‘‘(A) means conduct, including an elec-
tronic communication, that adversely affects the 
ability of 1 or more students to participate in 
or benefit from the school’s educational pro-
grams 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 charac-
teristics that may be defined by a State or 
local educational agency; or 
‘‘(iii) association with a person or 
group with 1 or more of the actual or per-
ceived characteristics listed in clause (i) or 
(ii). 
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‘‘(2) ELECTRONIC COMMUNICATION.—The term 
‘electronic communication’ means a communication 
transmitted by means of an electronic device, such 
as a telephone, cellular phone, computer, or pager. 
‘‘(3) HARASSMENT.—The term ‘harassment’— 
‘‘(A) means conduct, including an elec-
tronic communication, that adversely affects the 
ability of 1 or more students to participate in 
or benefit from the school’s educational pro-
grams or activities because the conduct, as rea-
sonably 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 char-
acteristic that may be defined by a State 
or local educational agency; or 
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‘‘(iii) association with a person or 
group with 1 or more of the actual or per-
ceived characteristics listed in clause (i) or 
(ii). 
‘‘SEC. 4406. EFFECT ON OTHER LAWS. 
‘‘(a) FEDERAL
AND STATE NONDISCRIMINATION 
LAWS.—Nothing in this part shall be construed to invali-
date or limit rights, remedies, procedures, or legal stand-
ards available to victims of discrimination under any other 
Federal law or law of a State or political subdivision of 
a State, including title VI of the Civil Rights Act of 1964 
(42 U.S.C. 2000d et seq.), title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681 et seq.), section 
504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 
794, 794a), 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 VI of the 
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title 
IX of the Education Amendments of 1972 (20 U.S.C. 
1681 et seq.), section 504 of the Rehabilitation Act of 
1973 (29 U.S.C. 794), and the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12101 et seq.). 
‘‘(b) FREE SPEECH AND EXPRESSION LAWS.—Noth-
ing in this part shall be construed to alter legal standards 
regarding, or affect the rights (including remedies and 
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procedures) available to individuals under, other Federal 
laws that establish protections for freedom of speech or 
expression. 
‘‘SEC. 4407. RULE OF CONSTRUCTION. 
‘‘Nothing in this part shall be construed to prohibit 
a State or local entity from enacting any law with respect 
to the prevention of bullying or harassment of students 
that is not inconsistent with this part.’’. 
(b) TABLE OF CONTENTS.—The table of contents in 
section 2 of the Elementary and Secondary Education Act 
of 1965 is amended by inserting after the item relating 
to section 4304 the following: 
‘‘PART D—SAFE SCHOOLS IMPROVEMENT 
‘‘Sec. 4401. Purpose. 
‘‘Sec. 4402. State requirements. 
‘‘Sec. 4403. Local educational agency requirements. 
‘‘Sec. 4404. Evaluation. 
‘‘Sec. 4405. Definitions. 
‘‘Sec. 4406. Effect on other laws. 
‘‘Sec. 4407. Rule of construction.’’. 
Æ 
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