[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8193 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 8193

To require the Secretary of Education to ensure that local educational 
     agencies establish full-time title IX coordinators to improve 
   oversight, data collection on sexual harassment, student survivor 
                    support, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 2020

Ms. Meng (for herself, Ms. Escobar, Ms. Norton, Mr. Casten of Illinois, 
 Ms. Lee of California, Mr. Serrano, Mr. Kennedy, Mrs. Napolitano, Mr. 
   Cuellar, Mr. Garcia of Illinois, Ms. Kuster of New Hampshire, Mr. 
Suozzi, Mr. Cooper, Mr. Hastings, Mr. Lynch, Mr. Khanna, Mrs. Lawrence, 
  Mr. Carson of Indiana, Ms. Frankel, and Mrs. Hayes) introduced the 
 following bill; which was referred to the Committee on Education and 
                                 Labor

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Education to ensure that local educational 
     agencies establish full-time title IX coordinators to improve 
   oversight, data collection on sexual harassment, student survivor 
                    support, 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 ``Supporting Survivors of Sexual 
Harassment in Schools Act of 2020''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Title IX of the Education Amendments of 1972 (20 U.S.C. 
        1681 et seq.) (in this Act referred to as ``title IX'') 
        mandates that no individual in the United States shall be 
        excluded on the basis of sex from participation in, be denied 
        the benefits of, or be subjected to discrimination under any 
        education program or activity that receives Federal financial 
        assistance.
            (2) Although title IX protects against sexual and sex-based 
        harassment and violence, sexual assaults in K-12 schools and 
        institutions of higher education remain a pervasive problem.
            (3) Peer sexual harassment is a significant social problem 
        with consequences for both students and schools. Four out of 5 
        students report experiencing sexual harassment. These 
        experiences have been linked to poor psychological health and 
        academic withdrawal.
            (4) Many school districts have only a part-time, single 
        title IX coordinator at the local educational agency level to 
        oversee principals, school-site specific title IX coordinators, 
        staff, and the safety of thousands of students.
            (5) Although educational institutions have a legal 
        responsibility to enforce, monitor, and respond to sexual 
        harassment and assault, far more students experience sexual 
        harassment than schools report.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (2) Full-time local educational agency title ix 
        coordinator.--The term ``full-time local educational agency 
        title IX coordinator'' means an individual who is acting as an 
        employee of the local educational agency, or who is paid by an 
        entity contracting with the local educational agency and acting 
        on behalf of the local educational agency--
                    (A) with an average work period of 40 hours per 
                week, 160 hours per month, or full time as defined by 
                State regulations; and
                    (B) accountable to fulfill the title IX coordinator 
                requirements under Federal, State, and local laws and 
                policy.
            (3) Title ix coordinator.--The term ``title IX 
        coordinator'' means a responsible employee, as described in 
        section 106.8(a) of title 34, Code of Federal Regulations, 
        designated to coordinate efforts under title IX of the 
        Education Amendments of 1972 (20 U.S.C. 1681 et seq.).
            (4) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 8101(30) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801(30)).
            (5) 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, 
        conditions, benefits, or privileges of an educational 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. 4. PURPOSES.

    The purposes of this Act are to--
            (1) support local educational agencies to ensure that title 
        IX coordinators at the local educational agency level and at 
        the school level have the support to fully carry out their 
        roles and responsibilities;
            (2) identify that sexual harassment, including stalking and 
        dating violence, is a pervasive problem in K-12 schools and 
        requires increased attention;
            (3) protect students, teachers, and administrative staff 
        from inconsistent policies and protocol;
            (4) identify, implement, and disseminate best practices for 
        reducing and preventing sex discrimination in K-12 schools;
            (5) increase safety standards in schools to ensure that 
        sexual harassment does not compromise students' access to 
        education;
            (6) collect data on prevalence, impact of, and response to 
        sexual harassment in education; and
            (7) protect students who come forward to report sexual 
        harassment.

SEC. 5. SUPPORT FOR TITLE IX COORDINATORS; COLLECTION OF DATA.

    (a) Issuance of Rules.--The Secretary shall issue rules necessary 
to ensure that there is not less than 1 full-time title IX coordinator 
for each local educational agency that receives funds under title V of 
the Elementary and Secondary Education Act of 1965 and that serves 
10,000 or more students.
    (b) Civil Rights Data Collection.--The Secretary shall collect and 
publish within the Civil Rights Data Collection, in addition to data 
already collected and in accordance to Family Educational Rights and 
Privacy Act (FERPA)--
            (1) the full-time and part-time employment of title IX 
        coordinators for each local educational agency; and
            (2) specific data under Offenses: Sexual Violence, cross-
        tabulated and disaggregated by sex, disability, and race, 
        color, or nationality--
                    (A) number of reported incidents of sexual 
                harassment, dating violence, stalking, rape, attempted 
                rape, and sexual assault (other than rape), that 
                alleged to have occurred at the school or school 
                activity, committed by a student;
                    (B) number of reported incidents of sexual 
                harassment, dating violence, stalking, rape, attempted 
                rape, and sexual assault (other than rape), that 
                alleged to have occurred at the school or school 
                activity, committed by a school staff member;
                    (C) number of reports of sexual harassment, dating 
                violence, stalking, rape, attempted rape, and sexual 
                assault (other than rape) committed by a student that 
                resulted in a finding that a student was responsible 
                for the offense or not responsible for the offense;
                    (D) number of reports of sexual harassment, dating 
                violence, stalking, rape, attempted rape, and sexual 
                assault (other than rape), against a school staff 
                member that were followed by a resignation or 
                retirement prior to final discipline or termination;
                    (E) number of reports of sexual harassment, dating 
                violence, stalking, rape, attempted rape, and sexual 
                assault (other than rape), that occurred at the school 
                or school activity, against a school staff member that 
                were followed by a determination that the school staff 
                member was responsible or not responsible for the 
                offense;
                    (F) number of reports of sexual harassment, dating 
                violence, stalking, rape, attempted rape, and sexual 
                assault (other than rape), that occurred at the school 
                or school activity, against a school staff member that 
                had a determination that remained pending;
                    (G) number of reports of sexual harassment, dating 
                violence, stalking, rape, attempted rape, and sexual 
                assault (other than rape), that occurred at the school 
                or school activity, against a school staff member that 
                were followed by a duty reassignment prior to final 
                discipline or termination;
                    (H) the median length of the complaint process from 
                the filing of a report, to the end of the appeals 
                process; and
                    (I) the number of students who took leaves of 
                absences, transferred schools, or dropped out within a 
                year after reporting sexual harassment, dating 
                violence, stalking, rape, attempted rape, and sexual 
                assault (other than rape) to the school.
    (c) Climate Surveys.--
            (1) Beginning 18 months after the date of enactment of the 
        Supporting Survivors of Sexual Harassment in Schools Act, the 
        full-time local educational agency title IX coordinator shall 
        develop and collect anonymous climate survey data based on 
        paragraph (2), cross-tabulated and disaggregated by sex 
        (including sexual orientation, gender identity, and pregnancy), 
        disability, and race, color or national origin, in accordance 
        to Family Educational Rights and Privacy Act (FERPA) and except 
        in circumstances where small population sizes would mean 
        collection of this data compromises anonymity, from each school 
        community, including students, parents, and staff, and 
        conducted not later than one year after such date of enactment, 
        and conducted, reviewed, and updated annually.
            (2) The full-time local educational agency title IX 
        coordinator shall collect and submit to the Department 
        anonymous climate survey data cross-tabulated and disaggregated 
        by sex (including sexual orientation, gender identity, and 
        pregnancy), disability, and race, color or national origin, in 
        accordance to Family Educational Rights and Privacy Act (FERPA) 
        and except in circumstances where small population sizes would 
        mean collection of this data compromises anonymity, that 
        includes--
                    (A) the reported incidence and prevalence of 
                experiences of sexual harassment, sexual violence, 
                dating violence, domestic violence, and stalking;
                    (B) the rate in which the perpetrator was a 
                student, staff, or teacher and other contextual 
                factors;
                    (C) whether students report that they know about 
                institutional policies and procedures, such as the 
                identity of the title IX coordinator, the location of 
                title IX resources, including resources on sexual 
                harassment, gender-based harassment and violence, and 
                definitions of sexual misconduct;
                    (D) if students indicate they have reported gender-
                based harassment and violence, the role of the people 
                to whom they reported;
                    (E) types of disciplinary action and the rate of 
                disciplinary action taken against the complainant and/
                or the respondent related to the report of gender-based 
                harassment;
                    (F) the types of accommodations and supports 
                students who indicate they have reported gender-based 
                harassment report having received, such as counseling, 
                medical services, or class scheduling changes;
                    (G) any reported short-term or long-term impacts on 
                physical or mental health from students who have 
                experienced gender-based violence or harassment;
                    (H) the frequency at which complainants request to 
                drop classes, take a leave of absence from school, or 
                leave the institution permanently;
                    (I) school community members' attitudes toward 
                gender-based violence and harassment, including 
                individuals' willingness to intervene as a bystander; 
                and
                    (J) school community members' perception of campus 
                safety and confidence in the institution's ability to 
                appropriately address gender-based violence and 
                harassment.
    (d) Guidance.--The Secretary must provide guidance to LEAs and 
full-time local educational agency title IX coordinators on how to 
implement the climate survey.
    (e) Report.--The Department must publish an annual report on 
climate survey data findings from subsection (b) on the Department 
website. The annual report shall include national, State, and district-
level data, cross-tabulated and disaggregated by sex (including sexual 
orientation, gender identity, and pregnancy), disability, race, color, 
or national origin in accordance to Family Educational Rights and 
Privacy Act (FERPA), on the following:
            (1) The incidence and prevalence of sexual harassment, 
        sexual violence, dating violence, domestic violence, and 
        stalking.
            (2) The rate of incidences of when the perpetrator was a 
        student and other contextual factors, such as whether force, 
        incapacitation, or coercion was involved.
            (3) The percentage of students who know about institutional 
        policies and procedures, such as the identity of the title IX 
        coordinator, the location of title IX resources, and 
        definitions of sexual misconduct.
            (4) The type of roles of the people to whom incidences of 
        sexual harassment were most commonly reported.
            (5) The types and prevalence of accommodations and supports 
        provided to survivors, such as counseling, medical services, or 
        class scheduling changes.
            (6) The estimated cost and/or impact of violence on 
        survivors, such as costs associated with counseling, medical 
        services, or class scheduling changes.
            (7) The frequency at which complainants request to drop 
        classes, take a leave of absence from school, or leave the 
        institution permanently.
            (8) Types of long-term impacts on the survivor's health, 
        such as disabilities that may have resulted from experiencing 
        gender-based violence or harassment.
            (9) School community attitudes toward gender-based violence 
        and harassment, including individuals' willingness to intervene 
        as a bystander.
            (10) School community members' perception of campus safety 
        and confidence in the institution's ability to appropriately 
        address gender-based violence and harassment.
    (f) Best Practices.--In addition to the data listed in subsection 
(e), the report shall include information on best practices.

SEC. 6. DISCLOSURE AND USE OF DATA.

    The Secretary shall make the data described in section 6 for each 
year publicly available on the website of the Department of Education 
and through any other appropriate method, in a timely and user-friendly 
manner, and accessible and usable by individuals with disabilities.

SEC. 7. SUPPORT FOR STUDENT SURVIVORS.

    (a) Notification.--The Secretary shall require school-level title 
IX coordinators and school administrators, upon becoming aware of 
sexual harassment, to notify the complainant in writing and orally, 
about available assistance to support the complainant of sexual 
harassment and ensure their 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, or taking other measures to separate the 
        complainant and the respondent that minimize the burden on the 
        complainant;
            (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, consistent with laws that 
        protect students with disabilities, including Section 504 of 
        the Rehabilitation Act of 1973 (Section 504), the Americans 
        with Disabilities Act (ADA), and the Individuals with 
        Disabilities Education Act (IDEA).
    (b) Guidance.--Working in collaboration with the full-time 
coordinator, the local educational agency title IX must issue guidance 
to schools, students, and parents (including guardians) to explicitly 
protect students from punishment or retaliation when making reports of 
sexual harassment. Such guidance must apply to all reports of 
harassment, including in the context of a same-sex 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 assault, including, but not 
        limited to, 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 
        seeing the respondent at school;
            (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; and
            (3) the full-time local educational agency title IX 
        coordinator shall review disciplinary actions related to a 
        complaint of harassment to ensure that disciplinary action was 
        not taken against a complainant for engaging in action taken as 
        a result of the sexual harassment.

SEC. 8. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed--
            (1) to modify any provision of title IX of the Education 
        Amendments of 1972 (20 U.S.C. 1681 et seq.); or
            (2) to affect the enforcement of such title by the 
        Department of Education, the Department of Justice, or any 
        other Federal entity.
                                 <all>