Student Non-Discrimination Act of 2013 - Prohibits public school students from being excluded from participating in, or subject to discrimination under, any federally-assisted educational program on the basis of their actual or perceived sexual orientation or gender identity or that of their associates.
Considers harassment to be a form of discrimination.
Prohibits retaliation against anyone for opposing conduct they reasonably believe to be unlawful under this Act.
Authorizes federal departments and agencies to enforce these prohibitions by cutting off the educational assistance of recipients found to be violating them.
Allows an aggrieved individual to assert a violation of this Act in a judicial proceeding and recover reasonable attorney's fees should they prevail.
Deems a state's receipt of federal educational assistance for a program to constitute a waiver of sovereign immunity for conduct prohibited under this Act regarding such program.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1652 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1652
To end discrimination based on actual or perceived sexual orientation
or gender identity in public schools, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2013
Mr. Polis (for himself, Mr. Schiff, Mr. Carson of Indiana, Ms. Hahn,
Mr. McDermott, Mr. Moran, Mrs. Napolitano, Ms. Pingree of Maine, Mr.
Holt, Ms. Kuster, Ms. Wasserman Schultz, Mr. Cicilline, Mr. Sarbanes,
Mr. Israel, Ms. Fudge, Mr. Van Hollen, Ms. Esty, Mrs. Capps, Mr.
Blumenauer, Mr. Brady of Pennsylvania, Mr. Himes, Mr. Sires, Mrs. Davis
of California, Mr. Capuano, Mr. Braley of Iowa, Ms. Slaughter, Mr.
Swalwell of California, Ms. Chu, Mr. Waxman, Mr. Pocan, Mrs. Carolyn B.
Maloney of New York, Mr. Price of North Carolina, Mr. Clay, Mr.
Langevin, Mr. Engel, Mr. Higgins, Mr. Hastings of Florida, Mr.
Lowenthal, Ms. Norton, Mr. George Miller of California, Mr. Farr, Mr.
Tonko, Mr. Connolly, Mr. Conyers, Ms. Roybal-Allard, Mr. Lynch, Mr.
Hinojosa, Ms. Tsongas, Mr. Sean Patrick Maloney of New York, Mr.
Serrano, Ms. McCollum, Mr. Deutch, Ms. DeLauro, Ms. Linda T. Sanchez of
California, Mr. Pascrell, Ms. Lofgren, Mr. Quigley, Ms. Lee of
California, Mr. Schneider, Ms. Matsui, Mr. McGovern, Mr. Keating, Mr.
Ellison, Mr. Cummings, Mr. Michaud, Mr. Markey, Ms. Bonamici, Mr.
Welch, Ms. Schwartz, Mr. Cartwright, Mr. Sherman, Mr. Loebsack, Ms.
DeGette, Mr. Smith of Washington, Mr. Doggett, Ms. Schakowsky, Mr.
Lewis, Mrs. McCarthy of New York, Mr. Grijalva, Mr. Kildee, Mr. Watt,
Ms. Wilson of Florida, Ms. DelBene, Ms. Castor of Florida, Mr. Larsen
of Washington, Mr. Rangel, Ms. Edwards, Mr. Andrews, Mr. Ben Ray Lujan
of New Mexico, Ms. Kaptur, Mrs. Negrete McLeod, Ms. Jackson Lee, Mr.
Meeks, Mr. Levin, Mr. Al Green of Texas, Mr. Rush, Mr. Pallone, Mr.
Takano, Ms. Speier, Ms. Moore, Mr. Payne, Mr. Walz, Mr. Kind, Ms.
Frankel of Florida, Ms. Sinema, Ms. Titus, Mr. Crowley, Ms. Michelle
Lujan Grisham of New Mexico, Mr. Huffman, Mr. Peters of California, Mr.
Garcia, Ms. Waters, Mr. Nadler, Ms. Eddie Bernice Johnson of Texas, Mr.
Gutierrez, Mr. Bishop of New York, Ms. Ros-Lehtinen, Mr. Vargas, Ms.
Pelosi, Mr. Peters of Michigan, and Mr. Cohen) introduced the following
bill; which was referred to the Committee on Education and the
Workforce
_______________________________________________________________________
A BILL
To end discrimination based on actual or perceived sexual orientation
or gender identity in public schools, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Non-Discrimination Act of
2013''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Public school students who are lesbian, gay, bisexual
or transgender (LGBT), or are perceived to be LGBT, or who
associate with LGBT people, have been and are subjected to
pervasive discrimination, including harassment, bullying,
intimidation and violence, and have been deprived of equal
educational opportunities, in schools in every part of our
Nation.
(2) While discrimination, including harassment, bullying,
intimidation and violence, of any kind is harmful to students
and to our education system, actions that target students based
on sexual orientation or gender identity represent a distinct
and especially severe problem.
(3) Numerous social science studies demonstrate that
discrimination, including harassment, bullying, intimidation
and violence, at school has contributed to high rates of
absenteeism, dropout, adverse health consequences, and academic
underachievement among LGBT youth.
(4) When left unchecked, discrimination, including
harassment, bullying, intimidation and violence, in schools
based on sexual orientation or gender identity can lead, and
has led to, life-threatening violence and to suicide.
(5) Public school students enjoy a variety of
constitutional rights, including rights to equal protection,
privacy, and free expression, which are infringed when school
officials engage in discriminatory treatment or are indifferent
to discrimination, including harassment, bullying, intimidation
and violence, on the basis of sexual orientation or gender
identity.
(6) While Federal statutory protections expressly address
discrimination on the basis of race, color, sex, religion,
disability, and national origin, Federal civil rights statutes
do not expressly include ``sexual orientation'' or ``gender
identity''. As a result, students and parents have often had
limited legal recourse to redress for discrimination on the
basis of sexual orientation or gender identity.
(b) Purposes.--The purposes of this Act are--
(1) to ensure that all students have access to public
education in a safe environment free from discrimination,
including harassment, bullying, intimidation and violence, on
the basis of sexual orientation or gender identity;
(2) to provide a comprehensive Federal prohibition of
discrimination in public schools based on actual or perceived
sexual orientation or gender identity;
(3) to provide meaningful and effective remedies for
discrimination in public schools based on actual or perceived
sexual orientation or gender identity;
(4) to invoke congressional powers, including but not
limited to the power to enforce the 14th Amendment to the
Constitution and to provide for the general welfare pursuant to
section 8 of article I of the Constitution and the power to
enact all laws necessary and proper for the execution of the
foregoing powers pursuant to section 8 of article I of the
Constitution, in order to prohibit discrimination in public
schools on the basis of sexual orientation or gender identity;
and
(5) to allow the Department of Education to effectively
combat discrimination based on sexual orientation or gender
identity in public schools through regulation and enforcement,
as the Department has issued regulations under and enforced
title IX of the Education Amendments of 1972 and other
nondiscrimination laws in a manner that effectively addresses
discrimination.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Program or activity.--The terms ``program or activity''
and ``program'' have same meanings given such terms as applied
under section 606 of the Civil Rights Act of 1964 (42 U.S.C.
2000d-4a) to the operations of public entities under paragraph
(2)(B) of such section.
(2) Gender identity.--The term ``gender identity'' means
the gender-related identity, appearance, or mannerisms or other
gender-related characteristics of an individual, with or
without regard to the individual's designated sex at birth.
(3) Harassment.--The term ``harassment'' means conduct that
is sufficiently severe, persistent, or pervasive to limit a
student's ability to participate in or benefit from a public
school education program or activity, or to create a hostile or
abusive educational environment at a public school, including
acts of verbal, nonverbal, or physical aggression,
intimidation, or hostility, if such conduct is based on--
(A) a student's actual or perceived sexual
orientation or gender identity; or
(B) the actual or perceived sexual orientation or
gender identity of a person or persons with whom a
student associates or has associated.
(4) Public schools.--The term ``public schools'' means
public elementary and secondary schools, including local
educational agencies, educational service agencies, and State
educational agencies, as defined in section 9101 of the
Elementary and Secondary Education Act of 1965.
(5) Sexual orientation.--The term ``sexual orientation''
means homosexuality, heterosexuality, or bisexuality.
(6) Student.--The term ``student'' means an individual who
is enrolled in a public school or who, regardless of official
enrollment status, attends classes or participates in a public
school's programs or educational activities.
SEC. 4. PROHIBITION AGAINST DISCRIMINATION; EXCEPTIONS.
(a) In General.--No student shall, on the basis of actual or
perceived sexual orientation or gender identity of such individual or
of a person with whom the student associates or has associated, be
excluded from participation in, or be denied the benefits of, or be
subjected to discrimination under any program or activity receiving
Federal financial assistance.
(b) Harassment.--For purposes of this Act, discrimination includes,
but is not limited to, harassment of a student on the basis of actual
or perceived sexual orientation or gender identity of such student or
of a person with whom the student associates or has associated.
(c) Retaliation Prohibited.--
(1) Prohibition.--No person shall be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination, retaliation, or reprisal under any program or
activity receiving Federal financial assistance based on his or
her opposition to conduct made unlawful by this Act.
(2) Definition.--For purposes of this subsection,
``opposition to conduct made unlawful by this Act'' includes,
but is not limited to--
(A) opposition to conduct reasonably believed to be
made unlawful by this Act,
(B) any formal or informal report, whether oral or
written, to any governmental entity, including public
schools and employees thereof, regarding conduct made
unlawful by this Act or reasonably believed to be made
unlawful by this Act,
(C) participation in any investigation, proceeding,
or hearing related to conduct made unlawful by this Act
or reasonably believed to be made unlawful by this Act,
and
(D) assistance or encouragement provided to any
other person in the exercise or enjoyment of any right
granted or protected by this Act,
if in the course of that expression, the person involved does
not purposefully provide information known to be false to any
public school or other governmental entity regarding a
violation, or alleged violation, of this Act.
SEC. 5. FEDERAL ADMINISTRATIVE ENFORCEMENT; REPORT TO CONGRESSIONAL
COMMITTEES.
Each Federal department and agency which is empowered to extend
Federal financial assistance to any education program or activity, by
way of grant, loan, or contract other than a contract of insurance or
guaranty, is authorized and directed to effectuate the provisions of
section 4 of this Act with respect to such program or activity by
issuing rules, regulations, or orders of general applicability which
shall be consistent with achievement of the objectives of the Act
authorizing the financial assistance in connection with which the
action is taken. No such rule, regulation, or order shall become
effective unless and until approved by the President. Compliance with
any requirement adopted pursuant to this section may be effected--
(1) by the termination of or refusal to grant or to
continue assistance under such program or activity to any
recipient as to whom there has been an express finding on the
record, after opportunity for hearing, of a failure to comply
with such requirement, but such termination or refusal shall be
limited to the particular political entity, or part thereof, or
other recipient as to whom such a finding has been made, and
shall be limited in its effect to the particular program, or
part thereof, in which such noncompliance has been so found, or
(2) by any other means authorized by law,
except that no such action shall be taken until the department or
agency concerned has advised the appropriate person or persons of the
failure to comply with the requirement and has determined that
compliance cannot be secured by voluntary means. In the case of any
action terminating, or refusing to grant or continue, assistance
because of failure to comply with a requirement imposed pursuant to
this section, the head of the Federal department or agency shall file
with the committees of the House and Senate having legislative
jurisdiction over the program or activity involved a full written
report of the circumstances and the grounds for such action. No such
action shall become effective until 30 days have elapsed after the
filing of such report.
SEC. 6. CAUSE OF ACTION.
(a) Cause of Action.--Subject to subsection (c) of this section, an
aggrieved individual may assert a violation of this Act in a judicial
proceeding. Aggrieved persons may be awarded all appropriate relief,
including but not limited to equitable relief, compensatory damages,
cost of the action, and remedial action.
(b) Rule of Construction.--This section shall not be construed to
preclude an aggrieved individual from obtaining other remedies under
any other provision of law or to require such individual to exhaust any
administrative complaint process or notice-of-claim requirement before
seeking redress under this section.
(c) Statute of Limitations.--For actions brought pursuant to this
section, the statute of limitations period shall be determined in
accordance with section 1658(a) of title 28 of the United States Code.
The tolling of any such limitations period shall be determined in
accordance with the law governing actions under section 1979 of the
Revised Statutes (42 U.S.C. 1983) in the forum State.
SEC. 7. STATE IMMUNITY.
(a) State Immunity.--A State shall not be immune under the 11th
Amendment to the Constitution of the United States from suit in Federal
court for a violation of this Act.
(b) Waiver.--A State's receipt or use of Federal financial
assistance for any program or activity of a State shall constitute a
waiver of sovereign immunity, under the 11th Amendment to the
Constitution or otherwise, to a suit brought by an aggrieved individual
for a violation of section 4 of this Act.
(c) Remedies.--In a suit against a State for a violation of this
Act, remedies (including remedies both at law and in equity) are
available for such a violation to the same extent as such remedies are
available for such a violation in the suit against any public or
private entity other than a State.
SEC. 8. ATTORNEY'S FEES.
Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is
amended by inserting ``the Student Nondiscrimination Act of 2013,''
after ``Religious Land Use and Institutionalized Persons Act of
2000,''.
SEC. 9. EFFECT ON OTHER LAWS.
(a) Federal and State Nondiscrimination Laws.--Nothing in this Act
shall be construed to preempt, invalidate, or limit rights, remedies,
procedures, or legal standards available to victims of discrimination
or retaliation under any other Federal law or law of a State or
political subdivision of a State, 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), the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or section 1979 of
the Revised Statutes (42 U.S.C. 1983). The obligations imposed by this
Act are in addition to those imposed by title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.), and the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(b) Free Speech and Expression Laws and Religious Student Groups.--
Nothing in this Act shall be construed to alter legal standards
regarding, or affect the rights available to individuals or groups
under, other Federal laws that establish protections for freedom of
speech and expression, such as legal standards and rights available to
religious and other student groups under the 1st Amendment to the
Constitution and the Equal Access Act (20 U.S.C. 4071 et seq.).
SEC. 10. SEVERABILITY.
If any provision of this Act, or any application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, and the application of the provision to any
other person or circumstance shall not be affected.
SEC. 11. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of the enactment
of this Act and shall not apply to conduct occurring before the
effective date of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education.
Referred to the Subcommittee on Higher Education and Workforce Training.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line