,i #aacth ,,congress #ast ,session ,h4 ,r4 #afeb ,,in ,,the ,,house ,,of ,,representatives ,april #ah1 #bjac ,mr4 ,polis 7for himself1 ,mr4 ,schiff1 ,mr4 ,carson of ,indiana1 ,ms4 ,hahn1 ,mr4 ,mc,dermott1 ,mr4 ,moran1 ,mrs4 ,napolitano1 ,ms4 ,pingree of ,maine1 ,mr4 ,holt1 ,ms4 ,kuster1 ,ms4 ,wasserman ,schultz1 ,mr4 ,cicilline1 ,mr4 ,sarbanes1 ,mr4 ,israel1 ,ms4 ,fudge1 ,mr4 ,van ,hollen1 ,ms4 ,esty1 ,mrs4 ,capps1 ,mr4 ,blumenauer1 ,mr4 ,brady of ,pennsylvania1 ,mr4 ,himes1 ,mr4 ,sires1 ,mrs4 ,davis of ,california1 ,mr4 ,capuano1 ,mr4 ,braley of ,iowa1 ,ms4 ,slaughter1 ,mr4 ,swalwell of ,california1 ,ms4 ,chu1 ,mr4 ,waxman1 ,mr4 ,pocan1 ,mrs4 ,carolyn ,b4 ,maloney of ,new ,york1 ,mr4 ,price of ,north ,carolina1 ,mr4 ,clay1 ,mr4 ,langevin1 ,mr4 ,engel1 ,mr4 ,higgins1 ,mr4 ,hastings of ,florida1 ,mr4 ,lowenthal1 ,ms4 ,norton1 ,mr4 ,george ,miller of ,california1 ,mr4 ,farr1 ,mr4 ,tonko1 ,mr4 ,connolly1 ,mr4 ,conyers1 ,ms4 ,roybal-,allard1 ,mr4 ,lynch1 ,mr4 ,hinojosa1 ,ms4 ,tsongas1 ,mr4 ,sean ,patrick ,maloney of ,new ,york1 ,mr4 ,serrano1 ,ms4 ,mc,collum1 ,mr4 ,deutch1 ,ms4 ,de,lauro1 ,ms4 ,linda ,t4 ,snchez of ,california1 ,mr4 ,pascrell1 ,ms4 ,lofgren1 ,mr4 ,quigley1 ,ms4 ,lee of ,california1 ,mr4 ,schneider1 ,ms4 ,matsui1 ,mr4 ,mc,govern1 ,mr4 ,keating1 ,mr4 ,ellison1 ,mr4 ,cummings1 ,mr4 ,michaud1 ,mr4 ,markey1 ,ms4 ,bonamici1 ,mr4 ,welch1 ,ms4 ,schwartz1 ,mr4 ,cartwright1 ,mr4 ,sherman1 ,mr4 ,loebsack1 ,ms4 ,de,gette1 ,mr4 ,smith of ,washington1 ,mr4 ,doggett1 ,ms4 ,schakowsky1 ,mr4 ,lewis1 ,mrs4 ,mc,carthy of ,new ,york1 ,mr4 ,grijalva1 ,mr4 ,kildee1 ,mr4 ,watt1 ,ms4 ,wilson of ,florida1 ,ms4 ,del,bene1 ,ms4 ,castor of ,florida1 ,mr4 ,larsen of ,washington1 ,mr4 ,rangel1 ,ms4 ,edwards1 ,mr4 ,andrews1 ,mr4 ,ben ,ray ,lujn of ,new ,mexico1 ,ms4 ,kaptur1 ,mrs4 ,negrete ,mc,leod1 ,ms4 ,jackson ,lee1 ,mr4 ,meeks1 ,mr4 ,levin1 ,mr4 ,al ,green of ,texas1 ,mr4 ,rush1 ,mr4 ,pallone1 ,mr4 ,takano1 ,ms4 ,speier1 ,ms4 ,moore1 ,mr4 ,payne1 ,mr4 ,walz1 ,mr4 ,kind1 ,ms4 ,frankel of ,florida1 ,ms4 ,sinema1 ,ms4 ,titus1 ,mr4 ,crowley1 ,ms4 ,michelle ,lujan ,grisham of ,new ,mexico1 ,mr4 ,huffman1 ,mr4 ,peters of ,california1 ,mr4 ,garcia1 ,ms4 ,waters1 ,mr4 ,nadler1 ,ms4 ,eddie ,bernice ,johnson of ,texas1 ,mr4 ,gutierrez1 ,mr4 ,bishop of ,new ,york1 ,ms4 ,ros-,lehtinen1 ,mr4 ,vargas1 ,ms4 ,pelosi1 ,mr4 ,peters of ,michigan1 and ,mr4 ,cohen7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce ,a ,,bill ,to end discrimination based on actual or perceived sexual orientation or gender identity in public schools1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,student ,non-,discrimination ,act of #bjac4 #b4 ,findings and purposes 7a7 ,findings ,the ,congress finds the following3 7#a7 ,public school students who are lesbian1 gay1 bisexual or transgender 7,,lgbt71 or are perceived to be ,,lgbt1 or who associate with ,,lgbt people1 have been and are subjected to pervasive discrimination1 including harassment1 bullying1 intimidation and violence1 and have been deprived of equal educational opportunities1 in schools in every part of our ,nation4 7#b7 ,while discrimination1 including harassment1 bullying1 intimidation and violence1 of any kind is harmful to students and to our education system1 actions that target students based on sexual orientation or gender identity represent a distinct and especially severe problem4 7#c7 ,numerous social science studies demonstrate that discrimination1 including harassment1 bullying1 intimidation and violence1 at school has contributed to high rates of absenteeism1 dropout1 adverse health consequences1 and academic underachievement among ,,lgbt youth4 7#d7 ,when left unchecked1 discrimination1 including harassment1 bullying1 intimidation and violence1 in schools based on sexual orientation or gender identity can lead1 and has led to1 life-threatening violence and to suicide4 7#e7 ,public school students enjoy a variety of constitutional rights1 including rights to equal protection1 privacy1 and free expression1 which are infringed when school officials engage in discriminatory treatment or are indifferent to discrimination1 including harassment1 bullying1 intimidation and violence1 on the basis of sexual orientation or gender identity4 7#f7 ,while ,federal statutory protections expressly address discrimination on the basis of race1 color1 sex1 religion1 disability1 and national origin1 ,federal civil rights statutes do not expressly include sexual orientation or gender identity4 ,as a result1 students and parents have often had limited legal recourse to redress for discrimination on the basis of sexual orientation or gender identity4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to ensure that all students have access to public education in a safe environment free from discrimination1 including harassment1 bullying1 intimidation and violence1 on the basis of sexual orientation or gender identity2 7#b7 to provide a comprehensive ,federal prohibition of discrimination in public schools based on actual or perceived sexual orientation or gender identity2 7#c7 to provide meaningful and effective remedies for discrimination in public schools based on actual or perceived sexual orientation or gender identity2 7#d7 to invoke congressional powers1 including but not limited to the power to enforce the #adth ,amendment to the ,constitution and to provide for the general welfare pursuant to section #h of article ,i of the ,constitution and the power to enact all laws necessary and proper for the execution of the foregoing powers pursuant to section #h of article ,i of the ,constitution1 in order to prohibit discrimination in public schools on the basis of sexual orientation or gender identity2 and 7#e7 to allow the ,department of ,education to effectively combat discrimination based on sexual orientation or gender identity in public schools through regulation and enforcement1 as the ,department has issued regulations under and enforced title ,,ix of the ,education ,amendments of #aigb and other nondiscrimination laws in a manner that effectively addresses discrimination4 #c4 ,definitions ,for purposes of this ,act3 7#a7 ,program or activity ,the terms program or activity and program have same meanings given such terms as applied under section #fjf of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#d;a7 to the operations of public entities under paragraph 7#b77;,b7 of such section4 7#b7 ,gender ,identity ,the term gender identity means the gender-related identity1 appearance1 or mannerisms or other gender-related characteristics of an individual1 with or without regard to the individual's designated sex at birth4 7#c7 ,harassment ,the term harassment means conduct that is sufficiently severe1 persistent1 or pervasive to limit a student's ability to participate in or benefit from a public school education program or activity1 or to create a hostile or abusive educational environment at a public school1 including acts of verbal1 nonverbal1 or physical aggression1 intimidation1 or hostility1 if such conduct is based on-- 7,a7 a student's actual or perceived sexual orientation or gender identity2 or 7,b7 the actual or perceived sexual orientation or gender identity of a person or persons with whom a student associates or has associated4 7#d7 ,public ,schools ,the term public schools means public elementary and secondary schools1 including local educational agencies1 educational service agencies1 and ,state educational agencies1 as defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife4 7#e7 ,sexual ,orientation ,the term sexual orientation means homosexuality1 heterosexuality1 or bisexuality4 7#f7 ,student ,the term student means an individual who is enrolled in a public school or who1 regardless of official enrollment status1 attends classes or participates in a public school's programs or educational activities4 #d4 ,prohibition against discrimination2 exceptions 7a7 ,in general ,no student shall1 on the basis of actual or perceived sexual orientation or gender identity of such individual or of a person with whom the student associates or has associated1 be excluded from participation in1 or be denied the benefits of1 or be subjected to discrimination under any program or activity receiving ,federal financial assistance4 7b7 ,harassment ,for purposes of this ,act1 discrimination includes1 but is not limited to1 harassment of a student on the basis of actual or perceived sexual orientation or gender identity of such student or of a person with whom the student associates or has associated4 7c7 ,retaliation prohibited 7#a7 ,prohibition ,no person shall be excluded from participation in1 be denied the benefits of1 or be subjected to discrimination1 retaliation1 or reprisal under any program or activity receiving ,federal financial assistance based on his or her opposition to conduct made unlawful by this ,act4 7#b7 ,definition ,for purposes of this subsection1 opposition to conduct made unlawful by this ,act includes1 but is not limited to-- 7,a7 opposition to conduct reasonably believed to be made unlawful by this ,act1 7,b7 any formal or informal report1 whether oral or written1 to any governmental entity1 including public schools and employees thereof1 regarding conduct made unlawful by this ,act or reasonably believed to be made unlawful by this ,act1 7,c7 participation in any investigation1 proceeding1 or hearing related to conduct made unlawful by this ,act or reasonably believed to be made unlawful by this ,act1 and 7,d7 assistance or encouragement provided to any other person in the exercise or enjoyment of any right granted or protected by this ,act1 if in the course of that expression1 the person involved does not purposefully provide information known to be false to any public school or other governmental entity regarding a violation1 or alleged violation1 of this ,act4 #e4 ,federal administrative enforcement2 report to congressional committees ,each ,federal department and agency which is empowered to extend ,federal financial assistance to any education program or activity1 by way of grant1 loan1 or contract other than a contract of insurance or guaranty1 is authorized and directed to effectuate the provisions of section #d of this ,act with respect to such program or activity by issuing rules1 regulations1 or orders of general applicability which shall be consistent with achievement of the objectives of the ,act authorizing the financial assistance in connection with which the action is taken4 ,no such rule1 regulation1 or order shall become effective unless and until approved by the ,president4 ,compliance with any requirement adopted pursuant to this section may be effected-- 7#a7 by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record1 after opportunity for hearing1 of a failure to comply with such requirement1 but such termination or refusal shall be limited to the particular political entity1 or part thereof1 or other recipient as to whom such a finding has been made1 and shall be limited in its effect to the particular program1 or part thereof1 in which such noncompliance has been so found1 or 7#b7 by any other means authorized by law1 except that no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means4 ,in the case of any action terminating1 or refusing to grant or continue1 assistance because of failure to comply with a requirement imposed pursuant to this section1 the head of the ,federal department or agency shall file with the committees of the ,house and ,senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action4 ,no such action shall become effective until #cj days have elapsed after the filing of such report4 #f4 ,cause of action 7a7 ,cause of action ,subject to subsection 7c7 of this section1 an aggrieved individual may assert a violation of this ,act in a judicial proceeding4 ,aggrieved persons may be awarded all appropriate relief1 including but not limited to equitable relief1 compensatory damages1 cost of the action1 and remedial action4 7b7 ,rule of construction ,this section shall not be construed to preclude an aggrieved individual from obtaining other remedies under any other provision of law or to require such individual to exhaust any administrative complaint process or notice-of-claim requirement before seeking redress under this section4 7c7 ,statute of limitations ,for actions brought pursuant to this section1 the statute of limitations period shall be determined in accordance with section #afeh7;a7 of title #bh of the ,united ,states ,code4 ,the tolling of any such limitations period shall be determined in accordance with the law governing actions under section #aigi of the ,revised ,statutes 7#db ,u4,s4,c4 #aihc7 in the forum ,state4 #g4 ,state immunity 7a7 ,state immunity ,a ,state shall not be immune under the #aath ,amendment to the ,constitution of the ,united ,states from suit in ,federal court for a violation of this ,act4 7b7 ,waiver ,a ,state's receipt or use of ,federal financial assistance for any program or activity of a ,state shall constitute a waiver of sovereign immunity1 under the #aath ,amendment to the ,constitution or otherwise1 to a suit brought by an aggrieved individual for a violation of section #d of this ,act4 7c7 ,remedies ,in a suit against a ,state for a violation of this ,act1 remedies 7including remedies both at law and in equity7 are available for such a violation to the same extent as such remedies are available for such a violation in the suit against any public or private entity other than a ,state4 #h4 ,attorney's fees ,section #gbb7;b7 of the ,revised ,statutes 7#db ,u4,s4,c4 #aihh7;b77 is amended by inserting the ,student ,nondiscrimination ,act of #bjac1 after ,religious ,land ,use and ,institutionalized ,persons ,act of #bjjj14 #i4 ,effect on other laws 7a7 ,federal and ,state nondiscrimination laws ,nothing in this ,act shall be construed to preempt1 invalidate1 or limit rights1 remedies1 procedures1 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 ,state1 including title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq471 title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid71 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 or section #aigi of the ,revised ,statutes 7#db ,u4,s4,c4 #aihc74 ,the obligations imposed by this ,act are in addition to those imposed by title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq471 and the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7b7 ,free speech and expression laws and religious student groups ,nothing in this ,act shall be construed to alter legal standards regarding1 or affect the rights available to individuals or groups under1 other ,federal laws that establish protections for freedom of speech and expression1 such as legal standards and rights available to religious and other student groups under the #ast ,amendment to the ,constitution and the ,equal ,access ,act 7#bj ,u4,s4,c4 #djga et seq474 #aj4 ,severability ,if any provision of this ,act1 or any application of such provision to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act1 and the application of the provision to any other person or circumstance shall not be affected4 #aa4 ,effective date ,this ,act shall take effect #fj days after the date of the enactment of this ,act and shall not apply to conduct occurring before the effective date of this ,act4