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 well- 
being, nutrition, and fitness, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Successful, Safe, and 
Healthy Students Act of 2013’’. 
SEC. 2. SUCCESSFUL, SAFE, AND HEALTHY STUDENTS. 
Title IV of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7101 et seq.) is amended by add-
ing at the end the following new part: 
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case management services, to promote 
positive student academic achievement, de-
velopmental, and social growth, including 
non-cognitive skill development. 
‘‘(ix) To the extent practicable, pro-
vide access to school nurses, school coun-
selors, and school social workers for the 
promotion of student physical health, men-
tal health, and well-being. 
‘‘(3) CONTROLLED
SUBSTANCE.—The term 
‘controlled substance’ means a drug or other sub-
stance identified under Schedule I, II, III, IV, or V 
of section 202(c) of the Controlled Substances Act 
(21 U.S.C. 812(c)). 
‘‘(4) DRUG.—The term ‘drug’ includes— 
‘‘(A) a controlled substance; 
‘‘(B) with respect to alcohol and tobacco, 
the illegal use of such substances; and 
‘‘(C) with respect to inhalants and anabolic 
steroids, the harmful, abusive, or addictive use 
of such substances. 
‘‘(5) DRUG AND VIOLENCE PREVENTION.—The 
term ‘drug and violence prevention’ means— 
‘‘(A) with respect to drugs, prevention, 
early intervention, rehabilitation referral, or 
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education related to the abuse and illegal use of 
drugs, in order to— 
‘‘(i) raise awareness about the costs 
and consequences of drug use and abuse; 
‘‘(ii) change attitudes, perceptions, 
and social norms about the dangers and 
acceptability of alcohol, tobacco, and 
drugs; and 
‘‘(iii) reduce access to and use of alco-
hol, tobacco, and drugs; and 
‘‘(B) with respect to violence, the pro-
motion of school safety in and around the 
school building, on pathways to and from the 
school and students’ homes, at school-sponsored 
activities, and through electronic and social 
media involving students or school personnel, 
through the creation and maintenance of a 
school environment that— 
‘‘(i) is free of— 
‘‘(I) weapons; 
‘‘(II) violent and disruptive acts; 
‘‘(III) harassment; 
‘‘(IV) sexual harassment, dating 
violence, and abuse; and 
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‘‘(V) 
victimization 
associated 
with prejudice and intolerance; 
‘‘(ii) fosters individual responsibility 
and respect for the rights and dignity of 
others; 
‘‘(iii) employs positive, preventative 
approaches to school discipline, such as 
schoolwide positive behavior supports and 
interventions and restorative justice, that 
improve student engagement while mini-
mizing students’ removal from instruction 
and reducing the frequency of discipline in-
fractions and disparities among the sub-
groups of students described in section 
1116(b)(1)(B); and 
‘‘(iv) demonstrates preparedness and 
readiness to respond to, and recover from, 
incidents of school violence. 
‘‘(6) ELIGIBLE LOCAL APPLICANT.—The term 
‘eligible local applicant’ means— 
‘‘(A) a local educational agency; 
‘‘(B) a consortium of local educational 
agencies; or 
‘‘(C) a nonprofit organization that has a 
track record of success in implementing the ac-
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tivities proposed in the grant application and 
has signed a memorandum of understanding 
with a local educational agency or consortium 
of local educational agencies that the organiza-
tion will, upon receipt of a subgrant under this 
part— 
‘‘(i) implement school-based activities 
and 
programs 
described 
in 
section 
4404(i)(1)(A)(iii) in 1 or more schools 
served by the local educational agency or 
consortium; and 
‘‘(ii) conduct school-level measurement 
of conditions for learning that are con-
sistent with the State’s conditions for 
learning measurement system under sec-
tion 4404(h). 
‘‘(7) HARASSMENT.—The term ‘harassment’ 
means conduct, including bullying, that— 
‘‘(A) is sufficiently severe, persistent, or 
pervasive to limit or interfere with a student’s 
ability to participate in or benefit from a pro-
gram or activity of a public school or edu-
cational agency, including acts of verbal, non-
verbal, or physical aggression, intimidation, or 
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hostility, and communications made available 
through electronic means; and 
‘‘(B) is based on— 
‘‘(i) a student’s actual or perceived 
race, color, national origin, sex, disability, 
sexual orientation, gender identity, or reli-
gion; 
‘‘(ii) the actual or perceived race, 
color, national origin, sex, disability, sexual 
orientation, gender identity, or religion of 
a person with whom a student associates 
or has associated; or 
‘‘(iii) any other distinguishing charac-
teristics that may be enumerated by a 
State or local educational agency. 
‘‘(8) OTHER QUALIFIED PSYCHOLOGIST.—The 
term ‘other qualified psychologist’ means an indi-
vidual who has demonstrated competence in coun-
seling children in a school setting and who— 
‘‘(A) is licensed in psychology by the State 
in which the individual works; and 
‘‘(B) practices in the scope of the individ-
ual’s education, training, and experience with 
children in school settings. 
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‘‘(9) PHYSICAL EDUCATION INDICATORS.—The 
term ‘physical education indicators’ means a set of 
measures for instruction on physical activity, health- 
related fitness, physical competence, and cognitive 
understanding about physical activity. Such indica-
tors shall include— 
‘‘(A) for the State, for each local edu-
cational agency in the State, and for each ele-
mentary school and secondary school in the 
State, the average number of minutes per week 
(averaged over the school year) that all students 
spend in required physical education, and the 
average number of minutes per week (averaged 
over the school year) that all students engage in 
moderate to vigorous physical activity, as meas-
ured against established recommended guide-
lines of the Centers for Disease Control and 
Prevention and the Department of Health and 
Human Services; 
‘‘(B) for the State, the percentage of local 
educational agencies that have a required, age- 
appropriate physical education curriculum that 
adheres to Centers for Disease Control and 
Prevention guidelines and State standards; 
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‘‘(C) for the State, for each local edu-
cational agency in the State, and for each ele-
mentary school and secondary school in the 
State, the percentage of elementary school and 
secondary school physical education teachers 
who are licensed or certified in the State to 
teach physical education; 
‘‘(D) for the State, and for each local edu-
cational agency in the State, the percentage of 
elementary schools and secondary schools that 
have a physical education teacher who is cer-
tified or licensed to teach physical education 
and adapted physical education in the State; 
‘‘(E) for each school in the State, the num-
ber of indoor square feet and the number of 
outdoor square feet used primarily for physical 
education; and 
‘‘(F) for the State, the percentage of local 
educational agencies that have a school wellness 
council that— 
‘‘(i) includes members appointed by 
the 
local 
educational 
agency 
super-
intendent; 
‘‘(ii) may include parents, students, 
representatives of the school food author-
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ity, representatives of the school board, 
school administrators, school nurses, and 
members of the public; and 
‘‘(iii) meets regularly to promote a 
healthy school environment. 
‘‘(10) PRESCRIPTION
DRUG.—The term ‘pre-
scription drug’ means a drug (as defined in section 
201(g)(1) of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 321(g)(1)) that is described in sec-
tion 503(b)(1) of such Act (21 U.S.C. 353(b)(1))). 
‘‘(11) 
PROGRAMS
TO
PROMOTE
MENTAL 
HEALTH.—The term ‘programs to promote mental 
health’ means programs that— 
‘‘(A) develop students’ social and emotional 
competencies; 
‘‘(B) link students with local mental health 
systems by— 
‘‘(i) enhancing, improving, or devel-
oping collaborative efforts between school- 
based service systems and mental health 
service systems to provide, enhance, or im-
prove prevention, diagnosis, and treatment 
services to students, and to improve stu-
dent social and emotional competencies; 
‘‘(ii) enhancing the availability of— 
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‘‘(I) crisis intervention services; 
‘‘(II) appropriate referrals for 
students potentially in need of mental 
health services, including suicide pre-
vention; and 
‘‘(III) ongoing mental health 
services; and 
‘‘(iii) providing services that establish 
or expand school counseling and mental 
health programs that— 
‘‘(I) are comprehensive in ad-
dressing the counseling, social, emo-
tional, behavioral, mental health, and 
educational needs of all students; 
‘‘(II) use a developmental, pre-
ventive approach to counseling and 
mental health services; 
‘‘(III) are linguistically appro-
priate and culturally responsive; 
‘‘(IV) increase the range, avail-
ability, quantity, and quality of coun-
seling and mental health services in 
the elementary schools and secondary 
schools of the local educational agen-
cy; 
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‘‘(V) expand counseling and men-
tal health services through— 
‘‘(aa) 
school 
counselors, 
school social workers, school psy-
chologists, other qualified psy-
chologists, child and adolescent 
psychiatrists, or other qualified 
health or mental health profes-
sionals, such as school nurses; 
and 
‘‘(bb) school-based mental 
health services partnership pro-
grams; 
‘‘(VI) use innovative approaches 
to— 
‘‘(aa) increase children’s un-
derstanding of peer and family 
relationships, work and self, deci-
sionmaking, or academic and ca-
reer planning; or 
‘‘(bb) improve peer inter-
action; 
‘‘(VII) provide counseling and 
mental health services in settings that 
meet the range of student needs; 
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‘‘(VIII) include professional de-
velopment appropriate to the activities 
covered in this paragraph for teach-
ers, school leaders, instructional staff, 
and appropriate school personnel, in-
cluding training in appropriate identi-
fication and early intervention tech-
niques by school counselors, school so-
cial workers, school psychologists, 
other qualified psychologists, child 
and adolescent psychiatrists, or other 
qualified health professionals, such as 
school nurses; 
‘‘(IX) ensure a team approach to 
school counseling and mental health 
services in the schools served by the 
local educational agency; 
‘‘(X) demonstrate that the local 
educational agency is working to-
ward— 
‘‘(aa) a 1:250 ratio of school 
counselors to students, as rec-
ommended 
by 
the 
American 
School Counselor Association; 
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‘‘(bb) a 1:250 ratio of school 
social workers to students, as 
recommended by the School So-
cial Work Association of Amer-
ica; 
‘‘(cc) a 1:700 ratio of school 
psychologists to students, as rec-
ommended by the National Asso-
ciation of School Psychologists; 
and 
‘‘(dd) a 1:750 ratio of school 
nurses to students in the general 
population, a 1:225 ratio for stu-
dents requiring daily professional 
school nursing services, and a 
1:125 ratio for students with 
complex needs, as recommended 
by the National Association of 
School Nurses; and 
‘‘(XI) ensure that school coun-
selors, 
school 
psychologists, 
other 
qualified psychologists, school social 
workers, or child and adolescent psy-
chiatrists paid from funds made avail-
able under the programs spend a ma-
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jority of their time counseling or pro-
viding mental health services to stu-
dents or in other activities directly re-
lated to counseling or providing such 
services; 
‘‘(C) provide training for the school per-
sonnel, health professionals (such as school 
nurses), and mental health professionals who 
will participate in the programs; and 
‘‘(D) provide technical assistance and con-
sultation to school systems, mental health agen-
cies, and families participating in the programs. 
‘‘(12) PROGRAMS TO PROMOTE PHYSICAL AC-
TIVITY, EDUCATION, AND
FITNESS, AND
NUTRI-
TION.—The term ‘programs to promote physical ac-
tivity, education, and fitness, and nutrition’ means 
programs that— 
‘‘(A) increase and enable active student 
participation in physical well-being activities 
and provide teacher and school leader profes-
sional development to encourage and increase 
such participation; 
‘‘(B) are comprehensive in nature; 
‘‘(C) include opportunities for professional 
development for teachers of physical education 
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to stay abreast of the latest research, issues, 
and trends in the field of physical education; 
and 
‘‘(D) include 1 or more of the following ac-
tivities: 
‘‘(i) Fitness education and assessment 
to help students understand, improve, or 
maintain their physical well-being. 
‘‘(ii) Instruction in a variety of motor 
skills and physical activities designed to 
enhance the physical, mental, social, and 
emotional development of every student. 
‘‘(iii) Development of, and instruction 
in, cognitive concepts about motor skill and 
physical fitness that support a lifelong 
healthy lifestyle. 
‘‘(iv) Opportunities to develop positive 
social and cooperative skills through phys-
ical activity. 
‘‘(v) Instruction in healthy eating hab-
its and good nutrition. 
‘‘(13) SCHOOL-BASED MENTAL HEALTH SERV-
ICES
PARTNERSHIP
PROGRAM.—The term ‘school- 
based mental health services partnership program’ 
means a program that— 
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‘‘(A) includes a public or private mental 
health entity or health care entity and may in-
clude a child welfare agency, family-based men-
tal health entity, family organization, trauma 
network, or other community-based entity; 
‘‘(B) provides comprehensive school-based 
mental health services and supports; 
‘‘(C) provides comprehensive staff develop-
ment for school and community service per-
sonnel working in the school; 
‘‘(D) includes the early identification of so-
cial, emotional, or behavioral problems, or sub-
stance use disorders, and the provision of early 
intervening services; 
‘‘(E) provides for the treatment or referral 
for treatment of students with social, emotional, 
or behavioral health problems, or substance use 
disorders; 
‘‘(F) includes the development and imple-
mentation of programs to assist children in 
dealing with trauma and violence; 
‘‘(G) includes the development of mecha-
nisms, based on best practices, for children to 
report incidents of violence or plans by other 
children or adults to commit violence; 
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‘‘(H) is based on trauma-informed and evi-
dence-based practices; 
‘‘(I) is coordinated, where appropriate, 
with early intervening services carried out 
under the Individuals with Disabilities Edu-
cation Act; and 
‘‘(J) is provided by qualified mental and 
behavioral health professionals who are certified 
or licensed by the State involved and practicing 
within their area of expertise. 
‘‘(14) SCHOOL COUNSELOR.—The term ‘school 
counselor’ means an individual who has documented 
competence in counseling children and adolescents in 
a school setting and who— 
‘‘(A) is licensed by the State or certified by 
an independent professional regulatory author-
ity; 
‘‘(B) in the absence of such State licensure 
or certification, possesses national certification 
in school counseling or a specialty of counseling 
granted by an independent professional organi-
zation; or 
‘‘(C) holds a minimum of a master’s de-
gree in school counseling from a program ac-
credited by the Council for Accreditation of 
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Counseling and Related Educational Programs 
or the equivalent. 
‘‘(15) SCHOOL
HEALTH
INDICATORS.—The 
term ‘school health indicators’ means a set of meas-
urements for determining the number of students 
seen in the school health office with, or for, social 
and emotional disturbances, abuse and neglect, sub-
stance use disorders, acute and chronic illness, and 
oral and visual health issues, (to the extent the 
school health office has applicable information), and 
the number of student deaths on school property, if 
any. 
‘‘(16) SCHOOL
NURSE.—The term ‘school 
nurse’ means a graduate of an accredited school of 
nursing program who is licensed by the State as a 
registered nurse. 
‘‘(17) 
SCHOOL
PSYCHOLOGIST.—The 
term 
‘school psychologist’ means an individual who— 
‘‘(A) has completed a minimum of 60 
graduate semester hours in school psychology 
from an institution of higher education and has 
completed 1,200 clock hours in a supervised 
school psychology internship, of which 600 
hours are in the school setting; 
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‘‘(B) is licensed or certified in school psy-
chology by the State in which the individual 
works; or 
‘‘(C) in the absence of such State licensure 
or certification, possesses national certification 
by the National School Psychology Certification 
Board. 
‘‘(18) SCHOOL
SOCIAL
WORKER.—The term 
‘school social worker’ means an individual who— 
‘‘(A) holds a master’s degree in social work 
from a program accredited by the Council on 
Social Work Education; and 
‘‘(B)(i) is licensed or certified by the State 
in which services are provided; or 
‘‘(ii) in the absence of such State licensure 
or certification, possesses a national credential 
or certification as a school social work specialist 
granted by an independent professional organi-
zation. 
‘‘SEC. 4403. ALLOCATION OF FUNDS. 
‘‘From amounts made available to carry out this part, 
the Secretary shall allocate— 
‘‘(1) in each year for which funding is made 
available to carry out this part, not more than 2 per-
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cent of such amounts for technical assistance and 
evaluation; 
‘‘(2) for the first 3 years for which funding is 
made available to carry out this part— 
‘‘(A) except as provided in subparagraph 
(B)— 
‘‘(i) not more than 30 percent of such 
amounts 
or 
$30,000,000, 
whichever 
amount is more, for State conditions for 
learning measurement systems grants, dis-
tributed to every State (by an application 
process consistent with section 4404(d)) in 
an amount proportional to each State’s 
share of funding under part A of title I, to 
develop or improve the State’s conditions 
for learning measurement system described 
in section 4404(h), and to conduct a needs 
analysis to meet the requirements of sec-
tion 4404(d)(2)(D); and 
‘‘(ii) not more than 68 percent of such 
amounts for Successful, Safe, and Healthy 
Students State Grants under section 4404; 
and 
‘‘(B) for any fiscal year for which the 
amount remaining available after funds are re-
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served under paragraph (1) is less than 
$30,000,000, all of such remainder for the 
State conditions for learning measurement sys-
tems grants described in subparagraph (A)(i); 
and 
‘‘(3) for the fourth year and each subsequent 
year for which funding is made available to carry 
out this part, not less than 98 percent of such 
amounts for Successful, Safe, and Healthy Students 
State Grants under section 4404. 
‘‘SEC. 4404. SUCCESSFUL, SAFE, AND HEALTHY STUDENTS 
STATE GRANTS. 
‘‘(a) PURPOSE.—The purpose of this section is to 
provide funding to eligible States to implement com-
prehensive programs that— 
‘‘(1) address conditions for learning in schools 
in the State; and 
‘‘(2) are based on— 
‘‘(A) scientifically valid research; and 
‘‘(B) an analysis of need that considers, at 
a minimum, the indicators in the State’s condi-
tions for learning measurement system de-
scribed in subsection (h). 
‘‘(b) STATE GRANTS.— 
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‘‘(1) IN
GENERAL.—From amounts allocated 
under section 4403 for Successful, Safe, and 
Healthy Students State Grants, the Secretary shall 
award grants to eligible States to carry out the pur-
pose of this section. 
‘‘(2) AWARDS TO STATES.— 
‘‘(A) FORMULA GRANTS.—Except as pro-
vided in subparagraph (B), if the total amount 
allocated under section 4403 for Successful, 
Safe, and Healthy Students State Grants for a 
fiscal year is $500,000,000 or greater, the Sec-
retary shall allot to each State that meets the 
eligibility requirements of subsection (c) with an 
approved application an amount that bears the 
same relationship to such total amount as the 
amount received under part A of title I by such 
eligible State for the preceding fiscal year bears 
to the amount received under such part for the 
preceding fiscal year by all eligible States. 
‘‘(B) MINIMUM STATE ALLOTMENT.— 
‘‘(i) IN GENERAL.—No State receiving 
an allotment under subparagraph (A) may 
receive less than one-half of 1 percent of 
the total amount allotted under such sub-
paragraph. 
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‘‘(ii) PUERTO RICO.—The amount al-
lotted under subparagraph (A) to the Com-
monwealth of Puerto Rico for a fiscal year 
may not exceed one-half of 1 percent of the 
total amount allotted under such subpara-
graph for such fiscal year. 
‘‘(C) COMPETITIVE GRANTS.— 
‘‘(i) 
IN
GENERAL.—If 
the 
total 
amount allocated under section 4403 for 
Successful, Safe, and Healthy Students 
State Grants for a fiscal year is less than 
$500,000,000, the Secretary shall award 
grants under this section to States that 
meet the eligibility requirements of sub-
section (c) on a competitive basis. 
‘‘(ii) SUFFICIENT SIZE AND SCOPE.— 
In awarding grants on a competitive basis 
pursuant to clause (i), the Secretary shall 
ensure that grant awards are of sufficient 
size and scope to carry out required and 
approved activities under this section. 
‘‘(c) ELIGIBILITY.—To be eligible to receive a grant 
under this section, a State shall demonstrate to the Sec-
retary that the State has— 
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‘‘(1) established a statewide physical education 
requirement that is consistent with widely recognized 
standards; and 
‘‘(2) required all local educational agencies in 
the State to— 
‘‘(A) establish policies that prevent and 
prohibit harassment in schools; and 
‘‘(B) provide— 
‘‘(i) annual notice to parents, stu-
dents, and educational professionals de-
scribing the full range of prohibited con-
duct contained in such local educational 
agency’s discipline policies; and 
‘‘(ii) grievance procedures for students 
or parents to register complaints regarding 
the prohibited conduct contained in such 
local educational agency’s discipline poli-
cies, including— 
‘‘(I) the name of the local edu-
cational agency official who is des-
ignated as responsible for receiving 
such complaints; and 
‘‘(II) timelines that the local edu-
cational agency will follow in the reso-
lution of such complaints. 
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‘‘(d) APPLICATIONS.— 
‘‘(1) IN GENERAL.—A State that desires to re-
ceive a grant under this section shall submit an ap-
plication at such time, in such manner, and con-
taining such information as the Secretary may re-
quire. 
‘‘(2) CONTENT
OF
APPLICATION.—At a min-
imum, the application shall include— 
‘‘(A) documentation of the State’s eligi-
bility to receive a grant under this section, as 
described in subsection (c); 
‘‘(B) an assurance that the policies used to 
prohibit harassment in schools that are required 
under subsection (c)(2)(A) emphasize alter-
natives to school suspension that minimize stu-
dents’ removal from grade-level instruction, pro-
mote mental health, and only allow out-of- 
school punishments in severe or persistent 
cases; 
‘‘(C) a plan for improving conditions for 
learning in schools in the State in a manner 
consistent with the requirements of this part 
that may be a part of a broader statewide child 
and youth plan, if such a plan exists and is con-
sistent with the requirements of this part; 
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‘‘(D) a needs analysis of the conditions for 
learning in schools in the State, which— 
‘‘(i) shall include a description of, and 
data measuring, the State’s conditions for 
learning; and 
‘‘(ii) may be a part of a broader state-
wide child and youth needs analysis, if 
such an analysis exists and is consistent 
with the requirements of this part; 
‘‘(E) a description of how the activities the 
State proposes to implement with grant funds 
are responsive to the results of the needs anal-
ysis described in subparagraph (D); and 
‘‘(F) a description of how the State will— 
‘‘(i) develop, adopt, adapt, or improve 
and implement the State’s conditions for 
learning measurement system and how the 
State will ensure that all local educational 
agencies and schools in the State partici-
pate in such system; 
‘‘(ii) ensure the quality and validity of 
the State’s conditions for learning data col-
lection, including the State’s plan for sur-
vey administration as required under sub-
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section (h)(2)(A) and for ensuring the reli-
ability and validity of survey instruments; 
‘‘(iii) coordinate the proposed activi-
ties with other Federal and State pro-
grams, including programs funded under 
this part, which may include programs to 
expand learning time and for before- and 
after-school programming in order to pro-
vide sufficient time to carry out activities 
described in this part; 
‘‘(iv) assist local educational agencies 
to align activities with funds the agencies 
receive under the program with other fund-
ing sources in order to support a coherent 
and nonduplicative program; 
‘‘(v) solicit and approve subgrant ap-
plications, including how the State will— 
‘‘(I) allocate funds for statewide 
activities and subgrants for each year 
of the grant, consistent with allocation 
requirements under subsection (i)(2); 
and 
‘‘(II) consider the results of the 
needs analysis described in subpara-
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graph (D) in the State’s distribution 
of subgrants; 
‘‘(vi) address the needs of diverse geo-
graphic areas in the State, including rural 
and urban communities; 
‘‘(vii) provide assistance to local edu-
cational agencies and schools in their ef-
forts to prevent and appropriately respond 
to incidents of harassment, including build-
ing the capacity of such agencies and 
schools to educate family and community 
members regarding the agencies’ and 
schools’ respective roles in preventing and 
responding to such incidents; 
‘‘(viii) provide assistance to local edu-
cational agencies and schools in their ef-
forts to implement positive, preventative 
approaches to school discipline, such as 
schoolwide positive behavior supports and 
interventions and restorative justice, that 
improve student engagement while mini-
mizing students’ removal from instruction 
and reducing the frequency of discipline in-
fractions 
and 
disciplinary 
disparities 
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among the subgroups of students described 
in section 1116(b)(2)(B); 
‘‘(ix) provide assistance to local edu-
cational agencies and schools in their ef-
forts to increase the provision of physical 
activity and physical education opportuni-
ties during the school day and implement 
programs to promote physical activity, edu-
cation, and fitness, and nutrition; and 
‘‘(x) provide assistance to local edu-
cational agencies and schools in their ef-
forts to improve access to State-licensed or 
State-certified school counselors, school 
psychologists, and school social workers or 
other State-licensed or State-certified men-
tal health professional qualified under 
State law to provide mental health services 
to students in schools. 
‘‘(3) REVIEW
PROCESS.—The Secretary shall 
establish a peer review process to review applications 
submitted under this subsection. 
‘‘(e) DURATION.— 
‘‘(1) IN
GENERAL.—A State that receives a 
grant under this section may receive funding for not 
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more than 5 years in accordance with this sub-
section. 
‘‘(2) INITIAL
PERIOD.—The Secretary shall 
award grants under this section for an initial period 
of not more than 3 years. 
‘‘(3) GRANT EXTENSION.—The Secretary may 
extend a grant awarded to a State under this section 
for not more than an additional 2 years if the State 
shows sufficient improvement, as determined by the 
Secretary, against baseline data for the performance 
metrics established under subsection (j). 
‘‘(f) RESERVATION AND USE OF FUNDS.—A State 
that receives a grant under this section shall— 
‘‘(1) reserve not more than 10 percent of the 
grant funds for administration of the program, tech-
nical assistance, and the development, improvement, 
and implementation of the State’s conditions for 
learning measurement system, as described in sub-
section (h); and 
‘‘(2) use the remainder of grant funds after 
making the reservation under paragraph (1) to 
award subgrants, on a competitive basis, to eligible 
local applicants. 
‘‘(g) REQUIRED STATE ACTIVITIES.—A State that 
receives a grant under this section shall— 
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‘‘(1) not later than 1 year after receipt of the 
grant, develop, adapt, improve, or adopt and imple-
ment the statewide conditions for learning measure-
ment system described in subsection (h) (unless the 
State can demonstrate, to the satisfaction of the 
Secretary, that an appropriate system has already 
been implemented) that annually measures the 
State’s progress in the conditions for learning for 
every public school in the State; 
‘‘(2) collect information in each year of the 
grant on the conditions for learning at the school- 
building level through comprehensive needs assess-
ments of student, school staff, and family percep-
tions, experiences, and behaviors; 
‘‘(3) collect annual incident data at the school- 
building level that are accurate and complete; 
‘‘(4) publicly report, at the local educational 
agency and school level, the data collected in the 
State’s conditions for learning measurement system, 
described in subsection (h), each year in a timely 
and highly accessible manner, and in a manner that 
does not reveal personally identifiable information; 
‘‘(5) use, on a continuous basis, the results of 
the data collected in the State’s conditions for learn-
ing measurement system to— 
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‘‘(A) identify and address conditions for 
learning statewide; 
‘‘(B) help subgrantees identify and address 
school and student needs; and 
‘‘(C) provide individualized assistance to 
low-performing schools identified under section 
1116 and schools with significant conditions for 
learning weaknesses; 
‘‘(6) encourage local educational agencies to— 
‘‘(A) integrate physical activity, education, 
and fitness into a range of subjects throughout 
the school day and locations within schools; 
‘‘(B) encourage consultation with a variety 
of stakeholders, including families, students, 
school officials, and other organizations with 
wellness and physical activity, education, and 
fitness expertise; and 
‘‘(C) regularly monitor schools’ efforts in 
improving wellness and physical activity, edu-
cation, and fitness understanding and habits 
among students; 
‘‘(7) encourage local educational agencies to— 
‘‘(A) integrate healthy eating and nutrition 
education into various times of the school day 
and locations within schools to encourage con-
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sultation with a variety of stakeholders, includ-
ing families, students, school officials, and other 
organizations with nutrition education exper-
tise; and 
‘‘(B) regularly monitor schools’ efforts in 
improving nutrition understanding and healthy 
eating among students; 
‘‘(8) encourage local educational agencies to im-
plement programs that expand student access to 
State-licensed or State-certified school counselors, 
school psychologists, and school social workers or 
other State-licensed or State-certified mental health 
professional that are qualified under State law to 
provide mental health services to students in schools; 
‘‘(9) award subgrants, consistent with sub-
section (i), to eligible local applicants; and 
‘‘(10) monitor subgrants and provide technical 
assistance to subgrantees on the implementation of 
grant activities. 
‘‘(h) CONDITIONS
FOR LEARNING MEASUREMENT 
SYSTEM.— 
‘‘(1) IN GENERAL.—Each State that receives a 
grant under this part shall establish a State report-
ing and information system that measures conditions 
for learning in the State and is part of the State’s 
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system for reporting the data required under section 
1111 and part of any State longitudinal data system 
that links statewide elementary and secondary data 
systems with early childhood, postsecondary, and 
workforce data systems. 
‘‘(2) SYSTEM ACTIVITIES.—The State reporting 
and information system described in paragraph (1) 
shall— 
‘‘(A) contain, at a minimum, data from 
valid and reliable surveys of students and staff 
and the indicators in subparagraph (B) that 
allow staff at the State, local educational agen-
cies, and schools to examine and improve 
school-level conditions for learning; 
‘‘(B) collect school-level data on— 
‘‘(i) physical education indicators, as 
applicable; 
‘‘(ii) individual student attendance 
and truancy; 
‘‘(iii) in-school suspensions, out-of- 
school suspensions, expulsions, referrals to 
law enforcement, school-based arrests, and 
disciplinary transfers (including place-
ments in alternative schools) by student; 
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‘‘(iv) the frequency, seriousness, and 
incidence of violence and drug-related of-
fenses resulting in disciplinary action in el-
ementary schools and secondary schools in 
the State; 
‘‘(v) the incidence and prevalence, age 
of onset, perception of and actual health 
risk, and perception of social disapproval 
of drug use and violence, including harass-
ment, by youth and school personnel in 
schools and communities; 
‘‘(vi) school health indicators, includ-
ing acute and chronic physical, mental, 
and emotional health care needs; and 
‘‘(vii) student access to State-licensed 
or State-certified school counselors, school 
psychologists, and school social workers or 
other State-licensed or State-certified men-
tal health professional qualified under 
State law to provide such services to stu-
dents in schools, including staff-to-student 
ratios; 
‘‘(C) collect and report data, including, at 
a minimum, the data described in clauses (ii), 
(iii), and (v) of subparagraph (B), in the aggre-
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gate and disaggregated by the categories of 
race, ethnicity, gender, disability status, mi-
grant status, English proficiency, and status as 
economically disadvantaged, and cross-tabulated 
across all of such categories by gender and by 
disability; 
‘‘(D) protect student privacy, consistent 
with applicable data privacy laws and regula-
tions, including section 444 of the General Edu-
cation Provisions Act (20 U.S.C. 1232g, com-
monly known as the ‘Family Educational 
Rights and Privacy Act of 1974’); and 
‘‘(E) to the extent practicable, utilize a 
web-based reporting system. 
‘‘(3) COMPILING STATISTICS.—In compiling the 
statistics required to measure conditions for learning 
in the State— 
‘‘(A) the offenses described in paragraph 
(2)(B)(iv) shall be defined pursuant to the 
State’s criminal code, and aligned to the extent 
practicable, with the Federal Bureau of Inves-
tigation’s Uniform Crime Reports categories, 
but shall not identify victims of crimes or per-
sons accused of crimes; and the collected data 
shall include incident reports by school officials, 
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anonymous student surveys, and anonymous 
teacher surveys; 
‘‘(B) the performance metrics that are es-
tablished under subsection (j) shall be collected 
and the performance on such metrics shall be 
defined and reported uniformly statewide; 
‘‘(C) the State shall collect, analyze, and 
use the data under subparagraph (2)(B) at 
least annually; and 
‘‘(D) grant recipients and subgrant recipi-
ents shall use the data for planning and contin-
uous improvement of activities implemented 
under this part, and may collect data for indi-
cators that are locally defined, and that are not 
reported to the State, to meet local needs (so 
long as such indicators are aligned with the 
conditions for learning). 
‘‘(i) SUBGRANTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) AWARDING OF SUBGRANTS.—A State 
that receives a grant under this section shall 
award subgrants, on a competitive basis, to eli-
gible local applicants— 
‘‘(i) based on need as identified by— 
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‘‘(I) the State’s conditions for 
learning measurement system de-
scribed in subsection (h); or 
‘‘(II) in the case of a State for 
which the learning measurement sys-
tem described in subsection (h) is not 
yet implemented, other data deter-
mined appropriate by the State; 
‘‘(ii) that are of sufficient size and 
scope to enable the eligible local applicants 
to carry out approved activities; and 
‘‘(iii) to implement programs that— 
‘‘(I) are comprehensive in nature; 
‘‘(II) are based on scientifically 
valid research; 
‘‘(III) are consistent with achiev-
ing the conditions for learning for the 
State; and 
‘‘(IV) address 1 or more of the 
uses described in clauses (i) through 
(iii) of paragraph (2)(A). 
‘‘(B) ASSISTANCE.—A State that receives 
a grant under this section shall provide assist-
ance to subgrant applicants and recipients in 
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the selection of scientifically valid programs and 
interventions. 
‘‘(C) PARTNERSHIPS ALLOWED.—An eligi-
ble local applicant may apply for a subgrant 
under this subsection in partnership with 1 or 
more community-based organizations. 
‘‘(2) ALLOCATION.— 
‘‘(A) IN
GENERAL.—In awarding sub-
grants under this section, each State shall en-
sure that, for the aggregate of all subgrants 
awarded by the State— 
‘‘(i) not less than 20 percent of 
subgrant funds are used to carry out drug 
and violence prevention; 
‘‘(ii) not less than 20 percent of 
subgrant funds are used to carry out pro-
grams to promote mental health; and 
‘‘(iii) not less than 20 percent of 
subgrant funds are used to carry out pro-
grams to promote physical activity, edu-
cation, and fitness, and nutrition. 
‘‘(B) RULE OF CONSTRUCTION.—Nothing 
in this paragraph shall be construed to require 
States, in making subgrants to eligible local ap-
plicants, to require the eligible local applicants 
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to use 20 percent of subgrant funds for each of 
the uses described in clauses (i) through (iii) of 
subparagraph (A). 
‘‘(3) APPLICATIONS.—An eligible local applicant 
that desires to receive a subgrant under this sub-
section shall submit to the State an application at 
such time, in such manner, and containing such in-
formation as the State may require. 
‘‘(4) PRIORITY.—In awarding subgrants under 
this subsection, a State shall give priority to applica-
tions that— 
‘‘(A) demonstrate the greatest need, ac-
cording to the results of the State’s conditions 
for learning surveys described in subsection 
(h)(2); and 
‘‘(B) propose to serve schools with the 
highest concentrations of poverty, based on the 
percentage of students receiving or are eligible 
to receive a free or reduced price lunch under 
the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1751 et seq.). 
‘‘(5) ACTIVITIES OF SUBGRANT RECIPIENTS.— 
Each recipient of a subgrant under this subsection 
shall, for the duration of the subgrant— 
‘‘(A) carry out activities— 
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‘‘(i) the need for which has been iden-
tified— 
‘‘(I) at a minimum, through the 
State’s conditions for learning meas-
urement system described in sub-
section (h); or 
‘‘(II) in the case of a State that 
has not yet implemented the learning 
measurement system described in sub-
section (h), through the State’s needs 
analysis 
described 
in 
subsection 
(d)(2)(D); 
‘‘(ii) that are part of a comprehensive 
strategy or framework to address such 
need; and 
‘‘(iii) that include 1 or more of the 
following— 
‘‘(I) drug and violence preven-
tion; 
‘‘(II) programs to promote men-
tal health; or 
‘‘(III) programs to promote phys-
ical activity, education, and fitness, 
and nutrition; 
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‘‘(B) ensure that each framework, inter-
vention, or program selected be based on sci-
entifically valid research and be used for the 
purpose for which such framework, interven-
tion, or program was found to be effective; 
‘‘(C) use school-level data from the State’s 
conditions for learning measurement system de-
scribed in subsection (h), to inform the imple-
mentation and continuous improvement of ac-
tivities carried out under this part; 
‘‘(D) use data from the statewide condi-
tions for learning measurement system to iden-
tify challenges outside of school or off school 
grounds (including the need for safe passages 
for students to and from school), and collabo-
rate with 1 or more community-based organiza-
tion to address such challenges; 
‘‘(E) collect, and report to the State edu-
cational agency, data for schools served by the 
subgrant recipient, in a manner consistent with 
the State’s conditions for learning measurement 
system described in subsection (h); 
‘‘(F) establish policies to expand access to 
quality physical activity opportunities, including 
local school wellness policies; 
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‘‘(G) if the local educational agency to be 
served through the grant does not have an ac-
tive school wellness council consistent with the 
requirements of the Child Nutrition Act of 
1966 (42 U.S.C. 1771 et seq.), establish such 
a school wellness council, which may be part of 
an existing school council that has the capacity 
and willingness to address school wellness; 
‘‘(H) engage family members and commu-
nity-based organizations in the development of 
conditions for learning surveys, and in the plan-
ning, implementation, and review of the 
subgrant recipient’s efforts under this part; 
‘‘(I) consider and accommodate the unique 
needs of students with disabilities and English 
learners in implementing activities; and 
‘‘(J) establish policies to expand access to 
quality counseling and mental health programs 
and services. 
‘‘(j) ACCOUNTABILITY.— 
‘‘(1) 
ESTABLISHMENT
OF
PERFORMANCE 
METRICS.—The Secretary, acting through the Direc-
tor of the Institute of Education Sciences, shall es-
tablish program performance metrics to measure the 
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effectiveness of the activities carried out under this 
part. 
‘‘(2) ANNUAL
REPORT.—Each State that re-
ceives a grant under this part shall prepare and sub-
mit an annual report to the Secretary, which shall 
include information relevant to the conditions for 
learning, including progress toward meeting out-
comes for the metrics established under paragraph 
(1). 
‘‘(k) EVALUATION.—From the amount reserved in 
accordance with section 9601, the Secretary, acting 
through the Director of the Institute of Education 
Sciences, shall conduct an evaluation of the impact of the 
practices funded or disseminated under this section. 
‘‘SEC. 4405. TECHNICAL ASSISTANCE. 
‘‘From the amount allocated under section 4403(3), 
the Secretary shall provide technical assistance to appli-
cants, recipients, and subgrant recipients of the programs 
funded under this part. 
‘‘SEC. 4406. FEDERAL AND STATE NONDISCRIMINATION 
LAWS. 
‘‘Nothing in this part shall be construed to invalidate 
or limit nondiscrimination principles or rights, remedies, 
procedures, or legal standards available to victims of dis-
crimination under any other Federal law or law of a State 
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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 and 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 Disabilities Act of 1990 (42 
U.S.C. 12101 et seq.). 
‘‘SEC. 4407. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this part such sums as may be necessary for fiscal year 
2014 and each of the 4 succeeding fiscal years.’’. 
SEC. 3. TABLE OF CONTENTS. 
The table of contents in section 2 of the Elementary 
and Secondary Education Act of 1965 is amended by in-
serting after the item relating to section 4304 the fol-
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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