School and Campus Safety Programs and Requirements in the Elementary and Secondary Education Act and Higher Education Act [December 19, 2012] [open pdf - 298KB]
"In the United States, more than 75 million students are enrolled in elementary and secondary schools and institutions of higher education (IHEs). During the 2009-2010 school year (most recent data available), there were 33 school-associated violent deaths in elementary and secondary schools. In 2010, students aged 12-18 were victims of approximately 828,400 nonfatal crimes at school, including thefts, simple assault, rape, sexual assault, robbery, and aggravated assault. At IHEs in 2011, about 31,823 criminal incidents were reported as having occurred on campus, including 16 incidents of murder, 3,396 forcible sex offenses, 2,440 aggravated assaults, and 20,072 burglaries. The December 14, 2012, shooting deaths of 20 children and 6 adults at Sandy Hook Elementary School in Newtown, CT, have heightened concerns about school security. Safeguarding the security of students as they pursue an education is a paramount concern of federal, state, and local governments, as well as the school districts, schools, and institutions that enroll these students. Both the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLBA; P.L. [Public Law] 107-110), and the Higher Education Act of 1965 (HEA) contain requirements regarding crime and student safety. The ESEA also includes specific programs that support efforts to prevent school violence. While the HEA does not authorize specific programs to address campus crime and security issues, Section 485(f) of Title IV of the HEA contains statutory requirements related to campus crime and security, known collectively as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). Institutions must comply with these requirements to participate in the federal student aid programs and other programs authorized by HEA Title IV (e.g., Pell Grants). This report discusses these provisions and programs as they apply to elementary and secondary schools and IHEs. It begins with a description of programs and requirements included in the ESEA, which is followed by a discussion of relevant requirements included in the HEA. Where available, the most recent funding level for each program is provided."
CRS Report for Congress, RL33980