[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1964 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1964

  To support educational entities in fully implementing title IX and 
 reducing and preventing sex discrimination in all areas of education, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2019

Ms. Hirono (for herself, Ms. Baldwin, Mr. Blumenthal, Ms. Cantwell, Ms. 
 Cortez Masto, Mrs. Gillibrand, Ms. Harris, Ms. Hassan, Ms. Klobuchar, 
 Mr. Markey, Mr. Merkley, Ms. Rosen, Mr. Schatz, Mrs. Shaheen, and Ms. 
    Warren) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To support educational entities in fully implementing title IX and 
 reducing and preventing sex discrimination in all areas of education, 
                        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 ``Patsy T. Mink and Louise M. 
Slaughter Gender Equity in Education Act of 2019''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Title IX of the Education Amendments of 1972 (20 U.S.C. 
        1681 et seq.) (in this Act referred to as ``title IX'') and the 
        implementing regulations of title IX prohibit sex 
        discrimination in federally funded education programs and 
        activities.
            (2) Although title IX requires that schools treat students 
        equally with regard to athletic participation opportunities, 
        athletic scholarships, and the benefits and services provided 
        to athletic teams, female participation rates, especially for 
        girls of color, lag far behind male participation rates. 
        Currently, only \2/3\ of Black and Latina girls play sports, 
        and barely over \1/2\ of Asian-American girls play sports, 
        compared to more than \3/4\ of White girls. Female student 
        athletes have been found to have higher levels of self-esteem 
        and to be more likely to graduate from high school than female 
        students who do not play sports. Although the availability of 
        athletic scholarships facilitates access to higher education, 
        many schools fail to award proportional athletic financial aid 
        to women, which can affect their long-term employment outcomes 
        and economic security.
            (3) Although title IX ensures gender equity in career and 
        technical education, women are severely underrepresented in 
        fields nontraditional to their gender. A recent study by the 
        National Coalition for Women and Girls in Education indicated 
        that women make up more than 80 percent of workers with 
        training or certification in historically women-dominated 
        occupations that pay less than $30,000 per year, including 
        child care, early childhood education, home care, and 
        cosmetology. Women represent less than 40 percent of workers 
        trained or certified in high-paying and historically male-
        dominated fields, including transportation, advanced 
        manufacturing, and construction.
            (4) Although title IX ensures gender equity in the fields 
        of science, technology, engineering, and mathematics (in this 
        section referred to as ``STEM'') education, women are 
        disproportionately lost at nearly every stage of the STEM 
        pipeline. A recent report by the National Center for Education 
        Statistics showed that women earned only 32 percent of all STEM 
        degrees in 2017, and nearly \1/2\ of these women were White. 
        Women of color earned about 12 percent of STEM degrees in that 
        same year. Furthermore, in STEM fields where women are 
        particularly underrepresented, such as computing and 
        engineering, women earned an even smaller percentage of 
        degrees, including only 19 percent of computing bachelor's 
        degrees, and 21 percent of engineering bachelor's degrees.
            (5) Although title IX prohibits sex discrimination in 
        employment in federally funded education programs, a recent 
        report by the American Association of University Women found 
        that women comprise only 36 percent of tenured faculty and 30 
        percent of university presidents. A similar study by the 
        National Science Foundation confirmed that women only hold 34 
        percent of all tenured and tenure-track positions, and 27 
        percent of full professor positions in STEM fields. 
        Furthermore, Black and Latina women, together, hold only 4 
        percent of all tenured and tenure-track positions, and barely 
        over 2 percent of full professor positions in STEM fields. 
        Asian-American women hold around 5 percent of all tenured and 
        tenure-track positions, and less than 3 percent of full 
        professor positions in STEM fields.
            (6) Although title IX protects against sexual and sex-based 
        harassment and violence, more than 50 percent of girls and 40 
        percent of boys in grades 7 through 12 experience sexual 
        harassment each year, and approximately 10 percent of high 
        school students experience dating violence each year. A recent 
        GLSEN report indicated that 87 percent of lesbian, gay, 
        bisexual, transgender, queer, and questioning (referred to in 
        this section as ``LGBTQ'') students have experienced harassment 
        or assault based on a personal characteristic, and nearly 66 
        percent have experienced LGBTQ-related verbal harassment at 
        school based on sexual orientation. Research has shown that 
        LGBTQ students who experience harassment at school are more 
        likely to experience depression and anxiety, to engage in 
        unhealthy and antisocial behaviors, and to have more unexcused 
        absences from school.
            (7) Although title IX prohibits discrimination on the basis 
        of pregnancy or parenting status, the limited availability of 
        accommodations for pregnancy-related conditions, including 
        medical absences, and the limited access to school-related 
        activities for pregnant and parenting students, are the leading 
        reasons that parenting mothers drop out of high school. A 
        recent report by the National Women's Law Center indicated that 
        only \1/2\ of teenage mothers earn a high school diploma by the 
        age of 22, compared with 89 percent of women who do not have a 
        child during their teenage years, and that \1/3\ of young 
        mothers will never get a diploma or GED, further limiting 
        continuing opportunities for education and employment.
            (8) Although title IX protects against discrimination based 
        on stereotypes of actual or perceived sex (including sexual 
        orientation or gender identity), many people carry implicit or 
        unconscious biases that can unintentionally influence 
        attitudes, beliefs, behaviors, and decisionmaking processes. 
        Research has shown that unconscious biases can impact classroom 
        environments, teaching methods, student evaluations, 
        disciplinary practices, and career and counseling guidance, 
        particularly for students who are pursuing nontraditional 
        fields.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) ESEA definitions.--The terms ``elementary school'', 
        ``institution of higher education'', ``local educational 
        agency'', ``secondary school'', and ``State educational 
        agency'' have the meanings given those terms in section 8101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (2) Director.--The term ``Director'' means the Director of 
        the Office for Gender Equity established under section 5(a).
            (3) Educational entity.--The term ``educational entity'' 
        means any of the following entities that receive Federal funds:
                    (A) A State educational agency.
                    (B) A local educational agency.
                    (C) An institution of higher education.
                    (D) An elementary school or secondary school.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (5) Title ix coordinator.--The term ``title IX 
        coordinator'' means a responsible employee, as described in 
        section 106.8(a) of title 34, Code of Federal Regulations, 
        designated to coordinate efforts under title IX of the 
        Education Amendments of 1972 (20 U.S.C. 1681 et seq.).

SEC. 4. PURPOSES.

    The purposes of this Act are to--
            (1) promote gender equity in education in the United 
        States;
            (2) support educational entities so that such entities have 
        the support to fully implement title IX;
            (3) provide title IX coordinators with training, technical 
        assistance, and support to fully carry out their roles and 
        responsibilities;
            (4) increase general awareness about the rights and 
        obligations of individuals and entities under title IX;
            (5) identify, implement, and disseminate best practices for 
        reducing and preventing sex discrimination in all areas of 
        education;
            (6) promote educational environments that are safe and free 
        of sexual and sex-based bullying, harassment, and violence; and
            (7) promote equity in education for students who face 
        discrimination based on multiple characteristics, including--
                    (A) race;
                    (B) ethnicity;
                    (C) national origin;
                    (D) disability status;
                    (E) religion;
                    (F) age; or
                    (G) actual or perceived sex (including sexual 
                orientation or gender identity).

SEC. 5. ESTABLISHMENT OF AN OFFICE FOR GENDER EQUITY.

    (a) In General.--The Secretary shall establish an Office for Gender 
Equity. The Director of the Office for Gender Equity shall be the 
Special Assistant for Gender Equity, as authorized under section 
202(b)(3) of the Department of Education Organization Act (20 U.S.C. 
3412(b)(3)). The Director of the Office for Gender Equity shall report 
directly to the Secretary.
    (b) Duties.--The Office for Gender Equity shall be responsible for 
the following:
            (1) Supporting educational entities in the full 
        implementation of title IX.
            (2) Providing title IX coordinators with training, 
        technical assistance, and support to fully carry out their 
        roles and responsibilities.
            (3) Providing grants to implement programs and activities 
        that are focused on reducing and preventing sex discrimination 
        in all areas of education.
            (4) Identifying and disseminating best practices for 
        reducing and preventing sex discrimination in all areas of 
        education.
            (5) Maintaining an Office of Gender Equity resource center 
        website to disseminate best practices in achieving gender 
        equity.
            (6) Performing any other activity consistent with achieving 
        the purposes of this Act.
    (c) Coordination.--To carry out the purposes of this Act, the 
Secretary shall coordinate with other relevant Federal offices and 
agencies, including--
            (1) the Office for Civil Rights of the Department of 
        Education;
            (2) the Institute of Education Sciences;
            (3) the White House Council on Women and Girls;
            (4) the Women's Bureau of the Department of Labor;
            (5) the Office on Women's Health of the Department of 
        Health and Human Services;
            (6) the Civil Rights Division of the Department of Justice;
            (7) the Office on Violence Against Women of the Department 
        of Justice;
            (8) the Centers for Disease Control and Prevention;
            (9) the Office of Safe and Healthy Students of the 
        Department of Education; and
            (10) other entities determined relevant for carrying out 
        the purposes of this Act.

SEC. 6. SUPPORT FOR TITLE IX COORDINATORS.

    (a) In General.--The Director shall provide coordination, training, 
technical assistance, and support for title IX coordinators to ensure 
that educational entities are able to fully implement title IX and 
reduce and prevent sex discrimination in all areas of education.
    (b) Title IX Coordinator Training.--
            (1) In general.--Not less than once a year, the Director 
        shall conduct a training for all title IX coordinators. The 
        training may be conducted in partnership with a national 
        organization with relevant expertise, and may be completed 
        online or in person.
            (2) Contents of training.--The training described in 
        paragraph (1) shall include the following information:
                    (A) The role and responsibility of title IX 
                coordinators.
                    (B) Best practices for increasing awareness about 
                rights and obligations under title IX.
                    (C) Best practices for investigating and responding 
                to claims of violations of title IX.
                    (D) Best practices for identifying and preventing 
                implicit and explicit sex discrimination in all areas 
                of education, including--
                            (i) recruitment and admissions;
                            (ii) teaching practices, textbooks, and 
                        curricula;
                            (iii) campus safety and security;
                            (iv) financial assistance;
                            (v) access to facilities, resources, and 
                        housing;
                            (vi) access to course offerings;
                            (vii) student health services and insurance 
                        benefits;
                            (viii) counseling and career guidance;
                            (ix) athletics;
                            (x) discipline policies;
                            (xi) employment; and
                            (xii) other areas that the Director 
                        determines are relevant for such purposes.
            (3) Application of training.--
                    (A) In general.--The Director shall take steps to 
                ensure that the trainings described in paragraph (1)--
                            (i) are adapted, as necessary, to address 
                        issues of sex discrimination at all levels of 
                        education;
                            (ii) are updated with the latest evidence-
                        based best practices; and
                            (iii) address recent trends in sex 
                        discrimination.
                    (B) Attention to discrimination based on multiple 
                characteristics.--The Director shall take steps to 
                ensure that such trainings include attention to 
                students who face discrimination based on multiple 
                characteristics, including--
                            (i) race;
                            (ii) ethnicity;
                            (iii) national origin;
                            (iv) disability status;
                            (v) religion;
                            (vi) age; or
                            (vii) actual or perceived sex (including 
                        sexual orientation or gender identity).
                    (C) Evaluation.--The Director shall--
                            (i) develop and conduct pre- and post-
                        training evaluations to assess the 
                        effectiveness of such trainings in improving 
                        the knowledge of the roles and responsibilities 
                        of title IX coordinators; and
                            (ii) use such evaluations to update the 
                        title IX coordinator trainings annually.
    (c) Handbook for Conducting Title IX Compliance Self-Evaluations.--
The Director shall develop a handbook for conducting self-evaluations 
of compliance with title IX in all areas of education, as described in 
subsection (b)(2)(D).
    (d) Assessment of Title IX Coordinator Support.--The Director shall 
collect relevant data and statistics on all title IX coordinators, 
including salary information, budgets, and primary roles, in order to 
make recommendations for improving title IX coordinator support.
    (e) Dissemination.--The Director shall ensure that the workplace 
contact information of all title IX coordinators and any training 
materials or information developed under this section are made 
available on the Office of Gender Equity resource center website, 
described in section 5(b)(5).

SEC. 7. SUPPORT FOR LOCAL IMPLEMENTATION.

    (a) Grants Authorized.--
            (1) In general.--The Secretary, acting through the 
        Director, is authorized to award grants to eligible entities to 
        support such eligible entities in fully implementing title IX 
        and reducing and preventing sex discrimination in all areas of 
        education.
            (2) Eligible entity.--In this section, the term ``eligible 
        entity'' means--
                    (A) a State educational agency;
                    (B) a local educational agency;
                    (C) an institution of higher education;
                    (D) an elementary school or secondary school; or
                    (E) a partnership consisting of--
                            (i) an entity described in subparagraphs 
                        (A) through (D); and
                            (ii) a national organization with relevant 
                        expertise, or another entity that the Secretary 
                        determines has relevant expertise.
    (b) Use of Funds.--An eligible entity receiving a grant shall use 
such funds to carry out programs and activities designed to fully 
implement title IX and prevent and reduce sex discrimination, including 
programs and activities that--
            (1) increase awareness of and counteract sex stereotypes, 
        biases, and discrimination;
            (2) include trainings for students, teachers, faculty, and 
        all personnel to learn about best practices for reducing and 
        preventing sex discrimination in all areas of education;
            (3) increase access to campus resources, facilities, and 
        course offerings;
            (4) support title IX coordinators in performing outreach, 
        advocacy, and education about title IX and reducing and 
        preventing sex discrimination;
            (5) are aimed at identifying patterns or systemic problems 
        in compliance with title IX;
            (6) strengthen prevention education and awareness programs 
        regarding sexual and sex-based harassment and violence;
            (7) conduct and analyze campus climate and victimization 
        surveys;
            (8) include institutional assessment activities to identify 
        areas and causes of gender inequities;
            (9) make efforts to improve progress on gender equity 
        indicators as described in subsection (c)(2)(A); and
            (10) make efforts to improve accuracy in measurement, data 
        collection, and reporting of gender equity indicators as 
        described in subsection (c)(2)(A).
    (c) Applications.--
            (1) In general.--An eligible entity desiring a grant under 
        this section shall submit an application to the Secretary at 
        such time, in such manner, and containing such information as 
        the Secretary may reasonably require.
            (2) Contents of application.--Each application submitted by 
        an eligible entity under this section shall include the 
        following:
                    (A) A description of locally defined and documented 
                gender equity needs and priorities, which may include 
                any of the following indicators:
                            (i) Academic indicators, including 
                        performance on State assessments, enrollment, 
                        admission, attrition, time to completion, and 
                        graduation rates.
                            (ii) Civil rights data, including 
                        statistics on bullying, harassment, violence, 
                        discipline, and expulsion.
                            (iii) Campus climate and victimization 
                        data.
                            (iv) Employment data.
                            (v) Attendance and absenteeism data.
                            (vi) Evidence of burden on title IX 
                        coordinators, including coordinator to student 
                        ratio and competing responsibilities.
                            (vii) Other documentation of need that the 
                        Secretary determines is relevant.
                    (B) A description of the evidence that will serve 
                as the basis for the activities that the eligible 
                entity proposes to carry out using grant funds under 
                this section.
                    (C) A description of the activities that the 
                eligible entity proposes to carry out using grant funds 
                under this section.
                    (D) A description of how the proposed activities 
                will be adapted, as necessary, to meet the needs of 
                students who face discrimination based on multiple 
                characteristics, including--
                            (i) race;
                            (ii) ethnicity;
                            (iii) national origin;
                            (iv) disability status;
                            (v) religion;
                            (vi) age; or
                            (vii) actual or perceived sex (including 
                        sexual orientation or gender identity).
                    (E) A description of how the proposed activities 
                will help the eligible entity fully implement title IX.
                    (F) A description of a plan for how the proposed 
                activities under this section will continue with local 
                support following completion of the grant period and 
                termination of Federal funding.
                    (G) A description of how the proposed activities 
                are a significant component of a comprehensive plan for 
                gender equity in education and full implementation of 
                title IX.
    (d) Rule of Construction.--Nothing in this section shall be 
construed as prohibiting persons of any sex or gender from 
participating in any of the programs or activities funded under this 
section.
    (e) Award Basis.--
            (1) Merit review.--Grants shall be awarded under this 
        section on a competitive basis.
            (2) Priorities.--
                    (A) In general.--The Secretary shall establish 
                criteria for determining which eligible entities shall 
                have priority in receiving a grant under this section.
                    (B) Level of priority.--The criteria described in 
                subparagraph (A) may include a consideration of the 
                extent to which the application demonstrates that the 
                eligible entity--
                            (i) has demonstrated a high need for gender 
                        equity assistance based on indicators described 
                        in subsection (c)(2)(A) and a high commitment 
                        to addressing these issues;
                            (ii) will address the needs of students who 
                        face discrimination based on multiple 
                        characteristics, including--
                                    (I) race;
                                    (II) ethnicity;
                                    (III) national origin;
                                    (IV) disability status;
                                    (V) religion;
                                    (VI) age; or
                                    (VII) actual or perceived sex 
                                (including sexual orientation or gender 
                                identity);
                            (iii) has not previously received 
                        assistance under this section;
                            (iv) will address relevant issues of 
                        national significance through solutions that 
                        can be replicated;
                            (v) will implement an institutional change 
                        strategy with a long-term impact that will 
                        continue to be a central activity of the 
                        eligible entity upon termination of the grant; 
                        and
                            (vi) will serve a high percentage of low-
                        income students.
                    (C) Special rule.--To the extent practicable, the 
                Secretary shall ensure that grants awarded under this 
                section, for each fiscal year, address--
                            (i) all levels of education, including--
                                    (I) elementary and secondary 
                                education;
                                    (II) undergraduate and graduate 
                                education;
                                    (III) postdoctoral education and 
                                research;
                                    (IV) career and technical 
                                education; and
                                    (V) adult education;
                            (ii) all regions of the United States; and
                            (iii) urban, rural, and suburban 
                        educational entities.
    (f) Evaluation and Dissemination.--
            (1) Evaluation.--
                    (A) In general.--Each eligible entity that receives 
                a grant under this section shall conduct an assessment 
                about the extent to which the eligible entity made 
                progress on the indicators under subsection (c)(2)(A).
                    (B) Assessment.--An eligible entity may work in 
                partnership with the Institute of Education Sciences to 
                conduct such assessment.
                    (C) Use by secretary.--Not later than 1 year after 
                receiving the grant award, the eligible entity shall 
                submit a report to the Secretary containing the results 
                of such assessment. The Secretary shall use those 
                reports in order to build the knowledge base on 
                promising models for preventing and reducing sex 
                discrimination across all areas and levels of 
                education.
            (2) Dissemination.--The Secretary shall coordinate with the 
        Director of the Institute of Education Sciences and other 
        relevant Federal offices and agencies to--
                    (A) ensure that the results of the activities 
                carried out under this section are made readily 
                available on the Office for Gender Equity resource 
                center website; and
                    (B) widely disseminate the results described in 
                subparagraph (A) to relevant Federal offices, agencies, 
                educational entities, and the general public.

SEC. 8. RESEARCH AND DEVELOPMENT.

    (a) In General.--The Secretary shall coordinate with the Director 
of the Institute of Education Sciences and other relevant Federal 
offices and agencies and entities to investigate, identify, and 
disseminate best practices to fully implement title IX and reduce and 
prevent sex discrimination in all areas of education, including--
            (1) the reduction and prevention of sex stereotyping, bias, 
        and discrimination in curricula, textbooks, software, and other 
        educational materials;
            (2) the development of policies and programs to--
                    (A) address and prevent sexual and sex-based 
                harassment and violence; and
                    (B) ensure that campuses are free from threats to 
                the safety of students, teachers, faculty, and 
                personnel;
            (3) the development and evaluation of--
                    (A) counseling and career guidance training; and
                    (B) programs to reduce and prevent sex 
                stereotyping, bias, and discrimination;
            (4) best practices for mitigating implicit bias in 
        teaching, discipline, and all areas of education;
            (5) best practices for addressing the needs of students who 
        face discrimination based on multiple characteristics, 
        including--
                    (A) race;
                    (B) ethnicity;
                    (C) national origin;
                    (D) disability status;
                    (E) religion;
                    (F) age; or
                    (G) actual or perceived sex (including sexual 
                orientation or gender identity); and
            (6) other activities that the Secretary determines are 
        consistent with the purposes of this Act.
    (b) Dissemination.--The best practices described under subsection 
(a) shall be published on the Office for Gender Equity resource center 
website, as described in section 5(b)(5), and the What Works 
Clearinghouse website of the Institute of Education Sciences.

SEC. 9. REPORT; DISSEMINATION.

    (a) Report to Congress.--Not later than 2 years after the date of 
enactment of this Act and every 2 years thereafter, the Secretary shall 
publish a report on the steps the Department of Education has taken 
to--
            (1) support educational entities in fully implementing 
        title IX and reducing and preventing sex discrimination;
            (2) provide coordination, training, and resources for title 
        IX coordinators to fully carry out their roles and 
        responsibilities; and
            (3) promote equity in education for students who face 
        discrimination based on multiple characteristics, including--
                    (A) race;
                    (B) ethnicity;
                    (C) national origin;
                    (D) disability status;
                    (E) religion;
                    (F) age; or
                    (G) actual or perceived sex (including sexual 
                orientation or gender identity).
    (b) Dissemination.--The Secretary shall coordinate with the 
Director of the Institute of Education Sciences and the heads of 
relevant Federal agencies to ensure that the results of trainings, 
activities, evaluations, and research developments under this Act are 
made readily available on the Office for Gender Equity resource center 
website and disseminated widely to other relevant Federal agencies and 
offices, educational entities, and the general public.

SEC. 10. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed--
            (1) as modifying any provision of title IX of the Education 
        Amendments of 1972 (20 U.S.C. 1681 et seq.); or
            (2) as affecting the enforcement of such title by the 
        Department of Education, the Department of Justice, or any 
        other Federal agency.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this Act $80,000,000 for each of fiscal years 2020 through 2025.
    (b) Use.--From amounts made available to carry out this Act for 
each fiscal year, the Secretary shall use not less than $70,000,000 of 
such amounts to award grants under section 7.
                                 <all>