Students' Access to Freedom and Educational Rights Act of 2022
This bill expands protections against discrimination and harassment in federally funded education programs or activities. Among other provisions, the bill (1) establishes statutory standards of liability for harassment and relevant remedies under specified statutes; (2) requires the Department of Education to develop a climate survey on K-12 students' experiences with domestic violence, dating violence, sexual assault, sexual harassment, and stalking; and (3) establishes training requirements and a grant program for Title IX coordinators.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5158 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 5158
To strengthen civil rights protections against harassment based on sex,
race, color, national origin, disability, or age.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 1, 2022
Mr. Casey (for himself, Ms. Hirono, Mr. Booker, Mr. Whitehouse, and Ms.
Baldwin) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To strengthen civil rights protections against harassment based on sex,
race, color, national origin, disability, or age.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Students' Access
to Freedom and Educational Rights Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--PROHIBITION ON HARASSMENT
Sec. 101. Amendments to title IX of the Education Amendments of 1972.
Sec. 102. Amendments to the Rehabilitation Act of 1973.
Sec. 103. Amendments to title VI of the Civil Rights Act of 1964.
Sec. 104. Amendments to the Age Discrimination Act of 1975.
TITLE II--TRANSPARENCY, TRAINING, AND SUPPORT FOR STUDENTS
Sec. 201. Department of Education enforcement.
Sec. 202. Disclosure of religious exemptions from title IX of the
Education Amendments of 1972.
Sec. 203. Climate surveys for k-12 schools.
Sec. 204. Civil Rights Data Collection.
Sec. 205. Support for students.
Sec. 206. Title IX coordinators and training requirements.
SEC. 2. FINDINGS.
Congress finds the following:
(1) During a decade of civil rights reforms, Congress
passed title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.) (referred to in this section as ``title VI''),
which prohibits discrimination based on race, color, or
national origin in federally funded programs and activities;
title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.) (referred to in this section as ``title IX''), which
prohibits sex discrimination in federally funded education
programs and activities; section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794) (referred to in this section as
``section 504''), which prohibits discrimination based on
disability in federally funded programs and activities; and the
Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), which
prohibits discrimination based on age in federally funded
programs and activities. Half a century after their passage,
still more needs to be done to ensure that students enjoy
protections consistent with the spirit, intent, and promise of
these groundbreaking civil rights laws.
(2) Schools are still failing to take necessary steps to
prevent harassment on the basis of sex, race, national origin,
color, and disability and provide survivors of sexual assault
and other forms of harassment--especially women and girls,
students of color, LGBTQI+ students, and students with
disabilities--the support and services they need to feel safe
and learn in school, denying them equal educational
opportunities.
(3) As the Supreme Court has held in Franklin v. Gwinnett
County Public Schools, 503 U.S. 60 (1992), and Davis v. Monroe
County Board of Education, 526 U.S. 629 (1999), covered
entities are responsible for preventing and addressing
harassment on the basis of sex in their education programs and
activities under title IX. Following this principle, courts
have similarly required funding recipients to address
harassment based on race, color, national origin, and
disability in their education programs and activities.
(4) Perpetrators of harassment based on sex, race, color,
national origin, or disability at school are not limited to
students, nor are the victims of such harassment. Incidents
have also involved faculty, administrators, coaches,
volunteers, other staff members, and visitors.
(5) Sexual harassment of students, especially of women and
girls, students of color, students with disabilities, and
LGBTQI+ students, is widely prevalent in K-12 and higher
education. For example--
(A) 1 in 5 girls ages 14 through 18 have been
kissed or touched without their consent, 58 percent of
LGBTQI+ youth ages 13 through 21 have been sexually
harassed, and disabled children are 2.9 times more
likely than their peers to be sexually assaulted;
(B) women and girls of color are more likely to
experience sexual harassment in school than their White
peers; and
(C) in college--
(i) more than 1 in 4 women, more than 1 in
15 men, and nearly 1 in 4 transgender,
nonbinary, and gender-nonconforming students
are sexually assaulted during their time as
undergraduates;
(ii) 1 in 7 women, 1 in 10 men, and 1 in 5
transgender, nonbinary, and gender-
nonconforming students experience dating
violence or domestic violence as
undergraduates; and
(iii) 1 in 10 women, 1 in 33 men, and 1 in
7 transgender, nonbinary, and gender-
nonconforming students experience stalking as
undergraduates.
(6) Students also experience forms of sex-based harassment
beyond sexual harassment, such as harassment based on sexual
orientation, gender identity, sex characteristics (including
intersex status), pregnancy, childbirth, medical conditions
related to pregnancy or childbirth, and sex stereotypes.
(A) For example, according to one study, 86.3
percent of LGBTQI+ students experienced harassment or
assault based on personal characteristics, 77.6 percent
reported avoiding school functions, and 71.8 percent
reported avoiding extracurricular activities because
they felt unsafe or uncomfortable.
(B) According to another study, 64 percent of girls
who were pregnant or parenting reported not feeling
safe at school as a barrier to attending school
compared to 32 percent of girls overall.
(7) Like sex-based harassment, harassment based on race,
color, national origin, and disability remains a problem at
educational institutions.
(A) Between 2011 and 2016, the National Center for
Education Statistics documented a 40-percent increase
in college campus hate incidents. According to the
Bureau of Justice Statistics, racial bias is the most
common motivation behind these hate incidents.
(B) The Centers for Disease Control and Prevention
has agreed that racism has a profound and negative
impact on the mental and physical health of people of
color. As such, racist incidents can take a serious
toll on students' overall health and well-being, even
affecting their academic performance. A 2021 UCLA study
found that young adults who experience discrimination
are at higher risk for both short and long-term
behavioral and mental health problems that are
exacerbated with each incident.
(C) According to the Department of Justice, the
rate of violence victimization against persons with
disabilities is nearly 4 times the rate for nondisabled
persons. Nearly \1/3\ of children and adolescents with
disabilities have experienced violence. Corporal
punishment is almost twice as high in schools with a
higher proportion of students with disabilities
receiving special education services as in other
schools. Girls with disabilities are also at higher
risk of sexual violence perpetrated by their peers than
nondisabled girls.
(8) The Government Accountability Office estimated that
about 1 in 4 students aged 12-18 saw hate words or symbols
written at schools in 2014-2015, 2016-2017, and 2018-2019.
(9) Students also often experience intersectional forms of
harassment that, for example, may include sexual harassment
that is racialized or harassment based on having a disability
and being transgender, among other types of intersectional
harassment.
(10) Few students report harassment to their schools, often
because of shame or self-blame, fear of retaliation, fear of
being ignored or disciplined, fear of police or immigration
officials, or lack of knowledge of services schools can offer
to help. In particular, women and girls of color, women and
girls with disabilities, pregnant and parenting students, and
LGBTQI+ students are too often disbelieved and met with
unsupportive responses, including retaliation, after reporting
sexual harassment because of stereotypes that label them as
less credible. Men and boys, too, are often disbelieved or
dismissed when they report sexual harassment.
(11) Failure of a school to comply with title IX, title VI,
and section 504 may limit or deny the ability of students,
employees, and others to participate in or benefit from the
school's education programs or activities leading to
discrimination by creating a hostile learning environment that
impedes educational attainment, damages rights to equal
educational opportunities, and undermines learning for all.
(12) When schools fail to protect student victims of
harassment, including by failing to offer supportive measures
that are designed to preserve and restore the educational
opportunities of the victim, students often suffer in the form
of emotional distress, mental health consequences, lower
academic achievement, lost scholarships and financial aid, poor
school attendance, and decreased school completion rates.
Moreover, many schools may respond negatively to harassment by
creating additional trauma and harm for the student victim
(often by, for example, blaming the student for their
victimization or by refusing to help them), which is also known
as ``institutional betrayal''. Harm may also be caused by the
Title IX coordinators having a conflict of interest, such as
serving within school leadership or local educational agency
leadership (including serving as a principal, vice principal,
headmaster, superintendent, board member, general counsel,
athletics director, coach, or dean of students, or on a
judicial hearing board or in a position to whom an appeal might
be made).
(13) The language of title IX is broad and sweeping, making
clear that the intent of Congress is to provide avenues of
redress for opening the courthouse doors to victims of a wide
range of sex discrimination in schools. However, since the
passage of title IX, courts have created barriers that make it
extraordinarily difficult for survivors to obtain redress from
schools through private litigation.
(14) In a 5 to 4 opinion in Gebser v. Lago Vista
Independent School District, 524 U.S. 274 (1998), the Supreme
Court held that students subjected to sex-based harassment by
their teachers may receive a damages remedy in private
litigation under title IX only when school officials with
``authority to institute correct measures'' on the recipient's
behalf have ``actual notice'' of the harassment and are
``deliberately indifferent'', or respond in a clearly
unreasonable manner, to it. A year later, in Davis v. Monroe
County Board of Education, 526 U.S. 629 (1999), the Supreme
Court held that in order to receive money damages under title
IX, students who experience sex-based harassment by their
peers, must additionally show that the harassment is ``so
severe, pervasive, and objectively offensive that it can be
said to deprive the victims of access to the educational
opportunities or benefits provided by the school.'' Courts have
applied the same standards in requiring funding recipients to
address harassment based on race, color, national origin, or
disability.
(15) In contrast, in the workplace, under title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) (referred to
in this section as ``title VII''), a plaintiff experiencing
harassment based on sex, race, color, national origin, or
religion by a coworker or other non-supervisor need only show
their employer reacted negligently in response to severe or
pervasive harassment of which the employer knew or should have
known. And sometimes--such as when a supervisor fires someone
because they refuse to submit to sexual advances--title VII
automatically holds an employer liable.
(16) Although they do not affect the relevant standards for
individuals to obtain injunctive and equitable relief for
harassment on the basis of race, color, sex, national origin,
age, or disability under covered programs and activities, the
Supreme Court's decisions in Gebser v. Lago Vista Independent
School District and Davis v. Monroe County Board of Education
and lower court opinions severely limit the availability of
remedies for such individuals by imposing more stringent
standards for recovery of damages. Yet in many cases, damages
are the only remedy that would effectively rectify past
harassment. Further, in 2022, in Cummings v. Premier Rehab
Keller PLLC, 142 S. Ct. 1562 (2022), the Supreme Court limited
the ability of plaintiffs bringing disability discrimination
claims under the Patient Protection and Affordable Care Act
(Public Law 111-148) and section 504 to recover emotional
distress damages, which are often the sole or primary remedy
for survivors of harassment. The dissenting Justices in
Cummings warned that this ruling upset Congressional intent and
longstanding precedent under these and other statues,
suggesting the possibility that its logic might be extended in
the future to other laws such as title IX and title VI. Some
lower courts have added additional onerous barriers, such as
one under which a school is liable for its failure to address
known sexual harassment only if the victim later experiences
further sexual harassment as a result of this failure.
(17) These limitations thwart the purpose of Congress to
protect students from harassment and ensure non-discriminatory
educational environments. They create prohibitively high
standards for the lawsuits of students regarding harassment
based on sex, race, color, national origin, and disability
under title IX, title VI, and section 504 that are more onerous
than those applicable to workplace harassment lawsuits under
title VII. As a result, schools may do less to address
harassment against their students than to address the same
harassment of their employees. This means that students, who
are often children and young adults, must suffer worse
harassment than adult employees before they are entitled to a
remedy in court.
(18) Gebser v. Lago Vista Independent School District,
Davis v. Monroe County Board of Education, and subsequent
opinions create an incentive for covered entities to insulate
themselves from knowledge of harassment rather than adopting
and enforcing practices that will minimize the danger of such
harassment. These opinions thus undermine the purpose of
prohibitions on discrimination in the civil rights laws, which
is to induce covered programs or activities to adopt and
enforce practices that will minimize the danger that vulnerable
students or other persons will be exposed to such odious
behavior.
(19) Current title IX regulations issued by the Department
of Education in 2020 entitled ``Nondiscrimination on the Basis
of Sex in Education Programs or Activities Receiving Federal
Financial Assistance'' (part 106 of title 34, Code of Federal
Regulations), have made it more difficult for student survivors
to report harassment to schools and receive help, including by,
for example, only allowing schools to respond to title IX
complaints of sexual harassment that is so severe, pervasive,
and objectively offensive that it effectively denies a person
equal access to a school program or activity--meaning students
will have to endure repeated and escalating levels of
harassment before their complaint can even be investigated.
These regulations also pose uniquely burdensome procedures for
cases of sexual harassment that are not required for any other
type of student or staff misconduct, further sweeping sexual
violence under the rug.
(20) Department of Education guidance explains the
requirement under title VI and section 504 for institutions to
respond to harassment based on disability, race, color, or
national origin that is sufficiently serious to deny or limit
the ability of a student to participate in or benefit from the
education programs and activities of the recipient.
(21) Schools with affirming and welcoming environments that
provide support and protection against all forms of harassment
and discrimination ensure that students have better social,
behavioral, academic, and mental health outcomes.
(22) Legislative action is necessary and appropriate to
restore the access to the courts that was sharply limited by
Gebser v. Lago Vista Independent School District, Davis v.
Monroe County Board of Education, Cummings v. Premier Rehab,
and other court opinions, restore the availability of a full
range of remedies for harassment based on sex, race, color,
national origin, disability, or age, and prevent discriminatory
harassment in schools. Any action needs to take into full
account the intersectionality of incidents of harassment in
educational programs or activities. Sex-based violence and
harassment often harms those populations already most
vulnerable at education institutions.
(23) In landmark rulings in Price Waterhouse v. Hopkins 490
U.S. 228 (1989) and Bostock v. Clayton County, Ga. (2020), the
Supreme Court correctly interpreted title VII to hold that
discrimination on the basis of sex stereotypes, sexual
orientation, or gender identity necessarily constitute
discrimination ``because of sex''. To date, Federal courts of
appeal have held uniformly that these holdings apply equally to
title IX. Legislative action is necessary and appropriate to
codify these established interpretations of title IX law and
ensure support and protection for LGBTQI+ students against
severe and widespread discriminatory harassment.
(24) Discrimination by State and local governments on the
basis of sex, race, color, national origin, age, or disability
in education programs and activities receiving Federal
financial assistance violates the Equal Protection Clause of
the 14th Amendment to the Constitution of the United States. In
many circumstances, such discrimination also violates other
constitutional rights such as those of liberty and privacy
under the Due Process Clause of the 14th Amendment. Congress
may validly invoke its powers under the 14th Amendment to
provide a full range of remedies in response to discrimination
by both private and government actors.
(25) In enacting the protections of the amendments made by
this Act, Congress is acting pursuant to its authority under
section 5 of the 14th Amendment to the Constitution of the
United States, the Commerce Clause of section 8 of article I of
the Constitution of the United States, and the Spending Clause
of section 8 of article I of the Constitution of the United
States.
(26) Members of Congress have long been advocating for
substantive reforms that support student survivors and ensure
gender equity in schools, including the HALT on Campus Sexual
Violence Act, the Supporting Survivors of Sexual Harassment in
Schools Act of 2020, the Patsy T. Mink and Louise M. Slaughter
Gender Equity in Education Act, the Stop Sexual Harassment in
K-12 Act, and the Exposing Discrimination in Higher Education
Act. Provisions from these groundbreaking pieces of legislation
serve as the foundation on which any larger comprehensive
reform must be built.
(27) Restoring the availability of a full range of remedies
for harassment will--
(A) ensure that students and other persons
participating or attempting to participate in federally
funded programs and activities have protection from
harassment on the basis of sex (including sexual
orientation, gender identity, sex characteristics,
pregnancy, childbirth, a medical condition related to
pregnancy or childbirth, and sex stereotypes), race,
color, national origin, disability, or age;
(B) encourage covered entities to adopt and enforce
meaningful policies and procedures to prevent and
remedy harassment;
(C) deter incidents of harassment; and
(D) provide appropriate remedies for harassment.
(28) Schools do not harass students on the basis of race,
gender, or sex when they teach or incorporate anti-racism
principles, diversity, equity and inclusion practices,
culturally relevant curriculum and culturally responsive
teaching, critical race theory, or otherwise focus the
experiences of students of color, women and girls, and LGBTQI+
students. Indeed, such teaching and training, when implemented
appropriately, may often further the purposes of the mandate of
title VI to prohibit discrimination based on race, color, and
national origin and the mandate of title IX to prohibit
discrimination based on sex, while also ensuring that schools
are advancing equity.
TITLE I--PROHIBITION ON HARASSMENT
SEC. 101. AMENDMENTS TO TITLE IX OF THE EDUCATION AMENDMENTS OF 1972.
Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.) is amended--
(1) in section 901, by adding at end the following:
``(d) Liability for Sex-Based Harassment.--
``(1) Harassment by agents, employees, and other persons
authorized by the recipient to provide aid, benefit, or
service.--Subject to subsection (e), a recipient shall be
liable if its agent, employee, or other person authorized by
the recipient to provide aid, benefit, or service under the
recipient's program or activity, engages in sex-based
harassment against a person who participates in or receives any
benefit, service, or opportunity from such program or activity,
or who attempts to receive such benefit, service, or
opportunity, regardless of where the harassment occurs, if--
``(A) the harassment is enabled or assisted by the
authority exercised as an agent, employee, or other
authorized person of the recipient; or
``(B) the recipient receives notice of the
harassment.
``(2) Harassment by non-agents, non-employees, and other
non-authorized persons.--Subject to subsection (e), a recipient
is liable for sex-based harassment if a person who is not its
agent, employee, or other authorized person, engages in sex-
based harassment against a person who is participating in or
receiving any benefit, service, or opportunity from such
program or activity, or who is attempting to do so, regardless
of where the harassment occurs, if the recipient receives
notice of the harassment.
``(e) Affirmative Defense.--
``(1) In general.--A recipient is not liable in a private
action for damages under subsection (d) for sex-based
harassment, if the recipient demonstrates that it exercised
reasonable care to prevent sex-based harassment and to promptly
remedy the effects of the sex-based harassment at issue,
including through a demonstration by the recipient that it--
``(A) established, adequately publicized, and
enforced an effective and comprehensive sex-based
harassment prevention policy, training, and complaint
procedure that is likely to provide redress and to
avoid harm without exposing the person subjected to
such harassment to undue risk, effort, or expense;
``(B) if requested by an aggrieved person subjected
to sex-based harassment (or the parent or guardian of
such person, if such person is a minor), or otherwise
necessary to protect such person or other persons in
such program or activity from a significant ongoing
threat of harm, undertook a prompt, thorough, and
impartial investigation of such harassment;
``(C) provided supportive measures that have the
purpose and effect of preserving and restoring a person
subjected to sex-based harassment's equal access to the
recipient's education program or activity, regardless
of whether such person requests an investigation; and
``(D) took other necessary, immediate, and
appropriate corrective action designed to stop such
harassment and remedy its effects.
``(2) Not establishing reasonable care.--A showing that the
harassment did not recur after the recipient received notice of
the harassment does not establish reasonable care absent the
demonstration required by subparagraphs (A) through (D) of
paragraph (1).
``(f) Notice.--A recipient receives notice of sex-based harassment
if an agent, employee, or other authorized person of the recipient, or
in the exercise of reasonable care should have known, about the
harassment and--
``(1) has the authority to take action to redress the
harassment;
``(2) has the responsibility to report to an administrator
harassment or similar misconduct by others; or
``(3) receives a report of such harassment from an
individual who could reasonably believe that the agent,
employee, or other authorized person is as described in
paragraph (1) or (2).'';
(2) in section 903--
(A) in the 1st sentence by inserting ``(a)'' before
``Any''; and
(B) by adding at the end of the following:
``(b) Any person aggrieved by the failure of a recipient to comply
with section 901, or a rule issued under this title, may bring a civil
action in any court of competent jurisdiction.
``(c) In a civil action brought for a violation of section 901 by
or on behalf of a person aggrieved by a violation of section 901, such
person may recover equitable and legal relief (such as compensatory
damages, including for emotional distress, and punitive damages), and
attorney's fees (including expert fees).''; and
(3) by inserting after section 908 the following:
``SEC. 908A. DEFINITIONS.
``For purposes of this title--
``(1) the term `gender identity'--
``(A) means a person's internal sense of gender,
which could be female, male, or another gender;
``(B) includes a person's gender expression, which
is how they present their gender identity outwardly,
including through appearance, mannerisms, dress, or
other gender-related characteristics; and
``(C) may or may not match their designated sex at
birth;
``(2) the term `on the basis of sex' includes, inter alia,
on the basis of, perceived or actual--
``(A) sex stereotypes;
``(B) pregnancy or related conditions, including--
``(i) childbirth, termination of pregnancy,
or lactation;
``(ii) medical conditions related to
pregnancy, childbirth, termination of
pregnancy, or lactation; or
``(iii) recovery from pregnancy,
childbirth, termination of pregnancy,
lactation, or their related medical conditions;
``(C) sexual orientation;
``(D) gender identity; or
``(E) sex characteristics, including inter-sex
traits;
``(3) the term `recipient' means an entity described in any
of paragraphs (1) through (4) of section 908 and includes any
entity that exercises controlling authority over such
recipient;
``(4) the term `sex-based harassment'--
``(A) means conduct on the basis of sex, including
conduct of a sexual nature, that unreasonably alters a
person's ability to participate in or receive any
benefit, service, or opportunity from an education
program or activity that receives Federal financial
assistance, including by creating an intimidating,
hostile, or offensive environment; and
``(B) includes an employee, agent, or other person
authorized by the recipient to provide an aid, benefit,
or service under the recipient's education program or
activity, explicitly or impliedly conditioning the
provision of such an aid, benefit, or service on a
person's participation in sexual conduct; and
``(5) the term `sexual orientation' includes homosexuality,
heterosexuality, bisexuality, pansexuality, and asexuality.''.
SEC. 102. AMENDMENTS TO THE REHABILITATION ACT OF 1973.
(a) Nondiscrimination Under Federal Grants and Programs.--Section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) is amended by
adding at the end the following:
``(e) Prohibition of Harassment on the Basis of Disability.--
``(1) Liability for disability-based harassment.--Subject
to paragraph (2), in an action pursuant to section 505(a)(2), a
recipient receiving Federal financial assistance under any
program or activity or any program or activity conducted by any
Executive agency or by the United States Postal Service shall
be liable for harassment on the basis of disability as follows:
``(A) Harassment by agents, employees, and other
persons authorized by the recipient to provide aid,
benefits, or services under the recipient's programs or
activities.--A recipient is liable if its agent,
employee, or other person authorized by the recipient
to provide aid, benefit, or service under the
recipient's program or activity, engages in harassment
on the basis of disability against a person who
participates in or receives any benefit, service, or
opportunity from such program or activity, or who
attempts to receive such benefit, service, or activity,
regardless of where the harassment occurs, if--
``(i) the harassment is enabled or assisted
by the authority exercised as an agent,
employee, or other authorized person of the
recipient; or
``(ii) the recipient receives notice of the
harassment.
``(B) Harassment by non-agents, non-employees, and
other non-authorized persons.--A recipient is liable
for harassment on the basis of disability if a person
who is not its agent, employee, or other authorized
person, engages in harassment on the basis of
disability against a person who is participating in or
receiving any benefit, service, or opportunity under
such program or activity, or who is attempting to do
so, regardless of where the harassment occurs, if the
recipient receives notice of the harassment.
``(2) Affirmative defense.--
``(A) In general.--A recipient is not liable in a
private action for damages under paragraph (1) for
harassment on the basis of disability, if the recipient
demonstrates that it exercised reasonable care to
prevent harassment on the basis of disability, and
promptly remedy the effects of the harassment at issue,
including through a demonstration by the recipient that
it--
``(i) established, adequately publicized,
and enforced an effective and comprehensive
harassment prevention policy, training, and
complaint procedure that is likely to provide
redress and avoid harm without exposing the
person subjected to the harassment to undue
risk, effort, or expense;
``(ii) if requested by such person, third
party, or otherwise necessary to protect that
person or other persons within the program or
activity from a significant ongoing threat,
undertook a prompt, thorough, and impartial
investigation of the harassment at issue;
``(iii) provided supportive measures that
had the purpose and effect of preserving and
restoring the aggrieved person's equal access
to the benefits or opportunities of the program
or activity, regardless of whether the
aggrieved person requested an investigation;
and
``(iv) took other necessary, immediate, and
appropriate corrective action designed to stop
the harassment and remedy its effects.
``(B) Not establishing reasonable care.--A showing
that the harassment did not recur after the recipient
received notice of the harassment does not establish
reasonable care absent the demonstration required by
clauses (i) through (iv) of subparagraph (A).
``(3) Notice.--A recipient receives notice of harassment on
the basis of disability when any of the following individuals
knew or, in the exercise of reasonable care, should have known
about the harassment:
``(A) An agent, employee, or other authorized
person of the recipient who has the authority to take
action to redress the harassment.
``(B) An agent, employee, or other authorized
person of the recipient who has the responsibility to
report to an administrator harassment or similar
misconduct by others.
``(C) An agent, employee, or other authorized
person of the recipient to whom an individual has made
a report of harassment based on the reasonable belief
that the agent, employee, or other authorized person is
an individual described in subparagraph (A) or (B).
``(4) Definitions.--In this subsection:
``(A) Harassment on the basis of disability.--The
term `harassment on the basis of disability' means a
form of discrimination on the basis of disability that
alters a person's ability to participate in or receive
any benefit, service, or opportunity under a program or
activity receiving Federal financial assistance or any
program or activity conducted by any Executive agency
or by the United States Postal Service, including by
creating an intimidating, hostile, or offensive
environment.
``(B) Recipient.--The term `recipient' means an
entity described in any of paragraphs (1) through (4)
of subsection (b), any entity that exercises
controlling authority over such an entity, and any
Executive agency or the United States Postal
Service.''.
(b) Remedies and Right of Action.--Section 505 of the
Rehabilitation Act of 1973 (29 U.S.C. 794a) is amended--
(1) in subsection (a)(2), by inserting at the end the
following: ``Any person aggrieved by the failure of a recipient
to comply with section 504, including any regulation
promulgated pursuant to such section, may bring a civil action
in any court of competent jurisdiction.''; and
(2) by amending subsection (b) to read as follows:
``(b) Attorney and Expert Fees and Right of Recovery.--
``(1) In general.--In any action or proceeding to enforce
or charge a violation of a provision of this title, including
any regulation promulgated pursuant to this title, the court,
in its discretion, may allow the prevailing party, other than
the United States, a reasonable attorney's fee and expert fees
as part of the costs.
``(2) Right of recovery.--In an action brought against a
recipient by (including on behalf of) an aggrieved person, the
aggrieved person may recover equitable and legal relief (such
as compensatory damages, including for emotional distress, and
punitive damages), and attorney's fees (including expert
fees).''.
SEC. 103. AMENDMENTS TO TITLE VI OF THE CIVIL RIGHTS ACT OF 1964.
Section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1) is
amended--
(1) by striking ``Each Federal department'' inserting the
following subsection:
``(a) In General.--Each Federal department''; and
(2) by adding at the end the following new subsection:
``(b) Prohibition of Harassment as Discrimination.--
``(1) Liability for harassment based on race, color, or
national origin.--In an action pursuant to subsection (c) of
this section, a recipient shall be liable for harassment on the
basis of race, color, or national origin as follows:
``(A) Harassment by agents, employees, and other
persons authorized by the recipient to provide aid,
benefits, or services under the recipient's programs or
activities.--Subject to subparagraph (C), a recipient
is liable if its agent, employee, or other person
authorized by the recipient to provide aid, benefit, or
service under the recipient's program or activity,
engages in harassment on the basis of race, color, or
national origin against a person who participates in or
receives any benefit, service, or opportunity from such
program or activity, or who attempts to receive such
benefit, service, or opportunity, regardless of where
the harassment occurs, if--
``(i) the harassment is enabled or assisted
by the authority exercised as an employee,
agent, or other authorized person of the
recipient; or
``(ii) the recipient receives notice of the
harassment.
``(B) Harassment by non-agents, non-employees, and
other non-authorized persons.--Subject to subparagraph
(C), a recipient is liable for harassment on the basis
of race, color, or national origin if a person who is
not its agent, employee, or other authorized person,
engages in harassment on the basis of race, color, or
national origin against a person who is participating
in or receiving any benefit, service, or opportunity
from a program or activity receiving Federal financial
assistance, or who is attempting to do so, regardless
of where the harassment occurs, if the recipient
receives notice of the harassment.
``(C) Affirmative defense.--
``(i) In general.--A recipient is not
liable in a private action for damages under
subparagraph (A) or (B) for harassment on the
basis of race, color, or national origin, if
the recipient demonstrates that it exercised
reasonable care to prevent harassment on the
basis of race, color, or national origin, and
promptly remedied the effects of the harassment
at issue, including through a demonstration by
the recipient that it--
``(I) established, adequately
publicized, and enforced an effective
and comprehensive harassment prevention
policy, training, and complaint
procedure that is likely to provide
redress and avoid harm without exposing
the person subjected to the harassment
to undue risk, effort, or expense;
``(II) if requested by such person,
or otherwise necessary to protect that
person or other persons within the
program or activity from a significant
ongoing threat, undertook a prompt,
thorough, and impartial investigation
of the harassment at issue;
``(III) provided supportive
measures that had the purpose and
effect of preserving and restoring the
aggrieved person's equal access to the
benefits or opportunities of the
program or activity receiving Federal
financial assistance, regardless of
whether the aggrieved person requested
an investigation; and
``(IV) took other necessary,
prompt, and appropriate corrective
action designed to stop the harassment
and remedy its effects.
``(ii) Not establishing reasonable care.--A
showing that the harassment did not recur after
the recipient received notice of the harassment
does not establish reasonable care absent the
demonstration required by subclauses (I), (II),
(III), and (IV) of clause (i).
``(D) Notice.--A recipient receives notice of
harassment on the basis of race, color, or national
origin when any of the following individuals knew or,
in the exercise of reasonable care, should have known
about the harassment:
``(i) An agent, employee, or other
authorized person of the recipient who has the
authority to take action to redress the
harassment.
``(ii) An agent, employee, or other
authorized person of the recipient who has the
responsibility to report to an administrator
harassment or similar misconduct by others.
``(iii) An agent, employee, or other
authorized person of the recipient to whom an
individual has made a report of harassment
based on the reasonable belief that the agent,
employee, or other authorized person is an
individual described in clause (i) or (ii).
``(2) Definitions.--In this section:
``(A) Harassment on the basis of race, color, or
national origin.--The term `harassment on the basis of
race, color, or national origin' means a form of
discrimination on the basis of race, color, or national
origin that alters a person's ability to participate in
or receive any benefit, service, or opportunity from a
program or activity receiving Federal financial
assistance, including by creating an intimidating,
hostile, or offensive environment.
``(B) Recipient.--The term `recipient' means an
entity described in any of paragraphs (1) through (4)
of section 606, and any entity that exercises
controlling authority over such entities.
``(c) Remedies and Right of Action.--
``(1) In general.--Any person aggrieved by the failure of a
recipient to comply with this title, including any regulation
promulgated pursuant to this title, may bring a civil action in
any court of competent jurisdiction.
``(2) Right of recovery.--In an action brought against a
recipient by or on behalf of an aggrieved person, the aggrieved
person may recover equitable and legal relief (such as
compensatory damages, including for emotional distress, and
punitive damages), and attorney's fees (including expert
fees).''.
SEC. 104. AMENDMENTS TO THE AGE DISCRIMINATION ACT OF 1975.
(a) In General.--Section 303 of the Age Discrimination Act of 1975
(42 U.S.C. 6102) is amended--
(1) by inserting ``(a) In General.-- '' before
``Pursuant''; and
(2) by adding at the end the following:
``(b) Liability.--
``(1) Harassment by agents, employees, and other persons
authorized by the recipient to provide aid, benefits, or
services under the recipient's programs and activities.--
Subject to subsection (c), a recipient that receives Federal
financial assistance for a program or activity is liable if its
agent, employee, or other person authorized by the recipient to
provide aid, benefit, or service under the recipient's program
or activity, engages in age-based harassment against a person
who participates in or receives any benefit, service, or
opportunity from such program or activity, or who attempts to
receive such benefit, service, or opportunity, regardless of
where the harassment occurs, if--
``(A) the harassment is enabled or assisted by the
authority exercised as an employee, agent, or other
authorized person of the recipient; or
``(B) the recipient receives notice of the
harassment.
``(2) Harassment by non-agents, non-employees, and other
non-authorized persons.--Subject to subsection (c), a recipient
that receives Federal financial assistance for a program or
activity is liable for age-based harassment if a person who is
not its agent, employee, or other authorized person, engages in
age-based harassment against a person who is participating in
or receiving any benefit, service, or opportunity from such
program or activity, or who is attempting to do so, regardless
of where the harassment occurs, if the recipient receives
notice of the harassment.
``(c) Affirmative Defense.--
``(1) In general.--A recipient is not liable in a private
action for damages under subsection (b) for age-based
harassment if it demonstrates that it exercised reasonable care
to prevent age-based harassment and to promptly remedy the
effects of the age-based harassment at issue, including through
a demonstration by the recipient that it--
``(A) established, adequately publicized, and
enforced an effective and comprehensive age-based
harassment prevention policy, training, and complaint
procedure that is likely to provide redress and to
avoid harm without exposing the person subjected to
such harassment to undue risk, effort, or expense;
``(B) if requested by the aggrieved person, or
otherwise necessary to protect such person or other
persons in such program or activity from a significant
ongoing threat of harm, undertook a prompt, thorough,
and impartial investigation of such harassment;
``(C) provided supportive measures that have the
purpose and effect of preserving and restoring an
aggrieved person's equal access to the benefits,
services, or opportunities of the program or activity
involved, regardless of whether such person requests an
investigation; and
``(D) took other necessary, immediate, and
appropriate corrective action designed to stop such
harassment and remedy its effects.
``(2) Not establishing reasonable care.--A showing that the
harassment did not recur after the recipient receives notice of
the harassment does not establish reasonable care absent the
demonstration required by subparagraphs (A) through (D) of
paragraph (1).
``(d) Notice.--A recipient receives notice of age-based harassment
if an agent, employee, or other authorized person of the recipient
knew, or in the exercise of reasonable care should have known, about
the harassment and--
``(1) has the authority to take action to redress the
harassment;
``(2) has the responsibility to report to an administrator
harassment or similar misconduct by others; or
``(3) receives a report of such harassment from an
individual who could reasonably believe that the agent,
employee, or other authorized person is as described in
paragraph (1) or (2).''.
(b) Conforming Amendment.--Section 304(b) of the Age Discrimination
Act of 1975 (42 U.S.C. 6103(b)) is amended--
(1) in paragraph (1), by striking ``It shall'' and
inserting ``Subject to section 305(h)(3), it shall''; and
(2) in paragraph (2), by striking ``The provisions'' and
inserting ``Subject to section 305(h)(3), the provisions''.
(c) Remedies and Right of Action.--Section 305 of the Age
Discrimination Act of 1975 (42 U.S.C. 6104) is amended by adding at the
end the following:
``(g) Any person aggrieved by the failure of a recipient to comply
with this title, or a rule issued under this title--
``(1) may bring a civil action in any court of competent
jurisdiction; and
``(2) notwithstanding subsection (e), may recover equitable
and legal relief (such as compensatory damages, including for
emotional distress, and punitive damages), and attorney's fees
(including expert fees).
``(h) Notwithstanding any other provision of this section, in the
case of alleged age-based harassment in a program or activity of an
entity described in subparagraph (B) of section 309(4)--
``(1) an aggrieved person shall not be required to exhaust
administrative remedies;
``(2) the relief described in subsection (g)(2) shall be
available; and
``(3) the provisions of paragraph (1) and (2) of section
304(b) shall not apply.''.
(d) Definitions.--Section 309 of the Age Discrimination Act of 1975
(42 U.S.C. 6107) is amended--
(1) in paragraph (3), by striking ``and'' after the
semicolon;
(2) in paragraph (4), by striking the period and inserting
a semicolon; and
(3) by adding at end the following:
``(5) the term `age-based harassment' means a form of
prohibited discrimination on the basis of an individual's age
that alters a person's ability to participate in or receive any
benefit, service, or opportunity from a program or activity
receiving Federal financial assistance; and
``(6) the term `recipient' means an entity described in any
of subparagraph (A), (B), (C), or (D) of paragraph (4), and
includes any entity that exercises controlling authority over
such entity.''.
TITLE II--TRANSPARENCY, TRAINING, AND SUPPORT FOR STUDENTS
SEC. 201. DEPARTMENT OF EDUCATION ENFORCEMENT.
(a) Disclosure of Enforcement Actions.--
(1) Amendment.--The Department of Education Organization
Act (20 U.S.C. 3401 et seq.) is amended--
(A) in section 203(b), by adding at the end the
following new paragraphs:
``(3) The Assistant Secretary for Civil Rights shall make
publicly available on the Department's website a list of each
recipient of Federal financial assistance from the Department
that is under investigation for a possible violation of any
civil rights law that the Department enforces, the sanctions
(if any) or findings issued pursuant to such investigation, and
a copy of the final resolution letter, including resolution
agreements, entered into by such recipient with the Secretary
under any of the civil rights laws enforced by the Department.
Any document made publicly available shall have personally
identifiable information redacted from it.
``(4) Not later than 30 days after the termination of any
resolution agreement described in paragraph (3), the Assistant
Secretary for Civil Rights shall transmit to the President and
the Congress, and make publicly available on the Department's
website, the letter terminating the Department of Education's
monitoring of such agreement.''; and
(B) in section 205, by adding at the end the
following new subsection:
``(c) Notwithstanding section 498A(b)(8) of the Higher Education
Act of 1965, the Assistant Secretary for Postsecondary Education shall
make publicly available on the Department's website a list of each
institution under investigation for a possible violation of section
485(f) of the Higher Education Act of 1965, the sanctions (if any) or
findings issued pursuant to such investigation, and a copy of program
reviews and resolution agreements entered into by such institution with
the Secretary. Any document made publicly available shall have
personally identifiable information redacted from it.''.
(2) Inspector general.--Not later than one year after the
date of enactment of this Act, the Inspector General of the
Department of Education shall submit to Congress and make
publicly available a report reviewing compliance with
paragraphs (3) and (4) of section 203(b) of the Department of
Education Organization Act (20 U.S.C. 3413(b)) and subsection
(c) of section 205 of such Act (20 U.S.C. 3415), as added by
paragraph (1).
(b) Authority To Levy Fines.--Section 203(c) of the Department of
Education Organization Act (20 U.S.C. 3413(c)) is amended--
(1) in paragraph (3), by striking ``and'' after the
semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) to impose a civil penalty to be paid by a recipient
of Federal funds that has violated a law under the jurisdiction
of the Office for Civil Rights, the amount of which shall be
determined by the gravity and magnitude of the violation, and
the imposition of which shall not preclude other remedies
available under Federal law.''.
SEC. 202. DISCLOSURE OF RELIGIOUS EXEMPTIONS FROM TITLE IX OF THE
EDUCATION AMENDMENTS OF 1972.
(a) Amendment to Higher Education Act of 1965.--Section 485 of the
Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at
the end the following:
``(n) Disclosure of Religious Exemptions From Title IX of the
Education Amendments of 1972.--Each institution of higher education
receiving Federal funds participating in any program under this title
that claims or intends to exercise a religious exemption to the
requirements of title IX of the Education Amendments of 1972 shall
submit in writing to the Assistant Secretary for Civil Rights a
statement by the highest ranking official of the institution of higher
education, identifying the provisions of part 106 of title 34, Code of
Federal Regulations, the application of which may conflict with a
specific tenet of the religious organization that controls the
institutions of higher education and shall publish on its website, in a
prominent location, the following:
``(1) Request letter.--Each letter submitted by the
institution to the Department to request such an exemption.
``(2) Exemption letter.--Each letter from the Department to
the institution that responds to a request for assurance of
such an exemption.
``(3) Notice of request.--Notice that the institution has
requested acknowledgment of such an exemption under section
901(a)(3) of the Education Amendments of 1972.
``(4) Notice of exemption.--If applicable, notice that the
institution has received acknowledgment of such an exemption
under section 901(a)(3) of the Education Amendments of 1972.
``(5) Covered applications.--A list of the specific
applications of statutory or regulatory provisions for which
there is an applicable requested or granted exemption,
including any personal characteristics or behaviors to which
each requested or granted exemption applies.
``(6) Scope of exemption.--A list of each statutory and
regulatory provision with respect to which there is an
application from which the institution has claimed an exemption
and the scope of such exemption.''.
(b) Disclosures of Requests for Exemptions.--Section 203 of the
Department of Education Organization Act (20 U.S.C. 3413) is amended by
adding at the end the following:
``(d) The Assistant Secretary for Civil Rights shall publish, on
the Department's website, in a prominent location, information
regarding religious exemptions to the requirements of title IX of the
Education Amendments of 1972, including the name of each recipient of
Federal financial assistance from the Department that claims an
exemption, whether that recipient received an acknowledgment of such
exemption from the Assistant Secretary, and a description of the nature
and scope of that exemption (including each provision of the statute or
regulations with respect to which there is an application from which
the recipient has claimed an exemption, the scope of applications for
which the exemption was claimed, and justification for the
exemption).''.
SEC. 203. CLIMATE SURVEYS FOR K-12 SCHOOLS.
(a) In General.--The Secretary, in consultation with the Attorney
General, the Director of the Centers for Disease Control and
Prevention, the Secretary of Health and Human Services, and experts in
domestic violence, dating violence, sexual assault, disability, sexual
harassment, and stalking, shall, in accordance with applicable privacy
laws, develop, design, and make available through a secure and
accessible online portal, a standardized online survey tool regarding
the experience of elementary school and secondary school students with
domestic violence, dating violence, sexual assault, sexual harassment,
and stalking.
(b) Development of Survey Tool.--In developing the survey tool
required under subsection (a), the Secretary shall--
(1) use best practices from peer-reviewed research
measuring domestic violence, dating violence, sexual assault,
sexual harassment, and stalking;
(2) consult with the education community, experts in survey
research related to domestic violence, dating violence, sexual
assault, sexual harassment, and stalking, and organizations
engaged in the prevention of and response to, and advocacy on
behalf of victims of, domestic violence, dating violence,
sexual assault, sexual harassment, and stalking regarding the
development and design of such survey tool and the methodology
for administration of such survey tool;
(3) provide opportunity for stakeholder feedback through
public listening sessions or a 30-day open comment period;
(4) ensure that the survey tool is readily accessible to
and usable by individuals with disabilities and publicly
accessible in multiple languages, accessibility formats, and
provided in a language that parents, family, and community
members can understand; and
(5) ensure that the survey questions are different for
staff and students and for different age groups in order to
ensure that the questions are developmentally appropriate.
(c) Elements.--
(1) In general.--The survey tool developed pursuant to this
section shall be fair and unbiased, be scientifically valid and
reliable, and meet the highest standards of survey research.
(2) Survey questions.--Survey questions included in the
survey tool developed pursuant to this section shall--
(A) be designed to gather information on student
experiences with domestic violence, dating violence,
sexual assault, sexual harassment, and stalking,
including the experiences of victims of such incidents;
(B) use trauma-informed language to prevent
retraumatization; and
(C) include age-appropriate questions--
(i) that give students the option to report
their demographic information;
(ii) designed to determine the incidence
and prevalence of domestic violence, dating
violence, sexual assault, sexual harassment,
and stalking whether the incident occurred on
or off campus, and whether carried out in whole
or in part through the use of electronic
messaging services, commercial mobile services,
electronic communications, or other technology;
(iii) regarding whether students know about
institutional policies and procedures related
to domestic violence, dating violence, sexual
assault, sexual harassment, and stalking;
(iv) designed to determine, if complainants
reported domestic violence, dating violence,
sexual assault, sexual harassment, or
stalking--
(I) to whom the incident was
reported and what response, including
any supportive measures, the
complainant may have received;
(II) whether the complainant was
informed of, or referred to, national,
State, local, or on-site resources; and
(III) whether the entity to whom
the complainant reported the incident
conducted an investigation and the
duration and final resolution of such
an investigation;
(v) regarding contextual factors, such as
whether force, incapacitation, or coercion was
involved;
(vi) to determine whether an accused
individual was a student, faculty, staff,
administrator, or third-party vendor at the
elementary school or secondary school in which
the complainant is enrolled or another school
served by the local educational agency that
serves the elementary school or secondary
school;
(vii) to determine whether a complainant
reported an incident to State, local, or
school-based law enforcement;
(viii) to determine why the complainant
chose to report or not report an incident to
the school or local educational agency or State
or local law enforcement;
(ix) to determine the impact of domestic
violence, dating violence, sexual assault,
sexual harassment, and stalking on the
complainant's education, including diminished
grades, dropped classes, leaves of absence, and
negative financial consequences (including
costs associated with counseling, medical
services, or housing changes);
(x) to determine if a complainant was
punished in connection with reporting the
incident or for ancillary behavior related to
the incident (such as punishment for missing
class because of mental health impacts for fear
of perpetrator, being placed on academic
probation for declining grades related to
trauma following incident, and more);
(xi) to determine the impact and
effectiveness of prevention and awareness
programs and complaints processes for the
overall student body and different student
populations, including--
(I) students of color;
(II) LGBTQI+ students;
(III) immigrant students;
(IV) pregnant, expectant, or
parenting students; or
(V) students with disabilities; and
(xii) to determine attitudes toward sexual
violence and harassment, including the
willingness of individuals to intervene as a
bystander of sex-based (including on the basis
of sex stereotypes, pregnancy, childbirth or a
related medical condition, sexual orientation
and gender identity, or sex characteristics),
race-based, national origin-based, and
disability-based discrimination, harassment,
assault, domestic violence, dating violence,
sexual assault, sexual harassment, and
stalking.
(3) Additional topics.--States and local educational
agencies may add additional questions to the survey tool
developed pursuant to this section as they determine
appropriate.
(d) Additional Elements.--In addition to the standardized questions
developed by the Secretary under subsection (c), an elementary school
or secondary school may request additional information from students
that would increase the documentation, through qualitative and
quantitative evidence of the elementary school or secondary school of
school climate factors unique to the school.
(e) Responses.--The responses to the survey questions described in
subsection (c) shall--
(1) be submitted confidentially; and
(2) in the case of such responses being included in a
report described in subsection (g), not include personally
identifiable information.
(f) Administration of Survey.--
(1) Federal administration.--The Secretary, in consultation
with the Attorney General, the Director of the Centers for
Disease Control and Prevention, and Secretary of Health and
Human Services, shall develop a mechanism by which local
educational agencies may, with respect to the survey tool
developed pursuant to this section--
(A) administer such survey tool in compliance with
applicable privacy laws; and
(B) modify such survey tool to include additional
elements or requirements, as determined by the
elementary school or secondary school.
(2) Costs.--The Secretary may not require a local
educational agency to pay to modify the survey tool in
accordance with paragraph (1)(B).
(3) Accessibility.--The Secretary shall ensure that the
survey tool is administered in such a way as to be readily
accessible to and usable by individuals with disabilities.
(4) Administration.--Beginning not later than 1 year after
the date on which the Secretary makes available to local
educational agencies the mechanism described in paragraph (1),
and every 2 years thereafter, each local educational agency
that receives Federal financial assistance (as such term is
defined in section 7501(a)(5) of title 31, United States Code)
shall administer the survey tool developed pursuant to this
section.
(5) Completed surveys.--The Secretary shall require each
local educational agency that receives Federal financial
assistance (as such term is defined in section 7501(a)(5) of
title 31, United States Code) to ensure, to the maximum extent
practicable, that an adequate, random, and representative
sample size of students (as determined by the Secretary)
enrolled in the local educational agency complete the survey
tool developed pursuant to this section.
(6) Personally identifiable information.--Information from
the survey tool shall not be disaggregated or reported if the
number of students in a category is insufficient to yield
statistically reliable information or the results would reveal
personally identifiable information about an individual
student.
(g) Report.--Beginning not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter, the Secretary
shall, in accordance with applicable privacy laws and in accordance
with subsection (f)(6)--
(1) prepare a 2-year report on the information gained from
the standardized elements of the survey under this section,
which shall include school-level data that permits comparisons
across elementary schools and secondary schools;
(2) publish such report in an accessible format on the
website of the Department of Education; and
(3) submit such report to Congress.
(h) Publication.--Each elementary school or secondary school shall
publish, in accordance with applicable privacy laws and with subsection
(f)(6) and in a manner that is readily accessible and usable by
individuals, including individuals with disabilities--
(1) the results of the standardized elements of the survey
under this section on the website of the elementary school or
secondary school; and
(2) the results of the additional elements modifying the
survey by the elementary school or secondary school, if any, on
the school's website.
(i) Definitions.--In this section:
(1) ESEA terms.--The terms ``elementary school'', ``local
educational agency'', and ``secondary school'' have the
meanings given the terms in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) Personally identifiable information.--The term
``personally identifiable information'' means, with respect to
a student--
(A) the student's name, whether given at birth or
time of adoption, or resulting from a lawful change of
name;
(B) the name of the student's parent or another
family member;
(C) the address of the student or another family
member;
(D) a personal identifier, such as the student's
social security number, student number, or biometric
record;
(E) another indirect identifier, such as the
student's date of birth, place of birth, or mother's
maiden name; and
(F) other information that, alone or in
combination, is linked or linkable to the student that
would allow a reasonable person in the school
community, who does not have personal knowledge of the
relevant circumstances, to identify the student with
reasonable certainty.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(4) Sexual harassment.--The term ``sexual harassment''
means any unwelcome conduct of a sexual nature, regardless of
whether it is direct or indirect, or verbal or nonverbal
(including conduct that is undertaken in whole or in part,
through the use of electronic messaging services, commercial
mobile services, electronic communications, or other
technology), that unreasonably alters an individual's terms,
benefits, or privileges of an education program or activity,
including by creating an intimidating, hostile, or offensive
environment, which takes the form of--
(A) a sexual advance;
(B) a request for sexual favors;
(C) a sexual act, where such submission is made
either explicitly or implicitly a term or condition of
a program or activity at a school or school activity,
regardless of a student's submission to or rejection of
such sexual act;
(D) a sexual act, where such submission or
rejection is used as the basis for a decision affecting
a term or condition of a program or activity at a
school or school activity, regardless of a student's
submission to or rejection of such sexual act;
(E) other conduct of a sexual nature; or
(F) domestic violence, intimate partner violence
(dating violence), and sex-based stalking.
SEC. 204. CIVIL RIGHTS DATA COLLECTION.
The Assistant Secretary of Education for Civil Rights shall collect
and publish within the Civil Rights Data Collection, in addition to
data already collected and in accordance with section 444 of the
General Education Provisions Act (20 U.S.C. 1232g) (commonly known as
the ``Family Educational Rights and Privacy Act of 1974'') and section
203(c)(1) of the Department of Education Organization Act (20 U.S.C.
3413(c)(1)), data addressing--
(1) the prevalence of harassment based on race, color,
national origin, sex, and disability, as determined through
reports made in schools; and
(2) the results of complaint procedures related to such
harassment in schools.
SEC. 205. SUPPORT FOR STUDENTS.
(a) Student Victim Support and Resources.--The Secretary of
Education shall require Title IX Coordinators and school
administrators, upon receiving notice of possible sex-based harassment,
to notify the complainant in writing and orally, about available
assistance to support the complainant of sexual harassment and ensure
the complainant's continued and equal access to education, regardless
of the location of the harassment, including--
(1) academic adjustment or other accommodations, such as
adapting course schedules, assignments, or tests, issuing no-
contact orders, altering housing, or taking other measures to
ensure the complainant's access to educational opportunities is
not interrupted after a report has been made or during a
grievance process;
(2) information about and access to support services for
the complainant, such as counseling, mental health and other
health services, and disability accommodations;
(3) providing increased monitoring or supervision at
locations or activities where the misconduct occurred or may
have occurred; and
(4) reasonable accommodations for complainants and
respondents with disabilities, including pre-existing
disabilities and disabilities arising out of sex-based
harassment, consistent with laws that protect students with
disabilities, including 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.), and the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
(b) Protection for Student Victims and Reporting Parties.--Working
in collaboration with the Title IX Coordinator, institutions of higher
education and local educational agencies shall issue guidance and
disseminate guidance that explicitly address protections for students
from punishment or retaliation when making reports of sexual
harassment. Guidance shall be issued to all persons who participate in
or receive any benefit, service, or opportunity from the issuing
institution of higher education or local educational agency. Such
guidance shall apply to all reports of harassment, including in the
context of a same-gender relationship or encounter, and ensure that for
all reports of sexual harassment--
(1) the school will not take disciplinary action against
individuals, including witnesses, disclosing code-of-conduct
offenses that are related to the reported incident, including
the use of intoxicating substances occurring at or around the
time of a reported incident, reasonable actions taken to defend
against harassment, or actions taken to avoid contact with the
respondent;
(2) if a school's code-of-conduct prohibits sexual activity
(or certain forms of sexual activity), the school will not take
disciplinary action against individuals disclosing in good
faith (including witnesses) non-harassing sexual activity
related to the reported incident, or for other non-harassing
sexual activity discovered during an investigation into the
reported incident;
(3) the Title IX Coordinator shall review any disciplinary
actions related to a complaint of harassment to ensure that
such actions do not further discriminate or harass a
complainant (such as requiring therapy or participation in
programming focused on altering a student's sexual orientation
or gender identity);
(4) a party who reports harassment shall not be disciplined
for a ``false report'' or for prohibited sexual conduct solely
because the school has decided there is insufficient evidence
for a finding of responsibility or because the respondent is
found not responsible; and
(5) the school will address reports of retaliation against
complainants, which may include investigation or discipline for
retaliation.
(c) Definitions.--In this section:
(1) ESEA terms.--The terms ``elementary school'', ``local
educational agency'', and ``secondary school'' have the
meanings given the terms in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(3) Sexual harassment.--The term ``sexual harassment'' has
the meaning given the term in section 203(i).
(4) Title ix coordinator.--The term ``Title IX
Coordinator'' means the employee of a recipient of Federal
financial assistance (as such term is defined in section
7501(a)(5) of title 31, United States Code) from the Department
of Education, designated or authorized to coordinate the
recipient's efforts to comply with its obligations under title
IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.).
SEC. 206. TITLE IX COORDINATORS AND TRAINING REQUIREMENTS.
(a) Duties and Scope of Title IX Coordinators.--
(1) In general.--For each local educational agency or
institution of higher education that receives Federal financial
assistance from the Department of Education, the following
requirements shall apply as a condition on continued receipt of
such assistance:
(A) The recipient shall designate at least one
full-time equivalent employee to serve as a Title IX
Coordinator per institution of higher education, per
75,000 students in 7th grade or above served by the
local educational agency, and per 150,000 students in
6th grade or below served by the local educational
agency.
(B) The local educational agency or institution of
higher education shall ensure students and staff are
made aware of the Title IX Coordinator, the role of the
Title IX Coordinator, and the time at which the Title
IX Coordinator is available to meet.
(C) The Title IX Coordinator shall not have any
other school-related responsibilities that may create a
conflict of interest.
(2) Duties.--Each Title IX Coordinator for a local
educational agency or institution of higher education shall
ensure compliance under Federal, State, and local laws and
policies against sex discrimination, including title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.), by doing
the following:
(A) Ensuring that every individual affected by the
operations of the local educational agency or
institution of higher education, including students,
employees, and applicants for admission or employment,
and where appropriate, parents and guardians, are aware
of their rights under Federal, State, and local laws
and policies against sex discrimination, including
under title IX of the Education Amendments of 1972, and
that the local educational agency or institution of
higher education and its employees comply with those
laws and policies, including receiving training on the
laws and policies.
(B) Ensuring that notices of nondiscrimination,
relevant policies and grievance procedures, and current
contact information of all Title IX Coordinators are
disseminated broadly and in an age-appropriate and
accessible manner to all students, employees, and
applicants for admission or employment, and where
appropriate, parents and guardians, including on school
websites and in school handbooks.
(C) Monitoring complaints alleging harassment,
including sexual harassment, and other forms of
discrimination based on sex (including sexual
orientation, gender identity, sex characteristics,
pregnancy, childbirth, a medical condition related to
pregnancy or childbirth, and sex stereotypes),
including supportive measures offered to complainants,
reasonable accommodations for complainants and
respondents with disabilities, and the outcomes of
complaints.
(D) Identifying patterns of sex discrimination from
complaints and addressing their impact on the
educational community.
(E) Monitoring the education program or activity
for barriers to reporting information about conduct
that may constitute sex discrimination under title IX
of the Education Amendments of 1972 and taking steps
reasonably calculated to address such barriers.
(F) Coordinating dissemination, collection, and
analysis of climate surveys described in section 203,
and identifying and proactively addressing sex
discrimination in the local educational agency or
institution of higher education based on the results of
climate surveys.
(G) Overseeing age-appropriate, accessible, and
trauma-informed sexual harassment prevention education
and training provided to school employees and students
at least once per school year and ensuring that such
prevention education and training include diverse
communities and identities, informed by research, and
conducted in partnership with local rape crisis
centers, State sexual assault coalitions, or community
organizations that work on addressing sex
discrimination, including sexual harassment in schools.
(3) Waiver authorized for local educational agencies.--
(A) In general.--
(i) Requesting a waiver.--A local
educational agency described in paragraph (1)
may request a waiver from the Secretary of one
or more of the requirements of such paragraph
on the basis that the requirement poses an
insurmountable financial burden to the agency
and the agency has been unable to secure
sufficient grants under paragraph (4).
(ii) Alternative plan.--
(I) In general.--The waiver process
shall include requiring the local
educational agency to submit an
alternative plan for ensuring that
students are aware of their rights
under title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et
seq.) and have access to a Title IX
Coordinator.
(II) Alternative plan.--An
alternative plan submitted under
subclause (I) shall include, at a
minimum, a demonstration that the local
educational agency has entered into a
partnership with a local rape crisis
center or a national or community-based
organization that specializes in trauma
or crisis management and support. Such
a plan shall establish a clear
delineation of the roles and
responsibilities of the center or
organization with the local educational
agency, which also includes providing
preventative training and supporting
measures when addressing reports of
sex-based harassment.
(B) Withholding assistance.--If a local educational
agency has a waiver approved under this paragraph but
does not follow the alternative plan, or the Secretary
determines the plan was insufficient to prevent and
respond to sexual harassment and assault, the Secretary
shall attempt a voluntary resolution. If a voluntary
resolution is not possible during a reasonable period
of time, the Secretary shall take such action as may be
appropriate to withhold Federal financial assistance.
(C) Length of waiver.--A waiver granted under this
paragraph shall be valid for 2 years.
(4) Authorization of funds for grants.--
(A) In general.--To carry out this subsection,
there are authorized to be appropriated to the
Secretary $100,000,000 for grants to local educational
agencies and institutions of higher education described
in paragraph (1) to offset the financial burden of
satisfying the requirements of this subsection. In
making grants under this paragraph, the Secretary shall
give priority to local educational agencies and
institutions of higher education that otherwise would
face a high financial burden in fulfilling such
requirements.
(B) Definition of institution of higher
education.--In this paragraph, the term ``institution
of higher education'' has the meaning given the term in
section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(b) Training Requirements.--
(1) Training program.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary, in
coordination with the Attorney General and in
consultation with national, State, or local victim
services organizations, local educational agencies, and
institutions of higher education, shall develop a
training program, which may include online training
modules, for training each individual who is involved
in implementing student grievance procedures at an
institution of higher education or local educational
agency that receives Federal financial assistance from
the Department of Education, including each individual
who is responsible for resolving complaints of reported
sex-based harassment, including domestic violence,
dating violence, sexual assault, sexual harassment,
stalking, or sexual misconduct policy violations, such
as an investigator, decision-maker, informal resolution
facilitator, or Title IX Coordinator.
(B) Contents.--The training described in
subparagraph (A) shall include the following:
(i) The role and responsibility of Title IX
Coordinators.
(ii) Information and evidence-based best
practices for increasing awareness about rights
and obligations under title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.).
(iii) Information and evidence-based best
practices for investigating and responding to
claims of violations of title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et
seq.), including--
(I) information on working with and
interviewing persons subjected to sex-
based harassment, including domestic
violence, dating violence, sexual
assault, sexual harassment, or
stalking;
(II) information on particular
types of conduct that would constitute
sex-based harassment, including
domestic violence, dating violence,
sexual assault, sexual harassment, or
stalking, regardless of gender,
including same-sex incidents of
domestic violence, dating violence,
sexual assault, sexual harassment, or
stalking;
(III) information on consent, and
what factors, including power dynamics,
may impact whether consent is
voluntarily given, including the effect
that drugs or alcohol may have on an
individual's ability to consent and
information on consent for individuals
with disabilities or individuals who
are neurodivergent;
(IV) the effects of trauma,
including the neurobiology of trauma;
(V) training regarding the use of
trauma-informed interview techniques,
and reasonable accommodations for
interviewees with disabilities;
(VI) cultural awareness training
regarding how sex-based harassment,
including domestic violence, dating
violence, sexual assault, sexual
harassment, or stalking may impact
students differently depending on their
cultural background;
(VII) information on sexual assault
dynamics, sexual assault perpetrator
behavior, and barriers to reporting;
(VIII) the dynamics of power and
control within intimate partner
violence and reactive abuse;
(IX) safety risks for victims
associated with reporting abuse or
seeking help;
(X) information on harassment and
abuse of LGBTQI+ students; and
(XI) information on harassment and
abuse of disabled students.
(iv) For Title IX Coordinators, additional
training on information and evidence-based best
practices for identifying and preventing
implicit and explicit sex discrimination in all
areas and at all levels 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
Assistant Secretary for Civil Rights of
the Department of Education determines
are relevant for such purposes.
(2) Institutional training.--Each institution of higher
education or local educational agency that receives Federal
financial assistance from the Department of Education, shall
ensure that the individuals and employees described in
paragraph (1)(A) receive the training described in this
subsection not later than the first July 15 following the date
that is 1 year after the date on which the Secretary completes
the development of the training, and annually thereafter.
(3) Authorization of funds for grants for training for
local educational agencies.--There are authorized to be
appropriated to the Secretary $50,000,000 for grants to local
educational agencies to train elementary school and secondary
school teachers and other school staff on how to prevent,
recognize, and respond to signs of sexual harassment and
assault among students or between students and adults, as well
as grooming behaviors of adults toward students at school.
(4) Authorization of funds for grants for training for
institutions of higher education.--
(A) In general.--There are authorized to be
appropriated to the Secretary $50,000,000 for grants to
institutions of higher education to train faculty,
staff, and administrators on how to prevent, recognize,
and respond to signs of sexual harassment and assault
among students or between students and employees, as
well as grooming behaviors of adults toward students.
(B) Definition of institution of higher
education.--In this paragraph, the term ``institution
of higher education'' has the meaning given the term in
section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(c) Definitions.--In this section:
(1) ESEA terms.--The terms ``elementary school'', ``local
educational agency'', and ``secondary school'' have the
meanings given the terms in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) Grooming.--The term ``grooming'', used with respect to
a behavior, means a method used by an adult to build trust with
a student in an effort to both maintain control over the
student and gain access to time alone with the student for the
purposes of sexual harassment, as defined in section 203(i).
(3) Institution of higher education.--Except as otherwise
provided, the term ``institution of higher education'' has the
meaning given the term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(5) Sexual harassment.--The term ``sexual harassment'' has
the meaning given the term in section 203(i).
(6) Title ix coordinator.--The term ``Title IX
Coordinator'' has the meaning given the term in section 205(c).
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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