for this report more than 80 percent of the doc6 umented incidents were not reported to the State, 

7 and in a number of instances the most serious types 

8 of incidents, such as sexual offenses and incidents 

9 involving the use of a weapon, were unreported. 

10 (3) In December 2009, the National Center for 

11 Education Statistics and the Bureau of Justice Sta12 tistics released a joint report that contains the most 

13 recent data, based on self-reported information and 

14 surveys, available on crime and student safety, titled 

15 ‘‘Indicators of School Crime and Safety: 2009’’ (the 

16 ‘‘Indicators’’ report). 

17 (4) According to the ‘‘Indicators’’ report, in the 

18 2007–2008 school year, there were an estimated 

19 55,700,000 students in pre-kindergarten through 

20 grade 12. The report shows that among youth ages 

21 5 to 18, there were 43 school-associated violent 

22 deaths from July 1, 2007, through June 30, 2008. 

23 In 2007, among students ages 12 to 18, there were 

24 about 1.5 million victims of nonfatal crimes at 


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1 school, including 826,800 thefts and 684,100 violent 

2 crimes (simple assault and serious violent crime). 

3 (5) In 2007, 10 percent of male students in 

4 grade 9 through grade 12 reported being threatened 

5 or injured with a weapon on school property in the 

6 past year, compared to 5 percent of female students. 

7 (6) The ‘‘Indicators’’ report states that in 

8 2007, 5 percent of students ages 12 to 18 reported 

9 that they had been afraid of attack at school. 

10 (7) The ‘‘Indicators’’ report states in 2007, 32 

11 percent of students ages 12 to 18 reported having 

12 been bullied in schools during the school year. 

13 (8) The National Incident-Based Reporting 

14 System (NIBRS) was developed by the Federal Bu15 reau of Investigation as part of the Uniform Crime 

16 Reporting (UCR) Program. NIBRS currently col17 lects data on all reported incidents of crime, includ18 ing crime occurring at school. 

19 (9) Accurate data is important to meet the edu20 cational goal of safe climate for academic achieve21 ment. Accurate data enables administrators to as22 sess the impact of programs that have been imple23 mented to promote school safety and to assess 

24 whether additional efforts are needed. 


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1 (10) Students involved in bullying are at a sig2 nificant risk of experiencing a wide spectrum of psy3 chosomatic symptoms, running away from home, al4 cohol and drug abuse, absenteeism and, above all, 

5 self-inflicted, accidental or perpetrated injuries. 

6 (11) Unlike traditional forms of bullying, youth 

7 who are the targets of cyberbullying at school are at 

8 greater risk for depression than are the youth who 

9 bully them, according to a survey conducted by re10 searchers at the National Institutes of Health. 

11 SEC. 4. SCHOOL SAFETY CHOICE OPTION. 

12 (a) IN GENERAL.—Section 9532 of the Elementary 

13 and Secondary Education Act of 1965 (20 U.S.C. 7912) 

14 is amended to read as follows: 

15 ‘‘SEC. 9532. SAFE SCHOOL CLIMATE. 

16 ‘‘(a) STATE POLICIES AND REPORT.— 

17 ‘‘(1) IN GENERAL.—As a condition of receiving 

18 funds under part A of title I, a State shall— 

19 ‘‘(A) establish and implement— 

20 ‘‘(i) a statewide policy requiring 

21 that— 

22 ‘‘(I) a student described in para23 graph (2) be allowed to attend a pub24 lic elementary school or secondary 

25 school (including a public charter 


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1 school) within a local educational 

2 agency under the jurisdiction of the 

3 State that has a safe climate for aca4 demic achievement; and 

5 ‘‘(II) determinations with respect 

6 to which public elementary schools 

7 and secondary schools in the State do 

8 not have a safe climate for academic 

9 achievement are made in accordance 

10 with subsection (b); and 

11 ‘‘(ii) a statewide policy with respect to 

12 offenders described in paragraph (3); and 

13 ‘‘(B) report to the Secretary, on an annual 

14 basis— 

15 ‘‘(i) the number of schools determined 

16 by the State to not have a safe climate for 

17 academic achievement; 

18 ‘‘(ii) the number of students who have 

19 transferred from such schools; and 

20 ‘‘(iii) the number of offenders who 

21 have been removed from school pursuant 

22 to this section. 

23 ‘‘(2) DESCRIPTION OF STUDENT.—A student 

24 described in this paragraph is a student— 


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1 ‘‘(A) who is attending a public elementary 

2 school or secondary school that does not have a 

3 safe climate for academic achievement, as deter4 mined by the State in accordance with sub5 section (b); or 

6 ‘‘(B) who becomes a victim of a violent 

7 criminal offense, as determined by State law— 

8 ‘‘(i) while in or on the grounds of a 

9 public elementary school or secondary 

10 school that the student attends; 

11 ‘‘(ii) at a school event or activity 

12 under the control and supervision of such 

13 school; or 

14 ‘‘(iii) on a school bus under the con15 trol and supervision of such school. 

16 ‘‘(3) POLICIES WITH RESPECT TO OFFEND17 ERS.—A State policy with respect to offenders 

18 shall— 

19 ‘‘(A) permit a public elementary or sec20 ondary school in which a violent criminal of21 fense described in paragraph (2)(B) occurs or, 

22 in a case in which such offense did not occur 

23 in or on school grounds, a public elementary 

24 school or secondary school that had control and 

25 supervision over the event or activity or on the 


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1 school bus where such offense occurred, to pro2 vide appropriate counseling and educational 

3 services to the offender of the offense in an al4 ternative setting if removal of the offender from 

5 the school is determined to be appropriate by 

6 the school; and 

7 ‘‘(B) require that a school described in 

8 subparagraph (A) that knows that an offender 

9 of a violent criminal offense described in para10 graph (2)(B) is returning to the school notify, 

11 as soon as practicable prior to the offender’s re12 turn to the school, the parents of each victim 

13 of the offense committed by the offender that 

14 the offender is returning to the school. 

15 ‘‘(b) DETERMINATIONS OF SAFE CLIMATE.— 

16 ‘‘(1) IN GENERAL.—A State policy with respect 

17 to determining which public elementary schools and 

18 secondary schools in the State do not have a safe cli19 mate for academic achievement shall require that— 

20 ‘‘(A) a State make such determinations— 

21 ‘‘(i) by consulting with— 

22 ‘‘(I) a representative sample of 

23 local educational agencies, parent 

24 groups, and local law enforcement 

25 agencies; or 


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1 ‘‘(II) other experts in the area of 

2 school safety; 

3 ‘‘(ii) based, at a minimum, on school 

4 crime statistics and data— 

5 ‘‘(I) collected by the State pursu6 ant to section 4141 and under sub7 section (c) of this section; and 

8 ‘‘(II) made available by the Fed9 eral Bureau of Investigation pursuant 

10 to subsection (d); and 

11 ‘‘(iii) in time to permit a local edu12 cational agency to allow a student enrolled 

13 in a school that does not have a safe cli14 mate for academic achievement to instead 

15 enroll, at least 45 days before the start of 

16 the school year, at a school with a safe cli17 mate for academic achievement; 

18 ‘‘(B) after making determinations in ac19 cordance with subparagraph (A), the State 

20 shall— 

21 ‘‘(i) notify each local educational 

22 agency in the State serving schools that 

23 are determined to not have a safe climate 

24 for academic achievement of such schools; 

25 and 


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1 ‘‘(ii) require that within a week of re2 ceiving notice under clause (i), a local edu3 cational agency shall provide to the parent 

4 of each student enrolled in each such 

5 school, a notice of the determination with 

6 respect to the school that meets the re7 quirements of paragraph (2); and 

8 ‘‘(C) a school determined under this para9 graph to not have a safe climate for academic 

10 achievement develop, in consultation with par11 ents, students, school employees, local law en12 forcement, representatives of local public health 

13 and mental health agencies, and experts in 

14 school safety, an intervention plan to create a 

15 safer school environment that is based on an 

16 analysis of the data and school crime statistics 

17 with respect to such school— 

18 ‘‘(i) collected by the State under sec19 tion 4141 and subsection (c) of this sec20 tion; and 

21 ‘‘(ii) made available by the Federal 

22 Bureau of Investigation pursuant to sub23 section (d). 

24 ‘‘(2) FORM OF NOTICE.—A notice to a parent 

25 under paragraph (1)(B)(ii) shall— 


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1 ‘‘(A) describe the determination with re2 spect to the school in which the child of the 

3 parent is enrolled and explain that, by reason of 

4 the determination and pursuant to subsection 

5 (a)(1)(A)(i), the child may attend a school that 

6 has a safe climate for academic achievement 

7 within the local educational agency; and 

8 ‘‘(B) be written in an understandable and 

9 uniform format and, to the extent practicable, 

10 in a language that the parent can understand. 

11 ‘‘(c) COLLECTION OF RELEVANT INFORMATION AND

12 SCHOOL CRIME STATISTICS.— 

13 ‘‘(1) IN GENERAL.—As a condition of receiving 

14 funds under part A of title I, a State shall— 

15 ‘‘(A) collect the data described in para16 graph (2) for use in determinations of whether 

17 a school has a safe climate for academic 

18 achievement for purposes of subsection 

19 (a)(1)(A)(i); and 

20 ‘‘(B) not later than 1 year after the first 

21 time information is collected under subpara22 graph (A) and annually thereafter— 

23 ‘‘(i) prepare, publish, and distribute, 

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1 net, to all students enrolled in a public ele2 mentary school or secondary school in the 

3 State, the families of such students, and 

4 school staff, an annual report containing, 

5 at a minimum, the school crime statistics 

6 collected under paragraph (2)(G); and 

7 ‘‘(ii) submit to the Secretary such sta8 tistics. 

9 ‘‘(2) DESCRIPTION OF DATA.—The data de10 scribed in this paragraph include— 

11 ‘‘(A) truancy rates with respect to each 

12 public elementary school and secondary school 

13 in the State; 

14 ‘‘(B) the frequency, seriousness, and inci15 dence of bullying, cyberbullying, violence, and 

16 drug-related offenses, at— 

17 ‘‘(i) any event or activity under the 

18 control and supervision of an public ele19 mentary school or secondary school in the 

20 State; or 

21 ‘‘(ii) on school buses under the control 

22 and supervision of any such school or the 

23 State; 

24 ‘‘(C) suspension rates for 1 day or more, 

25 including in-school suspensions, and expulsion 


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1 rates, desegregated by the categories described 

2 in section 1111(b)(3)(C)(viii), with respect to 

3 each elementary school and secondary school in 

4 the State; 

5 ‘‘(D) the types of violence prevention cur6 ricula, programs, and services provided by the 

7 chief executive officer, the State educational 

8 agency, and local educational agencies, in the 

9 State; 

10 ‘‘(E) the incidence and prevalence, age of 

11 onset, perception of health risk, and perception 

12 of social disapproval of drug use and violence 

13 by youth in each public elementary school and 

14 secondary school in the State and community 

15 served by each such school; 

16 ‘‘(F) the existence and implementation of 

17 emergency preparedness plans in each elemen18 tary school and secondary school in the State; 

19 and 

20 ‘‘(G) the school crime statistics described 

21 in paragraph (3) with respect to each public el22 ementary school and secondary school in the 

23 State. 

24 ‘‘(3) SCHOOL CRIME STATISTICS.—The school 

25 crime statistics described in this paragraph include 


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1 statistics concerning the occurrence of any criminal 

2 offenses reported to local police agencies that have 

3 occurred at a school, on school grounds, or at 

4 school-sponsored activities during the most recent 

5 calendar year and the 2 preceding calendar years, 

6 including— 

7 ‘‘(A) murder; 

8 ‘‘(B) sex offenses, forcible or nonforcible; 

9 ‘‘(C) robbery; 

10 ‘‘(D) aggravated assault; 

11 ‘‘(E) burglary; 

12 ‘‘(F) manslaughter; 

13 ‘‘(G) arson; and 

14 ‘‘(H) crimes for which a person has been 

15 arrested or referred for disciplinary action, in16 cluding for liquor law violations, drug-related 

17 violations, or weapons possession. 

18 ‘‘(4) DATA COLLECTION REQUIREMENTS.— 

19 Data collected by a State under paragraph (1) shall 

20 be based on information that— 

21 ‘‘(A) is verifiable and reported— 

22 ‘‘(i) in a consistent and uniform man23 ner; and 


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1 ‘‘(ii) in a manner consistent with the 

2 guidance provided under subsection (g); 

3 and 

4 ‘‘(B) allows for State-by-State comparison 

5 and the evaluation described in subsection (i). 

6 ‘‘(5) SECRETARIAL DUTIES.—The Secretary 

7 shall— 

8 ‘‘(A) review the school crime statistics sub9 mitted under paragraph (1)(B)(ii); 

10 ‘‘(B) report to Congress on the school 

11 crime statistics; and 

12 ‘‘(C) make such information publicly avail13 able. 

14 ‘‘(6) IDENTIFICATION OF INDIVIDUALS.—The 

15 school crime statistics collected and published under 

16 paragraph (1) may not identify victims of crimes or 

17 persons accused of crimes. 

18 ‘‘(7) INADMISSIBILITY OF EVIDENCE.—Not19 withstanding any other provision of law, evidence re20 garding compliance or noncompliance with this sub21 section shall not be admissible as evidence in any 

22 proceeding of any court, agency, board, or other en23 tity, except with respect to an action to enforce this 

24 subsection. 

25 ‘‘(d) FBI INFORMATION.— 


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1 ‘‘(1) REPORT ON INDICATORS OF SCHOOL

2 CRIME AND SAFETY.—The Secretary shall request 

3 the Director of the Federal Bureau of Investigation 

4 to make available for inclusion in the annual report 

5 on Indicators of School Crime and Safety, produced 

6 jointly by the National Center for Education Statis7 tics and the Bureau of Justice Statistics of the De8 partment of Justice, any data or other information 

9 the Federal Bureau of Investigation has available 

10 through the Uniform Crime Reporting System or 

11 National Incident-Based Reporting System on the 

12 occurrence and incidence of school-related crime in 

13 elementary schools and secondary schools. 

14 ‘‘(2) AVAILABILITY TO STATES.—The Secretary 

15 shall make available any data or other information 

16 it receives from the Federal Bureau of Investigation 

17 under paragraph (1) to the States for consideration 

18 when determining which schools do not have a safe 

19 climate for academic achievement for purposes of 

20 subsection (a). 

21 ‘‘(e) EVALUATIONS BY STATES.—As a condition of 

22 receiving funds under part A of title I, each State shall, 

23 on an ongoing basis, using verifiable documentation, mon24 itor and evaluate the extent to which local educational 

25 agencies are in compliance with this section. 


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1 ‘‘(f) CERTIFICATION.—As a condition of receiving 

2 funds under part A of title I, a State shall certify in writ3 ing to the Secretary that the data and crime statistics 

4 used are verifiable and that the State is in compliance with 

5 this section. 

6 ‘‘(g) BEST PRACTICES.—The Secretary shall provide 

7 to States guidance on best practices for implementing and 

8 monitoring the policies required by this section. 

9 ‘‘(h) HANDBOOK FOR SCHOOL CRIME, OFFENSE, 

10 AND INCIDENT REPORTING.— 

11 ‘‘(1) IN GENERAL.—Not later than 6 months 

12 after the date of enactment of the SAVE Act, the 

13 Secretary shall publish a handbook for school crime, 

14 offense, and incident reporting, modeled after the 

15 Handbook for Campus Crime Reporting published 

16 by the Office of Postsecondary Education of the De17 partment of Education, to— 

18 ‘‘(A) provide clear guidance to States and 

19 local educational agencies on specifically which 

20 crimes, offenses, and incidents must be reported 

21 to meet the reporting and crime disclosure re22 quirements of this section; 

23 ‘‘(B) provide assistance to States and local 

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1 by-step and readable manner with respect to 

2 the reporting requirements; 

3 ‘‘(C) provide contact information at the 

4 Department of Education if further assistance 

5 is necessary; and 

6 ‘‘(D) recommendations of the Secretary on 

7 using consistent national definitions for the 

8 crimes, offenses, and incidents which are re9 quired to be reported pursuant to this section. 

10 ‘‘(i) PERIODIC EVALUATION.—The Inspector General 

11 of the Department of Education shall conduct an inde12 pendent annual evaluation of the extent to which States 

13 are in compliance with this section. Each annual evalua14 tion shall cover a sample of States selected on a rotating 

15 basis. 

16 ‘‘(j) RULES OF CONSTRUCTION.—Nothing in this sec17 tion shall be construed to— 

18 ‘‘(1) authorize the Secretary to require par19 ticular policies, procedures, or practices by schools 

20 and local educational agencies with respect to crimes 

21 committed at school, on school grounds, or at school22 sponsored activities; 

23 ‘‘(2) confer a private right of action upon any 

24 person to enforce this section; 


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1 ‘‘(3) require the reporting or disclosure of privi2 leged information; 

3 ‘‘(4) create a cause of action against any school 

4 or any employee of a school for any civil liability or 

5 establish any standard of care; or 

6 ‘‘(5) permit a school, or an officer, employee, or 

7 agent of a school, participating in any program 

8 under this Act to retaliate, intimidate, threaten, co9 erce, or otherwise discriminate against any indi10 vidual with respect to the implementation of any 

11 provision of this section. 

12 ‘‘(k) DEFINITIONS.—In this section: 

13 ‘‘(1) BULLYING.—The term ‘bullying’ means 

14 conduct that— 

15 ‘‘(A) adversely affects the ability of one or 

16 more students to participate in or benefit from 

17 a school’s educational programs or activities by 

18 placing the student (or students) in reasonable 

19 fear of physical harm; and 

20 ‘‘(B) includes conduct that is based on— 

21 ‘‘(i) a student’s actual or perceived— 

22 ‘‘(I) race; 

23 ‘‘(II) color; 

24 ‘‘(III) national origin; 

25 ‘‘(IV) sex; 


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1 ‘‘(V) disability; 

2 ‘‘(VI) sexual orientation; 

3 ‘‘(VII) gender identity; or 

4 ‘‘(VIII) religion; 

5 ‘‘(ii) any other distinguishing charac6 teristics that may be defined by a State or 

7 local educational agency; or 

8 ‘‘(iii) association with a person or 

9 group with one or more of the actual or 

10 perceived characteristics listed in clause (i) 

11 or (ii). 

12 ‘‘(2) CYBERBULLYING.—The term 

13 ‘cyberbulling’ means using the Internet, a cell phone 

14 (such as by text messaging), a video game system, 

15 or other technology to send or post text or images 

16 intended to hurt or embarrass another individual.’’. 

17 (b) CONFORMING AMENDMENT.—The table of con18 tents at the beginning of such Act is amended by striking 

19 the item relating to section 9532 and inserting the fol20 lowing: 

‘‘Sec. 9532. Safe School Climate.’’. 

21 SEC. 5. GUN-FREE REQUIREMENTS. 

22 Section 4141 of the Elementary and Secondary Edu23 cation Act of 1965 (20 U.S.C. 7151) is amended— 

24 (1) in subsection (d)— 


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1 (A) in paragraph (1) by striking ‘‘; and’’ 

2 at the end; 

3 (B) in paragraph (2)— 

4 (i) in the matter preceding subpara5 graph (A), by inserting ‘‘or any modifica6 tions allowed under subsection (b) that re7 sult in removals or long-term suspensions 

8 rather than expulsions,’’ after ‘‘subsection 

9 (b),’’; 

10 (ii) in subparagraph (B), by inserting 

11 ‘‘, removed, or suspended for a long term’’ 

12 after ‘‘expelled’’; and 

13 (iii) in subparagraph (C), by striking 

14 the period at the end and inserting ‘‘; 

15 and’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(3) a description of the circumstances sur18 rounding every incident in which any person, includ19 ing a student or non-student, who is not legally per20 mitted to possess a firearm is determined to have 

21 brought a firearm to, or to have possessed a firearm 

22 at, a school served by such local education agency, 

23 an event or activity under the control and super24 vision of the school or local educational agency, or 


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1 on a school bus under the control and supervision of 

2 the school or local educational agency, including— 

3 ‘‘(A) the name of the school concerned; 

4 ‘‘(B) the number of persons, including stu5 dents and non-students, involved; and 

6 ‘‘(C) the type of firearms concerned; and 

7 ‘‘(4) a certification that the information in the 

8 application is accurate and complete.’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(i) EVALUATIONS BY STATES.—Each State receiv11 ing Federal funds under any title of this Act shall, on an 

12 ongoing basis, evaluate the extent to which local edu13 cational agencies are in compliance with this section. The 

14 evaluation shall include an assessment of the accuracy of 

15 the information provided under subsection (d). A local 

16 educational agency that intentionally fails to report com17 plete and accurate information under subsection (d) shall 

18 be determined to be noncompliant with this section and 

19 shall not, during any period of noncompliance, receive any 

20 funds made available to the State under any title of this 

21 Act. 

22 ‘‘(j) PERIODIC EVALUATION.—The Inspector General 

23 of the Department of Education shall conduct an inde24 pendent annual evaluation of the extent to which States 

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1 tion shall cover a sample of States selected on a rotating 

2 basis.’’. 

3 SEC. 6. NATIONAL PROGRAMS. 

4 (a) SCHOOL CLIMATE SURVEY.—Section 4121(a) of 

5 the Elementary and Secondary Education Act of 1965 (42 

6 U.S.C. 7131) is amended— 

7 (1) in the matter preceding paragraph (1)— 

8 (A) by inserting ‘‘bullying and 

9 cyberbullying and’’ after ‘‘prevent’’; and 

10 (B) by inserting ‘‘, including emergency 

11 preparedness,’’ after ‘‘safety’’; 

12 (2) in paragraph (1)— 

13 (A) by inserting ‘‘students,’’ after ‘‘par14 ents,’’; and 

15 (B) by inserting ‘‘, bullying and 

16 cyberbullying prevention, and emergency pre17 paredness’’ after ‘‘violence prevention’’; 

18 (3) in paragraph (8) by striking ‘‘and’’ at the 

19 end; 

20 (4) by redesignating paragraph (9) as para21 graph (10); and 

22 (5) by inserting after paragraph (8) the fol23 lowing: 


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1 ‘‘(9) the administration of a schoolwide climate 

2 survey of students, parents, and school personnel 

3 that— 

4 ‘‘(A) should be used as a pre- or post5 intervention measure to— 

6 ‘‘(i) promote student participation and 

7 the recognition of the student voice; 

8 ‘‘(ii) build authentic school-home-com9 munity partnerships; 

10 ‘‘(iii) promote an authentic learning 

11 community; 

12 ‘‘(iv) prevent bullying and 

13 cyberbullying, and 

14 ‘‘(iv) create a collaborative plan for 

15 school improvement; and 

16 ‘‘(B) should measure— 

17 ‘‘(i) the degree to which collaborative 

18 leadership and a professional learning com19 munity exist, including— 

20 ‘‘(I) the degree to which school 

21 administrators are effective in com22 municating with different role groups 

23 and in setting high performance ex24 pectations for teachers and students; 


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1 ‘‘(II) the establishment of an ef2 fective school leadership team; and 

3 ‘‘(III) the amount and quality of 

4 involvement of parents and commu5 nity members in the school; 

6 ‘‘(ii) the personalization of the school 

7 environment, including— 

8 ‘‘(I) the quality of the inter9 personal and professional relation10 ships between teachers and students; 

11 ‘‘(II) student self-discipline and 

12 tolerance for others, including inci13 dents of bullying and cyberbullying; 

14 and 

15 ‘‘(III) students’ care and respect 

16 for one another and their mutual co17 operation; and 

18 ‘‘(iii) the strength of the curriculum, 

19 instruction, and assessment, including— 

20 ‘‘(I) student attention to task 

21 and concern for achievement at 

22 school; 

23 ‘‘(II) the identification of a set of 

24 essential knowledge and skills in core 

25 academic areas in which students 


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1 must demonstrate achievement in 

2 order to advance to the next level; and 

3 ‘‘(III) the promotion of service 

4 programs and student activities as in5 tegral to an education, providing op6 portunities that support and extend 

7 academic learning for all students; 

8 and’’. 

9 (b) FUNDING PRIORITY; DEFINITIONS.—Section 

10 4121 of the Elementary and Secondary Education Act of 

11 1965 (42 U.S.C. 7131) is amended by adding at the end 

12 the following: 

13 ‘‘(c) PRIORITY.—In determining which entities are to 

14 receive grants, contracts, and cooperative agreements 

15 under subsection (a), the Secretary shall consider the ex16 tent to which the proposed grant, contract, or cooperative 

17 agreement will benefit schools determined under section 

18 9532(b) to not have a safe climate for academic achieve19 ment and shall give extra weight to proposals that will 

20 benefit such schools. 

21 ‘‘(d) DEFINITIONS.—In this section, the terms ‘bul22 lying’ and ‘cyberbullying’ have the meanings given such 

23 terms in section 9532(k).’’. 


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1 SEC. 7. SENSE OF CONGRESS. 

2 It is the sense of Congress that the amount author3 ized and appropriated for part A of title I of the Elemen4 tary and Secondary Education Act of 1965 (20 U.S.C. 

5 6311 et seq.) should be increased by such sums as may 

6 be necessary for States to carry out the requirements of 

7 section 9532 of such Act. 

8 SEC. 8. EFFECTIVE DATE. 

9 This Act, and the amendments made by this Act, 

10 shall take effect not later than 12 months after the date 

11 of the enactment of this Act. 

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