118 S3580 IS: Protecting Students on Campus Act of 2024 U.S. Senate 2024-01-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS2d SessionS. 3580IN THE SENATE OF THE UNITED STATESJanuary 11, 2024Mr. Cassidy (for himself and Mr. Fetterman) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo require institutions of higher education participating in Federal student aid programs to share information about title VI of the Civil Rights Act of 1964, including a link to the webpage of the Office for Civil Rights where an individual can submit a complaint regarding discrimination in violation of such title, and for other purposes.

1.

Short title

This Act may be cited as the Protecting Students on Campus Act of 2024.

2.

Title VI awareness campaign

(a)

Title VI awareness campaign

(1)

In general

The Secretary of Education, acting through the Assistant Secretary for Civil Rights of the Department of Education, shall carry out a public awareness campaign regarding the availability of rights provided to individuals under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (2)

Awareness campaign

The public awareness campaign shall include appealing visual and auditory elements and shall be updated annually and distributed to institutions of higher education for physical posting in 1 or more high traffic public places, such as student centers, and digital posting on 1 or more high traffic institution web pages, such as student services. The campaign shall utilize such methods and materials as necessary to maximize student accessibility.(3)

Ability to contract

The Secretary may carry out this subsection directly or through a contract with a nonprofit organization that specializes in public awareness communications.(b)

HEA Amendments

Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: (30)The institution—(A)has prominently displayed on the homepage of the institution a link to the webpage of the Office for Civil Rights of the Department of Education where an individual can submit a complaint regarding discrimination on the basis of race, color, or national origin in violation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); and(B)will annually display and post the public awareness campaign materials created and distributed under section 2(a) of the Protecting Students on Campus Act of 2024 in high traffic public places on campus, such as student centers, and high traffic institution web pages, such as student services..

3.

Congressional briefings

(a)

In General

Beginning not later than 30 days after the date of enactment of this Act and ending 1 year after the date of enactment of this Act, the Assistant Secretary for Civil Rights of the Department of Education shall give a monthly briefing to Congress—(1)explaining the number of complaints that the Office for Civil Rights of the Department of Education (referred to in this Act as the Office) has received in the previous month regarding discrimination on the basis of race, color, or national origin in violation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), disaggregated by the basis of discrimination; (2)describing how the Office plans to address those complaints and the investigations opened in response to those complaints; and(3)providing data about the length of time that those complaints remain open after being received by the Office. (b)

Report

Not later than 48 hours prior to each briefing described in subsection (a), the Assistant Secretary for Civil Rights of the Department of Education shall provide a written report to Congress that contains the information that will be presented at the next briefing, in a manner that protects personally identifiable information in accordance with applicable privacy laws.

4.

Audit and study

(a)

Requirement To submit data

Each institution of higher education receiving Federal funds shall submit an annual report to the Inspector General of the Department of Education that includes—(1)the number of complaints regarding discrimination on the basis of race, color, or national origin in violation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) that were submitted to the institution in the previous year; (2)an analysis of the number of such complaints and their substance; and(3)a narrative of the action the institution took with respect to such complaints.(b)

Audit

The Inspector General of the Department of Education shall complete an annual audit of the institutions of higher education that are in the top 5 percent of institutions based on the per capita number of complaints described in subsection (a) received by the institutions, controlling for student population, to examine the process for addressing such complaints and the need for any referrals to the Office for Civil Rights of the Department of Education. (c)

Study

The Inspector General of the Department of Education shall conduct a study—(1)regarding why there is a disparity between the complaints regarding discrimination on the basis of race, color, or national origin in violation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) that are submitted to institutions of higher education and such complaints that are submitted to the Office; and(2)quantifying the distinction described in paragraph (1).

5.

OCR process reforms

The Office for Civil Rights of the Department of Education shall not close or dismiss any complaint due to resolution by another Federal, State, or local civil rights enforcement agency or through a recipient’s internal grievance procedures.