I
112th CONGRESS
1st Session
H. R. 975
IN THE HOUSE OF REPRESENTATIVES
March 9, 2011
Mr. Davis of Illinois introduced the following bill; which was referred to the Committee on Education and the Workforce
A BILL
To amend the Safe and Drug-Free Schools and Communities Act to include bullying and harassment prevention programs.
Short title
This Act may be cited as the
Anti-Bullying and Harassment Act of
2011
.
Bullying and Harassment Prevention Policies, Programs, and Statistics
State Reporting Requirements
Section 4112(c)(3)(B)(iv) of the Safe and Drug-Free
Schools and Communities Act (20 U.S.C. 7112(c)(3)(B)(iv)) is amended by
inserting , including bullying and harassment,
after
violence
.
State Application
Section 4113(a) of such Act (20 U.S.C. 7113(a)) is amended—
in paragraph (9)—
in subparagraph
(C), by striking and
at the end; and
by adding at the end the following:
the incidence and prevalence of reported incidents of bullying and harassment; and
the perception of students regarding their school environment, including with respect to the prevalence and seriousness of incidents of bullying and harassment and the responsiveness of the school to those incidents;
;
in paragraph (18),
by striking and
at the end;
in paragraph (19),
by striking the period at the end and inserting ; and
;
and
by adding at the end the following:
provides an assurance that the State educational agency will provide assistance to districts and schools in their efforts to prevent and appropriately respond to incidents of bullying and harassment and describes how the agency will meet this requirement.
.
Local Educational Agency Program Application
Section 4114(d) of such Act (20 U.S.C. 7114(d)) is amended—
in paragraph (2)(B)(i)—
in the matter preceding subclause (I), by striking the semicolon and inserting a comma;
in subclause (I),
by striking and
at the end; and
by adding at the end the following:
performance indicators for bullying and harassment prevention programs and activities; and
; and
in paragraph (7)—
in subparagraph
(A), by inserting , including bullying and harassment
after
disorderly conduct
;
in subparagraph
(D), by striking and
at the end; and
by adding at the end the following:
annual notice to parents and students describing the full range of prohibited conduct contained in the discipline policies described in subparagraph (A); and
complaint procedures for students or parents that seek to register complaints regarding the prohibited conduct contained in the discipline policies described in subparagraph (A), including—
the name of the school or district officials who are designated as responsible for receiving such complaints; and
timelines that the school or district will follow in the resolution of such complaints;
.
Authorized Activities
Section 4115(b)(2) of such Act (20 U.S.C. 7115(b)(2)) is amended—
in subparagraph (A)—
in clause (vi), by
striking and
at the end;
in clause (vii),
by striking the period at the end and inserting ; and
;
and
by adding at the end the following:
teach students about the consequences of bullying and harassment.
; and
in subparagraph (E), by adding at the end the following:
Programs that address the causes of bullying and harassment and that train teachers, administrators, and counselors regarding strategies to prevent bullying and harassment and to effectively intervene when such incidents occur.
.
Reporting
Section
4116(a)(2)(B) of such Act (20 U.S.C. 7116(a)(2)(B)) is amended by inserting
, including bullying and harassment,
after drug use and
violence
.
Impact Evaluation
Section 4122 of such Act (20 U.S.C. 7132) is amended—
in subsection
(a)(2), by striking and school violence
and inserting
school violence, including bullying and harassment,
; and
in the first
sentence of subsection (b), by inserting , including bullying and
harassment,
after drug use and violence
.
Definitions
Drug and Violence Prevention
Paragraph (3)(B) of section 4151 of such Act
(20 U.S.C. 7151) is amended by inserting , bullying, and other
harassment
after sexual harassment and abuse
.
Protective Factor, Buffer, or Asset
Paragraph (6) of such section is amended
by inserting , including bullying and harassment
after
violent behavior
.
Risk Factor
Paragraph (7) of such section is amended by inserting
, including bullying and harassment
after violent
behavior
.
Bullying, Harassment, and Violence
Such section is further amended by adding at the end the following:
Bullying
In general
The term bullying means conduct, including conduct that is based on a student’s actual or perceived identity with regard to race, color, national origin, gender identity, disability, sexual orientation, religion, or any other distinguishing characteristics that may be defined by a State or local educational agency that—
is directed at one or more students;
substantially interferes with educational opportunities or educational programs of such students; and
adversely affects the ability of a student to participate in or benefit from the school’s educational programs or activities by placing a student in reasonable fear of physical harm.
Association
Such term includes conduct described in clauses (i), (ii), and (iii) of subparagraph (A) that is based on—
a student’s association with another individual; and
a characteristic of the other individual that is referred to in subparagraph (A).
Cyberbullying
In general
Such term includes conduct described in subparagraph (A) that is undertaken, in whole or in part, through use of technology or electronic communications (including electronic mail, internet communications, instant messages, or facsimile communications) to transmit images, text, sounds, or other data.
Sexting
Such term includes transmitting a nude picture by a means described in clause (i) if such transmission constitutes conduct described in subparagraph (A).
False identity
Such term includes knowingly impersonating another person as the author of posted content or messages on the Internet in order to trick, tease, harass, or spread rumors about the other person.
Harassment
The term harassment means conduct, including conduct that is based on a student’s actual or perceived identity with regard to race, color, national origin, gender identity, disability, sexual orientation, religion, or any other distinguishing characteristics that may be defined by a State or local educational agency, that—
is directed at one or more students;
substantially interferes with educational opportunities or educational programs of such students; and
adversely affects the ability of a student to participate in or benefit from the school’s educational programs or activities because the conduct as reasonably perceived by the student is so severe, persistent, or pervasive.
Violence
The term violence includes bullying and harassment.
.
Effect on Other Laws
Amendment
The Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7101 et seq.) is amended by adding at the end the following:
Effect on Other Laws
Federal and State Nondiscrimination Laws
Nothing in this part shall be construed to alter legal standards regarding, or limit rights available to victims of, bullying or harassment under other Federal or State laws, 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 of the Rehabilitation Act of 1973 (29 U.S.C. 794), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
Free Speech and Expression Laws
Nothing in this part shall be construed to alter legal standards regarding, or affect the rights available to individuals under, other Federal laws that establish protections for freedom of speech and expression.
.
Clerical Amendment
The table of contents of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by adding after the item relating to section 4155 the following:
Sec. 4156. Effect on other laws.
.
