Stop Sexual Harassment in K-12 Act
This bill outlines the role and duties of Title IX coordinators in elementary and secondary schools, including by requiring local educational agencies to increase the number of full-time employees designated to serve as a Title IX coordinator per specified student population. The bill also creates a grant program to train teachers and staff on how to respond to signs of sex-based harassment and assault of students and requires the Department of Education to develop a sex-based harassment survey.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6135 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6135
To implement title IX of the Education Amendments of 1972 with respect
to elementary and secondary schools, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 1, 2023
Mr. Casten (for himself, Ms. Lois Frankel of Florida, Ms. Norton, Mr.
Lynch, Mrs. Ramirez, and Ms. Titus) introduced the following bill;
which was referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To implement title IX of the Education Amendments of 1972 with respect
to elementary and secondary schools, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Sexual Harassment in K-12
Act''.
SEC. 2. TITLE IX COORDINATOR.
(a) In General.--For each local educational agency that receives
Federal financial assistance, the following requirements shall apply:
(1) The recipient shall increase the number of full-time
employees designated to serve as a Title IX Coordinator by at
least one per--
(A) 75,000 students in 7th grade or above served by
the recipient; and
(B) 150,000 students in 6th grade or below served
by the recipient.
(2) The recipient shall ensure that students, parents and
guardians of students, and staff are made aware of these
employees, their role, and the times at which they are
available to meet.
(3) A Title IX Coordinator shall not have any other school-
related responsibilities that may create a conflict of
interest, including serving in the school administrative
leadership or local educational agency administrative
leadership (such as serving as a principal, vice principal,
headmaster, superintendent, board member, general counsel, or
athletics director).
(4) A Title IX Coordinator, along with a principal, campus
security, bus driver, teacher, counselor or social worker,
equity officer, coach, or any other staff member, shall be
considered an appropriate person to whom to disclose
discrimination on the basis of sex for purposes of the legal
standards under title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.).
(b) Duties.--Each Title IX Coordinator for a local educational
agency shall ensure the local educational agency's compliance under
Federal policies against discrimination on the basis of sex, including
title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.),
by doing the following:
(1) Providing information and outreach so that every
individual receives sufficient and accessible information
designed to make them aware of their rights under Federal,
State, and local laws and policies against discrimination on
the basis of sex, including title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.) and the regulations
promulgated to carry out such title, and that the local
educational agency and its employees comply with those laws and
policies, including receiving training on the laws and
policies.
(2) 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 manner accessible to all
students, parents, guardians, and employees and applicants for
admission or employment, including prominently on school
websites and in school handbooks.
(3) Monitoring complaints alleging discrimination based on
sex (including sexual orientation, gender identity, sex
characteristics (including intersex traits), pregnancy,
childbirth, a medical condition related to domestic violence,
dating violence, sexual assault, sexual violence, stalking,
pregnancy or related conditions, and a sex stereotype),
domestic violence, dating violence, sexual assault, sexual
violence, stalking, and sex-based harassment, including
supportive measures offered to complainants, reasonable
accommodations for complainants and respondents with
disabilities, and the outcomes of complaints.
(4) Identifying patterns of discrimination on the basis of
sex from complaints and addressing its impact on the school
community.
(5) Monitoring the education program or activity for
barriers to reporting information about conduct that may
constitute discrimination on the basis of sex and taking steps
reasonably calculated to address such barriers.
(6) Coordinating dissemination, collection, and analysis of
climate surveys, including the survey described in section 4,
and identifying and proactively addressing discrimination on
the basis of sex in the local educational agency based on the
results of climate surveys.
(7) Overseeing age-appropriate, accessible, and trauma-
informed annual sex-based harassment prevention education and
training for students, employees, volunteers, contractors, and
other government employees who work in or with the local
educational agency.
(8) Ensuring that prevention education and training is
inclusive of diverse communities and identities, informed by
research, and conducted in partnership with local rape crisis
centers, State sexual assault coalitions or domestic violence
coalitions, or community organizations that work on addressing
discrimination on the basis of sex, including sex-based
harassment in schools.
(c) Waiver Authorized.--
(1) In general.--A local educational agency that receives
Federal financial assistance may request a waiver from the
Secretary of one or more of the requirements under thus section
on the basis that the requirement poses an insurmountable
financial burden to the recipient and the recipient has been
unable to secure sufficient grants under subsection (d).
(2) Alternative plan.--The waiver process shall include
requiring the recipient to submit an alternative plan for
ensuring 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. At the very minimum
within their alternative plan, the recipient shall establish a
partnership, through a memorandum of understanding, with a
local rape crisis center or a national or community-based
organization that specializes in trauma or crisis management
and support. The memorandum of understanding shall establish a
clear delineation of the roles and responsibilities of the
partners, which shall also include providing prevention
training and supporting measures when addressing reports about
incidents of sex-based harassment.
(3) Failure to follow alternative plan.--If the Secretary
determines (based on a submitted complaint or otherwise) that a
recipient has such a waiver approved but has not followed their
alternative plan, or if the Secretary determines that their
plan was insufficient to prevent and respond to sex-based
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.
A waiver granted under this subsection shall be valid for 2
years.
(d) Grants.--To carry out this section, there are authorized to be
appropriated such sums as may be necessary for each of the first five
fiscal year that begin after the effective date in subsection (e) for
grants to local educational agencies to offset the financial burden of
satisfying the requirements of this section. In making grants under
this subsection, the Secretary shall give priority to local educational
agencies that otherwise would face a high financial burden in
fulfilling such requirements.
(e) Effective Date.--This section shall take effect 1 year after
the date of the enactment of this Act.
SEC. 3. GRANTS FOR TRAINING ON HOW TO RESPOND TO SIGNS OF SEX-BASED
HARASSMENT AND ASSAULT OF STUDENTS.
(a) In General.--The Secretary is authorized to make 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 sex-based harassment and assault among students
or between students and adults.
(b) Applications.--
(1) In general.--Any local educational agency desiring to
receive a grant under this section for any fiscal year shall
submit an application to the Secretary at such time and in such
manner as the Secretary may require. Each such application
shall--
(A) include a plan to provide the training
described in subsection (a); and
(B) demonstrate how the grant funds will be used to
meet the needs for such training.
(2) Deadline.--The Secretary shall award grants under this
section not later than 6 months after the deadline for grant
application submission established under paragraph (1).
(c) Equitable Distribution.--To the extent practicable, in awarding
grants under this section, the Secretary shall--
(1) ensure an equitable geographic distribution of grants
under this section, including the distribution of such grants
between rural and urban areas; and
(2) give priority to local educational agencies that have
jurisdiction over an underserved area or areas.
(d) Priorities.--In allocating funds to local educational agencies
under this section, the Secretary shall consider the quality of the
applications submitted, but the Secretary shall give priority to local
educational agencies whose applications include any of the following:
(1) A demonstration that the applicant does not receive
other Federal, State, or local funds to carry out the
activities described in this section.
(2) Statements of support from students or student groups.
(e) Supplement, Not Supplant.--Grant funds provided under this
section shall be used to supplement, not supplant, other Federal or
State funds available to carry out the activities described in this
section.
(f) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated to the Secretary of Education
$50,000,000 for each of the first five fiscal year that begin after the
date of the enactment of this Act.
SEC. 4. SEX-BASED HARASSMENT SURVEYS.
(a) Sex-Based Harassment Survey.--
(1) In general.--The Secretary of Education, in
consultation with the Attorney General and the Director of the
Centers for Disease Control of the Department of Health and
Human Services, shall develop an empirically validated sex-
based harassment survey to be conducted on an anonymous basis
of elementary school and secondary school students and staff.
The survey shall assess the occurrence on school property,
during the preceding calendar year for which data is available,
of instances of sex-based harassment. The Secretary shall
ensure that the survey questions vary between staff and
students and for different age groups in order to ensure that
the questions are developmentally appropriate.
(2) Development of administration mechanism.--The Secretary
of Education, in consultation with the Attorney General and the
Director of the Centers for Disease Control of the Department
of Health and Human Services, shall develop a mechanism by
which local educational agencies may, with respect to the
survey developed pursuant to this section--
(A) administer such survey; and
(B) modify such survey to include additional
elements or requirements, as determined by the agency.
(3) Local administration.--
(A) In general.--Beginning not later than 2 years
after the date on which the Secretary of Education
makes available to local educational agencies the
mechanism described in paragraph (2), and every year
thereafter, each local educational agency that receives
Federal financial assistance shall administer the
survey developed pursuant to this section to elementary
school and secondary school students and staff.
(B) Accessibility.--Local educational agencies
shall ensure that the survey is administered in such a
way as to be readily accessible to, and usable by,
individuals with disabilities.
(b) Requirements.--The survey developed pursuant to this section--
(1) shall be fair and unbiased, be reliable, be trauma-
informed, meet the highest standards of survey research, and
notify the participant using age-appropriate language that
anonymized results of the survey may be published; and
(2) shall ensure that the responses to the survey
questions--
(A) are collected by individuals who are not in
daily or close contact with the students; and
(B) in a case in which such responses are included
in a report, do not include personally identifiable
information.
(c) Statistics.--Beginning 6 months after the results of the first
survey developed pursuant to this section are available, the Secretary
of Education, in consultation with the Attorney General and the
Director of the Centers for Disease Control of the Department of Health
and Human Services, shall compile statistics based upon their analysis
of the results of such survey. Such officials shall update, conduct,
and compile the results of, the survey every 2 years thereafter. The
compiled statistics should be disaggregated by local educational
agency, except that such disaggregation shall not be required in the
case of a local educational agency of a size such that the results
would reveal personally identifiable information about an individual
student, in which case, an alternate basis for disaggregation shall be
selected.
(d) Public Availability.--The statistics compiled under subsection
(c) shall be made publicly available on the website of the Department
of Education and readily accessible to and usable by individuals,
including individuals with disabilities.
(e) Options.--The survey shall give--
(1) students the option to report their demographic
information; and
(2) parents and guardians of students the option to opt
their student out of the survey.
(f) Topics.--Survey questions included in the survey tool developed
pursuant to this section--
(1) shall be designed to gather information on student
experiences with sex-based harassment;
(2) shall use trauma-informed language to prevent re-
traumatization; and
(3) subject to subsection (a), shall address--
(A) whether the instances of sex-based harassment
described were experienced in-person or through
electronic means;
(B) the effectiveness of school sexual violence
awareness and prevention programs and policies for the
overall student body and different student populations,
such as students of color, students in the LGBTQ
communities, immigrant students, pregnant and parenting
students, and students with disabilities;
(C) students' awareness of school policies and
procedures, including the location and process for
accessing school resources, such as a Title IX
Coordinator designated by the school pursuant to title
IX of the Education Amendments of 1972 (20 U.S.C. 1681
et seq.) and the regulations promulgated to carry out
such title;
(D) whether individuals impacted by sex-based
harassment have experienced negative effects on their
education, including diminished grades, dropped
classes, or leaves of absence;
(E) whether the alleged discrimination on the basis
of sex or sex-based harassment was allegedly committed
by a student, school employee, or volunteer and other
contextual factors;
(F) whether individuals impacted by sex-based
harassment reported or did not report the incident to
the school;
(G) if such an individual did so report to the
school, to whom they reported, and what response the
survivor received to include being informed of, or
referred to, national, State, local, tribal, or
resources;
(H) if such an individual reported to the school--
(i) did the school conduct an
investigation;
(ii) if an investigation was conducted, how
long did the investigation take; and
(iii) if an investigation was conducted,
what was the final resolution of the
investigation;
(I) if such an individual did so report, whether
they experienced retaliation following the reporting;
(J) attitudes toward sexual violence and
harassment, including individuals' willingness to
intervene as a bystander of sex-based, race-based,
national-origin-based, sexual-orientation-based,
gender-identity-based, and disability-based
discrimination, harassment, assault, domestic violence,
dating violence, and stalking;
(K) perception of school safety and confidence in
the school's ability to appropriately address sex-
based, race-based, national-origin-based, sexual-
orientation-based, gender-identity-based, and
disability-based discrimination, harassment, assault,
domestic violence, dating violence, and stalking; and
(L) any other issues relating to sex-based, race-
based, national-origin-based, sexual-orientation-based,
gender-identity-based, and disability-based
discrimination, harassment, assault, domestic violence,
dating violence, and stalking, as appropriate.
(g) Completed Surveys.--The Secretary of Education shall require
each local educational agency that administers the survey tool
developed pursuant to this section to ensure, to the maximum extent
practicable, that an adequate, random, and representative sample size
of students (as determined by the Secretary) enrolled at elementary
schools and secondary schools under the jurisdiction of the agency
complete the survey tool developed pursuant to this section.
(h) Reports.--Beginning not later than 5 years after the date of
the enactment of this Act, the Secretary of Education--
(1) shall prepare an annual report on the information
gained from the standardized elements of the survey under this
section and publish such report in an accessible format on the
website of the Department of Education, including as part of
any online consumer tool offered or supported by the Department
of Education that provides information to students regarding
specific educational institutions; and
(2) shall submit such report to the Congress.
(i) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 to carry out this section for each of the
first five fiscal years that begin after the date of the enactment of
this Act.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to preempt, invalidate, or
limit rights, remedies, procedures, or legal standards available to
victims of discrimination or retaliation under any other Federal law or
law of a State or political subdivision of a State, including titles VI
and VII of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.),
title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.),
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or
section 1979 of the Revised Statutes (42 U.S.C. 1983). The obligations
imposed by this Act are in addition to those imposed by those Acts.
SEC. 6. SENSE OF CONGRESS.
It is the sense of the Congress that it is valuable for students to
have access to confidential reporting of sex-based harassment and
abuse, and schools should attempt to provide that to the extent
possible in accordance with State and local laws.
SEC. 7. DEFINITIONS.
In this Act:
(1) The term ``dating violence'' means violence committed
by a person who is or has been in a social relationship of a
romantic or intimate nature with the victim.
(2) The term ``discrimination on the basis of sex''
includes discrimination on the basis of sex stereotypes, sex
characteristics, pregnancy or related conditions, sexual
orientation, and gender identity.
(3) The term ``domestic violence'' means felony or
misdemeanor crimes of violence committed by a person who--
(A) is a current or former spouse or intimate
partner of the victim under the family or domestic
violence laws of the jurisdiction of the recipient, or
a person similarly situated to a spouse of the victim;
(B) is cohabitating, or has cohabitated, with the
victim as a spouse or intimate partner;
(C) shares a child in common with the victim; or
(D) commits acts against a youth or adult victim
who is protected from those acts under the family or
domestic violence laws of the jurisdiction.
(4) The term ``elementary school'' means--
(A) an elementary school as defined by section 8101
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801); and
(B) a public or private preschool.
(5) The term ``Federal financial assistance'' means any of
the following, when authorized or extended under a law
administered by the Secretary:
(A) A grant or loan of Federal financial
assistance, including funds made available for--
(i) the acquisition, construction,
renovation, restoration, or repair of a
building or facility or any portion thereof;
and
(ii) scholarships, loans, grants, wages or
other funds extended to any entity for payment
to or on behalf of students admitted to that
entity, or extended directly to such students
for payment to that entity.
(B) A grant of Federal real or personal property or
any interest therein, including surplus property, and
the proceeds of the sale or transfer of such property,
if the Federal share of the fair market value of the
property is not, upon such sale or transfer, properly
accounted for to the Federal Government.
(C) Provision of the services of Federal personnel.
(D) Sale or lease of Federal property or any
interest therein at nominal consideration, or at
consideration reduced for the purpose of assisting the
recipient or in recognition of public interest to be
served thereby, or permission to use Federal property
or any interest therein without consideration.
(E) Any other contract, agreement, or arrangement
which has as one of its purposes the provision of
assistance to any education program or activity, except
a contract of insurance or guaranty.
(6) The term ``institution of vocational education'' means
a school or institution (except an institution of professional
or graduate or undergraduate higher education) which has as its
primary purpose preparation of students to pursue a technical,
skilled, or semiskilled occupation or trade, or to pursue study
in a technical field, whether or not the school or institution
offers certificates, diplomas, or degrees and whether or not it
offers full-time study.
(7) The term ``local educational agency'' has the meaning
given such term in section 8101 of the Elementary and Secondary
Education Act of 1965 (8 U.S.C. 7801).
(8) The term ``pregnancy or related conditions'' includes--
(A) pregnancy, childbirth, termination of
pregnancy, or lactation;
(B) medical conditions related to pregnancy,
childbirth, termination of pregnancy, or lactation,
including preeclampsia, mastitis, pregnancy-related
nausea or vomiting, fatigue, dehydration, and
postpartum depression; and
(C) recovery from pregnancy, childbirth,
termination of pregnancy, lactation, or their related
medical conditions.
(9) The term ``recipient'' means any State or political
subdivision thereof, or any instrumentality of a State or
political subdivision thereof, any public or private agency,
institution, or organization, or other entity, or any person,
to whom Federal financial assistance is extended directly or
through another recipient and which operates an education
program or activity which receives such assistance, including
any subunit, successor, assignee, or transferee thereof.
(10) The term ``secondary school'' means--
(A) a secondary school as defined by section 8101
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801); and
(B) an institution of vocational education that
serves secondary school students.
(11) The term ``Secretary'' means the Secretary of
Education.
(12) The term ``sex-based harassment'' means--
(A) sexual harassment;
(B) harassment on the basis of sex stereotypes, sex
characteristics, pregnancy or related conditions,
sexual orientation, or gender identity; and
(C) other conduct on the basis of sex that is one
of the following:
(i) Quid pro quo harassment where 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 unwelcome sexual conduct.
(ii) Hostile environment harassment
consisting of unwelcome sex-based conduct that
is sufficiently severe or pervasive, that,
based on the totality of the circumstances and
evaluated subjectively and objectively, denies
or limits a person's ability to participate in
or benefit from the recipient's education
program or activity.
(iii) Sexual assault.
(iv) Dating violence.
(v) Domestic violence.
(vi) Stalking.
(13) The term ``sexual assault'' means an offense
classified as a forcible or nonforcible sex offense under the
uniform crime reporting system of the Federal Bureau of
Investigation.
(14) The term ``stalking'' means engaging in a course of
conduct directed at a specific person that would cause a
reasonable person to--
(A) fear for the person's safety or the safety of
others; or
(B) suffer substantial emotional distress.
(15) The term ``Title IX Coordinator'' means--
(A) the employee of a recipient designated or
authorized to coordinate the recipient's efforts to
comply with its responsibilities under title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.)
and the regulations promulgated to carry out such
title; or
(B) one or more designees selected to carry out
some of the recipient's responsibilities for compliance
with title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.), and the regulations promulgated
to carry out such title, under the condition that one
Title IX Coordinator must retain ultimate oversight
over those responsibilities.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
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