‘‘(ii) in a manner consistent with the 
guidance provided under subsection (g); 
and 
‘‘(B) allows for State-by-State comparison 
and the evaluation described in subsection (i). 
‘‘(5) SECRETARIAL
DUTIES.—The Secretary 
shall— 
‘‘(A) review the school crime statistics sub-
mitted under paragraph (1)(B)(ii); 
‘‘(B) report to Congress on the school 
crime statistics; and 
‘‘(C) make such information publicly avail-
able. 
‘‘(6) IDENTIFICATION
OF
INDIVIDUALS.—The 
school crime statistics collected and published under 
paragraph (1) may not identify victims of crimes or 
persons accused of crimes. 
‘‘(7) INADMISSIBILITY
OF
EVIDENCE.—Not-
withstanding any other provision of law, evidence re-
garding compliance or noncompliance with this sub-
section shall not be admissible as evidence in any 
proceeding of any court, agency, board, or other en-
tity, except with respect to an action to enforce this 
subsection. 
‘‘(d) FBI INFORMATION.— 
VerDate Mar 15 2010 
00:42 Oct 14, 2010
Jkt 099200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6362.IH
H6362
tjames on DSKG8SOYB1PROD with BILLS
‘‘(1) REPORT
ON
INDICATORS
OF
SCHOOL 
CRIME AND SAFETY.—The Secretary shall request 
the Director of the Federal Bureau of Investigation 
to make available for inclusion in the annual report 
on Indicators of School Crime and Safety, produced 
jointly by the National Center for Education Statis-
tics and the Bureau of Justice Statistics of the De-
partment of Justice, any data or other information 
the Federal Bureau of Investigation has available 
through the Uniform Crime Reporting System or 
National Incident-Based Reporting System on the 
occurrence and incidence of school-related crime in 
elementary schools and secondary schools. 
‘‘(2) AVAILABILITY TO STATES.—The Secretary 
shall make available any data or other information 
it receives from the Federal Bureau of Investigation 
under paragraph (1) to the States for consideration 
when determining which schools do not have a safe 
climate for academic achievement for purposes of 
subsection (a). 
‘‘(e) EVALUATIONS BY STATES.—As a condition of 
receiving funds under part A of title I, each State shall, 
on an ongoing basis, using verifiable documentation, mon-
itor and evaluate the extent to which local educational 
agencies are in compliance with this section. 
VerDate Mar 15 2010 
00:42 Oct 14, 2010
Jkt 099200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H6362.IH
H6362
tjames on DSKG8SOYB1PROD with BILLS
‘‘(f) CERTIFICATION.—As a condition of receiving 
funds under part A of title I, a State shall certify in writ-
ing to the Secretary that the data and crime statistics 
used are verifiable and that the State is in compliance with 
this section. 
‘‘(g) BEST PRACTICES.—The Secretary shall provide 
to States guidance on best practices for implementing and 
monitoring the policies required by this section. 
‘‘(h) HANDBOOK
FOR SCHOOL CRIME, OFFENSE, 
AND INCIDENT REPORTING.— 
‘‘(1) IN GENERAL.—Not later than 6 months 
after the date of enactment of the SAVE Act, the 
Secretary shall publish a handbook for school crime, 
offense, and incident reporting, modeled after the 
Handbook for Campus Crime Reporting published 
by the Office of Postsecondary Education of the De-
partment of Education, to— 
‘‘(A) provide clear guidance to States and 
local educational agencies on specifically which 
crimes, offenses, and incidents must be reported 
to meet the reporting and crime disclosure re-
quirements of this section; 
‘‘(B) provide assistance to States and local 
educational agencies and explanations in a step- 
VerDate Mar 15 2010 
00:42 Oct 14, 2010
Jkt 099200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H6362.IH
H6362
tjames on DSKG8SOYB1PROD with BILLS
by-step and readable manner with respect to 
the reporting requirements; 
‘‘(C) provide contact information at the 
Department of Education if further assistance 
is necessary; and 
‘‘(D) recommendations of the Secretary on 
using consistent national definitions for the 
crimes, offenses, and incidents which are re-
quired to be reported pursuant to this section. 
‘‘(i) PERIODIC EVALUATION.—The Inspector General 
of the Department of Education shall conduct an inde-
pendent annual evaluation of the extent to which States 
are in compliance with this section. Each annual evalua-
tion shall cover a sample of States selected on a rotating 
basis. 
‘‘(j) RULES OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to— 
‘‘(1) authorize the Secretary to require par-
ticular policies, procedures, or practices by schools 
and local educational agencies with respect to crimes 
committed at school, on school grounds, or at school- 
sponsored activities; 
‘‘(2) confer a private right of action upon any 
person to enforce this section; 
VerDate Mar 15 2010 
00:42 Oct 14, 2010
Jkt 099200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H6362.IH
H6362
tjames on DSKG8SOYB1PROD with BILLS
‘‘(3) require the reporting or disclosure of privi-
leged information; 
‘‘(4) create a cause of action against any school 
or any employee of a school for any civil liability or 
establish any standard of care; or 
‘‘(5) permit a school, or an officer, employee, or 
agent of a school, participating in any program 
under this Act to retaliate, intimidate, threaten, co-
erce, or otherwise discriminate against any indi-
vidual with respect to the implementation of any 
provision of this section. 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) BULLYING.—The term ‘bullying’ means 
conduct that— 
‘‘(A) adversely affects the ability of one or 
more students to participate in or benefit from 
a school’s educational programs or activities by 
placing the student (or students) in reasonable 
fear of physical harm; and 
‘‘(B) includes conduct that is based on— 
‘‘(i) a student’s actual or perceived— 
‘‘(I) race; 
‘‘(II) color; 
‘‘(III) national origin; 
‘‘(IV) sex; 
VerDate Mar 15 2010 
00:42 Oct 14, 2010
Jkt 099200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H6362.IH
H6362
tjames on DSKG8SOYB1PROD with BILLS