Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB986 Compare Versions

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11 II
22 119THCONGRESS
33 1
44 STSESSION S. 986
55 To address and take action to prevent bullying and harassment of students.
66 IN THE SENATE OF THE UNITED STATES
77 MARCH12, 2025
88 Mr. K
99 AINE(for himself, Ms. BALDWIN, Mr. BENNET, Mr. BLUMENTHAL, Mr.
1010 B
1111 OOKER, Mr. COONS, Ms. CORTEZMASTO, Ms. DUCKWORTH, Mr. DUR-
1212 BIN, Mr. FETTERMAN, Mr. HICKENLOOPER, Ms. HIRONO, Ms. KLO-
1313 BUCHAR, Mr. MARKEY, Mr. MERKLEY, Mrs. MURRAY, Mr. PADILLA, Mr.
1414 P
1515 ETERS, Ms. ROSEN, Mr. SANDERS, Mrs. SHAHEEN, Ms. SMITH, Mr.
1616 W
1717 ARNER, Ms. WARREN, Mr. WELCH, Mr. WYDEN, and Mr. MURPHY) in-
1818 troduced the following bill; which was read twice and referred to the Com-
1919 mittee on Health, Education, Labor, and Pensions
2020 A BILL
2121 To address and take action to prevent bullying and
2222 harassment of students.
2323 Be it enacted by the Senate and House of Representa-1
2424 tives of the United States of America in Congress assembled, 2
2525 SECTION 1. SHORT TITLE. 3
2626 This Act may be cited as the ‘‘Safe Schools Improve-4
2727 ment Act’’. 5
2828 SEC. 2. FINDINGS. 6
2929 Congress finds the following: 7
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3333 (1) Bullying and harassment foster a climate of 1
3434 fear and disrespect that can seriously impair the 2
3535 physical and psychological health of its victims and 3
3636 create conditions that negatively affect learning, 4
3737 thereby undermining the ability of students to 5
3838 achieve their full potential. 6
3939 (2) Bullying and harassment contribute to high 7
4040 dropout rates, increased absenteeism, and academic 8
4141 underachievement. 9
4242 (3) Bullying and harassment include a range of 10
4343 behaviors that negatively impact a student’s ability 11
4444 to learn and participate in educational opportunities 12
4545 and activities that schools offer. Such behaviors can 13
4646 include hitting or punching, name-calling, intimida-14
4747 tion through gestures or social exclusion, and send-15
4848 ing insulting or offensive messages through elec-16
4949 tronic communications, such as internet sites, e- 17
5050 mail, instant messaging, mobile phones and mes-18
5151 saging, telephone, or any other means. 19
5252 (4) Schools with enumerated anti-bullying and 20
5353 harassment policies have an increased level of re-21
5454 porting and teacher intervention in incidents of bul-22
5555 lying and harassment, thereby reducing the overall 23
5656 frequency and number of such incidents. 24
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6060 (5) Students have been particularly singled out 1
6161 for bullying and harassment on the basis of their ac-2
6262 tual or perceived race, color, national origin, sex, 3
6363 disability status, sexual orientation, gender identity, 4
6464 sex characteristics (including intersex traits), or reli-5
6565 gion, among other categories. 6
6666 (6) Some young people experience a form of 7
6767 bullying called relational aggression or psychological 8
6868 bullying, which harms individuals by damaging, 9
6969 threatening, or manipulating their relationships with 10
7070 their peers, or by injuring their feelings of social ac-11
7171 ceptance. 12
7272 (7) Interventions to address bullying and har-13
7373 assment should incorporate evidence-based discipline 14
7474 policies and practices, such as Positive Behavior 15
7575 Interventions and Supports (PBIS) and other re-16
7676 storative practices that can minimize suspensions, 17
7777 expulsions, and other exclusionary and harmful dis-18
7878 cipline policies to ensure that students are not 19
7979 ‘‘pushed-out’’ or diverted to the juvenile justice sys-20
8080 tem. 21
8181 (8) Perpetrators of bullying and harassment 22
8282 often have a history of trauma or psychological dis-23
8383 tress, or have been bullied themselves. These stu-24
8484 dents, often discussed as ‘‘bully-victims’’, require ad-25
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8888 ditional trauma-informed interventions and consider-1
8989 ation. 2
9090 SEC. 3. SAFE SCHOOLS IMPROVEMENT. 3
9191 (a) I
9292 NGENERAL.—Title IV of the Elementary and 4
9393 Secondary Education Act of 1965 (20 U.S.C. 7101 et 5
9494 seq.) is amended by adding at the end the following: 6
9595 ‘‘PART G—SAFE SCHOOLS IMPROVEMENT 7
9696 ‘‘SEC. 4701. PURPOSE. 8
9797 ‘‘The purpose of this part is to address the problem 9
9898 of bullying and harassment conduct of students in public 10
9999 elementary schools and secondary schools. 11
100100 ‘‘SEC. 4702. ANTI-BULLYING POLICIES. 12
101101 ‘‘(a) B
102102 ULLYING.—In this part, the term ‘bullying’ 13
103103 means conduct that adversely affects the ability of one or 14
104104 more students to participate in or benefit from the school’s 15
105105 educational programs or activities by placing a student in 16
106106 fear of harm. 17
107107 ‘‘(b) P
108108 OLICIES.—A State that receives a grant under 18
109109 this title shall require all local educational agencies in the 19
110110 State to carry out the following: 20
111111 ‘‘(1) Establish policies that prevent and prohibit 21
112112 conduct, including bullying and harassment, that— 22
113113 ‘‘(A) limits a student’s ability to partici-23
114114 pate in, or benefit from, a program or activity 24
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118118 of a public school or local educational agency; 1
119119 or 2
120120 ‘‘(B) creates a hostile or abusive edu-3
121121 cational environment, adversely affecting a stu-4
122122 dent’s education, at a program or activity of a 5
123123 public school or local educational agency, in-6
124124 cluding acts of verbal, nonverbal, or physical 7
125125 aggression or intimidation. 8
126126 ‘‘(2) The policies required under paragraph (1) 9
127127 shall include a prohibition of bullying or harassment 10
128128 conduct based on— 11
129129 ‘‘(A) a student’s actual or perceived race, 12
130130 color, national origin, sex (including sexual ori-13
131131 entation, gender identity, and sex characteris-14
132132 tics (including intersex traits)), disability, or re-15
133133 ligion; 16
134134 ‘‘(B) the actual or perceived race, color, 17
135135 national origin, sex (including sexual orienta-18
136136 tion, gender identity, and sex characteristics 19
137137 (including intersex traits)), disability, or reli-20
138138 gion of a person with whom a student associ-21
139139 ates or has associated; or 22
140140 ‘‘(C) any other distinguishing characteris-23
141141 tics that may be defined by the State or local 24
142142 educational agency. 25
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146146 ‘‘(3) Provide— 1
147147 ‘‘(A) annual notice to students, parents, 2
148148 and educational professionals describing the full 3
149149 range of prohibited conduct contained in such 4
150150 local educational agency’s discipline policies; 5
151151 and 6
152152 ‘‘(B) grievance procedures for students or 7
153153 parents to register complaints regarding the 8
154154 prohibited conduct contained in such local edu-9
155155 cational agency’s discipline policies, including— 10
156156 ‘‘(i) the name of the local educational 11
157157 agency officials who are designated as re-12
158158 sponsible for receiving such complaints; 13
159159 and 14
160160 ‘‘(ii) timelines that the local edu-15
161161 cational agency will establish in the resolu-16
162162 tion of such complaints. 17
163163 ‘‘(4) Collect annual incidence and frequency of 18
164164 incidents data about the conduct prohibited by the 19
165165 policies described in paragraph (1) at the school 20
166166 level that are accurate and complete and publicly re-21
167167 port such data at the school level and local edu-22
168168 cational agency level. The local educational agency 23
169169 shall ensure that victims or persons responsible for 24
170170 such conduct are not identifiable. 25
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174174 ‘‘SEC. 4703. STATE REPORTS. 1
175175 ‘‘The chief executive officer of a State that receives 2
176176 a grant under this title, in cooperation with the State edu-3
177177 cational agency, shall submit a biennial report to the Sec-4
178178 retary— 5
179179 ‘‘(1) on the information reported by local edu-6
180180 cational agencies in the State pursuant to section 7
181181 4702(b)(4); and 8
182182 ‘‘(2) describing the State’s plans for supporting 9
183183 local educational agency efforts to address the con-10
184184 duct prohibited by the policies described in section 11
185185 4702(b)(1). 12
186186 ‘‘SEC. 4704. EVALUATION. 13
187187 ‘‘(a) B
188188 IENNIALEVALUATION.—The Secretary shall 14
189189 conduct an independent biennial evaluation of programs 15
190190 and policies to combat bullying and harassment in elemen-16
191191 tary schools and secondary schools, including implementa-17
192192 tion of the requirements described in section 4702, includ-18
193193 ing whether such requirements have appreciably reduced 19
194194 the level of the prohibited conduct and have conducted ef-20
195195 fective parent involvement and training programs. 21
196196 ‘‘(b) D
197197 ATACOLLECTION.—The Commissioner for 22
198198 Education Statistics shall collect data from States, that 23
199199 are subject to independent review, to determine the inci-24
200200 dence and frequency of conduct prohibited by the policies 25
201201 described in section 4702. 26
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205205 ‘‘(c) BIENNIALREPORT.—Not later than January 1, 1
206206 2026, and every 2 years thereafter, the Secretary shall 2
207207 submit to the President and Congress a report on the find-3
208208 ings of the evaluation conducted under subsection (a) to-4
209209 gether with the data collected under subsection (b) and 5
210210 data submitted by the States under section 4703. 6
211211 ‘‘SEC. 4705. EFFECT ON OTHER LAWS. 7
212212 ‘‘(a) F
213213 EDERAL AND STATENONDISCRIMINATION 8
214214 L
215215 AWS.—Nothing in this part shall be construed to invali-9
216216 date or limit rights, remedies, procedures, or legal stand-10
217217 ards available to victims of discrimination under any other 11
218218 Federal law or law of a State or political subdivision of 12
219219 a State, including title VI of the Civil Rights Act of 1964 13
220220 (42 U.S.C. 2000d et seq.), title IX of the Education 14
221221 Amendments of 1972 (20 U.S.C. 1681 et seq.), section 15
222222 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 16
223223 794, 794a), or the Americans with Disabilities Act of 1990 17
224224 (42 U.S.C. 12101 et seq.). The obligations imposed by this 18
225225 part are in addition to those imposed by title VI of the 19
226226 Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title 20
227227 IX of the Education Amendments of 1972 (20 U.S.C. 21
228228 1681 et seq.), section 504 of the Rehabilitation Act of 22
229229 1973 (29 U.S.C. 794), and the Americans with Disabil-23
230230 ities Act of 1990 (42 U.S.C. 12101 et seq.). 24
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234234 ‘‘(b) FREESPEECH ANDEXPRESSIONLAWS.—Noth-1
235235 ing in this part shall be construed to alter legal standards 2
236236 regarding, or affect the rights (including remedies and 3
237237 procedures) available to individuals under, other Federal 4
238238 laws that establish protections for freedom of speech or 5
239239 expression. 6
240240 ‘‘SEC. 4706. RULE OF CONSTRUCTION. 7
241241 ‘‘Nothing in this part shall be construed to prohibit 8
242242 a State or local entity from enacting any law with respect 9
243243 to the prevention of bullying or harassment of students 10
244244 that is not inconsistent with this part.’’. 11
245245 (b) T
246246 ABLE OFCONTENTS.—The table of contents in 12
247247 section 2 of the Elementary and Secondary Education Act 13
248248 of 1965 is amended by inserting after the item relating 14
249249 to section 4644 the following: 15
250250 ‘‘PARTG—SAFESCHOOLSIMPROVEMENT
251251 ‘‘Sec. 4701. Purpose.
252252 ‘‘Sec. 4702. Anti-bullying policies.
253253 ‘‘Sec. 4703. State reports.
254254 ‘‘Sec. 4704. Evaluation.
255255 ‘‘Sec. 4705. Effect on other laws.
256256 ‘‘Sec. 4706. Rule of construction.’’.
257257 Æ
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