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.
(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--
(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.
(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.
(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.
(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
(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.
(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.
(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.
(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.
(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.
(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
