Successful, Safe, and Healthy Students Act of 2013 - Amends title IV (21st Century Schools) of the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award grants to states to: (1) develop, improve, and implement state reporting and information systems that measure conditions for learning, based on surveys of school students and staff; and (2) award competitive subgrants to local educational agencies (LEAs) or nonprofit organizations that use such measurement systems to make comprehensive improvements to school-level conditions for learning.
Identifies conditions conducive to learning as those that: (1) promote physical activity, education, fitness, and nutrition; (2) promote mental health; (3) prevent violence, harassment, and substance abuse among students; and (4) promote safe and supportive schools and communities.
Conditions a state's grant eligibility on the state: (1) having a statewide physical education requirement that is consistent with widely recognized standards; and (2) requiring its LEAs to establish policies that prevent and prohibit harassment in schools, to notify students, parents, and educational professionals of prohibited conduct each year, and to provide students and parents with grievance procedures that target such conduct.
Directs the Secretary to evaluate the programs this Act funds and provide technical assistance to program applicants, grantees, and subgrantees.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3122 Introduced in House (IH)]
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 Representatives 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 adding at the end the following new
part:
``PART D--SUCCESSFUL, SAFE, AND HEALTHY STUDENTS
``SEC. 4401. PURPOSE.
``The purpose of this part is to assist States and local
educational agencies in developing and implementing comprehensive
programs and strategies to foster positive conditions for learning in
public schools, in order to increase academic achievement for all
students through the provision of Federal assistance to States for
the--
``(1) promotion of student physical health and well-being,
nutrition, and fitness;
``(2) promotion of student mental health and well-being;
``(3) prevention of school violence, harassment, and
substance abuse among students; and
``(4) promotion of safe and supportive schools.
``SEC. 4402. DEFINITIONS.
``In this part:
``(1) Child and adolescent psychiatrist.--The term `child
and adolescent psychiatrist' means an individual who--
``(A) possesses State medical licensure; and
``(B) has completed residency training programs in
both general psychiatry and child and adolescent
psychiatry.
``(2) Conditions for learning.--The term `conditions for
learning' means conditions that--
``(A) advance student achievement and positive
child and youth development by proactively supporting
schools;
``(B) are applied 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;
``(C) promote physical, mental, and emotional
health;
``(D) ensure physical and emotional safety for
students and staff;
``(E) promote social, emotional, and character
development; and
``(F) have the following attributes:
``(i) Provide opportunities for physical
activity, good nutrition, and healthy living.
``(ii) Prevent the use and abuse of drugs.
``(iii) Ensure that the school environments
described in subparagraph (B) are--
``(I) free of weapons; and
``(II) free of harassment, abuse,
dating violence, and all other forms of
interpersonal aggression or violence.
``(iv) Do not condone or tolerate unhealthy
or harmful behaviors, including discrimination
of any kind.
``(v) Help staff and students to model
positive social and emotional skills, including
tolerance and respect for others.
``(vi) Promote concern for the well-being
of students, including through the presence of
caring adults.
``(vii) Ensure that the adults employed by
the school--
``(I) have high expectations for
student conduct, character, and
academic achievement and the capacity
to establish supportive relationships
with students; and
``(II) are provided specialized
training specific to the students'
stages of development.
``(viii) Engage families and community
members with the school in meaningful and
sustained ways, such as through case management
services, to promote positive student academic
achievement, developmental, and social growth,
including non-cognitive skill development.
``(ix) To the extent practicable, provide
access to school nurses, school counselors, and
school social workers for the promotion of
student physical health, mental health, and
well-being.
``(3) Controlled substance.--The term `controlled
substance' means a drug or other substance 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 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
alcohol, tobacco, and drugs; and
``(B) with respect to violence, the promotion 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
``(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 minimizing
students' removal from instruction and reducing
the frequency of discipline infractions and
disparities among the subgroups 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 activities
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 organization 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 consistent
with the State's conditions for learning
measurement system under section 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 program or
activity of a public school or educational agency,
including acts of verbal, nonverbal, or physical
aggression, intimidation, or 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 religion;
``(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
characteristics that may be enumerated by a
State or local educational agency.
``(8) Other qualified psychologist.--The term `other
qualified psychologist' means an individual who has
demonstrated competence in counseling 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 individual's
education, training, and experience with children in
school settings.
``(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 indicators shall include--
``(A) for the State, for each local educational
agency in the State, and for each elementary 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 measured against
established recommended guidelines 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;
``(C) for the State, for each local educational
agency in the State, and for each elementary 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 educational
agency in the State, the percentage of elementary
schools and secondary schools that have a physical
education teacher who is certified or licensed to teach
physical education and adapted physical education in
the State;
``(E) for each school in the State, the number 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 superintendent;
``(ii) may include parents, students,
representatives of the school food authority,
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 `prescription 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 section 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 developing
collaborative efforts between school-based
service systems and mental health service
systems to provide, enhance, or improve
prevention, diagnosis, and treatment services
to students, and to improve student social and
emotional competencies;
``(ii) enhancing the availability of--
``(I) crisis intervention services;
``(II) appropriate referrals for
students potentially in need of mental
health services, including suicide
prevention; 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
addressing the counseling, social,
emotional, behavioral, mental health,
and educational needs of all students;
``(II) use a developmental,
preventive approach to counseling and
mental health services;
``(III) are linguistically
appropriate and culturally responsive;
``(IV) increase the range,
availability, quantity, and quality of
counseling and mental health services
in the elementary schools and secondary
schools of the local educational
agency;
``(V) expand counseling and mental
health services through--
``(aa) school counselors,
school social workers, school
psychologists, other qualified
psychologists, child and
adolescent psychiatrists, or
other qualified health or
mental health professionals,
such as school nurses; and
``(bb) school-based mental
health services partnership
programs;
``(VI) use innovative approaches
to--
``(aa) increase children's
understanding of peer and
family relationships, work and
self, decisionmaking, or
academic and career planning;
or
``(bb) improve peer
interaction;
``(VII) provide counseling and
mental health services in settings that
meet the range of student needs;
``(VIII) include professional
development appropriate to the
activities covered in this paragraph
for teachers, school leaders,
instructional staff, and appropriate
school personnel, including training in
appropriate identification and early
intervention techniques by school
counselors, school social 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 toward--
``(aa) a 1:250 ratio of
school counselors to students,
as recommended by the American
School Counselor Association;
``(bb) a 1:250 ratio of
school social workers to
students, as recommended by the
School Social Work Association
of America;
``(cc) a 1:700 ratio of
school psychologists to
students, as recommended by the
National Association of School
Psychologists; and
``(dd) a 1:750 ratio of
school nurses to students in
the general population, a 1:225
ratio for students 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
counselors, school psychologists, other
qualified psychologists, school social
workers, or child and adolescent
psychiatrists paid from funds made
available under the programs spend a
majority of their time counseling or
providing mental health services to
students or in other activities
directly related to counseling or
providing such services;
``(C) provide training for the school personnel,
health professionals (such as school nurses), and
mental health professionals who will participate in the
programs; and
``(D) provide technical assistance and consultation
to school systems, mental health agencies, and families
participating in the programs.
``(12) Programs to promote physical activity, education,
and fitness, and nutrition.--The term `programs to promote
physical activity, 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 professional
development to encourage and increase such
participation;
``(B) are comprehensive in nature;
``(C) include opportunities for professional
development for teachers of physical education 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
activities:
``(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 physical
activity.
``(v) Instruction in healthy eating habits
and good nutrition.
``(13) School-based mental health services partnership
program.--The term `school-based mental health services
partnership program' means a program that--
``(A) includes a public or private mental health
entity or health care entity and may include a child
welfare agency, family-based mental 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 development for
school and community service personnel working in the
school;
``(D) includes the early identification of social,
emotional, or behavioral problems, or substance 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 implementation
of programs to assist children in dealing with trauma
and violence;
``(G) includes the development of mechanisms, based
on best practices, for children to report incidents of
violence or plans by other children or adults to commit
violence;
``(H) is based on trauma-informed and evidence-
based practices;
``(I) is coordinated, where appropriate, with early
intervening services carried out under the Individuals
with Disabilities Education 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 authority;
``(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 organization; or
``(C) holds a minimum of a master's degree in
school counseling from a program accredited by the
Council for Accreditation of Counseling and Related
Educational Programs or the equivalent.
``(15) School health indicators.--The term `school health
indicators' means a set of measurements for determining the
number of students seen in the school health office with, or
for, social and emotional disturbances, abuse and neglect,
substance 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;
``(B) is licensed or certified in school psychology
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 organization.
``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 percent 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, distributed 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 section 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 reserved under
paragraph (1) is less than $30,000,000, all of such
remainder for the State conditions for learning
measurement systems 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 comprehensive 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 conditions for
learning measurement system described in subsection
(h).
``(b) State Grants.--
``(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 purpose of this section.
``(2) Awards to states.--
``(A) Formula grants.--Except as provided 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 Secretary 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 subparagraph.
``(ii) Puerto rico.--The amount allotted
under subparagraph (A) to the Commonwealth of
Puerto Rico for a fiscal year may not exceed
one-half of 1 percent of the total amount
allotted under such subparagraph 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 subsection (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 Secretary that the State
has--
``(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, students,
and educational professionals describing the
full range of prohibited conduct 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 policies,
including--
``(I) the name of the local
educational agency official who is
designated as responsible for receiving
such complaints; and
``(II) timelines that the local
educational agency will follow in the
resolution of such complaints.
``(d) Applications.--
``(1) In general.--A State that desires to receive a grant
under this section shall submit an application at such time, in
such manner, and containing such information as the Secretary
may require.
``(2) Content of application.--At a minimum, the
application shall include--
``(A) documentation of the State's eligibility 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 alternatives to school
suspension that minimize students' removal from grade-
level instruction, promote 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 consistent with the requirements of this
part;
``(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 statewide
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 analysis 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 participate in such
system;
``(ii) ensure the quality and validity of
the State's conditions for learning data
collection, including the State's plan for
survey administration as required under
subsection (h)(2)(A) and for ensuring the
reliability and validity of survey instruments;
``(iii) coordinate the proposed activities
with other Federal and State programs,
including programs funded under this part,
which may include programs to expand learning
time and for before- and after-school
programming in order to provide 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 funding
sources in order to support a coherent and
nonduplicative program;
``(v) solicit and approve subgrant
applications, 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
subparagraph (D) in the State's
distribution of subgrants;
``(vi) address the needs of diverse
geographic areas in the State, including rural
and urban communities;
``(vii) provide assistance to local
educational agencies and schools in their
efforts to prevent and appropriately respond to
incidents of harassment, including building 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
educational agencies and schools in their
efforts to implement positive, preventative
approaches to school discipline, such as
schoolwide positive behavior supports and
interventions and restorative justice, that
improve student engagement while minimizing
students' removal from instruction and reducing
the frequency of discipline infractions and
disciplinary disparities among the subgroups of
students described in section 1116(b)(2)(B);
``(ix) provide assistance to local
educational agencies and schools in their
efforts to increase the provision of physical
activity and physical education opportunities
during the school day and implement programs to
promote physical activity, education, and
fitness, and nutrition; and
``(x) provide assistance to local
educational agencies and schools in their
efforts to improve 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 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 more than 5 years in
accordance with this subsection.
``(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, technical assistance, and
the development, improvement, and implementation of the State's
conditions for learning measurement system, as described in
subsection (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--
``(1) not later than 1 year after receipt of the grant,
develop, adapt, improve, or adopt and implement the statewide
conditions for learning measurement 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 assessments of student, school staff, and
family perceptions, 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 learning measurement
system to--
``(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, education,
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 consultation with
a variety of stakeholders, including families,
students, school officials, and other organizations
with nutrition education expertise; and
``(B) regularly monitor schools' efforts in
improving nutrition understanding and healthy eating
among students;
``(8) encourage local educational agencies to implement
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 subsection (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 reporting and information
system that measures conditions for learning in the State and
is part of the State's 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 agencies, 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 placements in
alternative schools) by student;
``(iv) the frequency, seriousness, and
incidence of violence and drug-related offenses
resulting in disciplinary action in elementary
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 harassment, by
youth and school personnel in schools and
communities;
``(vi) school health indicators, including
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 mental
health professional qualified under State law
to provide such services to students 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 aggregate and
disaggregated by the categories of race, ethnicity,
gender, disability status, migrant 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 regulations, including
section 444 of the General Education Provisions Act (20
U.S.C. 1232g, commonly 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 Investigation's Uniform
Crime Reports categories, but shall not identify
victims of crimes or persons accused of crimes; and the
collected data shall include incident reports by school
officials, anonymous student surveys, and anonymous
teacher surveys;
``(B) the performance metrics that are established
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 recipients
shall use the data for planning and continuous
improvement of activities implemented under this part,
and may collect data for indicators 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 eligible local applicants--
``(i) based on need as identified by--
``(I) the State's conditions for
learning measurement system described
in subsection (h); or
``(II) in the case of a State for
which the learning measurement system
described in subsection (h) is not yet
implemented, other data determined
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
achieving 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 assistance to subgrant
applicants and recipients in the selection of
scientifically valid programs and interventions.
``(C) Partnerships allowed.--An eligible 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 subgrants under this
section, each State shall ensure 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 programs to promote
mental health; and
``(iii) not less than 20 percent of
subgrant funds are used to carry out programs
to promote physical activity, education, and
fitness, and nutrition.
``(B) Rule of construction.--Nothing in this
paragraph shall be construed to require States, in
making subgrants to eligible local applicants, to
require the eligible local applicants 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 subsection shall
submit to the State an application at such time, in such
manner, and containing such information as the State may
require.
``(4) Priority.--In awarding subgrants under this
subsection, a State shall give priority to applications that--
``(A) demonstrate the greatest need, according 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--
``(i) the need for which has been
identified--
``(I) at a minimum, through the
State's conditions for learning
measurement system described in
subsection (h); or
``(II) in the case of a State that
has not yet implemented the learning
measurement system described in
subsection (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 prevention;
``(II) programs to promote mental
health; or
``(III) programs to promote
physical activity, education, and
fitness, and nutrition;
``(B) ensure that each framework, intervention, or
program selected be based on scientifically valid
research and be used for the purpose for which such
framework, intervention, or program was found to be
effective;
``(C) use school-level data from the State's
conditions for learning measurement system described in
subsection (h), to inform the implementation and
continuous improvement of activities carried out under
this part;
``(D) use data from the statewide conditions for
learning measurement system to identify challenges
outside of school or off school grounds (including the
need for safe passages for students to and from
school), and collaborate with 1 or more community-based
organization to address such challenges;
``(E) collect, and report to the State educational
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;
``(G) if the local educational agency to be served
through the grant does not have an active 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 community-based
organizations in the development of conditions for
learning surveys, and in the planning, 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 Director of the Institute of Education
Sciences, shall establish program performance metrics to
measure the effectiveness of the activities carried out under
this part.
``(2) Annual report.--Each State that receives a grant
under this part shall prepare and submit an annual report to
the Secretary, which shall include information relevant to the
conditions for learning, including progress toward meeting
outcomes 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 applicants, 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 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 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 inserting after the item relating
to section 4304 the following:
``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.
``Sec. 4406. Federal and State nondiscrimination laws.
``Sec. 4407. Authorization of appropriations.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line