119-hr1557

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1557 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1557

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

 February 25, 2025

 Mr. Casten (for himself, Ms. Lois Frankel of Florida, Mrs. Hayes, and 
 Ms. Titus) introduced the following bill; which was referred to the 
 Committee on Education and 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 or 
 related conditions, a medical condition related to domestic 
 violence, dating violence, sexual assault, 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 years 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 years 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, for the preceding calendar year for 
 which data is available, instances of sex-based harassment 
 carried out by students or staff, including instances of sex-
 based harassment that occur off school property and that 
 involve online conduct. 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'' has the meaning given the 
 term in 

section 40002

    (a) of the Violence Against Women Act of 
 1994 (34 U.S.C. 12291

    (a) ).

    (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'' has the meaning given 
 the term in 

section 40002

    (a) of the Violence Against Women Act 
 of 1994 (34 U.S.C. 12291

    (a) ).

    (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 
 pregnancy, childbirth, termination of pregnancy, lactation, 
 miscarriage, fertility care, contraceptive care, and related 
 medical care and conditions, including recovery from such 
 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'' includes the 
 following:
        (A) Sexual assault, domestic violence, dating 
 violence, or stalking.
        (B) Unwelcome conduct, including indirect or 
 nonverbal conduct, of a sexual nature, including 
 conduct undertaken in whole or in part through the use 
 of electronic messaging services, commercial mobile 
 services, electronic communications, or other 
 technology.
            (C) Other conduct on the basis of sex that is one 
 of the following:
            (i) Conduct that negatively alters a 
 person's ability to participate in or receive 
 any aid, benefit, service, or opportunity from 
 an education program or activity that receives 
 Federal financial assistance, including by 
 creating an intimidating, hostile, or offensive 
 environment.
            (ii) Conduct carried out by an employee, 
 agent, or other person authorized by the 
 recipient to provide any aid, benefit, service, 
 or opportunity under the recipient's education 
 program or activity that involves such 
 employee, agent, or other person explicitly or 
 impliedly conditioning the provision of such an 
 aid, benefit, service, or opportunity on a 
 person's participation in sexual conduct, 
 regardless of whether the person submits to or 
 rejects such conduct.

    (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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