,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hbij ,,in ,,the ,,house ,,of ,,representatives ,september #ag1 #bjbj ,mr4 ,casten of ,illinois 7for himself1 ,ms4 ,frankel1 ,mrs4 ,lawrence1 and ,ms4 ,meng7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to implement title ,,ix of the ,education ,amendments of #aigb with respect to elementary and secondary schools1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,sexual ,harassment in ,k-#ab ,act4 #b4 ,title ,,ix ,coordinator 7a7 ,in general ,for each local educational agency 7as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#h ,u4,s4,c4 #ghja77 that receives ,federal financial assistance 7as such term is defined in section #geja7;a77#e7 of title #ca1 ,united ,states ,code71 the following requirements shall apply as a condition on continued receipt of such assistance3 7#a7 ,the recipient shall designate at least one full-time equivalent employee to serve as a ,title ,,ix ,coordinator per #ge1jjj students in #gth grade or above served by the recipient and one per #aej1jjj students in #fth grade or below4 7#b7 ,the recipient shall ensure students and staff are made aware of these employees1 their role1 and the times at which they are available to meet4 7#c7 ,a ,title ,,ix ,coordinator should not have any other school-related responsibility that may create a conflict of interest1 including serving in the school administrative leadership or local educational agency administrative leadership 7such as serving as a principal1 vice principal1 headmaster1 superintendent1 board member1 general counsel1 athletics director1 etc474 7#d7 ,a ,title ,,ix ,coordinator1 along with a principal1 campus security1 bus driver1 teacher1 counselor or social worker1 affirmative action officer1 or any other staff member1 shall be considered an appropriate person to whom to disclose sexual assaults for purposes of the legal standards that enable private rights of action4 7b7 ,duties ,each ,title ,,ix ,coordinator for a local educational agency shall ensure the local educational agency's compliance under ,federal1 ,state1 and local laws and policies against sex discrimination1 including title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 by doing the following3 7#a7 ,ensuring that every individual affected by the operations of the local educational agency1 including students1 parents1 guardians1 employees1 and applicants for admission or employment1 is aware of their rights under ,federal1 ,state1 and local laws and polices against sex discrimination1 including title ,,ix1 and that the local educational agency and its employees comply with those laws and policies1 including receiving training on the laws and policies4 7#b7 ,ensuring that notices of nondiscrimination1 relevant policies and grievance procedures1 and current contact information of all ,title ,,ix ,coordinators are disseminated broadly and in an age-appropriate manner accessible to all students1 parents1 guardians1 and employees and applicants for admission or employment1 including on school websites and in school handbooks4 7#c7 ,monitoring complaints alleging discrimination based on sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype7 and sexual harassment1 including supportive measures offered to complainants and the outcomes of complaints4 7#d7 ,identifying patterns of sex discrimination from complaints and addressing its impact on the school community4 7#e7 ,coordinating dissemination1 collection1 and analysis of climate surveys1 including the survey described in section #d1 and identifying and proactively addressing sex discrimination in the local educational agency based on the results of climate surveys4 7#f7 ,overseeing age-appropriate sexual harassment prevention education and trainings to school employees and students and ensuring that prevention education and training is inclusive of diverse communities and identities1 informed by research1 and conducted in partnership with local rape crisis centers1 ,state sexual assault coalitions1 or community organizations that work on addressing sex discrimination1 including sexual harassment in schools4 7c7 ,waiver authorized ,a recipient described in subsection 7a7 may request a waiver from the ,secretary of ,education of one or more of the requirements under such subsection 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 7d74 ,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 #aigb 7#bj ,u4,s4,c4 #afha et seq47 and have access to a ,title ,,ix ,coordinator4 ,if a recipient has such a waiver approved but does not follow their alternative plan1 or the ,secretary deems their plan was insufficient to prevent and respond to sexual harassment and assault1 the ,secretary of ,education shall take such action as may be appropriate to withhold ,federal financial assistance4 ,a waiver granted under this subsection shall be valid for #b years4 7d7 ,grants ,to carry out this section1 there are authorized to be appropriated to the ,secretary of ,education #ajj1jjj1jjj for grants to recipients described in subsection 7a7 to offset the financial burden of satisfying the requirements of this section4 ,in making grants under this subsection1 priority shall be given to local educational agencies that otherwise would face a high financial burden in fulfilling such requirements4 7e7 ,definition ,in this section1 the term ,title ,,ix ,coordinator means the employee of a recipient of ,federal financial assistance 7as such term is defined in section #geja7;a77#e7 of title #ca1 ,united ,states ,code7 with major responsibility for coordinating the recipient's efforts to comply with its obligations under title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq474 #c4 ,grants for training on how to respond to signs of sexual harassment and assault of students ,there are authorized to be appropriated to the ,secretary of ,education #ej1jjj1jjj for grants to local educational agencies 7as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#h ,u4,s4,c4 #ghja77 to train elementary and secondary school teachers and other school staff on how to prevent1 recognize1 and respond to signs of sexual harassment and assault among students or between students and adults1 as well as grooming of students by adults at school4 #d4 ,climate surveys 7a7 ,in general ,the ,secretary of ,education1 in consultation with the ,attorney ,general and the ,director of the ,centers for ,disease ,control of the ,department of ,health and ,human ,services1 shall develop an empirically validated sexual violence climate survey to be conducted on an anonymous basis of elementary and secondary school students and staff not later than one year after the date of the enactment of this ,act4 ,the survey shall assess the occurrence on school property during the preceding calendar year for which data is available of instances of domestic violence1 dating violence1 sexual assault1 sexual violence1 sexual harassment1 and stalking4 7b7 ,statistics ,beginning #ah months after the date of the enactment of this ,act1 such officials shall compile statistics based upon their analysis of the results of the survey4 ,such officials shall update1 conduct1 and compile the results of1 the survey every #b years thereafter4 ,the compiled statistics should be disaggregated by local educational agency1 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 student1 in which case1 an alternate basis for disaggregation shall be selected4 7c7 ,developmentally appropriate content ,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 appropriate4 7d7 ,public availability ,the statistics compiled under subsection 7b7 shall be made publicly available on the website of the ,department of ,education and readily accessible to and usable by individuals1 including individuals with disabilities4 7e7 ,topics ,subject to subsection 7c71 the survey shall address-- 7#a7 whether the instances domestic violence1 dating violence1 sexual assault1 sexual violence1 sexual harassment1 and stalking described were experienced in-person or through electronic means2 7#b7 the effectiveness of school sexual violence awareness and prevention programs and policies for the overall student body and different student populations1 such as students of color1 students in the ,,lgbtq communities1 immigrant students1 pregnant and parenting students1 and students with disabilities2 7#c7 the effectiveness of current processes for complaints on and investigations into sex-based1 race-based1 national origin-based1 sexual orientation-based1 gender identity-based1 and disability-based harassment1 assault1 discrimination1 domestic violence1 dating violence1 and stalking2 7#d7 students' awareness of school policies and procedures1 including the location and process for accessing school resources such as the title ,,ix coordinator designated by the school pursuant to title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq472 7#e7 whether individuals impacted by sexual harassment1 sexual violence1 discrimination1 domestic violence1 dating violence1 and stalking have experienced negative effects on their education1 including diminished grades1 dropped classes1 or leaves of absence2 7#f7 what training is being provided to teachers and staff on policies and procedures pertaining to sexual harassment1 sexual violence1 discrimination1 domestic violence1 dating violence1 and stalking1 including best practices in prevention2 7#g7 whether the perpetrator of sexual harassment1 sexual violence1 discrimination1 domestic violence1 dating violence1 and stalking was a student and other contextual factors2 7#h7 whether individuals impacted by sexual harassment1 sexual violence1 discrimination1 domestic violence1 dating violence1 and stalking reported such sexual harassment1 sexual violence1 discrimination1 domestic violence1 dating violence1 and stalking2 7#i7 if such an individual did so report1 to whom they reported1 and what response the survivor received2 7#aj7 if such an individual reported to the school1 did the school conduct an investigation and how long did the investigation take2 7#aa7 school community members'1 such as students1 full-time and part-time staff and faculty1 and administration officials1 attitudes toward sexual violence and harassment1 including individuals' willingness to intervene as a bystander of sex-based1 race-based1 national origin-based1 sexual orientation-based1 gender identity-based1 and disability-based discrimination1 harassment1 assault1 domestic violence1 dating violence1 and stalking2 7#ab7 school community members'1 such as students1 full-time and part-time staff and faculty1 and administration officials1 perception of school safety and confidence in the school's ability to appropriately address sex-based1 race-based1 national origin-based1 sexual orientation-based1 gender identity-based1 and disability-based discrimination1 harassment1 assault1 domestic violence1 dating violence1 and stalking2 7#ac7 any other issues relating to sex-based1 race-based1 national origin-based1 sexual orientation-based1 gender identity-based1 and disability-based discrimination1 harassment1 assault1 domestic violence1 dating violence1 and stalking1 as appropriate2 and 7f7 ,additional topics ,states and local educational agencies may add additional questions to the survey as they determine appropriate4 7g7 ,authorization of appropriations ,there are authorized to be appropriated #aj1jjj1jjj to carry out this section4 #e4 ,rule of ,construction ,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 #f4 ,sense of ,congress ,it is the sense of the ,congress that it is valuable for students to have access to confidential reporting of sexual harassment and abuse1 and schools should attempt to provide that to the extent possible in accordance with ,state and local laws4 #g4 ,effective date ,unless otherwise provided in this ,act1 this ,act shall take effect #abj days after the date of the enactment of this ,act4