The Safe Schools Improvement Act of 2017

This bill aims to amend the Elementary and Secondary Education Act of 1965 in order to address and prevent bullying and harassment of students in schools. The bill was introduced in the House of Representatives on April 5, 2017.

Findings

The bill outlines the following key findings:

1. Bullying and harassment create a climate of fear and disrespect that negatively affect the physical and psychological health of students, as well as their ability to learn and reach their full potential.
2. Bullying and harassment contribute to high dropout rates, increased absenteeism, and academic underachievement among students.
3. Bullying and harassment can take various forms, including physical aggression, name-calling, social exclusion, and offensive messages through electronic communication.
4. Schools that have anti-bullying policies in place tend to have higher levels of reporting and teacher intervention, resulting in a reduction in the number of bullying incidents.
5. Students are often targeted for bullying and harassment based on their race, color, national origin, sex, disability status, sexual orientation, gender identity, or religion.
6. Relational aggression or psychological bullying, which involves damaging or manipulating relationships with peers, is another form of bullying that harms social acceptance.
7. Interventions to address bullying and harassment should aim to create a positive and safe school climate, using evidence-based discipline policies and practices that minimize harsh punishments and the involvement of the juvenile justice system.
8. A large majority of Americans support the enactment of a federal law to enforce specific rules to prevent bullying in schools.
9. Students, parents, educators, and policymakers have joined forces to demand leadership and action to address the national issue of bullying and harassment.

Safe Schools Improvement

The bill introduces a new part, called "Safe Schools Improvement," to the Elementary and Secondary Education Act of 1965. This part includes the following provisions:

Purpose (Sec. 4701)

The purpose of this part is to address the issue of bullying and harassment in public elementary and secondary schools.

Anti-bullying Policies (Sec. 4702)

This provision requires states that receive a grant under this title to implement policies that prevent and prohibit bullying and harassment conduct that is severe, persistent, or pervasive. These policies should not only limit a student's ability to participate in programs and activities, but also create a hostile or abusive educational environment, adversely affecting their education. The policies must also address bullying or harassment conduct based on a student's race, color, national origin, sex, disability, sexual orientation, gender identity, religion, or any other distinguishing characteristic defined by the state or local educational agency.

In addition, the policies should provide annual notice to students, parents, and educational professionals about the prohibited conduct and establish grievance procedures for registering complaints. The local educational agency must also collect accurate and complete data about incidents of bullying and harassment and publicly report the data at the school and local educational agency level while ensuring the confidentiality of victims and perpetrators. Furthermore, positive and preventative approaches to school discipline should be encouraged to minimize the removal of students from instruction and avoid disproportionate punishment.

State Reports (Sec. 4703)

Under this provision, the chief executive officer of a state that receives a grant must submit a biennial report to the Secretary of Education. The report should contain information reported by local educational agencies regarding incidents of bullying and harassment, as well as the state's plans for supporting the efforts of local educational agencies in addressing the prohibited conduct.

Evaluation (Sec. 4704)

This section requires the Secretary of Education to conduct an independent biennial evaluation of programs and policies to combat bullying and harassment in elementary and secondary schools. The evaluation should assess the implementation of the requirements outlined in the bill and determine their effectiveness in reducing the level of bullying incidents. The Secretary must also collect data from states to determine the incidence and frequency of bullying and harassment conduct and submit a report to the President and Congress every 2 years.

Effect on Other Laws (Sec. 4705)

This provision clarifies that the bill does not invalidate or limit any rights, remedies, procedures, or legal standards available to victims of discrimination under other federal or state nondiscrimination laws. It specifically mentions laws such as the Civil Rights Act of 1964, Education Amendments of 1972, Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990. The obligations imposed by this bill are in addition to those imposed by these other laws.

Rule of Construction (Sec. 4706)

This section states that nothing in this bill should be construed to prohibit states or local entities from enacting laws related to the prevention of bullying or harassment that are consistent with the provisions of this bill.

This bill aims to combat bullying and harassment in schools by implementing comprehensive policies and provisions that address and prevent such conduct. By doing so, it seeks to create a safer and healthier learning environment for all students.

Bill Summary

Short Title

This Act may be cited as the 'Protecting Data at the Border Act'.

Findings

The bill recognizes the following:

• US persons have a reasonable expectation of privacy in the digital contents of their electronic equipment and online accounts.
• The Supreme Court has recognized the privacy interests in electronic equipment like cell phones.
• The privacy interest of US persons in their digital contents differs from their privacy interest in closed containers.
• Accessing the digital contents of electronic equipment, online accounts, or obtaining online presence information without a lawful warrant is unreasonable under the Fourth Amendment.

Scope

The bill does not prohibit a Governmental entity from conducting an inspection of electronic equipment without a warrant to determine the presence of weapons or contraband. It also does not limit the authority of a Governmental entity under the Foreign Intelligence Surveillance Act.

Definitions

• 'Access credential' includes usernames, passwords, PIN numbers, fingerprints, or biometric indicators.
• 'Border' means the international border of the United States and its functional equivalent.
• 'Digital contents' means any signs, signals, writing, images, sounds, data, or intelligence transmitted or stored in electronic equipment or online accounts.
• 'Electronic communication service' has the meaning given in section 2510 of title 18, United States Code.
• 'Electronic equipment' means computers.
• 'Governmental entity' means a department or agency of the United States.
• 'Online account' means an online account with an electronic communication service or remote computing service.
• 'Online account information' means the screen name or other identifier that would allow a Governmental entity to identify the online presence of an individual.
• 'Remote computing service' has the meaning given in section 2711 of title 18, United States Code.
• 'United States person' means an individual who is a United States person as defined in section 101 of the Foreign Intelligence Surveillance Act.

Procedures for Lawful Access to Digital Data at the Border

A Governmental entity may not access the digital contents of electronic equipment belonging to or in the possession of a US person at the border without a valid warrant supported by probable cause. They also cannot deny entry or exit based on a refusal to disclose access credentials or provide access to digital contents or online account information. Entry or exit may not be delayed for more than 4 hours.

Emergency Exceptions

In emergency situations, an investigative or law enforcement officer may access digital contents without a warrant if they reasonably determine that an emergency situation exists involving threat to life, national security, or organized crime. The officer must apply for a warrant as soon as possible, but not later than 7 days after the emergency access.

Informed Consent in Writing

A Governmental entity must provide written notice before requesting consent to access digital contents or access credentials. The person must be informed of their rights and protections under the Act.

Retention of Digital Contents

If a Governmental entity obtains access to digital contents, they may not make or retain a copy unless they have probable cause to believe it contains evidence of a crime. If access is obtained unlawfully, any copies must be destroyed, and the information may not be disclosed or shared with other authorities.

Recordkeeping

A Governmental entity must keep a record of each instance in which they access digital contents or online account information at the border, including the reason for access, nature of access, and whether any equipment was seized.

Limits on Use of Digital Contents as Evidence

If digital contents or online account information is obtained in violation of this Act, it cannot be used as evidence in any trial or proceeding.

Limits on Seizure of Electronic Equipment

Electronic equipment belonging to or in the possession of a US person at the border may only be seized if there is probable cause to believe it contains information relevant to a felony allegation.

Audit and Reporting Requirements

The Secretary of Homeland Security must submit an annual report to Congress and make it publicly available. The report must include data on the number of times access was granted to digital contents, consent was requested, and digital contents were accessed without a valid warrant. It must also include demographic data on the individuals for whom access was granted.