[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7620 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
                                H. R. 7620

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

                             April 28, 2022

Mr. Casten (for himself and Ms. Lois Frankel of Florida) 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 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 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 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, 
        athletics director, etc.).
            (4) A Title IX Coordinator, along with a principal, campus 
        security, bus driver, teacher, counselor or social worker, 
        affirmative action officer, coach, or any other staff member, 
        shall be considered an ``appropriate person'' to whom to 
        disclose sexual discrimination 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 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 policies against sex discrimination, including 
        title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et 
        seq.), 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, sex 
        characteristics (including intersex traits), pregnancy, 
        childbirth, a medical condition related to domestic violence, 
        dating violence, sexual assault, sexual violence, stalking, 
        pregnancy or childbirth, and a sex stereotype), domestic 
        violence, dating violence, sexual assault, sexual violence, 
        stalking, 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 annual 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.--
            (1) In general.--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).
            (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 preventative 
        training and supporting measures when addressing reports about 
        incidents of campus sexual violence.
            (3) Failure to follow alternative plan.--If a recipient has 
        such a waiver approved but does not follow their alternative 
        plan, or the Secretary of Education deems their plan was 
        insufficient to prevent and respond to sexual harassment and 
        assault, 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 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 sexual grooming of students by 
adults at school.

SEC. 4. CLIMATE SURVEYS.

    (a) Sexual Violence Climate 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 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.
            (2) Requirements.--The survey tool developed pursuant to 
        this section--
                    (A) shall be fair and unbiased, be scientifically 
                valid and reliable, meet the highest standards of 
                survey research, and notify the participant that 
                anonymized results of the survey may be published;
                    (B) shall ensure that the survey tool is readily 
                accessible to, and usable by, individuals with 
                disabilities; and
                    (C) shall ensure that the responses to the survey 
                questions--
                            (i) are submitted confidentially;
                            (ii) are not included in crime statistics; 
                        and
                            (iii) in a case in which such responses are 
                        included in a report, do not include personally 
                        identifiable information.
    (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) 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.
    (d) Biennial Report.--Beginning not later than 2 years after the 
date of the enactment of this Act, the Secretary of Education--
            (1) shall prepare a biennial 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 postsecondary educational institutions; and
            (2) shall submit such report to the Congress.
    (e) 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.
    (f) Option To Report Demographic Information.--The survey shall 
give students the option to report their demographic information.
    (g) Topics.--Survey questions included in the survey tool developed 
pursuant to this section--
            (1) shall be designed to gather information on student 
        experiences with domestic violence, dating violence, sexual 
        assault, sexual harassment, and stalking, including the 
        experiences of victims of such incidents;
            (2) shall use trauma-informed language to prevent re-
        traumatization; and
            (3) subject to subsection (e), shall address--
                    (A) whether the instances domestic violence, dating 
                violence, sexual assault, sexual violence, sexual 
                harassment, and stalking 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) 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;
                    (D) students' awareness of school policies and 
                procedures, including--
                            (i) 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
                            (ii) processes for remote learning;
                    (E) 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;
                    (F) what training is being provided to teachers and 
                staff on policies and procedures pertaining to sexual 
                harassment, sexual violence, discrimination, domestic 
                violence, dating violence, sexual grooming, and 
                stalking, including best practices in prevention;
                    (G) whether the perpetrator of sexual harassment, 
                sexual violence, discrimination, domestic violence, 
                dating violence, and stalking was a student, school 
                employee, or volunteer and other contextual factors;
                    (H) whether individuals impacted by sexual 
                harassment, sexual violence, discrimination, domestic 
                violence, dating violence, and stalking reported or did 
                not report such sexual harassment, sexual violence, 
                discrimination, domestic violence, dating violence, and 
                stalking;
                    (I) if such an individual did so report, to whom 
                they reported, and what response the survivor received 
                to include being informed of, or referred to, national, 
                State, local, tribal, or resources;
                    (J) 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;
                    (K) if such an individual did so report, whether 
                they experienced retaliation following the reporting;
                    (L) 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;
                    (M) 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; and
                    (N) 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.
    (h) Additional Topics.--States and local educational agencies may 
add additional questions to the survey as they determine appropriate.
    (i) Federal Administration.--
            (1) In general.--The Secretary of Education, in 
        consultation with the Attorney General, the Director of the 
        Centers for Disease Control and Prevention, and the Secretary 
        of Health and Human Services, shall develop a mechanism by 
        which local educational agencies may, with respect to the 
        survey tool developed pursuant to this section--
                    (A) administer such survey tool; and
                    (B) modify such survey tool to include additional 
                elements or requirements, as determined by the agency, 
                subject to the review and approval of the Secretary of 
                Education.
            (2) Accessibility.--The Secretary of Education shall ensure 
        that the survey tool is administered in such a way as to be 
        readily accessible to and usable by individuals with 
        disabilities.
    (j) Institutional Administration.--Beginning not later than 1 year 
after the date on which the Secretary of Education makes available to 
local educational agencies the mechanism described in subsection 
(i)(1), and every 2 years thereafter, 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) shall administer the survey tool developed pursuant to this 
section.
    (k) 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 and 
secondary schools under the jurisdiction of the agency complete the 
survey tool developed pursuant to this section.
    (l) 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.), title VII of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e 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 1 
year after the date of the enactment of this Act.
                                 <all>