S 919

112th CONGRESS
1st Session

S. 919

To authorize grant programs to ensure successful, safe, and healthy students.

IN THE SENATE OF THE UNITED STATES

May 9, 2011

Mr. HARKIN (for himself and Mrs. GILLIBRAND) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions


A BILL

To authorize grant programs to ensure successful, safe, and healthy 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 `Successful, Safe, and Healthy Students Act of 2011'.

SEC. 2. PURPOSE.

    The purpose of this Act is to assist States 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--

      (1) promotion of student physical health and well-being, nutrition, and fitness;

      (2) promotion of student mental health and well-being;

      (3) prevention of violence, harassment (which includes bullying), and substance abuse among students; and

      (4) promotion of safe and supportive schools.

SEC. 3. DEFINITIONS.

    In this Act:

      (1) CHILD AND ADOLESCENT PSYCHIATRIST; OTHER QUALIFIED PSYCHOLOGIST; SCHOOL COUNSELOR; SCHOOL PSYCHOLOGIST; SCHOOL SOCIAL WORKER- The terms `child and adolescent psychiatrist', `other qualified psychologist', `school counselor', `school psychologist', and `school social worker' shall have the meanings given the terms in section 5421(e) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7245(e)).

      (2) CONDITIONS FOR LEARNING- The term `conditions for learning' means conditions that advance student achievement and positive child and youth development by proactively supporting schools (inclusive of in and around the school building, pathways to and from the school and students' homes, school-sponsored activities, and electronic and social media involving students or school personnel) that--

        (A) promote physical, mental, and emotional health;

        (B) ensure physical and emotional safety for students and staff;

        (C) promote social, emotional, and character development; and

        (D) have the following attributes:

          (i) Provide opportunities for physical activity, good nutrition, and healthy living.

          (ii) Are free of harassment (which includes bullying), abuse, dating violence, and all other forms of interpersonal aggression or violence.

          (iii) Prevent use and abuse of drugs (including tobacco, alcohol, illegal drugs, and unauthorized use of pharmaceuticals).

          (iv) Are free of weapons.

          (v) Do not condone or tolerate unhealthy or harmful behaviors, including discrimination of any kind.

          (vi) Help staff and students to model positive social and emotional skills, including tolerance and respect for others.

          (vii) Promote concern for the well-being of students, including through the presence of caring adults.

          (viii) Employ adults who have--

            (I) high expectations for student conduct, character, and academic achievement; and

            (II) the capacity to establish supportive relationships with students.

          (ix) Engage families and community members in meaningful and sustained ways to promote positive student academic achievement, developmental, and social outcomes.

      (3) CONDITIONS FOR LEARNING MEASUREMENT SYSTEM-

        (A) IN GENERAL- The term `conditions for learning measurement system' means a State reporting and information system that measures conditions for learning in the State and is, to the extent possible, part of the State's statewide longitudinal data system and with the State's system for reporting the data required under section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311).

        (B) DESCRIPTION OF SYSTEM- Such system shall--

          (i) contain, at a minimum, data from valid and reliable surveys of students and staff and the indicators in clause (ii) that allow staff at the State, local educational agencies, and schools to examine and improve school-level conditions for learning;

          (ii) collect school-level data on--

            (I) physical education indicators;

            (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; and

            (V) the incidence and prevalence, age of onset, perception of health risk, and perception of social disapproval of drug use and violence, including harassment (which includes bullying), by youth and school personnel in schools and communities;

          (iii) collect and report data, including, at a minimum, the data described in subclauses (II), (III), and (V) of clause (ii), 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;

          (iv) 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

          (v) to the extent possible, utilize a web-based reporting system.

        (C) COMPILING STATISTICS- In compiling the statistics required to measure conditions for learning in the State--

          (i) the offenses described in subparagraph (B)(ii)(IV) shall be defined pursuant to the State's criminal code, and aligned to the extent possible, 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;

          (ii) the performance metrics that are established under section 5(i) shall be collected and the performance on such metrics shall be defined and reported uniformly statewide;

          (iii) the State shall collect, analyze, and use the data under subparagraph (B)(ii), as required under section 5(g)(5), at least annually, except the indicators under subparagraph (B)(ii)(V) may be collected, at a minimum, every 2 years; and

          (iv) grant recipients and subgrant recipients shall use the data for planning and continuous improvement of activities implemented under this Act, 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).

      (4) 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 (including tobacco, alcohol, illegal drugs, and unauthorized use of pharmaceuticals) to--

          (i) raise awareness about the costs and consequences of substance 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 on school premises, going to and from school, and at school-sponsored activities, through the creation and maintenance of a school environment that--

          (i) is free of weapons;

          (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 restorative justice, that improve student engagement while minimizing students' removal from instruction and reducing disparities among the subgroups of students described in section 1111(b)(2)(C)(v) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)); and

          (iv) demonstrates preparedness and readiness to respond to, and recover from, incidents of school violence, such that students and school personnel are free from--

            (I) violent and disruptive acts;

            (II) harassment (which includes bullying);

            (III) sexual harassment, dating violence, and abuse; and

            (IV) victimization associated with prejudice and intolerance.

      (5) ELIGIBLE LOCAL APPLICANT- The term `eligible local applicant' means a local educational agency, a consortium of local educational agencies, or a nonprofit organization that has a track record of success in implementing the proposed activities and has signed a memorandum of understanding with a local educational agency or consortium of local educational agencies to--

        (A) implement school-based activities; and

        (B) conduct school-level measurement of conditions for learning that are consistent with this Act.

      (6) HARASSMENT- The term `harassment' means conduct, including bullying, that is sufficiently severe, persistent, or pervasive to limit a student's ability to participate in or benefit from a program or activity of a public school or educational agency, or to create a hostile or abusive educational environment at a program or activity of a public school or educational agency, including acts of verbal, nonverbal, or physical aggression, intimidation, or hostility, if such conduct is based on--

        (A) a student's actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion;

        (B) 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

        (C) any other distinguishing characteristics that may be defined by a State or local educational agency.

      (7) LOCAL EDUCATIONAL AGENCY- The term `local educational agency' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

      (8) 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 be publicly reported annually in the State's conditions for learning measurement system, and shall include--

        (A) for the State, for each local educational agency in the State, and for each school in the State, the average number of minutes that all students spend in required physical education, and the average number of minutes 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 school in the State, the percentage of elementary school and secondary school physical education teachers who are State licensed or certified to teach physical education;

        (D) for the State, and for each local educational agency in the State, the percentage of schools that have a State certified or licensed physical education teacher certified in adapted physical education; and

        (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.

      (9) PROGRAMS TO PROMOTE MENTAL HEALTH- The term `programs to promote mental health' means programs that--

        (A) develop students' social and emotional competencies; and

        (B) link students with local mental health systems as follows:

          (i) Enhance, improve, or develop 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 emotional competencies.

          (ii) Enhance the availability of crisis intervention services, appropriate referrals for students potentially in need of mental health services, including suicide prevention, and ongoing mental health services.

          (iii) Provide training for the school personnel and mental health professionals who will participate in the program.

          (iv) Provide technical assistance and consultation to school systems, mental health agencies, and families participating in the program.

          (v) Provide 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 school counselors, school social workers, school psychologists, other qualified psychologists, or child and adolescent psychiatrists;

            (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, or child and adolescent psychiatrists;

            (IX) ensure a team approach to school counseling and mental health services in the schools served by the local educational agency;

            (X) ensure work toward ratios recommended--

(aa) by the American School Counselor Association of 1 school counselor to 250 students;

(bb) by the School Social Work Association of America of 1 school social worker to 400 students; and

(cc) by the National Association of School Psychologists of 1 school psychologist to 700 students; 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 this program spend a majority of their time counseling or providing mental health services to students or in other activities directly related to such processes.

      (10) PROGRAMS TO PROMOTE PHYSICAL ACTIVITY, EDUCATION, FITNESS, AND NUTRITION- The term `programs to promote physical activity, education, fitness, and nutrition' means programs that increase and enable active student participation in physical well-being activities and provide teacher professional development. Such programs shall be comprehensive in nature, and 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 1 or more of the following activities:

        (A) Fitness education and assessment to help students understand, improve, or maintain their physical well-being.

        (B) Instruction in a variety of motor skills and physical activities designed to enhance the physical, mental, social, and emotional development of every student.

        (C) Development of, and instruction in, cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle.

        (D) Opportunities to develop positive social and cooperative skills through physical activity.

        (E) Instruction in healthy eating habits and good nutrition.

      (11) SECRETARY- The term `Secretary' means the Secretary of Education.

      (12) STATE- The term `State' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

SEC. 4. RESERVATIONS.

    From amounts made available under section 9, the Secretary shall reserve--

      (1) for the first 3 years for which funding is made available under such section to carry out this Act--

        (A) not more than 30 percent of such amounts or $30,000,000, whichever amount is more, for State conditions for learning measurement system grants, distributed to every State (by an application process consistent with section 5(d)(1)) in an amount proportional to each State's share of funding under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), to develop the State's conditions for learning measurement system, and to conduct a needs analysis to meet the requirements of section 5(d)(2)(D); and

        (B) not more than 68 percent of such amounts for Successful, Safe, and Healthy Students State Grants under section 5;

      (2) for the fourth year and each subsequent year for which funding is made available under section 9 to carry out this Act, not less than 98 percent of such amounts for Successful, Safe, and Healthy Students State Grants under section 5; and

      (3) in each year for which funding is made available under section 9 to carry out this Act, not more than 2 percent of such amounts for technical assistance and evaluation.

SEC. 5. SUCCESSFUL, SAFE, AND HEALTHY STUDENTS STATE GRANTS.

    (a) Purpose- The purpose of this section is to provide funding to States to implement comprehensive programs that address conditions for learning in schools in the State. Such programs shall be based on--

      (1) scientifically valid research; and

      (2) an analysis of need that considers, at a minimum, the indicators in the conditions for learning measurement system.

    (b) State Grants-

      (1) IN GENERAL- From amounts reserved under section 4 for Successful, Safe, and Healthy Students State Grants, the Secretary shall award grants to States to carry out the purpose of this section.

      (2) AWARDS TO STATES-

        (A) FORMULA GRANTS- If the total amount reserved under section 4 for Successful, Safe, and Healthy Students State Grants for a fiscal year is $500,000,000 or more, the Secretary shall allot to each State 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 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) by such State for such fiscal year bears to the amount received under such part for such fiscal year by all States.

        (B) COMPETITIVE GRANTS-

          (i) IN GENERAL- If the total amount reserved under section 4 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 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 that it 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 (which includes bullying) in schools; and

        (B) provide--

          (i) annual notice to parents and students 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 officials who are 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 (which includes bullying) in schools 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 the program 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 Act;

        (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 Act;

        (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 (C); and

        (F) a description of how the State will--

          (i) develop, adopt, adapt, or 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 of the State's conditions for learning data collection, including the State's plan for survey administration 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 Act, which may include programs to expand learning time and for before- and after-school programming in order to provide sufficient time to carry out the activities described in this Act;

          (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 non-duplicative 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 (h)(2); and

            (II) consider the results of the analysis described in subparagraph (C) 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 (which includes bullying), 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; and

          (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 restorative justice, that improve student engagement while minimizing students' removal from instruction and reducing significant school discipline rates and disciplinary disparities among the subgroups of students described in section 1111(b)(2)(C)(v) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)).

      (3) PEER REVIEW- 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 competitive 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 (i).

    (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 paragraphs (1) through (5) of subsection (g); 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 a statewide conditions for learning measurement system (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 students, 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 school level and district level, the data collected in the conditions for learning measurement system each year in a timely and highly accessible manner;

      (5) use, on a continuous basis, the results of the 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 the lowest-performing schools (consistent with section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316)) and schools with significant conditions for learning weaknesses as identified through the conditions for learning measurement system with implementation of activities under this Act; and

      (6) award subgrants, consistent with subsection (h), to eligible local applicants.

    (h) 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 (which may apply in partnership with 1 or more community-based organizations)--

          (i) based on need as identified by data from State and local conditions for learning measurement systems;

          (ii) that are of sufficient size and scope to enable subgrantees 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;

            (IV) are part of a strategy to achieve all the conditions for learning; and

            (V) address 1 or more of the categories described in 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.

      (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 the subgrant funds are allocated to carry out drug and violence prevention;

          (ii) not less than 20 percent of the subgrant funds are allocated to carry out programs to promote mental health; and

          (iii) not less than 20 percent of the subgrant funds are allocated to carry out programs to promote physical activity, education, fitness, and nutrition.

        (B) RULE OF CONSTRUCTION- Nothing in this section shall be construed to require States, in making subgrants to eligible local applicants, to require subgrant recipients to use 20 percent of grant funds for drug and violence prevention, 20 percent of grant funds for the promotion of mental health, and 20 percent of grant funds for the promotion of physical activity, education, fitness, and nutrition.

      (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 survey; 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, at a minimum, through the conditions for learning measurement system; and

          (ii) that are part of a comprehensive strategy or framework to address such need, in 1 or more of the 3 categories identified in paragraph (2)(A);

        (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 statewide conditions for learning measurement system to inform the implementation and continuous improvement of activities carried out under this Act;

        (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;

        (F) establish policies to expand access to quality physical activity opportunities, (including school wellness policies) and establish active school wellness councils, consistent with the requirements of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), which may be part of existing school councils, if such councils exist and have the capacity and willingness to address school wellness;

        (G) 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 Act; and

        (H) consider and accommodate the unique needs of students with disabilities and English language learners in implementing activities.

    (i) 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 Act.

      (2) ANNUAL REPORT- Each State that receives a grant under this Act shall prepare and submit an annual report to the Secretary, which shall include information relevant to the conditions for learning, including on progress towards meeting outcomes for the metrics established under paragraph (1).

SEC. 6. FUNDS RESERVED FOR SECRETARY.

    From the amount reserved under section 4(3), the Secretary shall--

      (1) direct the Institute of Education Sciences to conduct an evaluation of the impact of the practices funded or disseminated by the Successful, Safe, and Healthy Students State Grants program; and

      (2) provide technical assistance to applicants, recipients, and subgrant recipients of the programs funded under this Act.

SEC. 7. PROHIBITED USES OF FUNDS.

    No funds appropriated under this Act may be used to pay for--

      (1) school resource officer or other security personnel salaries, metal detectors, security cameras, or other security-related salaries, equipment, or expenses;

      (2) drug testing programs; or

      (3) the development, establishment, implementation, or enforcement of zero-tolerance discipline policies, other than those expressly required under the Gun-Free Schools Act (20 U.S.C. 7151 et seq.).

SEC. 8. FEDERAL AND STATE NONDISCRIMINATION LAWS.

    Nothing in this Act 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 Act 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. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act $1,000,000,000 for fiscal year 2012 and such sums as may be necessary for each of the 5 succeeding fiscal years.

END