,i #aacth ,,congress #ast ,session ,h4 ,r4 #cabb ,,in ,,the ,,house ,,of ,,representatives ,september #ah1 #bjac,mr4 ,braley of ,iowa introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce ,a ,,bill ,to amend the ,elementary and ,secondary ,education ,act of #aife to promote student physical health and well-being1 nutrition1 and fitness1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,successful1 ,safe1 and ,healthy ,students ,act of #bjac4 #b4 ,successful1 safe1 and healthy students ,title ,,iv of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gaja et seq47 is amended by adding at the end the following new part3 ,d ,successful1 safe1 and healthy students #ddja4 ,purpose ,the purpose of this part is to assist ,states and local educational agencies in developing and implementing comprehensive programs and strategies to foster positive conditions for learning in public schools1 in order to increase academic achievement for all students through the provision of ,federal assistance to ,states for the-- 7#a7 promotion of student physical health and well-being1 nutrition1 and fitness2 7#b7 promotion of student mental health and well-being2 7#c7 prevention of school violence1 harassment1 and substance abuse among students2 and 7#d7 promotion of safe and supportive schools4 #ddjb4 ,definitions ,in this part3 7#a7 ,child and adolescent psychiatrist ,the term child and adolescent psychiatrist means an individual who-- 7,a7 possesses ,state medical licensure2 and 7,b7 has completed residency training programs in both general psychiatry and child and adolescent psychiatry4 7#b7 ,conditions for learning ,the term conditions for learning means conditions that-- 7,a7 advance student achievement and positive child and youth development by proactively supporting schools2 7,b7 are applied in and around the school building1 on pathways to and from the school and students' homes1 at school-sponsored activities1 and through electronic and social media involving students or school personnel2 7,c7 promote physical1 mental1 and emotional health2 7,d7 ensure physical and emotional safety for students and staff2 7,e7 promote social1 emotional1 and character development2 and 7,f7 have the following attributes3 7i7 ,provide opportunities for physical activity1 good nutrition1 and healthy living4 7ii7 ,prevent the use and abuse of drugs4 7iii7 ,ensure that the school environments described in subparagraph 7,b7 are-- 7,i7 free of weapons2 and 7,,ii7 free of harassment1 abuse1 dating violence1 and all other forms of interpersonal aggression or violence4 7iv7 ,do not condone or tolerate unhealthy or harmful behaviors1 including discrimination of any kind4 7v7 ,help staff and students to model positive social and emotional skills1 including tolerance and respect for others4 7vi7 ,promote concern for the well-being of students1 including through the presence of caring adults4 7vii7 ,ensure that the adults employed by the school-- 7,i7 have high expectations for student conduct1 character1 and academic achievement and the capacity to establish supportive relationships with students2 and 7,,ii7 are provided specialized training specific to the students' stages of development4 7viii7 ,engage families and community members with the school in meaningful and sustained ways1 such as through case management services1 to promote positive student academic achievement1 developmental1 and social growth1 including non-cognitive skill development4 7ix7 ,to the extent practicable1 provide access to school nurses1 school counselors1 and school social workers for the promotion of student physical health1 mental health1 and well-being4 7#c7 ,controlled substance ,the term controlled substance means a drug or other substance identified under ,schedule ,i1 ,,ii1 ,,iii1 ,,iv1 or ,v of section #bjb7;c7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hab7;c774 7#d7 ,drug ,the term drug includes-- 7,a7 a controlled substance2 7,b7 with respect to alcohol and tobacco1 the illegal use of such substances2 and 7,c7 with respect to inhalants and anabolic steroids1 the harmful1 abusive1 or addictive use of such substances4 7#e7 ,drug and violence prevention ,the term drug and violence prevention means-- 7,a7 with respect to drugs1 prevention1 early intervention1 rehabilitation referral1 or education related to the abuse and illegal use of drugs1 in order to-- 7i7 raise awareness about the costs and consequences of drug use and abuse2 7ii7 change attitudes1 perceptions1 and social norms about the dangers and acceptability of alcohol1 tobacco1 and drugs2 and 7iii7 reduce access to and use of alcohol1 tobacco1 and drugs2 and 7,b7 with respect to violence1 the promotion of school safety in and around the school building1 on pathways to and from the school and students' homes1 at school-sponsored activities1 and through electronic and social media involving students or school personnel1 through the creation and maintenance of a school environment that-- 7i7 is free of-- 7,i7 weapons2 7,,ii7 violent and disruptive acts2 7,,iii7 harassment2 7,,iv7 sexual harassment1 dating violence1 and abuse2 and 7,v7 victimization associated with prejudice and intolerance2 7ii7 fosters individual responsibility and respect for the rights and dignity of others2 7iii7 employs positive1 preventative approaches to school discipline1 such as schoolwide positive behavior supports and interventions and restorative justice1 that improve student engagement while minimizing students' removal from instruction and reducing the frequency of discipline infractions and disparities among the subgroups of students described in section #aaaf7;b77#a77;,b72 and 7iv7 demonstrates preparedness and readiness to respond to1 and recover from1 incidents of school violence4 7#f7 ,eligible local applicant ,the term eligible local applicant means-- 7,a7 a local educational agency2 7,b7 a consortium of local educational agencies2 or 7,c7 a nonprofit organization that has a track record of success in implementing the activities proposed in the grant application and has signed a memorandum of understanding with a local educational agency or consortium of local educational agencies that the organization will1 upon receipt of a subgrant under this part-- 7i7 implement school-based activities and programs described in section #ddjd7;i77#a77;,a77iii7 in #a or more schools served by the local educational agency or consortium2 and 7ii7 conduct school-level measurement of conditions for learning that are consistent with the ,state's conditions for learning measurement system under section #ddjd7;h74 7#g7 ,harassment ,the term harassment means conduct1 including bullying1 that-- 7,a7 is sufficiently severe1 persistent1 or pervasive to limit or interfere with a student's ability to participate in or benefit from a program or activity of a public school or educational agency1 including acts of verbal1 nonverbal1 or physical aggression1 intimidation1 or hostility1 and communications made available through electronic means2 and 7,b7 is based on-- 7i7 a student's actual or perceived race1 color1 national origin1 sex1 disability1 sexual orientation1 gender identity1 or religion2 7ii7 the actual or perceived race1 color1 national origin1 sex1 disability1 sexual orientation1 gender identity1 or religion of a person with whom a student associates or has associated2 or 7iii7 any other distinguishing characteristics that may be enumerated by a ,state or local educational agency4 7#h7 ,other qualified psychologist ,the term other qualified psychologist means an individual who has demonstrated competence in counseling children in a school setting and who-- 7,a7 is licensed in psychology by the ,state in which the individual works2 and 7,b7 practices in the scope of the individual's education1 training1 and experience with children in school settings4 7#i7 ,physical education indicators ,the term physical education indicators means a set of measures for instruction on physical activity1 health-related fitness1 physical competence1 and cognitive understanding about physical activity4 ,such indicators shall include-- 7,a7 for the ,state1 for each local educational agency in the ,state1 and for each elementary school and secondary school in the ,state1 the average number of minutes per week 7averaged over the school year7 that all students spend in required physical education1 and the average number of minutes per week 7averaged over the school year7 that all students engage in moderate to vigorous physical activity1 as measured against established recommended guidelines of the ,centers for ,disease ,control and ,prevention and the ,department of ,health and ,human ,services2 7,b7 for the ,state1 the percentage of local educational agencies that have a required1 age-appropriate physical education curriculum that adheres to ,centers for ,disease ,control and ,prevention guidelines and ,state standards2 7,c7 for the ,state1 for each local educational agency in the ,state1 and for each elementary school and secondary school in the ,state1 the percentage of elementary school and secondary school physical education teachers who are licensed or certified in the ,state to teach physical education2 7,d7 for the ,state1 and for each local educational agency in the ,state1 the percentage of elementary schools and secondary schools that have a physical education teacher who is certified or licensed to teach physical education and adapted physical education in the ,state2 7,e7 for each school in the ,state1 the number of indoor square feet and the number of outdoor square feet used primarily for physical education2 and 7,f7 for the ,state1 the percentage of local educational agencies that have a school wellness council that-- 7i7 includes members appointed by the local educational agency superintendent2 7ii7 may include parents1 students1 representatives of the school food authority1 representatives of the school board1 school administrators1 school nurses1 and members of the public2 and 7iii7 meets regularly to promote a healthy school environment4 7#aj7 ,prescription drug ,the term prescription drug means a drug 7as defined in section #bja7;g77#a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7;g77#a77 that is described in section #ejc7;b77#a7 of such ,act 7#ba ,u4,s4,c4 #cec7;b77#a7774 7#aa7 ,programs to promote mental health ,the term programs to promote mental health means programs that-- 7,a7 develop students' social and emotional competencies2 7,b7 link students with local mental health systems by-- 7i7 enhancing1 improving1 or developing collaborative efforts between school-based service systems and mental health service systems to provide1 enhance1 or improve prevention1 diagnosis1 and treatment services to students1 and to improve student social and emotional competencies2 7ii7 enhancing the availability of-- 7,i7 crisis intervention services2 7,,ii7 appropriate referrals for students potentially in need of mental health services1 including suicide prevention2 and 7,,iii7 ongoing mental health services2 and 7iii7 providing services that establish or expand school counseling and mental health programs that-- 7,i7 are comprehensive in addressing the counseling1 social1 emotional1 behavioral1 mental health1 and educational needs of all students2 7,,ii7 use a developmental1 preventive approach to counseling and mental health services2 7,,iii7 are linguistically appropriate and culturally responsive2 7,,iv7 increase the range1 availability1 quantity1 and quality of counseling and mental health services in the elementary schools and secondary schools of the local educational agency2 7,v7 expand counseling and mental health services through-- 7aa7 school counselors1 school social workers1 school psychologists1 other qualified psychologists1 child and adolescent psychiatrists1 or other qualified health or mental health professionals1 such as school nurses2 and 7bb7 school-based mental health services partnership programs2 7,,vi7 use innovative approaches to-- 7aa7 increase children's understanding of peer and family relationships1 work and self1 decisionmaking1 or academic and career planning2 or 7bb7 improve peer interaction2 7,,vii7 provide counseling and mental health services in settings that meet the range of student needs2 7,,viii7 include professional development appropriate to the activities covered in this paragraph for teachers1 school leaders1 instructional staff1 and appropriate school personnel1 including training in appropriate identification and early intervention techniques by school counselors1 school social workers1 school psychologists1 other qualified psychologists1 child and adolescent psychiatrists1 or other qualified health professionals1 such as school nurses2 7,,ix7 ensure a team approach to school counseling and mental health services in the schools served by the local educational agency2 7,x7 demonstrate that the local educational agency is working toward-- 7aa7 a #a3bej ratio of school counselors to students1 as recommended by the ,american ,school ,counselor ,association2 7bb7 a #a3bej ratio of school social workers to students1 as recommended by the ,school ,social ,work ,association of ,america2 7cc7 a #a3gjj ratio of school psychologists to students1 as recommended by the ,national ,association of ,school ,psychologists2 and 7dd7 a #a3gej ratio of school nurses to students in the general population1 a #a3bbe ratio for students requiring daily professional school nursing services1 and a #a3abe ratio for students with complex needs1 as recommended by the ,national ,association of ,school ,nurses2 and 7,,xi7 ensure that school counselors1 school psychologists1 other qualified psychologists1 school social workers1 or child and adolescent psychiatrists paid from funds made available under the programs spend a majority of their time counseling or providing mental health services to students or in other activities directly related to counseling or providing such services2 7,c7 provide training for the school personnel1 health professionals 7such as school nurses71 and mental health professionals who will participate in the programs2 and 7,d7 provide technical assistance and consultation to school systems1 mental health agencies1 and families participating in the programs4 7#ab7 ,programs to promote physical activity1 education1 and fitness1 and nutrition ,the term programs to promote physical activity1 education1 and fitness1 and nutrition means programs that-- 7,a7 increase and enable active student participation in physical well-being activities and provide teacher and school leader professional development to encourage and increase such participation2 7,b7 are comprehensive in nature2 7,c7 include opportunities for professional development for teachers of physical education to stay abreast of the latest research1 issues1 and trends in the field of physical education2 and 7,d7 include #a or more of the following activities3 7i7 ,fitness education and assessment to help students understand1 improve1 or maintain their physical well-being4 7ii7 ,instruction in a variety of motor skills and physical activities designed to enhance the physical1 mental1 social1 and emotional development of every student4 7iii7 ,development of1 and instruction in1 cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle4 7iv7 ,opportunities to develop positive social and cooperative skills through physical activity4 7v7 ,instruction in healthy eating habits and good nutrition4 7#ac7 ,school-based mental health services partnership program ,the term school-based mental health services partnership program means a program that-- 7,a7 includes a public or private mental health entity or health care entity and may include a child welfare agency1 family-based mental health entity1 family organization1 trauma network1 or other community-based entity2 7,b7 provides comprehensive school-based mental health services and supports2 7,c7 provides comprehensive staff development for school and community service personnel working in the school2 7,d7 includes the early identification of social1 emotional1 or behavioral problems1 or substance use disorders1 and the provision of early intervening services2 7,e7 provides for the treatment or referral for treatment of students with social1 emotional1 or behavioral health problems1 or substance use disorders2 7,f7 includes the development and implementation of programs to assist children in dealing with trauma and violence2 7,g7 includes the development of mechanisms1 based on best practices1 for children to report incidents of violence or plans by other children or adults to commit violence2 7,h7 is based on trauma-informed and evidence-based practices2 7,i7 is coordinated1 where appropriate1 with early intervening services carried out under the ,individuals with ,disabilities ,education ,act2 and 7,j7 is provided by qualified mental and behavioral health professionals who are certified or licensed by the ,state involved and practicing within their area of expertise4 7#ad7 ,school counselor ,the term school counselor means an individual who has documented competence in counseling children and adolescents in a school setting and who-- 7,a7 is licensed by the ,state or certified by an independent professional regulatory authority2 7,b7 in the absence of such ,state licensure or certification1 possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization2 or 7,c7 holds a minimum of a master's degree in school counseling from a program accredited by the ,council for ,accreditation of ,counseling and ,related ,educational ,programs or the equivalent4 7#ae7 ,school health indicators ,the term school health indicators means a set of measurements for determining the number of students seen in the school health office with1 or for1 social and emotional disturbances1 abuse and neglect1 substance use disorders1 acute and chronic illness1 and oral and visual health issues1 7to the extent the school health office has applicable information71 and the number of student deaths on school property1 if any4 7#af7 ,school nurse ,the term school nurse means a graduate of an accredited school of nursing program who is licensed by the ,state as a registered nurse4 7#ag7 ,school psychologist ,the term school psychologist means an individual who-- 7,a7 has completed a minimum of #fj graduate semester hours in school psychology from an institution of higher education and has completed #a1bjj clock hours in a supervised school psychology internship1 of which #fjj hours are in the school setting2 7,b7 is licensed or certified in school psychology by the ,state in which the individual works2 or 7,c7 in the absence of such ,state licensure or certification1 possesses national certification by the ,national ,school ,psychology ,certification ,board4 7#ah7 ,school social worker ,the term school social worker means an individual who-- 7,a7 holds a master's degree in social work from a program accredited by the ,council on ,social ,work ,education2 and 7,b7 7i7 is licensed or certified by the ,state in which services are provided2 or 7ii7 in the absence of such ,state licensure or certification1 possesses a national credential or certification as a school social work specialist granted by an independent professional organization4 #ddjc4 ,allocation of funds ,from amounts made available to carry out this part1 the ,secretary shall allocate-- 7#a7 in each year for which funding is made available to carry out this part1 not more than #b percent of such amounts for technical assistance and evaluation2 7#b7 for the first #c years for which funding is made available to carry out this part-- 7,a7 except as provided in subparagraph 7,b7-- 7i7 not more than #cj percent of such amounts or #cj1jjj1jjj1 whichever amount is more1 for ,state conditions for learning measurement systems grants1 distributed to every ,state 7by an application process consistent with section #ddjd7;d77 in an amount proportional to each ,state's share of funding under part ,a of title ,i1 to develop or improve the ,state's conditions for learning measurement system described in section #ddjd7;h71 and to conduct a needs analysis to meet the requirements of section #ddjd7;d77#b77;,d72 and 7ii7 not more than #fh percent of such amounts for ,successful1 ,safe1 and ,healthy ,students ,state ,grants under section #ddjd2 and 7,b7 for any fiscal year for which the amount remaining available after funds are reserved under paragraph 7#a7 is less than #cj1jjj1jjj1 all of such remainder for the ,state conditions for learning measurement systems grants described in subparagraph 7,a77i72 and 7#c7 for the fourth year and each subsequent year for which funding is made available to carry out this part1 not less than #ih percent of such amounts for ,successful1 ,safe1 and ,healthy ,students ,state ,grants under section #ddjd4 #ddjd4 ,successful1 safe1 and healthy students ,state grants 7a7 ,purpose ,the purpose of this section is to provide funding to eligible ,states to implement comprehensive programs that-- 7#a7 address conditions for learning in schools in the ,state2 and 7#b7 are based on-- 7,a7 scientifically valid research2 and 7,b7 an analysis of need that considers1 at a minimum1 the indicators in the ,state's conditions for learning measurement system described in subsection 7h74 7b7 ,state grants 7#a7 ,in general ,from amounts allocated under section #ddjc for ,successful1 ,safe1 and ,healthy ,students ,state ,grants1 the ,secretary shall award grants to eligible ,states to carry out the purpose of this section4 7#b7 ,awards to ,states 7,a7 ,formula grants ,except as provided in subparagraph 7,b71 if the total amount allocated under section #ddjc for ,successful1 ,safe1 and ,healthy ,students ,state ,grants for a fiscal year is #ejj1jjj1jjj or greater1 the ,secretary shall allot to each ,state that meets the eligibility requirements of subsection 7c7 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 by such eligible ,state for the preceding fiscal year bears to the amount received under such part for the preceding fiscal year by all eligible ,states4 7,b7 ,minimum ,state allotment 7i7 ,in general ,no ,state receiving an allotment under subparagraph 7,a7 may receive less than one-half of #a percent of the total amount allotted under such subparagraph4 7ii7 ,puerto ,rico ,the amount allotted under subparagraph 7,a7 to the ,commonwealth of ,puerto ,rico for a fiscal year may not exceed one-half of #a percent of the total amount allotted under such subparagraph for such fiscal year4 7,c7 ,competitive grants 7i7 ,in general ,if the total amount allocated under section #ddjc for ,successful1 ,safe1 and ,healthy ,students ,state ,grants for a fiscal year is less than #ejj1jjj1jjj1 the ,secretary shall award grants under this section to ,states that meet the eligibility requirements of subsection 7c7 on a competitive basis4 7ii7 ,sufficient size and scope ,in awarding grants on a competitive basis pursuant to clause 7i71 the ,secretary shall ensure that grant awards are of sufficient size and scope to carry out required and approved activities under this section4 7c7 ,eligibility ,to be eligible to receive a grant under this section1 a ,state shall demonstrate to the ,secretary that the ,state has-- 7#a7 established a statewide physical education requirement that is consistent with widely recognized standards2 and 7#b7 required all local educational agencies in the ,state to-- 7,a7 establish policies that prevent and prohibit harassment in schools2 and 7,b7 provide-- 7i7 annual notice to parents1 students1 and educational professionals describing the full range of prohibited conduct contained in such local educational agency's discipline policies2 and 7ii7 grievance procedures for students or parents to register complaints regarding the prohibited conduct contained in such local educational agency's discipline policies1 including-- 7,i7 the name of the local educational agency official who is designated as responsible for receiving such complaints2 and 7,,ii7 timelines that the local educational agency will follow in the resolution of such complaints4 7d7 ,applications 7#a7 ,in general ,a ,state that desires to receive a grant under this section shall submit an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,content of application ,at a minimum1 the application shall include-- 7,a7 documentation of the ,state's eligibility to receive a grant under this section1 as described in subsection 7c72 7,b7 an assurance that the policies used to prohibit harassment in schools that are required under subsection 7c77#b77;,a7 emphasize alternatives to school suspension that minimize students' removal from grade-level instruction1 promote mental health1 and only allow out-of-school punishments in severe or persistent cases2 7,c7 a plan for improving conditions for learning in schools in the ,state in a manner consistent with the requirements of this part that may be a part of a broader statewide child and youth plan1 if such a plan exists and is consistent with the requirements of this part2 7,d7 a needs analysis of the conditions for learning in schools in the ,state1 which-- 7i7 shall include a description of1 and data measuring1 the ,state's conditions for learning2 and 7ii7 may be a part of a broader statewide child and youth needs analysis1 if such an analysis exists and is consistent with the requirements of this part2 7,e7 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 7,d72 and 7,f7 a description of how the ,state will-- 7i7 develop1 adopt1 adapt1 or improve and 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 system2 7ii7 ensure the quality and validity of the ,state's conditions for learning data collection1 including the ,state's plan for survey administration as required under subsection 7h77#b77;,a7 and for ensuring the reliability and validity of survey instruments2 7iii7 coordinate the proposed activities with other ,federal and ,state programs1 including programs funded under this part1 which may include programs to expand learning time and for before- and after-school programming in order to provide sufficient time to carry out activities described in this part2 7iv7 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 nonduplicative program2 7v7 solicit and approve subgrant applications1 including how the ,state will-- 7,i7 allocate funds for statewide activities and subgrants for each year of the grant1 consistent with allocation requirements under subsection 7i77#b72 and 7,,ii7 consider the results of the needs analysis described in subparagraph 7,d7 in the ,state's distribution of subgrants2 7vi7 address the needs of diverse geographic areas in the ,state1 including rural and urban communities2 7vii7 provide assistance to local educational agencies and schools in their efforts to prevent and appropriately respond to incidents of harassment1 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 incidents2 7viii7 provide assistance to local educational agencies and schools in their efforts to implement positive1 preventative approaches to school discipline1 such as schoolwide positive behavior supports and interventions and restorative justice1 that improve student engagement while minimizing students' removal from instruction and reducing the frequency of discipline infractions and disciplinary disparities among the subgroups of students described in section #aaaf7;b77#b77;,b72 7ix7 provide assistance to local educational agencies and schools in their efforts to increase the provision of physical activity and physical education opportunities during the school day and implement programs to promote physical activity1 education1 and fitness1 and nutrition2 and 7x7 provide assistance to local educational agencies and schools in their efforts to improve access to ,state-licensed or ,state-certified school counselors1 school psychologists1 and school social workers or other ,state-licensed or ,state-certified mental health professional qualified under ,state law to provide mental health services to students in schools4 7#c7 ,review process ,the ,secretary shall establish a peer review process to review applications submitted under this subsection4 7e7 ,duration 7#a7 ,in general ,a ,state that receives a grant under this section may receive funding for not more than #e years in accordance with this subsection4 7#b7 ,initial period ,the ,secretary shall award grants under this section for an initial period of not more than #c years4 7#c7 ,grant extension ,the ,secretary may extend a grant awarded to a ,state under this section for not more than an additional #b years if the ,state shows sufficient improvement1 as determined by the ,secretary1 against baseline data for the performance metrics established under subsection 7j74 7f7 ,reservation and use of funds ,a ,state that receives a grant under this section shall-- 7#a7 reserve not more than #aj percent of the grant funds for administration of the program1 technical assistance1 and the development1 improvement1 and implementation of the ,state's conditions for learning measurement system1 as described in subsection 7h72 and 7#b7 use the remainder of grant funds after making the reservation under paragraph 7#a7 to award subgrants1 on a competitive basis1 to eligible local applicants4 7g7 ,required ,state activities ,a ,state that receives a grant under this section shall-- 7#a7 not later than #a year after receipt of the grant1 develop1 adapt1 improve1 or adopt and implement the statewide conditions for learning measurement system described in subsection 7h7 7unless the ,state can demonstrate1 to the satisfaction of the ,secretary1 that an appropriate system has already been implemented7 that annually measures the ,state's progress in the conditions for learning for every public school in the ,state2 7#b7 collect information in each year of the grant on the conditions for learning at the school-building level through comprehensive needs assessments of student1 school staff1 and family perceptions1 experiences1 and behaviors2 7#c7 collect annual incident data at the school-building level that are accurate and complete2 7#d7 publicly report1 at the local educational agency and school level1 the data collected in the ,state's conditions for learning measurement system1 described in subsection 7h71 each year in a timely and highly accessible manner1 and in a manner that does not reveal personally identifiable information2 7#e7 use1 on a continuous basis1 the results of the data collected in the ,state's conditions for learning measurement system to-- 7,a7 identify and address conditions for learning statewide2 7,b7 help subgrantees identify and address school and student needs2 and 7,c7 provide individualized assistance to low-performing schools identified under section #aaaf and schools with significant conditions for learning weaknesses2 7#f7 encourage local educational agencies to-- 7,a7 integrate physical activity1 education1 and fitness into a range of subjects throughout the school day and locations within schools2 7,b7 encourage consultation with a variety of stakeholders1 including families1 students1 school officials1 and other organizations with wellness and physical activity1 education1 and fitness expertise2 and 7,c7 regularly monitor schools' efforts in improving wellness and physical activity1 education1 and fitness understanding and habits among students2 7#g7 encourage local educational agencies to-- 7,a7 integrate healthy eating and nutrition education into various times of the school day and locations within schools to encourage consultation with a variety of stakeholders1 including families1 students1 school officials1 and other organizations with nutrition education expertise2 and 7,b7 regularly monitor schools' efforts in improving nutrition understanding and healthy eating among students2 7#h7 encourage local educational agencies to implement programs that expand student access to ,state-licensed or ,state-certified school counselors1 school psychologists1 and school social workers or other ,state-licensed or ,state-certified mental health professional that are qualified under ,state law to provide mental health services to students in schools2 7#i7 award subgrants1 consistent with subsection 7i71 to eligible local applicants2 and 7#aj7 monitor subgrants and provide technical assistance to subgrantees on the implementation of grant activities4 7h7 ,conditions for learning measurement system 7#a7 ,in general ,each ,state that receives a grant under this part shall establish a ,state reporting and information system that measures conditions for learning in the ,state and is part of the ,state's system for reporting the data required under section #aaaa and part of any ,state longitudinal data system that links statewide elementary and secondary data systems with early childhood1 postsecondary1 and workforce data systems4 7#b7 ,system activities ,the ,state reporting and information system described in paragraph 7#a7 shall-- 7,a7 contain1 at a minimum1 data from valid and reliable surveys of students and staff and the indicators in subparagraph 7,b7 that allow staff at the ,state1 local educational agencies1 and schools to examine and improve school-level conditions for learning2 7,b7 collect school-level data on-- 7i7 physical education indicators1 as applicable2 7ii7 individual student attendance and truancy2 7iii7 in-school suspensions1 out-of-school suspensions1 expulsions1 referrals to law enforcement1 school-based arrests1 and disciplinary transfers 7including placements in alternative schools7 by student2 7iv7 the frequency1 seriousness1 and incidence of violence and drug-related offenses resulting in disciplinary action in elementary schools and secondary schools in the ,state2 7v7 the incidence and prevalence1 age of onset1 perception of and actual health risk1 and perception of social disapproval of drug use and violence1 including harassment1 by youth and school personnel in schools and communities2 7vi7 school health indicators1 including acute and chronic physical1 mental1 and emotional health care needs2 and 7vii7 student access to ,state-licensed or ,state-certified school counselors1 school psychologists1 and school social workers or other ,state-licensed or ,state-certified mental health professional qualified under ,state law to provide such services to students in schools1 including staff-to-student ratios2 7,c7 collect and report data1 including1 at a minimum1 the data described in clauses 7ii71 7iii71 and 7v7 of subparagraph 7,b71 in the aggregate and disaggregated by the categories of race1 ethnicity1 gender1 disability status1 migrant status1 ,english proficiency1 and status as economically disadvantaged1 and cross-tabulated across all of such categories by gender and by disability2 7,d7 protect student privacy1 consistent with applicable data privacy laws and regulations1 including section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g1 commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd72 and 7,e7 to the extent practicable1 utilize a web-based reporting system4 7#c7 ,compiling statistics ,in compiling the statistics required to measure conditions for learning in the ,state-- 7,a7 the offenses described in paragraph 7#b77;,b77iv7 shall be defined pursuant to the ,state's criminal code1 and aligned to the extent practicable1 with the ,federal ,bureau of ,investigation's ,uniform ,crime ,reports categories1 but shall not identify victims of crimes or persons accused of crimes2 and the collected data shall include incident reports by school officials1 anonymous student surveys1 and anonymous teacher surveys2 7,b7 the performance metrics that are established under subsection 7j7 shall be collected and the performance on such metrics shall be defined and reported uniformly statewide2 7,c7 the ,state shall collect1 analyze1 and use the data under subparagraph 7#b77;,b7 at least annually2 and 7,d7 grant recipients and subgrant recipients shall use the data for planning and continuous improvement of activities implemented under this part1 and may collect data for indicators that are locally defined1 and that are not reported to the ,state1 to meet local needs 7so long as such indicators are aligned with the conditions for learning74 7i7 ,subgrants 7#a7 ,in general 7,a7 ,awarding of subgrants ,a ,state that receives a grant under this section shall award subgrants1 on a competitive basis1 to eligible local applicants-- 7i7 based on need as identified by-- 7,i7 the ,state's conditions for learning measurement system described in subsection 7h72 or 7,,ii7 in the case of a ,state for which the learning measurement system described in subsection 7h7 is not yet implemented1 other data determined appropriate by the ,state2 7ii7 that are of sufficient size and scope to enable the eligible local applicants to carry out approved activities2 and 7iii7 to implement programs that-- 7,i7 are comprehensive in nature2 7,,ii7 are based on scientifically valid research2 7,,iii7 are consistent with achieving the conditions for learning for the ,state2 and 7,,iv7 address #a or more of the uses described in clauses 7i7 through 7iii7 of paragraph 7#b77;,a74 7,b7 ,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 interventions4 7,c7 ,partnerships allowed ,an eligible local applicant may apply for a subgrant under this subsection in partnership with #a or more community-based organizations4 7#b7 ,allocation 7,a7 ,in general ,in awarding subgrants under this section1 each ,state shall ensure that1 for the aggregate of all subgrants awarded by the ,state-- 7i7 not less than #bj percent of subgrant funds are used to carry out drug and violence prevention2 7ii7 not less than #bj percent of subgrant funds are used to carry out programs to promote mental health2 and 7iii7 not less than #bj percent of subgrant funds are used to carry out programs to promote physical activity1 education1 and fitness1 and nutrition4 7,b7 ,rule of construction ,nothing in this paragraph shall be construed to require ,states1 in making subgrants to eligible local applicants1 to require the eligible local applicants to use #bj percent of subgrant funds for each of the uses described in clauses 7i7 through 7iii7 of subparagraph 7,a74 7#c7 ,applications ,an eligible local applicant that desires to receive a subgrant under this subsection shall submit to the ,state an application at such time1 in such manner1 and containing such information as the ,state may require4 7#d7 ,priority ,in awarding subgrants under this subsection1 a ,state shall give priority to applications that-- 7,a7 demonstrate the greatest need1 according to the results of the ,state's conditions for learning surveys described in subsection 7h77#b72 and 7,b7 propose to serve schools with the highest concentrations of poverty1 based on the percentage of students receiving or are eligible to receive a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq474 7#e7 ,activities of subgrant recipients ,each recipient of a subgrant under this subsection shall1 for the duration of the subgrant-- 7,a7 carry out activities-- 7i7 the need for which has been identified-- 7,i7 at a minimum1 through the ,state's conditions for learning measurement system described in subsection 7h72 or 7,,ii7 in the case of a ,state that has not yet implemented the learning measurement system described in subsection 7h71 through the ,state's needs analysis described in subsection 7d77#b77;,d72 7ii7 that are part of a comprehensive strategy or framework to address such need2 and 7iii7 that include #a or more of the following-- 7,i7 drug and violence prevention2 7,,ii7 programs to promote mental health2 or 7,,iii7 programs to promote physical activity1 education1 and fitness1 and nutrition2 7,b7 ensure that each framework1 intervention1 or program selected be based on scientifically valid research and be used for the purpose for which such framework1 intervention1 or program was found to be effective2 7,c7 use school-level data from the ,state's conditions for learning measurement system described in subsection 7h71 to inform the implementation and continuous improvement of activities carried out under this part2 7,d7 use data from the statewide conditions for learning measurement system to identify challenges outside of school or off school grounds 7including the need for safe passages for students to and from school71 and collaborate with #a or more community-based organization to address such challenges2 7,e7 collect1 and report to the ,state educational agency1 data for schools served by the subgrant recipient1 in a manner consistent with the ,state's conditions for learning measurement system described in subsection 7h72 7,f7 establish policies to expand access to quality physical activity opportunities1 including local school wellness policies2 7,g7 if the local educational agency to be served through the grant does not have an active school wellness council consistent with the requirements of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agga et seq471 establish such a school wellness council1 which may be part of an existing school council that has the capacity and willingness to address school wellness2 7,h7 engage family members and community-based organizations in the development of conditions for learning surveys1 and in the planning1 implementation1 and review of the subgrant recipient's efforts under this part2 7,i7 consider and accommodate the unique needs of students with disabilities and ,english learners in implementing activities2 and 7,j7 establish policies to expand access to quality counseling and mental health programs and services4 7j7 ,accountability 7#a7 ,establishment of performance metrics ,the ,secretary1 acting through the ,director of the ,institute of ,education ,sciences1 shall establish program performance metrics to measure the effectiveness of the activities carried out under this part4 7#b7 ,annual report ,each ,state that receives a grant under this part shall prepare and submit an annual report to the ,secretary1 which shall include information relevant to the conditions for learning1 including progress toward meeting outcomes for the metrics established under paragraph 7#a74 7k7 ,evaluation ,from the amount reserved in accordance with section #ifja1 the ,secretary1 acting through the ,director of the ,institute of ,education ,sciences1 shall conduct an evaluation of the impact of the practices funded or disseminated under this section4 #ddje4 ,technical assistance ,from the amount allocated under section #ddjc7c71 the ,secretary shall provide technical assistance to applicants1 recipients1 and subgrant recipients of the programs funded under this part4 #ddjf4 ,federal and ,state nondiscrimination laws ,nothing in this part shall be construed to invalidate or limit nondiscrimination principles or rights1 remedies1 procedures1 or legal standards available to victims of discrimination under any other ,federal law or law of a ,state or political subdivision of a ,state1 including title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq471 title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 section #ejd or #eje of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid and #gid;a71 or the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 ,the obligations imposed by this part are in addition to those imposed by title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq471 title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid71 and the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 #ddjg4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year #bjad and each of the #d succeeding fiscal years4 4 #c4 ,table of contents ,the table of contents in section #b of the ,elementary and ,secondary ,education ,act of #aife is amended by inserting after the item relating to section #dcjd the following3 ,part ,d--,successful1 safe1 and healthy students,sec4 #ddja4 ,purpose4,sec4 #ddjb4 ,definitions4,sec4 #ddjc4 ,allocation of funds4,sec4 #ddjd4 ,successful1 safe1 and healthy students ,state grants4,sec4 #ddje4 ,technical assistance4,sec4 #ddjf4 ,federal and ,state nondiscrimination laws4,sec4 #ddjg4 ,authorization of appropriations4 4