I 
113TH CONGRESS 
1ST SESSION H. R. 1199 
To amend the Elementary and Secondary Education Act of 1965 to address 
and take action to prevent bullying and harassment of students. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 14, 2013 
Ms. LINDA T. SA´NCHEZ of California (for herself, Ms. BASS, Ms. BORDALLO, 
Mr. BRALEY of Iowa, Ms. BROWN of Florida, Mrs. CAPPS, Mr. CAPUANO, 
Mr. CARSON of Indiana, Ms. CASTOR of Florida, Mr. CICILLINE, Ms. 
CLARKE, Mr. CLAY, Mr. CLEAVER, Mr. CONYERS, Mr. CUMMINGS, Mrs. 
DAVIS of California, Ms. DELAURO, Mr. DEUTCH, Mr. ELLISON, Mr. AL 
GREEN of Texas, Mr. GRIJALVA, Mr. GUTIERREZ, Mr. HANNA, Mr. HAS-
TINGS of Florida, Mr. HIMES, Mr. HORSFORD, Ms. JACKSON LEE, Ms. 
EDDIE BERNICE JOHNSON of Texas, Mr. LANGEVIN, Ms. LEE of Cali-
fornia, Mr. LEVIN, Mr. LEWIS, Mr. LOEBSACK, Ms. LOFGREN, Mr. 
LOWENTHAL, Mr. LYNCH, Mr. SEAN PATRICK MALONEY of New York, 
Mr. MATHESON, Ms. MCCOLLUM, Mr. MCDERMOTT, Mr. MCGOVERN, 
Mr. MICHAUD, Mr. MORAN, Mr. NADLER, Mrs. NAPOLITANO, Mr. NEAL, 
Ms. NORTON, Ms. PINGREE of Maine, Mr. POCAN, Mr. POLIS, Mr. PRICE 
of North Carolina, Ms. ROS-LEHTINEN, Mr. RYAN of Ohio, Mr. SCHIFF, 
Ms. SEWELL of Alabama, Mr. SIRES, Ms. SLAUGHTER, Mr. SMITH of 
Washington, Ms. SPEIER, Mr. THOMPSON of California, Ms. TITUS, Mr. 
TONKO, Ms. TSONGAS, Mr. VAN HOLLEN, Ms. WASSERMAN SCHULTZ, 
and Mr. YARMUTH) 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 address and take action to prevent bullying 
and harassment of students. 
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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 ‘‘Safe Schools Improve-
ment Act of 2013’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Bullying and harassment foster a climate of 
fear and disrespect that can seriously impair the 
physical and psychological health of its victims and 
create conditions that negatively affect learning, 
thereby undermining the ability of students to 
achieve their full potential. 
(2) Bullying and harassment contribute to high 
dropout rates, increased absenteeism, and academic 
underachievement. 
(3) Bullying and harassment include a range of 
behaviors that negatively impact a student’s ability 
to learn and participate in educational opportunities 
and activities that schools offer. Such behaviors can 
include hitting or punching, name-calling, intimida-
tion through gestures or social exclusion, and send-
ing insulting or offensive messages through elec-
tronic communications, such as internet sites, e- 
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mail, instant messaging, mobile phones and mes-
saging, telephone, or any other means. 
(4) Schools with enumerated anti-bullying and 
harassment policies have an increased level of re-
porting and teacher intervention in incidents of bul-
lying and harassment, thereby reducing the overall 
frequency and number of such incidents. 
(5) Students have been particularly singled out 
for bullying and harassment on the basis of their ac-
tual or perceived race, color, national origin, sex, 
disability status, sexual orientation, gender identity, 
or religion, among other categories. 
(6) Some young people experience a form of 
bullying called relational aggression or psychological 
bullying, which harms individuals by damaging, 
threatening, or manipulating their relationships with 
their peers, or by injuring their feelings of social ac-
ceptance. 
(7) Interventions to address bullying and har-
assment conduct to create a positive and safe school 
climate, combined with evidence-based discipline 
policies and practices, such as Positive Behavior 
Interventions and Supports (PBIS) and restorative 
practices, can minimize suspensions, expulsions, and 
other exclusionary discipline policies to ensure that 
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students are not ‘‘pushed-out’’ or diverted to the ju-
venile justice system. 
(8) According to one poll, 85 percent of Ameri-
cans strongly support or somewhat support a Fed-
eral law to require schools to enforce specific rules 
to prevent bullying. 
(9) Students, parents, educators, and policy-
makers have come together to call for leadership and 
action to address the national crisis of bullying and 
harassment. 
SEC. 3. SAFE SCHOOLS IMPROVEMENT. 
(a) IN GENERAL.—Title IV of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7101 et 
seq.) is amended by adding at the end the following: 
‘‘PART D—SAFE SCHOOLS IMPROVEMENT 
‘‘SEC. 4401. PURPOSE. 
‘‘The purpose of this part is to address the problem 
of bullying and harassment conduct of students in public 
elementary schools and secondary schools. 
‘‘SEC. 4402. ANTI-BULLYING POLICIES. 
‘‘(a) BULLYING.—In this part, the term ‘bullying’ in-
cludes cyber-bullying through electronic communications. 
‘‘(b) POLICIES.—A State that receives a grant under 
this title shall require all local educational agencies in the 
State to carry out the following: 
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‘‘(1) Establish policies that prevent and prohibit 
conduct, including bullying and harassment, that is 
sufficiently severe, persistent, or pervasive— 
‘‘(A) to limit a student’s ability to partici-
pate in, or benefit from, a program or activity 
of a public school or local educational agency; 
or 
‘‘(B) to create a hostile or abusive edu-
cational environment, adversely affecting a stu-
dent’s education, at a program or activity of a 
public school or local educational agency, in-
cluding acts of verbal, nonverbal, or physical 
aggression or intimidation. 
‘‘(2) The policies required under paragraph (1) 
shall include a prohibition of bullying or harassment 
conduct based on— 
‘‘(A) a student’s actual or perceived race, 
color, national origin, sex, disability, sexual ori-
entation, gender identity, or religion; 
‘‘(B) the actual or perceived race, color, 
national origin, sex, disability, sexual orienta-
tion, gender identity, or religion of a person 
with whom a student associates or has associ-
ated; or 
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‘‘(C) any other distinguishing characteris-
tics that may be defined by the State or local 
educational agency, including being homeless or 
the child or ward of a member of the Armed 
Forces. 
‘‘(3) Provide— 
‘‘(A) annual notice to students, parents, 
and educational professionals describing the full 
range of prohibited conduct contained in such 
local educational agency’s discipline policies; 
and 
‘‘(B) grievance procedures for students or 
parents to register complaints regarding the 
prohibited conduct contained in such local edu-
cational agency’s discipline policies, including— 
‘‘(i) the name of the local educational 
agency officials who are designated as re-
sponsible for receiving such complaints; 
and 
‘‘(ii) timelines that the local edu-
cational agency will establish in the resolu-
tion of such complaints. 
‘‘(4) Collect annual incidence and frequency of 
incidents data about the conduct prohibited by the 
policies described in paragraph (1) at the school 
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building level that are accurate and complete and 
publicly report such data at the school level and 
local educational agency level. The local educational 
agency shall ensure that victims or persons respon-
sible for such conduct are not identifiable. 
‘‘(5) Encourage positive and preventative ap-
proaches to school discipline that minimize students’ 
removal from instruction and ensure that students, 
including students described in paragraph (2), are 
not subject to disproportionate punishment. 
‘‘SEC. 4403. STATE REPORTS. 
‘‘The chief executive officer of a State that receives 
a grant under this title, in cooperation with the State edu-
cational agency, shall submit a biennial report to the Sec-
retary— 
‘‘(1) on the information reported by local edu-
cational agencies in the State pursuant to section 
4402(b)(5); and 
‘‘(2) describing the State’s plans for supporting 
local educational agency efforts to address the con-
duct prohibited by the policies described in section 
4402(b)(1). 
‘‘SEC. 4404. EVALUATION. 
‘‘(a) BIENNIAL EVALUATION.—The Secretary shall 
conduct an independent biennial evaluation of programs 
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