Patsy T. Mink Gender Equity in Education Act of 2016
This bill requires the Department of Education (ED) to establish an Office for Gender Equity to support state and local educational agencies, institutions of higher education, and elementary and secondary schools in fully implementing title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in federally funded education programs or activities. The office may provide grants and perform activities to reduce or prevent discrimination, bias, harassment, or violence based on actual or perceived sex, sexual orientation, gender, gender identity, pregnancy, childbirth, or related medical conditions or stereotypes in all areas of education.
The office must: (1) provide technical assistance and annual training to title IX coordinators, and (2) develop a handbook for conducting self-evaluations of title IX compliance. The training must address "compound discrimination" (defined as discrimination based on sex and other characteristics, including race, ethnicity, national origin, disability status, religion, or age).
The office may award grants to educational entities and partnerships to:
ED must coordinate with the Institute of Education Sciences and other federal offices and entities to investigate, identify, and disseminate best practices to: (1) reduce and prevent sex stereotyping, bias, and discrimination in curricula and educational materials; (2) address sex-based harassment and violence on campuses; (3) develop counseling and career guidance training; (4) mitigate implicit bias in teaching and discipline; and (5) address the needs of students who face compound discrimination.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5682 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5682
To support educational entities in fully implementing title IX and
reducing and preventing sex discrimination in all areas of education.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 7, 2016
Ms. Slaughter introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To support educational entities in fully implementing title IX and
reducing and preventing sex discrimination in all areas of education.
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 ``Patsy T. Mink Gender Equity in
Education Act of 2016''.
SEC. 2. FINDINGS.
Findings.--Congress finds the following:
(1) Title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.) (in this Act referred to as ``title IX'') and the
implementing regulations of title IX prohibit sex
discrimination in federally funded education programs and
activities.
(2) Although title IX ensures equal opportunities to
participate in athletics, female participation rates,
especially for girls of color, lag far behind male
participation rates. The National Women's Law Center reports
that only 64 percent of Black girls, 64 percent of Hispanic
girls, and 53 percent of Asian-American girls play sports,
compared to 76 percent of Caucasian girls. Female student
athletes have been found to have higher levels of self-esteem
and to be more likely to graduate from high school than female
students who do not play sports. Although the availability of
athletic scholarships facilitates access to higher education,
many schools fail to award proportional athletic financial aid
to females, which can affect the long-term employment outcomes
and economic security of women.
(3) Although title IX ensures gender equity in career and
technical education, women are severely underrepresented in
nontraditional fields. The American Association for the
University of Women reports that females make up more than 70
percent of students enrolled in classes that prepare students
for low-paying and historically female jobs, such as caregivers
and cosmetologists and only 20 percent of students enrolled in
classes that prepare students for high-paying and historically
male jobs, such as energy technicians and electricians.
(4) Although title IX ensures gender equity in the fields
of science, technology, engineering, and mathematics (in this
section referred to as ``STEM'') education, women are
disproportionately lost at nearly every stage of the STEM
pipeline. The National Student Clearinghouse reports that the
percentage of women earning STEM degrees has decreased over the
past decade, with women earning 19 percent of engineering
bachelor's degrees, 18 percent of computing bachelor's degrees,
42 percent of mathematics bachelor's degrees, and 39 percent of
physical science bachelor's degrees. In 2013, women of color
earned only 6 percent of computing bachelor's degrees and 3
percent of engineering bachelor's degrees.
(5) Although title IX prohibits sex discrimination in
employment in federally funded education programs, women
comprise only 37.5 percent of tenured faculty and 22 percent of
university presidents, and female representation in STEM drops
at every faculty and leadership level. The National Science
Foundation reports that women hold only 25 percent of all
tenured and tenure-track positions and 17 percent of full
professor positions in STEM fields, Black and Hispanic women
together hold only 4.4 percent of all tenured and tenure-track
positions and 1.5 percent of full professor positions in STEM
fields, and Asian-American women hold only 6.1 percent of all
tenured and tenure-track positions and 1.9 percent of full
professor positions in STEM fields.
(6) Although title IX protects against sexual and sex-based
harassment and violence, more than 50 percent of girls in
grades 7 through 12 experience sexual harassment each year and
approximately 10 percent of high school students experience
dating violence each year. A 2013 study by the Gay Lesbian
Straight Education Network reports that 55 percent of lesbian,
gay, bisexual, and transgender youth report feeling unsafe at
school because of their sexual orientation and 38 percent
report feeling unsafe because of their gender expression.
Research has shown that students who experience harassment at
school are more likely to experience depression and anxiety, to
engage in unhealthy and antisocial behaviors, and to have more
unexcused absences from school.
(7) Although title IX guarantees access to medical leave,
the availability of accommodations for pregnancy-related
conditions, and the availability of enrollment in school-
related activities for pregnant and parenting students,
numerous studies have found that pregnancy and parenting are
the leading reasons that females drop out of high school. A
2012 report from the National Women's Law Center shows that
only 51 percent of teenage mothers earn a high school diploma
by the age of 22, compared with 89 percent of women who do not
have a child during their teenage years, limiting continuing
opportunities for education and employment.
(8) Although title IX protects against discrimination based
on stereotypes of actual or perceived sex, gender, gender
identity, or sexual orientation, many people carry implicit or
unconscious biases that can unintentionally influence
attitudes, beliefs, behaviors, and decisionmaking processes.
Research has shown that unconscious biases can impact classroom
environments, teaching methods, student evaluations,
disciplinary practices, and career and counseling guidance,
particularly for students who are pursuing nontraditional
fields.
SEC. 3. DEFINITIONS.
In this Act:
(1) ESEA definitions.--The terms ``elementary school'',
``institution of higher education'', ``local educational
agency'', ``secondary school'', and ``State educational
agency'' have the meanings given those terms in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(2) Compound discrimination.--The term ``compound
discrimination'' means discrimination based on sex, and one or
more other characteristic, including race, ethnicity, national
origin, disability status, religion, or age.
(3) Director.--The term ``Director'' means the Director of
the Officer for Gender Equity established under section 5(a).
(4) Educational entity.--The term ``educational entity''
means any of the following entities that receive Federal funds:
(A) A State educational agency.
(B) A local educational agency.
(C) An institution of higher education.
(D) An elementary school or secondary school.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(6) Sex discrimination.--The term ``sex discrimination''
means bias, discrimination, harassment, or violence based on:
(A) Actual or perceived sex, sexual orientation,
gender, or gender identity.
(B) Pregnancy, childbirth, or a related medical
condition.
(C) A stereotype associated with any characteristic
described in subparagraphs (A) or (B).
(7) Title ix coordinator.--The term ``title IX
coordinator'' means a responsible employee, as described in
section 106.8(a) of title 34, Code of Federal Regulations,
designated to coordinate efforts under title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.).
SEC. 4. PURPOSES.
The purposes of this Act are to--
(1) promote gender equity in education in the United
States;
(2) support educational entities so that such entities have
the support to fully implement title IX;
(3) provide title IX coordinators with training, technical
assistance, and support to fully carry out their roles and
responsibilities;
(4) increase general awareness about the rights and
obligations of individuals and entities under title IX;
(5) identify, implement, and disseminate best practices for
reducing and preventing sex discrimination in all areas of
education;
(6) promote educational environments that are safe and free
of sexual and sex-based bullying, harassment, and violence; and
(7) promote equity in education for students who face
compound discrimination.
SEC. 5. ESTABLISHMENT OF AN OFFICE FOR GENDER EQUITY.
(a) In General.--The Secretary shall establish an Office for Gender
Equity. The Director of the Office for Gender Equity shall be the
Special Assistant for Gender Equity, as authorized under section
202(b)(3) of the Department of Education Organization Act (20 U.S.C.
3412(b)(3)). The Director of the Office for Gender Equity shall report
directly to the Secretary.
(b) Duties.--The Office for Gender Equity shall be responsible for
the following:
(1) Supporting educational entities in the full
implementation of title IX.
(2) Providing title IX coordinators with training,
technical assistance, and support to fully carry out their
roles and responsibilities.
(3) Providing grants to implement programs and activities
that are focused on reducing and preventing sex discrimination
in all areas of education.
(4) Identifying and disseminating best practices for
reducing and preventing sex discrimination in all areas of
education.
(5) Maintaining an Office of Gender Equity resource center
website to disseminate best practices in achieving gender
equity.
(6) Performing any other activity consistent with achieving
the purposes of this Act.
(c) Coordination.--To carry out the purposes of this Act, the
Secretary shall coordinate with other relevant Federal offices and
agencies, including--
(1) the Office for Civil Rights of the Department of
Education;
(2) the Institute of Education Sciences;
(3) the White House Council on Women and Girls;
(4) the Women's Bureau of the Department of Labor;
(5) the Office on Women's Health of the Department of
Health and Human Services;
(6) the Civil Rights Division of the Department of Justice;
(7) the Office on Violence Against Women of the Department
of Justice;
(8) the Centers for Disease Control and Prevention;
(9) the Office of Safe and Healthy Students of the
Department of Education; and
(10) other entities determined relevant for carrying out
the purposes of this Act.
SEC. 6. SUPPORT FOR TITLE IX COORDINATORS.
(a) In General.--The Director shall provide coordination, training,
technical assistance, and support for title IX coordinators to ensure
that educational entities are able to fully implement title IX and
reduce and prevent sex discrimination in all areas of education.
(b) Title IX Coordinator Training.--
(1) In general.--Not less than once a year, the Director
shall conduct a training for all title IX coordinators. The
training may be conducted in partnership with a national
organization with relevant expertise, and may be completed
online or in person.
(2) Contents of training.--The training described in
paragraph (1) shall include the following information:
(A) The role and responsibility of title IX
coordinators.
(B) Best practices for increasing awareness about
rights and obligations under title IX.
(C) Best practices for investigating and responding
to claims of violations of title IX.
(D) Best practices for identifying and preventing
implicit and explicit sex discrimination in all areas
of education, including--
(i) recruitment and admissions;
(ii) teaching practices, textbooks, and
curricula;
(iii) campus safety and security;
(iv) financial assistance;
(v) access to facilities, resources, and
housing;
(vi) access to course offerings;
(vii) student health services and insurance
benefits;
(viii) counseling and career guidance;
(ix) athletics;
(x) discipline policies;
(xi) employment; and
(xii) other areas that the Director
determines are relevant for such purposes.
(3) Application of training.--
(A) In general.--The Director shall take steps to
ensure that the trainings described in paragraph (1)--
(i) are adapted, as necessary, to address
issues of sex discrimination at all levels of
education;
(ii) are updated with the latest evidence-
based best practices; and
(iii) address recent trends in sex
discrimination.
(B) Attention to compound discrimination.--The
Director shall take steps to ensure that such trainings
include attention to students who face compound
discrimination.
(C) Evaluation.--The Director shall--
(i) develop and conduct pre- and post-
training evaluations to assess the
effectiveness of such trainings in improving
the knowledge of the roles and responsibilities
of title IX coordinators; and
(ii) use such evaluations to update the
title IX coordinator trainings annually.
(c) Handbook for Conducting Title IX Compliance Self-Evaluations.--
The Director shall develop a handbook for conducting self-evaluations
of compliance with title IX in all areas of education, as described in
subsection (b)(2)(D).
(d) Assessment of Title IX Coordinator Support.--The Director shall
collect relevant data and statistics on all title IX coordinators,
including salary information, budgets, and primary roles, in order to
make recommendations for improving title IX coordinator support.
(e) Dissemination.--The Director shall ensure that the workplace
contact information of all title IX coordinators and any training
materials or information developed under this section are made
available on the Office of Gender Equity resource center website,
described in section 5(b)(5).
SEC. 7. SUPPORT FOR LOCAL IMPLEMENTATION.
(a) Grants Authorized.--
(1) In general.--The Secretary, acting through the
Director, is authorized to award grants to educational entities
to support such educational entities in fully implementing
title IX and reducing and preventing sex discrimination in all
areas of education.
(2) Eligible entity.--In this section, the term ``eligible
entity'' means--
(A) a State educational agency;
(B) a local educational agency;
(C) an institution of higher education;
(D) an elementary school or secondary school; or
(E) a partnership consisting of--
(i) an entity described in subparagraphs
(A) through (D); and
(ii) a national organization with relevant
expertise, or another entity that the Secretary
determines has relevant expertise.
(b) Use of Funds.--An eligible entity receiving a grant shall use
such funds to carry out programs and activities designed to fully
implement title IX and prevent and reduce sex discrimination, including
programs and activities that--
(1) increase awareness of and counteract sex stereotypes,
biases, and discrimination;
(2) include trainings for students, teachers, faculty, and
all personnel to learn about best practices for reducing and
preventing sex discrimination in all areas of education;
(3) increase access to campus resources, facilities, and
course offerings;
(4) support title IX coordinators in performing outreach,
advocacy, and education about title IX and reducing and
preventing sex discrimination;
(5) are aimed at identifying patterns or systemic problems
in compliance with title IX;
(6) strengthen prevention education and awareness programs
regarding sexual and sex-based harassment and violence;
(7) conduct and analyze campus climate and victimization
surveys;
(8) include institutional assessment activities to identify
areas and causes of gender inequities;
(9) make efforts to improve progress on gender equity
indicators as described in subsection (c)(2)(A); and
(10) make efforts to improve accuracy in measurement, data
collection, and reporting of gender equity indicators as
described in subsection (c)(2)(A).
(c) Applications.--
(1) In general.--An eligible entity desiring a grant under
this section shall submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary may reasonably require.
(2) Contents of application.--Each application submitted by
an eligible entity under this section shall include the
following:
(A) A description of locally defined and documented
gender equity needs and priorities, which may include
any of the following indicators:
(i) Academic indicators, including
performance on State assessments, enrollment,
admission, attrition, time to completion, and
graduation rates.
(ii) Civil rights data, including
statistics on bullying, harassment, violence,
discipline and expulsion.
(iii) Campus climate and victimization
data.
(iv) Employment data.
(v) Attendance and absenteeism data.
(vi) Evidence of burden on title IX
coordinators, including coordinator to student
ratio and competing responsibilities.
(vii) Other documentation of need that the
Secretary determines is relevant.
(B) A description of the evidence that will serve
as the basis for the activities that the eligible
entity proposes to carry out using grant funds under
this section.
(C) A description of the activities that the
eligible entity proposes to carry out using grant funds
under this section.
(D) A description of how the proposed activities
will be adapted, as necessary, to meet the needs of
students who face compound discrimination.
(E) A description of how the proposed activities
will help the educational entity fully implement title
IX.
(F) A description of a plan for how the proposed
activities under this section will continue with local
support following completion of the grant period and
termination of Federal funding.
(G) A description of how the proposed activities
are a significant component of a comprehensive plan for
gender equity in education and full implementation of
title IX.
(d) Rule of Construction.--Nothing in this section shall be
construed as prohibiting persons of any sex or gender from
participating in any of the programs or activities funded under this
section.
(e) Award Basis.--
(1) Merit review.--Grants shall be awarded under this
section on a competitive basis.
(2) Priorities.--
(A) In general.--The Secretary shall establish
criteria for determining which eligible entities shall
have priority in receiving a grant under this section.
(B) Level of priority.--The criteria described in
subparagraph (A) may include a consideration of the
extent to which the application demonstrates that the
eligible entity--
(i) has demonstrated a high need for gender
equity assistance based on indicators described
in subsection (c)(2)(A) and a high commitment
to addressing these issues;
(ii) will address the needs of students who
face compound discrimination;
(iii) has not previously received
assistance under this section;
(iv) will address relevant issues of
national significance through solutions that
can be replicated;
(v) will implement an institutional change
strategy with a long-term impact that will
continue to be a central activity of the
eligible entity upon termination of the grant;
and
(vi) will serve a high percentage of low-
income students.
(C) Special rule.--To the extent practicable, the
Secretary shall ensure that grants awarded under this
section, for each fiscal year, address--
(i) all levels of education, including--
(I) elementary and secondary
education;
(II) undergraduate and graduate
education;
(III) postdoctoral education and
research;
(IV) career and technical
education; and
(V) adult education;
(ii) all regions of the United States; and
(iii) urban, rural, and suburban
educational entities.
(f) Evaluation and Dissemination.--
(1) Evaluation.--
(A) In general.--Each eligible entity that receives
a grant under this section shall conduct an assessment
about the extent to which the eligible entity made
progress on the indicators under subsection (c)(2)(A).
(B) Assessment.--An eligible entity may work in
partnership with the Institute of Education Sciences to
conduct such assessment.
(C) Use by secretary.--Not later than 1 year after
receiving the grant award, the eligible entity shall
submit a report to the Secretary containing the results
of such assessment. The Secretary shall use those
reports in order to build the knowledge base on
promising models for preventing and reducing sex
discrimination across all areas and levels of
education.
(2) Dissemination.--The Secretary shall coordinate with the
Director of the Institute of Education Sciences and other
relevant Federal offices and agencies to--
(A) ensure that the results of the activities
carried out under this section are made readily
available on the Office for Gender Equity resource
center website; and
(B) widely disseminate the results described in
subparagraph (A) to relevant Federal offices, and
agencies, educational entities and the general public.
SEC. 8. RESEARCH AND DEVELOPMENT.
(a) In General.--The Secretary shall coordinate with the Director
of the Institute of Education Sciences and other relevant Federal
offices and agencies and entities to investigate, identify, and
disseminate best practices to fully implement title IX and reduce and
prevent sex discrimination in all areas of education, including--
(1) the reduction and prevention of sex stereotyping, bias,
and discrimination in curricula, textbooks, software, and other
educational materials;
(2) the development of policies and programs to--
(A) address and prevent sexual and sex-based
harassment and violence; and
(B) ensure that campuses are free from threats to
the safety of students, teachers, faculty, and
personnel;
(3) the development and evaluation of--
(A) counseling and career guidance training; and
(B) programs to reduce and prevent sex
stereotyping, bias, and discrimination;
(4) best practices for mitigating implicit bias in
teaching, discipline, and all areas of education;
(5) best practices for addressing the needs of students who
face compound discrimination; and
(6) other activities that the Secretary determines are
consistent with the purposes of this Act.
(b) Dissemination.--The best practices described under subsection
(a) shall be published on the Office for Gender Equity resource center
website, as described in section 5(b)(5), and the What Works
Clearinghouse website of the Institute of Education Sciences.
SEC. 9. REPORT; DISSEMINATION.
(a) Report to Congress.--Not later than 2 years after the date of
enactment of this Act and every 2 years thereafter, the Secretary shall
publish a report on the steps the Department of Education has taken
to--
(1) support educational entities in fully implementing
title IX and reducing and preventing sex discrimination;
(2) provide coordination, training, and resources for title
IX coordinators to fully carry out their roles and
responsibilities; and
(3) promote equity in education for students who face
compound discrimination.
(b) Dissemination.--The Secretary shall coordinate with the
Director of the Institute of Education Sciences and the heads of
relevant Federal agencies to ensure that the results of trainings,
activities, evaluations, and research developments under this Act are
made readily available on the Office for Gender Equity resource center
website and disseminated widely to other relevant Federal agencies and
offices, educational entities, and the general public.
SEC. 10. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed--
(1) as modifying any provision of title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.); or
(2) as affecting the enforcement of such title by the
Department of Education, the Department of Justice, or any
other Federal agency.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $80,000,000 for each of fiscal years 2017 through 2021.
(b) Use.--From amounts made available to carry out this Act for
each fiscal year, the Secretary shall use not less than $70,000,000 of
such amounts to award grants under section 7.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
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