Safe Schools Improvement Act of 2021
This bill requires states to direct their local educational agencies (LEAs) to establish policies that prevent and prohibit bullying and harassment of elementary and secondary school students. In particular, these policies must prohibit bullying and harassment based on race, color, national origin, sex, sexual orientation, gender identity, disability, or religion.
Further, LEAs must provide (1) students, parents, and educational professionals with annual notice of the conduct prohibited in their disciplinary policies; (2) students and parents with grievance procedures that target such conduct; and (3) the public with annual data on the incidence and frequency of that conduct at the school and LEA level.
The Department of Education must conduct and report on an independent biennial evaluation of programs and policies to combat bullying and harassment in elementary and secondary schools. The National Center for Education Statistics must collect state data to determine the incidence and frequency of the conduct prohibited by LEA disciplinary policies.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4402 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4402
To address and take action to prevent bullying and harassment of
students.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 9, 2021
Ms. Sanchez (for herself, Mr. Katko, Mr. Takano, Mr. Fitzpatrick, Mr.
Pappas, Mr. Tonko, Mr. Brendan F. Boyle of Pennsylvania, Ms. Blunt
Rochester, Ms. Stevens, Mrs. Demings, Ms. Wilson of Florida, Mr. Brown,
Mr. Panetta, Ms. Bass, Ms. Waters, Ms. Pressley, Ms. Wild, Mr. Welch,
Mr. Keating, Mr. Suozzi, Ms. Norton, Mrs. Napolitano, Mr. Kilmer, Mr.
Foster, Mr. Soto, Ms. Garcia of Texas, Mr. Carson, Mr. Nadler, Ms.
Slotkin, Mr. Lowenthal, Ms. Ross, Ms. Newman, Ms. Williams of Georgia,
Mr. Trone, Ms. Craig, Mr. Krishnamoorthi, Mr. Swalwell, Ms. Strickland,
Mr. Bera, Mr. O'Halleran, Mr. Larson of Connecticut, Mr. Evans, Mr.
Carbajal, Ms. Houlahan, and Mr. Sires) introduced the following bill;
which was referred to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To address and take action to prevent bullying and harassment of
students.
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 ``Safe Schools Improvement Act of
2021''.
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, intimidation through gestures or social
exclusion, and sending insulting or offensive messages through
electronic communications, such as internet sites, e-mail,
instant messaging, mobile phones and messaging, telephone, or
any other means.
(4) Schools with enumerated anti-bullying and harassment
policies have an increased level of reporting and teacher
intervention in incidents of bullying 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 actual 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 acceptance.
(7) Interventions to address bullying and harassment should
incorporate evidence-based discipline policies and practices,
such as Positive Behavior Interventions and Supports (PBIS) and
other restorative practices that can minimize suspensions,
expulsions, and other exclusionary and harmful discipline
policies to ensure that students are not ``pushed-out'' or
diverted to the juvenile justice system.
(8) Perpetrators of bullying and harassment often have a
history of trauma or psychological distress, or have been
bullied themselves. These students, often discussed as ``bully-
victims'', require additional trauma-informed interventions and
consideration.
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 G--SAFE SCHOOLS IMPROVEMENT
``SEC. 4701. 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. 4702. ANTI-BULLYING POLICIES.
``(a) Bullying.--In this part, the term `bullying' means conduct
that adversely affects the ability of one or more students to
participate in or benefit from the school's educational programs or
activities by placing a student in fear of harm.
``(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:
``(1) Establish policies that prevent and prohibit conduct,
including bullying and harassment, that--
``(A) limits a student's ability to participate in,
or benefit from, a program or activity of a public
school or local educational agency; or
``(B) creates a hostile or abusive educational
environment, adversely affecting a student's education,
at a program or activity of a public school or local
educational agency, including 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 (including sexual orientation and
gender identity), disability, or religion;
``(B) the actual or perceived race, color, national
origin, sex (including sexual orientation and gender
identity), disability, or religion of a person with
whom a student associates or has associated; or
``(C) any other distinguishing characteristics that
may be defined by the State or local educational
agency.
``(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 educational agency's discipline
policies, including--
``(i) the name of the local educational
agency officials who are designated as
responsible for receiving such complaints; and
``(ii) timelines that the local educational
agency will establish in the resolution 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 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 responsible for such
conduct are not identifiable.
``SEC. 4703. STATE REPORTS.
``The chief executive officer of a State that receives a grant
under this title, in cooperation with the State educational agency,
shall submit a biennial report to the Secretary--
``(1) on the information reported by local educational
agencies in the State pursuant to section 4702(b)(4); and
``(2) describing the State's plans for supporting local
educational agency efforts to address the conduct prohibited by
the policies described in section 4702(b)(1).
``SEC. 4704. EVALUATION.
``(a) Biennial Evaluation.--The Secretary shall conduct an
independent biennial evaluation of programs and policies to combat
bullying and harassment in elementary schools and secondary schools,
including implementation of the requirements described in section 4702,
including whether such requirements have appreciably reduced the level
of the prohibited conduct and have conducted effective 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 incidence and frequency of conduct prohibited by the
policies described in section 4702.
``(c) Biennial Report.--Not later than January 1, 2022, and every 2
years thereafter, the Secretary shall submit to the President and
Congress a report on the findings of the evaluation conducted under
subsection (a) together with the data collected under subsection (b)
and data submitted by the States under section 4703.
``SEC. 4705. EFFECT ON OTHER LAWS.
``(a) Federal and State Nondiscrimination Laws.--Nothing in this
part shall be construed to invalidate or limit 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, 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.).
``(b) Free Speech and Expression Laws.--Nothing 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. 4706. 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 4644 the following:
``Part D--Safe Schools Improvement
``Sec. 4701. Purpose.
``Sec. 4702. Anti-bullying policies.
``Sec. 4703. State reports.
``Sec. 4704. Evaluation.
``Sec. 4705. Effect on other laws.
``Sec. 4706. Rule of construction.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
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