[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8290 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8290

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

                           September 17, 2020

 Mr. Casten of Illinois (for himself, Ms. Frankel, Mrs. Lawrence, and 
  Ms. Meng) introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 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 (as defined in 
section 8101 of the Elementary and Secondary Education Act of 1965 (8 
U.S.C. 7801)) that receives Federal financial assistance (as such term 
is defined in section 7501(a)(5) of title 31, United States Code), the 
following requirements shall apply as a condition on continued receipt 
of such assistance:
            (1) The recipient shall designate at least one full-time 
        equivalent employee to serve as a Title IX Coordinator per 
        75,000 students in 7th grade or above served by the recipient 
        and one per 150,000 students in 6th grade or below.
            (2) The recipient shall ensure 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 should not have any other 
        school-related responsibility 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, 
        athletics director, etc.).
            (4) A Title IX Coordinator, along with a principal, campus 
        security, bus driver, teacher, counselor or social worker, 
        affirmative action officer, or any other staff member, shall be 
        considered an ``appropriate person'' to whom to disclose sexual 
        assaults for purposes of the legal standards that enable 
        private rights of action.
    (b) Duties.--Each Title IX Coordinator for a local educational 
agency shall ensure the local educational agency's 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:
            (1) Ensuring that every individual affected by the 
        operations of the local educational agency, including students, 
        parents, guardians, employees, and applicants for admission or 
        employment, is aware of their rights under Federal, State, and 
        local laws and polices against sex discrimination, including 
        title IX, 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 on school websites and in 
        school handbooks.
            (3) Monitoring complaints alleging discrimination based on 
        sex (including sexual orientation, gender identity, pregnancy, 
        childbirth, a medical condition related to pregnancy or 
        childbirth, and a sex stereotype) and sexual harassment, 
        including supportive measures offered to complainants and the 
        outcomes of complaints.
            (4) Identifying patterns of sex discrimination from 
        complaints and addressing its impact on the school community.
            (5) Coordinating dissemination, collection, and analysis of 
        climate surveys, including the survey described in section 4, 
        and identifying and proactively addressing sex discrimination 
        in the local educational agency based on the results of climate 
        surveys.
            (6) Overseeing age-appropriate sexual harassment prevention 
        education and trainings to school employees and students and 
        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 community organizations that work 
        on addressing sex discrimination, including sexual harassment 
        in schools.
    (c) Waiver Authorized.--A recipient described in subsection (a) may 
request a waiver from the Secretary of Education of one or more of the 
requirements under such subsection 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). 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. If a recipient has 
such a waiver approved but does not follow their alternative plan, or 
the Secretary deems their plan was insufficient to prevent and respond 
to sexual harassment and assault, the Secretary of Education 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 to the Secretary of Education $100,000,000 for grants to 
recipients described in subsection (a) to offset the financial burden 
of satisfying the requirements of this section. In making grants under 
this subsection, priority shall be given to local educational agencies 
that otherwise would face a high financial burden in fulfilling such 
requirements.
    (e) Definition.--In this section, 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) with major responsibility for coordinating 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. 3. GRANTS FOR TRAINING ON HOW TO RESPOND TO SIGNS OF SEXUAL 
              HARASSMENT AND ASSAULT OF STUDENTS.

    There are authorized to be appropriated to the Secretary of 
Education $50,000,000 for grants to local educational agencies (as 
defined in section 8101 of the Elementary and Secondary Education Act 
of 1965 (8 U.S.C. 7801)) to train elementary 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 of students by adults 
at school.

SEC. 4. CLIMATE SURVEYS.

    (a) 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 sexual violence climate survey to be conducted 
on an anonymous basis of elementary and secondary school students and 
staff not later than one year after the date of the enactment of this 
Act. The survey shall assess the occurrence on school property during 
the preceding calendar year for which data is available of instances of 
domestic violence, dating violence, sexual assault, sexual violence, 
sexual harassment, and stalking.
    (b) Statistics.--Beginning 18 months after the date of the 
enactment of this Act, such officials shall compile statistics based 
upon their analysis of the results of the 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.
    (c) Developmentally Appropriate Content.--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.
    (d) Public Availability.--The statistics compiled under subsection 
(b) 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) Topics.--Subject to subsection (c), the survey shall address--
            (1) whether the instances domestic violence, dating 
        violence, sexual assault, sexual violence, sexual harassment, 
        and stalking described were experienced in-person or through 
        electronic means;
            (2) 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;
            (3) the effectiveness of current processes for complaints 
        on and investigations into sex-based, race-based, national 
        origin-based, sexual orientation-based, gender identity-based, 
        and disability-based harassment, assault, discrimination, 
        domestic violence, dating violence, and stalking;
            (4) students' awareness of school policies and procedures, 
        including the location and process for accessing school 
        resources such as the title IX coordinator designated by the 
        school pursuant to title IX of the Education Amendments of 1972 
        (20 U.S.C. 1681 et seq.);
            (5) whether individuals impacted by sexual harassment, 
        sexual violence, discrimination, domestic violence, dating 
        violence, and stalking have experienced negative effects on 
        their education, including diminished grades, dropped classes, 
        or leaves of absence;
            (6) what training is being provided to teachers and staff 
        on policies and procedures pertaining to sexual harassment, 
        sexual violence, discrimination, domestic violence, dating 
        violence, and stalking, including best practices in prevention;
            (7) whether the perpetrator of sexual harassment, sexual 
        violence, discrimination, domestic violence, dating violence, 
        and stalking was a student and other contextual factors;
            (8) whether individuals impacted by sexual harassment, 
        sexual violence, discrimination, domestic violence, dating 
        violence, and stalking reported such sexual harassment, sexual 
        violence, discrimination, domestic violence, dating violence, 
        and stalking;
            (9) if such an individual did so report, to whom they 
        reported, and what response the survivor received;
            (10) if such an individual reported to the school, did the 
        school conduct an investigation and how long did the 
        investigation take;
            (11) school community members', such as students, full-time 
        and part-time staff and faculty, and administration officials, 
        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;
            (12) school community members', such as students, full-time 
        and part-time staff and faculty, and administration officials, 
        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;
            (13) 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; and
    (f) Additional Topics.--States and local educational agencies may 
add additional questions to the survey as they determine appropriate.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 to carry out this section.

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 title VI 
of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of 
the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 
of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or section 1979 of 
the Revised Statutes (42 U.S.C. 1983). The obligations imposed by this 
Act are in addition to those imposed by title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681 et seq.), title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d et seq.), and the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

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 sexual harassment and abuse, 
and schools should attempt to provide that to the extent possible in 
accordance with State and local laws.

SEC. 7. EFFECTIVE DATE.

    Unless otherwise provided in this Act, this Act shall take effect 
120 days after the date of the enactment of this Act.
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