,,ii #aacth ,,congress #ast ,session ,s4 #ajhh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #d1 #bjac ,mr4 ,franken 7for himself1 ,mrs4 ,murray1 ,mrs4 ,gillibrand1 ,mr4 ,casey1 ,mr4 ,leahy1 ,mrs4 ,boxer1 ,mr4 ,begich1 ,ms4 ,stabenow1 ,mr4 ,udall of ,new ,mexico1 ,mr4 ,blumenthal1 ,mr4 ,whitehouse1 ,mr4 ,bennet1 ,mr4 ,sanders1 ,mr4 ,harkin1 ,ms4 ,mikulski1 ,mr4 ,brown1 ,mr4 ,cowan1 ,ms4 ,warren1 ,mrs4 ,hagan1 ,mrs4 ,shaheen1 ,mr4 ,coons1 ,mr4 ,murphy1 ,ms4 ,klobuchar1 ,ms4 ,cantwell1 ,mr4 ,schatz1 ,mr4 ,heinrich1 ,ms4 ,baldwin1 ,mr4 ,durbin1 ,mr4 ,wyden1 ,mr4 ,reed1 ,mr4 ,udall of ,colorado1 ,mr4 ,schumer1 ,mr4 ,cardin1 and ,mr4 ,merkley7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,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 ,congress makes the following findings3 7#a7 ,public school students who are lesbian1 gay1 bisexual1 or transgender 7referred to in this ,act as ,,lgbt71 or are perceived to be ,,lgbt1 or who associate with ,,lgbt people1 have been and are subjected to pervasive discrimination1 including harassment1 bullying1 intimidation1 and violence1 and have been deprived of equal educational opportunities1 in schools in every part of the ,nation4 7#b7 ,while discrimination of any kind is harmful to students and to the education system1 actions that target students based on sexual orientation or gender identity represent a distinct and severe problem that remains inadequately addressed by current ,federal law4 7#c7 ,numerous social science studies demonstrate that discrimination at school has contributed to high rates of absenteeism1 academic underachievement1 dropping out1 and adverse physical and mental health consequences among ,,lgbt youth4 7#d7 ,when left unchecked1 discrimination in schools based on sexual orientation or gender identity can lead1 and has led1 to 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 or fail to take prompt and effective action to stop discrimination on the basis of sexual orientation or gender identity4 7#f7 ,provisions of ,federal statutory law expressly prohibit discrimination on the basis of race1 color1 sex1 religion1 disability1 and national origin4 ,the ,department of ,education and the ,department of ,justice1 as well as numerous courts1 have correctly interpreted the prohibitions on sex discrimination to include discrimination based on sex stereotypes and gender identity1 even when that sex-based discrimination coincides or overlaps with discrimination based on sexual orientation4 ,however1 the absence of express ,federal law prohibitions on discrimination on the basis of sexual orientation and gender identity has created unnecessary uncertainty that risks limiting access to legal remedies under ,federal law for ,,lgbt students and their parents4 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 intimidation1 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 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 make 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 and the ,department of ,justice to effectively combat discrimination based on sexual orientation and gender identity in public schools1 through regulation and enforcement1 as the ,departments have 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 and rule 7a7 ,definitions ,for purposes of this ,act3 7#a7 ,educational agency ,the term educational agency means a local educational agency1 an educational service agency1 or a ,state educational agency1 as those terms are defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 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 or interfere with a student's ability to participate in or benefit from a program or activity of a public school or educational agency1 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 with whom a student associates or has associated4 7#d7 ,program or activity ,the terms program or activity and program have the 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#e7 ,public school ,the term public school means an elementary school 7as the term is defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife7 that is a public institution1 and a secondary school 7as so defined7 that is a public institution4 7#f7 ,sexual orientation ,the term sexual orientation means homosexuality1 heterosexuality1 or bisexuality4 7#g7 ,student ,the term student means an individual within the age limits for which the ,state provides free public education who is enrolled in a public school or who1 regardless of official enrollment status1 attends classes or participates in the programs or activities of a public school or local educational agency4 7b7 ,rule ,consistent with ,federal law1 in this ,act the term includes means includes but is not limited to4 #d4 ,prohibition against discrimination 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 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 includes 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 the person's opposition to conduct made unlawful by this ,act4 7#b7 ,definition ,for purposes of this subsection1 opposition to conduct made unlawful by this ,act includes-- 7,a7 opposition to conduct believed to be made unlawful by this ,act or conduct that could be believed to become unlawful under this ,act if allowed to continue2 7,b7 any formal or informal report1 whether oral or written1 to any governmental entity1 including public schools and educational agencies and employees of the public schools or educational agencies1 regarding conduct made unlawful by this ,act1 conduct believed to be made unlawful by this ,act1 or conduct that could be believed to become unlawful under this ,act if allowed to continue2 7,c7 participation in any investigation1 proceeding1 or hearing related to conduct made unlawful by this ,act1 conduct believed to be made unlawful by this ,act1 or conduct that could be believed to become unlawful under this ,act if allowed to continue2 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 educational agency or other governmental entity regarding conduct made unlawful by this ,act1 or conduct believed to be made unlawful by this ,act1 or conduct that could be believed to become unlawful under this ,act if allowed to continue4 #e4 ,federal administrative enforcement2 report to congressional committees 7a7 ,requirements ,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 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 statute 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 7b7 ,enforcement ,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 found2 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 7c7 ,reports ,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 of ,representatives 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 ,private cause of action 7a7 ,private cause of action ,subject to subsection 7c71 and consistent with the cause of action recognized under title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 and title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 an aggrieved individual may bring an action in a court of competent jurisdiction1 asserting a violation of this ,act4 ,aggrieved individuals may be awarded all appropriate relief1 including equitable relief1 compensatory damages1 and costs of the action4 7b7 ,rule of construction ,this section shall not be construed to preclude an aggrieved individual from obtaining 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 #bh1 ,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 ,state in which the action is brought4 #g4 ,cause of action by the attorney general ,the ,attorney ,general is authorized to institute for or in the name of the ,united ,states a civil action for a violation of this ,act in any appropriate district court of the ,united ,states against such parties and for such relief as may be appropriate1 including equitable relief and compensatory damages4 ,whenever a civil action is instituted for a violation of this ,act1 the ,attorney ,general may intervene in such action upon timely application and shall be entitled to the same relief as if the ,attorney ,general had instituted the action4 ,nothing in this ,act shall adversely affect the right of any person to sue or obtain relief in any court for any activity that violates this ,act1 including regulations promulgated pursuant to this ,act4 #h4 ,state immunity 7a7 ,state immunity ,a ,state shall not be immune under the #aath ,amendment to the ,constitution 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 or otherwise1 to a suit brought by an aggrieved individual for a violation of section #d4 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 #i4 ,attorney's fees ,section #gbb7;b7 of the ,revised ,statutes 7#db ,u4,s4,c4 #aihh7;b77 is amended by inserting the ,student ,non-,discrimination ,act of #bjac1 after ,religious ,land ,use and ,institutionalized ,persons ,act of #bjjj14 #aj4 ,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 retaliation1 under any other ,federal law or law of a ,state or political subdivision of a ,state1 including titles ,,iv and ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;c et seq41 #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 titles ,,iv and ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;c et seq41 #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 and section #aigi of the ,revised ,statutes 7#db ,u4,s4,c4 #aihc74 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 ,first ,amendment and the ,equal ,access ,act 7#bj ,u4,s4,c4 #djga et seq474 #aa4 ,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 impacted4 #ab4 ,effective date ,this ,act shall take effect #fj days after the date of enactment of this ,act and shall not apply to conduct occurring before the effective date of this ,act4