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 
‘‘(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— 
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‘‘(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 
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. 
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‘‘(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)(4); 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 
and policies to combat bullying and harassment in elemen-
tary schools and secondary schools, including implementa-
tion of the requirements described in section 4402, includ-
ing whether such requirements have appreciably reduced 
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the level of the prohibited conduct and have conducted ef-
fective parent involvement and training programs. 
‘‘(b) DATA COLLECTION.—The Commissioner for 
Education Statistics shall collect data from States, that 
are subject to independent review, to determine the inci-
dence and frequency of conduct prohibited by the policies 
described in section 4402. 
‘‘(c) BIENNIAL REPORT.—Not later than January 1, 
2017, and every 2 years thereafter, the Secretary shall 
submit to the President and Congress a report on the find-
ings of the evaluation conducted under subsection (a) to-
gether with the data collected under subsection (b) and 
data submitted by the States under section 4403. 
‘‘SEC. 4405. 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 
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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 
procedures) available to individuals under, other Federal 
laws that establish protections for freedom of speech or 
expression. 
‘‘SEC. 4406. 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. Anti-bullying policies. 
‘‘Sec. 4403. State reports. 
‘‘Sec. 4404. Evaluation. 
‘‘Sec. 4405. Effect on other laws. 
‘‘Sec. 4406. Rule of construction.’’. 
Æ 
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