[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6135 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 6135

To implement title IX of the Education Amendments of 1972 with respect 
      to elementary and secondary schools, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 1, 2023

 Mr. Casten (for himself, Ms. Lois Frankel of Florida, Ms. Norton, Mr. 
  Lynch, Mrs. Ramirez, and Ms. Titus) introduced the following bill; 
   which was referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To implement title IX of the Education Amendments of 1972 with respect 
      to elementary and secondary schools, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Sexual Harassment in K-12 
Act''.

SEC. 2. TITLE IX COORDINATOR.

    (a) In General.--For each local educational agency that receives 
Federal financial assistance, the following requirements shall apply:
            (1) The recipient shall increase the number of full-time 
        employees designated to serve as a Title IX Coordinator by at 
        least one per--
                    (A) 75,000 students in 7th grade or above served by 
                the recipient; and
                    (B) 150,000 students in 6th grade or below served 
                by the recipient.
            (2) The recipient shall ensure that students, parents and 
        guardians of students, and staff are made aware of these 
        employees, their role, and the times at which they are 
        available to meet.
            (3) A Title IX Coordinator shall not have any other school-
        related responsibilities that may create a conflict of 
        interest, including serving in the school administrative 
        leadership or local educational agency administrative 
        leadership (such as serving as a principal, vice principal, 
        headmaster, superintendent, board member, general counsel, or 
        athletics director).
            (4) A Title IX Coordinator, along with a principal, campus 
        security, bus driver, teacher, counselor or social worker, 
        equity officer, coach, or any other staff member, shall be 
        considered an appropriate person to whom to disclose 
        discrimination on the basis of sex for purposes of the legal 
        standards under title IX of the Education Amendments of 1972 
        (20 U.S.C. 1681 et seq.).
    (b) Duties.--Each Title IX Coordinator for a local educational 
agency shall ensure the local educational agency's compliance under 
Federal policies against discrimination on the basis of sex, including 
title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), 
by doing the following:
            (1) Providing information and outreach so that every 
        individual receives sufficient and accessible information 
        designed to make them aware of their rights under Federal, 
        State, and local laws and policies against discrimination on 
        the basis of sex, including title IX of the Education 
        Amendments of 1972 (20 U.S.C. 1681 et seq.) and the regulations 
        promulgated to carry out such title, and that the local 
        educational agency and its employees comply with those laws and 
        policies, including receiving training on the laws and 
        policies.
            (2) Ensuring that notices of nondiscrimination, relevant 
        policies and grievance procedures, and current contact 
        information of all Title IX Coordinators are disseminated 
        broadly and in an age-appropriate manner accessible to all 
        students, parents, guardians, and employees and applicants for 
        admission or employment, including prominently on school 
        websites and in school handbooks.
            (3) Monitoring complaints alleging discrimination based on 
        sex (including sexual orientation, gender identity, sex 
        characteristics (including intersex traits), pregnancy, 
        childbirth, a medical condition related to domestic violence, 
        dating violence, sexual assault, sexual violence, stalking, 
        pregnancy or related conditions, and a sex stereotype), 
        domestic violence, dating violence, sexual assault, sexual 
        violence, stalking, and sex-based harassment, including 
        supportive measures offered to complainants, reasonable 
        accommodations for complainants and respondents with 
        disabilities, and the outcomes of complaints.
            (4) Identifying patterns of discrimination on the basis of 
        sex from complaints and addressing its impact on the school 
        community.
            (5) Monitoring the education program or activity for 
        barriers to reporting information about conduct that may 
        constitute discrimination on the basis of sex and taking steps 
        reasonably calculated to address such barriers.
            (6) Coordinating dissemination, collection, and analysis of 
        climate surveys, including the survey described in section 4, 
        and identifying and proactively addressing discrimination on 
        the basis of sex in the local educational agency based on the 
        results of climate surveys.
            (7) Overseeing age-appropriate, accessible, and trauma-
        informed annual sex-based harassment prevention education and 
        training for students, employees, volunteers, contractors, and 
        other government employees who work in or with the local 
        educational agency.
            (8) Ensuring that prevention education and training is 
        inclusive of diverse communities and identities, informed by 
        research, and conducted in partnership with local rape crisis 
        centers, State sexual assault coalitions or domestic violence 
        coalitions, or community organizations that work on addressing 
        discrimination on the basis of sex, including sex-based 
        harassment in schools.
    (c) Waiver Authorized.--
            (1) In general.--A local educational agency that receives 
        Federal financial assistance may request a waiver from the 
        Secretary of one or more of the requirements under thus section 
        on the basis that the requirement poses an insurmountable 
        financial burden to the recipient and the recipient has been 
        unable to secure sufficient grants under subsection (d).
            (2) Alternative plan.--The waiver process shall include 
        requiring the recipient to submit an alternative plan for 
        ensuring students are aware of their rights under title IX of 
        the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and 
        have access to a Title IX Coordinator. At the very minimum 
        within their alternative plan, the recipient shall establish a 
        partnership, through a memorandum of understanding, with a 
        local rape crisis center or a national or community-based 
        organization that specializes in trauma or crisis management 
        and support. The memorandum of understanding shall establish a 
        clear delineation of the roles and responsibilities of the 
        partners, which shall also include providing prevention 
        training and supporting measures when addressing reports about 
        incidents of sex-based harassment.
            (3) Failure to follow alternative plan.--If the Secretary 
        determines (based on a submitted complaint or otherwise) that a 
        recipient has such a waiver approved but has not followed their 
        alternative plan, or if the Secretary determines that their 
        plan was insufficient to prevent and respond to sex-based 
        harassment and assault, the Secretary shall attempt a voluntary 
        resolution. If a voluntary resolution is not possible during a 
        reasonable period of time, the Secretary shall take such action 
        as may be appropriate to withhold Federal financial assistance. 
        A waiver granted under this subsection shall be valid for 2 
        years.
    (d) Grants.--To carry out this section, there are authorized to be 
appropriated such sums as may be necessary for each of the first five 
fiscal year that begin after the effective date in subsection (e) for 
grants to local educational agencies to offset the financial burden of 
satisfying the requirements of this section. In making grants under 
this subsection, the Secretary shall give priority to local educational 
agencies that otherwise would face a high financial burden in 
fulfilling such requirements.
    (e) Effective Date.--This section shall take effect 1 year after 
the date of the enactment of this Act.

SEC. 3. GRANTS FOR TRAINING ON HOW TO RESPOND TO SIGNS OF SEX-BASED 
              HARASSMENT AND ASSAULT OF STUDENTS.

    (a) In General.--The Secretary is authorized to make grants to 
local educational agencies to train elementary school and secondary 
school teachers and other school staff on how to prevent, recognize, 
and respond to signs of sex-based harassment and assault among students 
or between students and adults.
    (b) Applications.--
            (1) In general.--Any local educational agency desiring to 
        receive a grant under this section for any fiscal year shall 
        submit an application to the Secretary at such time and in such 
        manner as the Secretary may require. Each such application 
        shall--
                    (A) include a plan to provide the training 
                described in subsection (a); and
                    (B) demonstrate how the grant funds will be used to 
                meet the needs for such training.
            (2) Deadline.--The Secretary shall award grants under this 
        section not later than 6 months after the deadline for grant 
        application submission established under paragraph (1).
    (c) Equitable Distribution.--To the extent practicable, in awarding 
grants under this section, the Secretary shall--
            (1) ensure an equitable geographic distribution of grants 
        under this section, including the distribution of such grants 
        between rural and urban areas; and
            (2) give priority to local educational agencies that have 
        jurisdiction over an underserved area or areas.
    (d) Priorities.--In allocating funds to local educational agencies 
under this section, the Secretary shall consider the quality of the 
applications submitted, but the Secretary shall give priority to local 
educational agencies whose applications include any of the following:
            (1) A demonstration that the applicant does not receive 
        other Federal, State, or local funds to carry out the 
        activities described in this section.
            (2) Statements of support from students or student groups.
    (e) Supplement, Not Supplant.--Grant funds provided under this 
section shall be used to supplement, not supplant, other Federal or 
State funds available to carry out the activities described in this 
section.
    (f) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated to the Secretary of Education 
$50,000,000 for each of the first five fiscal year that begin after the 
date of the enactment of this Act.

SEC. 4. SEX-BASED HARASSMENT SURVEYS.

    (a) Sex-Based Harassment Survey.--
            (1) In general.--The Secretary of Education, in 
        consultation with the Attorney General and the Director of the 
        Centers for Disease Control of the Department of Health and 
        Human Services, shall develop an empirically validated sex-
        based harassment survey to be conducted on an anonymous basis 
        of elementary school and secondary school students and staff. 
        The survey shall assess the occurrence on school property, 
        during the preceding calendar year for which data is available, 
        of instances of sex-based harassment. The Secretary shall 
        ensure that the survey questions vary between staff and 
        students and for different age groups in order to ensure that 
        the questions are developmentally appropriate.
            (2) Development of administration mechanism.--The Secretary 
        of Education, in consultation with the Attorney General and the 
        Director of the Centers for Disease Control of the Department 
        of Health and Human Services, shall develop a mechanism by 
        which local educational agencies may, with respect to the 
        survey developed pursuant to this section--
                    (A) administer such survey; and
                    (B) modify such survey to include additional 
                elements or requirements, as determined by the agency.
            (3) Local administration.--
                    (A) In general.--Beginning not later than 2 years 
                after the date on which the Secretary of Education 
                makes available to local educational agencies the 
                mechanism described in paragraph (2), and every year 
                thereafter, each local educational agency that receives 
                Federal financial assistance shall administer the 
                survey developed pursuant to this section to elementary 
                school and secondary school students and staff.
                    (B) Accessibility.--Local educational agencies 
                shall ensure that the survey is administered in such a 
                way as to be readily accessible to, and usable by, 
                individuals with disabilities.
    (b) Requirements.--The survey developed pursuant to this section--
            (1) shall be fair and unbiased, be reliable, be trauma-
        informed, meet the highest standards of survey research, and 
        notify the participant using age-appropriate language that 
        anonymized results of the survey may be published; and
            (2) shall ensure that the responses to the survey 
        questions--
                    (A) are collected by individuals who are not in 
                daily or close contact with the students; and
                    (B) in a case in which such responses are included 
                in a report, do not include personally identifiable 
                information.
    (c) Statistics.--Beginning 6 months after the results of the first 
survey developed pursuant to this section are available, the Secretary 
of Education, in consultation with the Attorney General and the 
Director of the Centers for Disease Control of the Department of Health 
and Human Services, shall compile statistics based upon their analysis 
of the results of such survey. Such officials shall update, conduct, 
and compile the results of, the survey every 2 years thereafter. The 
compiled statistics should be disaggregated by local educational 
agency, except that such disaggregation shall not be required in the 
case of a local educational agency of a size such that the results 
would reveal personally identifiable information about an individual 
student, in which case, an alternate basis for disaggregation shall be 
selected.
    (d) Public Availability.--The statistics compiled under subsection 
(c) shall be made publicly available on the website of the Department 
of Education and readily accessible to and usable by individuals, 
including individuals with disabilities.
    (e) Options.--The survey shall give--
            (1) students the option to report their demographic 
        information; and
            (2) parents and guardians of students the option to opt 
        their student out of the survey.
    (f) Topics.--Survey questions included in the survey tool developed 
pursuant to this section--
            (1) shall be designed to gather information on student 
        experiences with sex-based harassment;
            (2) shall use trauma-informed language to prevent re-
        traumatization; and
            (3) subject to subsection (a), shall address--
                    (A) whether the instances of sex-based harassment 
                described were experienced in-person or through 
                electronic means;
                    (B) the effectiveness of school sexual violence 
                awareness and prevention programs and policies for the 
                overall student body and different student populations, 
                such as students of color, students in the LGBTQ 
                communities, immigrant students, pregnant and parenting 
                students, and students with disabilities;
                    (C) students' awareness of school policies and 
                procedures, including the location and process for 
                accessing school resources, such as a Title IX 
                Coordinator designated by the school pursuant to title 
                IX of the Education Amendments of 1972 (20 U.S.C. 1681 
                et seq.) and the regulations promulgated to carry out 
                such title;
                    (D) whether individuals impacted by sex-based 
                harassment have experienced negative effects on their 
                education, including diminished grades, dropped 
                classes, or leaves of absence;
                    (E) whether the alleged discrimination on the basis 
                of sex or sex-based harassment was allegedly committed 
                by a student, school employee, or volunteer and other 
                contextual factors;
                    (F) whether individuals impacted by sex-based 
                harassment reported or did not report the incident to 
                the school;
                    (G) if such an individual did so report to the 
                school, to whom they reported, and what response the 
                survivor received to include being informed of, or 
                referred to, national, State, local, tribal, or 
                resources;
                    (H) if such an individual reported to the school--
                            (i) did the school conduct an 
                        investigation;
                            (ii) if an investigation was conducted, how 
                        long did the investigation take; and
                            (iii) if an investigation was conducted, 
                        what was the final resolution of the 
                        investigation;
                    (I) if such an individual did so report, whether 
                they experienced retaliation following the reporting;
                    (J) attitudes toward sexual violence and 
                harassment, including individuals' willingness to 
                intervene as a bystander of sex-based, race-based, 
                national-origin-based, sexual-orientation-based, 
                gender-identity-based, and disability-based 
                discrimination, harassment, assault, domestic violence, 
                dating violence, and stalking;
                    (K) perception of school safety and confidence in 
                the school's ability to appropriately address sex-
                based, race-based, national-origin-based, sexual-
                orientation-based, gender-identity-based, and 
                disability-based discrimination, harassment, assault, 
                domestic violence, dating violence, and stalking; and
                    (L) any other issues relating to sex-based, race-
                based, national-origin-based, sexual-orientation-based, 
                gender-identity-based, and disability-based 
                discrimination, harassment, assault, domestic violence, 
                dating violence, and stalking, as appropriate.
    (g) Completed Surveys.--The Secretary of Education shall require 
each local educational agency that administers the survey tool 
developed pursuant to this section to ensure, to the maximum extent 
practicable, that an adequate, random, and representative sample size 
of students (as determined by the Secretary) enrolled at elementary 
schools and secondary schools under the jurisdiction of the agency 
complete the survey tool developed pursuant to this section.
    (h) Reports.--Beginning not later than 5 years after the date of 
the enactment of this Act, the Secretary of Education--
            (1) shall prepare an annual report on the information 
        gained from the standardized elements of the survey under this 
        section and publish such report in an accessible format on the 
        website of the Department of Education, including as part of 
        any online consumer tool offered or supported by the Department 
        of Education that provides information to students regarding 
        specific educational institutions; and
            (2) shall submit such report to the Congress.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 to carry out this section for each of the 
first five fiscal years that begin after the date of the enactment of 
this Act.

SEC. 5. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to preempt, invalidate, or 
limit rights, remedies, procedures, or legal standards available to 
victims of discrimination or retaliation under any other Federal law or 
law of a State or political subdivision of a State, including titles VI 
and VII of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), 
title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), 
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or 
section 1979 of the Revised Statutes (42 U.S.C. 1983). The obligations 
imposed by this Act are in addition to those imposed by those Acts.

SEC. 6. SENSE OF CONGRESS.

    It is the sense of the Congress that it is valuable for students to 
have access to confidential reporting of sex-based harassment and 
abuse, and schools should attempt to provide that to the extent 
possible in accordance with State and local laws.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) The term ``dating violence'' means violence committed 
        by a person who is or has been in a social relationship of a 
        romantic or intimate nature with the victim.
            (2) The term ``discrimination on the basis of sex'' 
        includes discrimination on the basis of sex stereotypes, sex 
        characteristics, pregnancy or related conditions, sexual 
        orientation, and gender identity.
            (3) The term ``domestic violence'' means felony or 
        misdemeanor crimes of violence committed by a person who--
                    (A) is a current or former spouse or intimate 
                partner of the victim under the family or domestic 
                violence laws of the jurisdiction of the recipient, or 
                a person similarly situated to a spouse of the victim;
                    (B) is cohabitating, or has cohabitated, with the 
                victim as a spouse or intimate partner;
                    (C) shares a child in common with the victim; or
                    (D) commits acts against a youth or adult victim 
                who is protected from those acts under the family or 
                domestic violence laws of the jurisdiction.
            (4) The term ``elementary school'' means--
                    (A) an elementary school as defined by section 8101 
                of the Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 7801); and
                    (B) a public or private preschool.
            (5) The term ``Federal financial assistance'' means any of 
        the following, when authorized or extended under a law 
        administered by the Secretary:
                    (A) A grant or loan of Federal financial 
                assistance, including funds made available for--
                            (i) the acquisition, construction, 
                        renovation, restoration, or repair of a 
                        building or facility or any portion thereof; 
                        and
                            (ii) scholarships, loans, grants, wages or 
                        other funds extended to any entity for payment 
                        to or on behalf of students admitted to that 
                        entity, or extended directly to such students 
                        for payment to that entity.
                    (B) A grant of Federal real or personal property or 
                any interest therein, including surplus property, and 
                the proceeds of the sale or transfer of such property, 
                if the Federal share of the fair market value of the 
                property is not, upon such sale or transfer, properly 
                accounted for to the Federal Government.
                    (C) Provision of the services of Federal personnel.
                    (D) Sale or lease of Federal property or any 
                interest therein at nominal consideration, or at 
                consideration reduced for the purpose of assisting the 
                recipient or in recognition of public interest to be 
                served thereby, or permission to use Federal property 
                or any interest therein without consideration.
                    (E) Any other contract, agreement, or arrangement 
                which has as one of its purposes the provision of 
                assistance to any education program or activity, except 
                a contract of insurance or guaranty.
            (6) The term ``institution of vocational education'' means 
        a school or institution (except an institution of professional 
        or graduate or undergraduate higher education) which has as its 
        primary purpose preparation of students to pursue a technical, 
        skilled, or semiskilled occupation or trade, or to pursue study 
        in a technical field, whether or not the school or institution 
        offers certificates, diplomas, or degrees and whether or not it 
        offers full-time study.
            (7) The term ``local educational agency'' has the meaning 
        given such term in section 8101 of the Elementary and Secondary 
        Education Act of 1965 (8 U.S.C. 7801).
            (8) The term ``pregnancy or related conditions'' includes--
                    (A) pregnancy, childbirth, termination of 
                pregnancy, or lactation;
                    (B) medical conditions related to pregnancy, 
                childbirth, termination of pregnancy, or lactation, 
                including preeclampsia, mastitis, pregnancy-related 
                nausea or vomiting, fatigue, dehydration, and 
                postpartum depression; and
                    (C) recovery from pregnancy, childbirth, 
                termination of pregnancy, lactation, or their related 
                medical conditions.
            (9) The term ``recipient'' means any State or political 
        subdivision thereof, or any instrumentality of a State or 
        political subdivision thereof, any public or private agency, 
        institution, or organization, or other entity, or any person, 
        to whom Federal financial assistance is extended directly or 
        through another recipient and which operates an education 
        program or activity which receives such assistance, including 
        any subunit, successor, assignee, or transferee thereof.
            (10) The term ``secondary school'' means--
                    (A) a secondary school as defined by section 8101 
                of the Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 7801); and
                    (B) an institution of vocational education that 
                serves secondary school students.
            (11) The term ``Secretary'' means the Secretary of 
        Education.
            (12) The term ``sex-based harassment'' means--
                    (A) sexual harassment;
                    (B) harassment on the basis of sex stereotypes, sex 
                characteristics, pregnancy or related conditions, 
                sexual orientation, or gender identity; and
                    (C) other conduct on the basis of sex that is one 
                of the following:
                            (i) Quid pro quo harassment where an 
                        employee, agent, or other person authorized by 
                        the recipient to provide an aid, benefit, or 
                        service under the recipient's education program 
                        or activity explicitly or impliedly 
                        conditioning the provision of such an aid, 
                        benefit, or service on a person's participation 
                        in unwelcome sexual conduct.
                            (ii) Hostile environment harassment 
                        consisting of unwelcome sex-based conduct that 
                        is sufficiently severe or pervasive, that, 
                        based on the totality of the circumstances and 
                        evaluated subjectively and objectively, denies 
                        or limits a person's ability to participate in 
                        or benefit from the recipient's education 
                        program or activity.
                            (iii) Sexual assault.
                            (iv) Dating violence.
                            (v) Domestic violence.
                            (vi) Stalking.
            (13) The term ``sexual assault'' means an offense 
        classified as a forcible or nonforcible sex offense under the 
        uniform crime reporting system of the Federal Bureau of 
        Investigation.
            (14) The term ``stalking'' means engaging in a course of 
        conduct directed at a specific person that would cause a 
        reasonable person to--
                    (A) fear for the person's safety or the safety of 
                others; or
                    (B) suffer substantial emotional distress.
            (15) The term ``Title IX Coordinator'' means--
                    (A) the employee of a recipient designated or 
                authorized to coordinate the recipient's efforts to 
                comply with its responsibilities under title IX of the 
                Education Amendments of 1972 (20 U.S.C. 1681 et seq.) 
                and the regulations promulgated to carry out such 
                title; or
                    (B) one or more designees selected to carry out 
                some of the recipient's responsibilities for compliance 
                with title IX of the Education Amendments of 1972 (20 
                U.S.C. 1681 et seq.), and the regulations promulgated 
                to carry out such title, under the condition that one 
                Title IX Coordinator must retain ultimate oversight 
                over those responsibilities.
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