,,ii #aagth ,,congress #b;d ,session ,s4 #eaeh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #a1 #bjbb,mr4 ,casey 7for himself1 ,ms4 ,hirono1 ,mr4 ,booker1 ,mr4 ,whitehouse1 and ,ms4 ,baldwin7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to strengthen civil rights protections against harassment based on sex1 race1 color1 national origin1 disability1 or age4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,students' ,access to ,freedom and ,educational ,rights ,act of #bjbb4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings4,,title ,i--,prohibition on ,harassment,sec4 #aja4 ,amendments to title ,,ix of the ,education ,amendments of #aigb4,sec4 #ajb4 ,amendments to the ,rehabilitation ,act of #aigc4,sec4 #ajc4 ,amendments to title ,,vi of the ,civil ,rights ,act of #aifd4,sec4 #ajd4 ,amendments to the ,age ,discrimination ,act of #aige4,,title ,,ii--,transparency1 training1 and support for students,sec4 #bja4 ,department of ,education enforcement4,sec4 #bjb4 ,disclosure of religious exemptions from title ,,ix of the ,education ,amendments of #aigb4,sec4 #bjc4 ,climate surveys for k-#ab schools4,sec4 #bjd4 ,civil ,rights ,data ,collection4,sec4 #bje4 ,support for students4,sec4 #bjf4 ,title ,,ix coordinators and training requirements4 #b4 ,findings ,congress finds the following3 7#a7 ,during a decade of civil rights reforms1 ,congress passed title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 7referred to in this section as 8title ,,vi071 which prohibits discrimination based on race1 color1 or national origin in federally funded programs and activities2 title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq47 7referred to in this section as 8title ,,ix071 which prohibits sex discrimination in federally funded education programs and activities2 section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid7 7referred to in this section as 8section #ejd071 which prohibits discrimination based on disability in federally funded programs and activities2 and the ,age ,discrimination ,act of #aige 7#db ,u4,s4,c4 #faja et seq471 which prohibits discrimination based on age in federally funded programs and activities4 ,half a century after their passage1 still more needs to be done to ensure that students enjoy protections consistent with the spirit1 intent1 and promise of these groundbreaking civil rights laws4 7#b7 ,schools are still failing to take necessary steps to prevent harassment on the basis of sex1 race1 national origin1 color1 and disability and provide survivors of sexual assault and other forms of harassment--especially women and girls1 students of color1 ,,lgbtqi students1 and students with disabilities--the support and services they need to feel safe and learn in school1 denying them equal educational opportunities4 7#c7 ,as the ,supreme ,court has held in ,franklin v4 ,gwinnett ,county ,public ,schools1 #ejc ,u4,s4 #fj 7#aiib71 and ,davis v4 ,monroe ,county ,board of ,education1 #ebf ,u4,s4 #fbi 7#aiii71 covered entities are responsible for preventing and addressing harassment on the basis of sex in their education programs and activities under title ,,ix4 ,following this principle1 courts have similarly required funding recipients to address harassment based on race1 color1 national origin1 and disability in their education programs and activities4 7#d7 ,perpetrators of harassment based on sex1 race1 color1 national origin1 or disability at school are not limited to students1 nor are the victims of such harassment4 ,incidents have also involved faculty1 administrators1 coaches1 volunteers1 other staff members1 and visitors4 7#e7 ,sexual harassment of students1 especially of women and girls1 students of color1 students with disabilities1 and ,,lgbtqi students1 is widely prevalent in ,k-#ab and higher education4 ,for example-- 7,a7 #a in #e girls ages #ad through #ah have been kissed or touched without their consent1 #eh percent of ,,lgbtqi youth ages #ac through #ba have been sexually harassed1 and disabled children are #b4i times more likely than their peers to be sexually assaulted2 7,b7 women and girls of color are more likely to experience sexual harassment in school than their ,white peers2 and 7,c7 in college-- 7i7 more than #a in #d women1 more than #a in #ae men1 and nearly #a in #d transgender1 nonbinary1 and gender-nonconforming students are sexually assaulted during their time as undergraduates2 7ii7 #a in #g women1 #a in #aj men1 and #a in #e transgender1 nonbinary1 and gender-nonconforming students experience dating violence or domestic violence as undergraduates2 and 7iii7 #a in #aj women1 #a in #cc men1 and #a in #g transgender1 nonbinary1 and gender-nonconforming students experience stalking as undergraduates4 7#f7 ,students also experience forms of sex-based harassment beyond sexual harassment1 such as harassment based on sexual orientation1 gender identity1 sex characteristics 7including intersex status71 pregnancy1 childbirth1 medical conditions related to pregnancy or childbirth1 and sex stereotypes4 7,a7 ,for example1 according to one study1 #hf4c percent of ,,lgbtqi students experienced harassment or assault based on personal characteristics1 #gg4f percent reported avoiding school functions1 and #ga4h percent reported avoiding extracurricular activities because they felt unsafe or uncomfortable4 7,b7 ,according to another study1 #fd percent of girls who were pregnant or parenting reported not feeling safe at school as a barrier to attending school compared to #cb percent of girls overall4 7#g7 ,like sex-based harassment1 harassment based on race1 color1 national origin1 and disability remains a problem at educational institutions4 7,a7 ,between #bjaa and #bjaf1 the ,national ,center for ,education ,statistics documented a #dj-percent increase in college campus hate incidents4 ,according to the ,bureau of ,justice ,statistics1 racial bias is the most common motivation behind these hate incidents4 7,b7 ,the ,centers for ,disease ,control and ,prevention has agreed that racism has a profound and negative impact on the mental and physical health of people of color4 ,as such1 racist incidents can take a serious toll on students' overall health and well-being1 even affecting their academic performance4 ,a #bjba ,,ucla study found that young adults who experience discrimination are at higher risk for both short and long-term behavioral and mental health problems that are exacerbated with each incident4 7,c7 ,according to the ,department of ,justice1 the rate of violence victimization against persons with disabilities is nearly #d times the rate for nondisabled persons4 ,nearly #a_/c of children and adolescents with disabilities have experienced violence4 ,corporal punishment is almost twice as high in schools with a higher proportion of students with disabilities receiving special education services as in other schools4 ,girls with disabilities are also at higher risk of sexual violence perpetrated by their peers than nondisabled girls4 7#h7 ,the ,government ,accountability ,office estimated that about #a in #d students aged #ab-ah saw hate words or symbols written at schools in #bjad-bjae1 #bjaf-bjag1 and #bjah-bjai4 7#i7 ,students also often experience intersectional forms of harassment that1 for example1 may include sexual harassment that is racialized or harassment based on having a disability and being transgender1 among other types of intersectional harassment4 7#aj7 ,few students report harassment to their schools1 often because of shame or self-blame1 fear of retaliation1 fear of being ignored or disciplined1 fear of police or immigration officials1 or lack of knowledge of services schools can offer to help4 ,in particular1 women and girls of color1 women and girls with disabilities1 pregnant and parenting students1 and ,,lgbtqi students are too often disbelieved and met with unsupportive responses1 including retaliation1 after reporting sexual harassment because of stereotypes that label them as less credible4 ,men and boys1 too1 are often disbelieved or dismissed when they report sexual harassment4 7#aa7 ,failure of a school to comply with title ,,ix1 title ,,vi1 and section #ejd may limit or deny the ability of students1 employees1 and others to participate in or benefit from the school's education programs or activities leading to discrimination by creating a hostile learning environment that impedes educational attainment1 damages rights to equal educational opportunities1 and undermines learning for all4 7#ab7 ,when schools fail to protect student victims of harassment1 including by failing to offer supportive measures that are designed to preserve and restore the educational opportunities of the victim1 students often suffer in the form of emotional distress1 mental health consequences1 lower academic achievement1 lost scholarships and financial aid1 poor school attendance1 and decreased school completion rates4 ,moreover1 many schools may respond negatively to harassment by creating additional trauma and harm for the student victim 7often by1 for example1 blaming the student for their victimization or by refusing to help them71 which is also known as institutional betrayal4 ,harm may also be caused by the ,title ,,ix coordinators having a conflict of interest1 such as serving within school leadership or local educational agency leadership 7including serving as a principal1 vice principal1 headmaster1 superintendent1 board member1 general counsel1 athletics director1 coach1 or dean of students1 or on a judicial hearing board or in a position to whom an appeal might be made74 7#ac7 ,the language of title ,,ix is broad and sweeping1 making clear that the intent of ,congress is to provide avenues of redress for opening the courthouse doors to victims of a wide range of sex discrimination in schools4 ,however1 since the passage of title ,,ix1 courts have created barriers that make it extraordinarily difficult for survivors to obtain redress from schools through private litigation4 7#ad7 ,in a #e to #d opinion in ,gebser v4 ,lago ,vista ,independent ,school ,district1 #ebd ,u4,s4 #bgd 7#aiih71 the ,supreme ,court held that students subjected to sex-based harassment by their teachers may receive a damages remedy in private litigation under title ,,ix only when school officials with authority to institute correct measures on the recipient's behalf have actual notice of the harassment and are deliberately indifferent1 or respond in a clearly unreasonable manner1 to it4 ,a year later1 in ,davis v4 ,monroe ,county ,board of ,education1 #ebf ,u4,s4 #fbi 7#aiii71 the ,supreme ,court held that in order to receive money damages under title ,,ix1 students who experience sex-based harassment by their peers1 must additionally show that the harassment is so severe1 pervasive1 and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school4 ,courts have applied the same standards in requiring funding recipients to address harassment based on race1 color1 national origin1 or disability4 7#ae7 ,in contrast1 in the workplace1 under title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 7referred to in this section as 8title ,,vii071 a plaintiff experiencing harassment based on sex1 race1 color1 national origin1 or religion by a coworker or other non-supervisor need only show their employer reacted negligently in response to severe or pervasive harassment of which the employer knew or should have known4 ,and sometimes--such as when a supervisor fires someone because they refuse to submit to sexual advances--title ,,vii automatically holds an employer liable4 7#af7 ,although they do not affect the relevant standards for individuals to obtain injunctive and equitable relief for harassment on the basis of race1 color1 sex1 national origin1 age1 or disability under covered programs and activities1 the ,supreme ,court's decisions in ,gebser v4 ,lago ,vista ,independent ,school ,district and ,davis v4 ,monroe ,county ,board of ,education and lower court opinions severely limit the availability of remedies for such individuals by imposing more stringent standards for recovery of damages4 ,yet in many cases1 damages are the only remedy that would effectively rectify past harassment4 ,further1 in #bjbb1 in ,cummings v4 ,premier ,rehab ,keller ,,pllc1 #adb ,s4 ,ct4 #aefb 7#bjbb71 the ,supreme ,court limited the ability of plaintiffs bringing disability discrimination claims under the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh7 and section #ejd to recover emotional distress damages1 which are often the sole or primary remedy for survivors of harassment4 ,the dissenting ,justices in ,cummings warned that this ruling upset ,congressional intent and longstanding precedent under these and other statues1 suggesting the possibility that its logic might be extended in the future to other laws such as title ,,ix and title ,,vi4 ,some lower courts have added additional onerous barriers1 such as one under which a school is liable for its failure to address known sexual harassment only if the victim later experiences further sexual harassment as a result of this failure4 7#ag7 ,these limitations thwart the purpose of ,congress to protect students from harassment and ensure non-discriminatory educational environments4 ,they create prohibitively high standards for the lawsuits of students regarding harassment based on sex1 race1 color1 national origin1 and disability under title ,,ix1 title ,,vi1 and section #ejd that are more onerous than those applicable to workplace harassment lawsuits under title ,,vii4 ,as a result1 schools may do less to address harassment against their students than to address the same harassment of their employees4 ,this means that students1 who are often children and young adults1 must suffer worse harassment than adult employees before they are entitled to a remedy in court4 7#ah7 ,gebser v4 ,lago ,vista ,independent ,school ,district1 ,davis v4 ,monroe ,county ,board of ,education1 and subsequent opinions create an incentive for covered entities to insulate themselves from knowledge of harassment rather than adopting and enforcing practices that will minimize the danger of such harassment4 ,these opinions thus undermine the purpose of prohibitions on discrimination in the civil rights laws1 which is to induce covered programs or activities to adopt and enforce practices that will minimize the danger that vulnerable students or other persons will be exposed to such odious behavior4 7#ai7 ,current title ,,ix regulations issued by the ,department of ,education in #bjbj entitled ,nondiscrimination on the ,basis of ,sex in ,education ,programs or ,activities ,receiving ,federal ,financial ,assistance 7part #ajf of title #cd1 ,code of ,federal ,regulations71 have made it more difficult for student survivors to report harassment to schools and receive help1 including by1 for example1 only allowing schools to respond to title ,,ix complaints of sexual harassment that is so severe1 pervasive1 and objectively offensive that it effectively denies a person equal access to a school program or activity--meaning students will have to endure repeated and escalating levels of harassment before their complaint can even be investigated4 ,these regulations also pose uniquely burdensome procedures for cases of sexual harassment that are not required for any other type of student or staff misconduct1 further sweeping sexual violence under the rug4 7#bj7 ,department of ,education guidance explains the requirement under title ,,vi and section #ejd for institutions to respond to harassment based on disability1 race1 color1 or national origin that is sufficiently serious to deny or limit the ability of a student to participate in or benefit from the education programs and activities of the recipient4 7#ba7 ,schools with affirming and welcoming environments that provide support and protection against all forms of harassment and discrimination ensure that students have better social1 behavioral1 academic1 and mental health outcomes4 7#bb7 ,legislative action is necessary and appropriate to restore the access to the courts that was sharply limited by ,gebser v4 ,lago ,vista ,independent ,school ,district1 ,davis v4 ,monroe ,county ,board of ,education1 ,cummings v4 ,premier ,rehab1 and other court opinions1 restore the availability of a full range of remedies for harassment based on sex1 race1 color1 national origin1 disability1 or age1 and prevent discriminatory harassment in schools4 ,any action needs to take into full account the intersectionality of incidents of harassment in educational programs or activities4 ,sex-based violence and harassment often harms those populations already most vulnerable at education institutions4 7#bc7 ,in landmark rulings in ,price ,waterhouse v4 ,hopkins #dij ,u4,s4 #bbh 7#aihi7 and ,bostock v4 ,clayton ,county1 ,ga4 7#bjbj71 the ,supreme ,court correctly interpreted title ,,vii to hold that discrimination on the basis of sex stereotypes1 sexual orientation1 or gender identity necessarily constitute discrimination because of sex4 ,to date1 ,federal courts of appeal have held uniformly that these holdings apply equally to title ,,ix4 ,legislative action is necessary and appropriate to codify these established interpretations of title ,,ix law and ensure support and protection for ,,lgbtqi students against severe and widespread discriminatory harassment4 7#bd7 ,discrimination by ,state and local governments on the basis of sex1 race1 color1 national origin1 age1 or disability in education programs and activities receiving ,federal financial assistance violates the ,equal ,protection ,clause of the #adth ,amendment to the ,constitution of the ,united ,states4 ,in many circumstances1 such discrimination also violates other constitutional rights such as those of liberty and privacy under the ,due ,process ,clause of the #adth ,amendment4 ,congress may validly invoke its powers under the #adth ,amendment to provide a full range of remedies in response to discrimination by both private and government actors4 7#be7 ,in enacting the protections of the amendments made by this ,act1 ,congress is acting pursuant to its authority under section #e of the #adth ,amendment to the ,constitution of the ,united ,states1 the ,commerce ,clause of section #h of article ,i of the ,constitution of the ,united ,states1 and the ,spending ,clause of section #h of article ,i of the ,constitution of the ,united ,states4 7#bf7 ,members of ,congress have long been advocating for substantive reforms that support student survivors and ensure gender equity in schools1 including the ,,halt on ,campus ,sexual ,violence ,act1 the ,supporting ,survivors of ,sexual ,harassment in ,schools ,act of #bjbj1 the ,patsy ,t4 ,mink and ,louise ,m4 ,slaughter ,gender ,equity in ,education ,act1 the ,stop ,sexual ,harassment in ,k-#ab ,act1 and the ,exposing ,discrimination in ,higher ,education ,act4 ,provisions from these groundbreaking pieces of legislation serve as the foundation on which any larger comprehensive reform must be built4 7#bg7 ,restoring the availability of a full range of remedies for harassment will-- 7,a7 ensure that students and other persons participating or attempting to participate in federally funded programs and activities have protection from harassment on the basis of sex 7including sexual orientation1 gender identity1 sex characteristics1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and sex stereotypes71 race1 color1 national origin1 disability1 or age2 7,b7 encourage covered entities to adopt and enforce meaningful policies and procedures to prevent and remedy harassment2 7,c7 deter incidents of harassment2 and 7,d7 provide appropriate remedies for harassment4 7#bh7 ,schools do not harass students on the basis of race1 gender1 or sex when they teach or incorporate anti-racism principles1 diversity1 equity and inclusion practices1 culturally relevant curriculum and culturally responsive teaching1 critical race theory1 or otherwise focus the experiences of students of color1 women and girls1 and ,,lgbtqi students4 ,indeed1 such teaching and training1 when implemented appropriately1 may often further the purposes of the mandate of title ,,vi to prohibit discrimination based on race1 color1 and national origin and the mandate of title ,,ix to prohibit discrimination based on sex1 while also ensuring that schools are advancing equity4 ,i ,prohibition on ,harassment #aja4 ,amendments to title ,,ix of the ,education ,amendments of #aigb ,title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq47 is amended-- 7#a7 in section #ija1 by adding at end the following3 7d7 ,liability for sex-,based harassment 7#a7 ,harassment by agents1 employees1 and other persons authorized by the recipient to provide aid1 benefit1 or service ,subject to subsection 7e71 a recipient shall be liable if its agent1 employee1 or other person authorized by the recipient to provide aid1 benefit1 or service under the recipient's program or activity1 engages in sex-based harassment against a person who participates in or receives any benefit1 service1 or opportunity from such program or activity1 or who attempts to receive such benefit1 service1 or opportunity1 regardless of where the harassment occurs1 if-- 7,a7 the harassment is enabled or assisted by the authority exercised as an agent1 employee1 or other authorized person of the recipient2 or 7,b7 the recipient receives notice of the harassment4 7#b7 ,harassment by non-agents1 non-employees1 and other non-authorized persons ,subject to subsection 7e71 a recipient is liable for sex-based harassment if a person who is not its agent1 employee1 or other authorized person1 engages in sex-based harassment against a person who is participating in or receiving any benefit1 service1 or opportunity from such program or activity1 or who is attempting to do so1 regardless of where the harassment occurs1 if the recipient receives notice of the harassment4 7e7 ,affirmative defense 7#a7 ,in general ,a recipient is not liable in a private action for damages under subsection 7d7 for sex-based harassment1 if the recipient demonstrates that it exercised reasonable care to prevent sex-based harassment and to promptly remedy the effects of the sex-based harassment at issue1 including through a demonstration by the recipient that it-- 7,a7 established1 adequately publicized1 and enforced an effective and comprehensive sex-based harassment prevention policy1 training1 and complaint procedure that is likely to provide redress and to avoid harm without exposing the person subjected to such harassment to undue risk1 effort1 or expense2 7,b7 if requested by an aggrieved person subjected to sex-based harassment 7or the parent or guardian of such person1 if such person is a minor71 or otherwise necessary to protect such person or other persons in such program or activity from a significant ongoing threat of harm1 undertook a prompt1 thorough1 and impartial investigation of such harassment2 7,c7 provided supportive measures that have the purpose and effect of preserving and restoring a person subjected to sex-based harassment's equal access to the recipient's education program or activity1 regardless of whether such person requests an investigation2 and 7,d7 took other necessary1 immediate1 and appropriate corrective action designed to stop such harassment and remedy its effects4 7#b7 ,not establishing reasonable care ,a showing that the harassment did not recur after the recipient received notice of the harassment does not establish reasonable care absent the demonstration required by subparagraphs 7,a7 through 7,d7 of paragraph 7#a74 7f7 ,notice ,a recipient receives notice of sex-based harassment if an agent1 employee1 or other authorized person of the recipient1 or in the exercise of reasonable care should have known1 about the harassment and-- 7#a7 has the authority to take action to redress the harassment2 7#b7 has the responsibility to report to an administrator harassment or similar misconduct by others2 or 7#c7 receives a report of such harassment from an individual who could reasonably believe that the agent1 employee1 or other authorized person is as described in paragraph 7#a7 or 7#b74 2 7#b7 in section #ijc-- 7,a7 in the #ast sentence by inserting 7a7 before ,any2 and 7,b7 by adding at the end of the following3 7b7 ,any person aggrieved by the failure of a recipient to comply with section #ija1 or a rule issued under this title1 may bring a civil action in any court of competent jurisdiction4 7c7 ,in a civil action brought for a violation of section #ija by or on behalf of a person aggrieved by a violation of section #ija1 such person may recover equitable and legal relief 7such as compensatory damages1 including for emotional distress1 and punitive damages71 and attorney's fees 7including expert fees74 2 and 7#c7 by inserting after section #ijh the following3 #ijh;,a4 ,definitions ,for purposes of this title-- 7#a7 the term gender identity-- 7,a7 means a person's internal sense of gender1 which could be female1 male1 or another gender2 7,b7 includes a person's gender expression1 which is how they present their gender identity outwardly1 including through appearance1 mannerisms1 dress1 or other gender-related characteristics2 and 7,c7 may or may not match their designated sex at birth2 7#b7 the term on the basis of sex includes1 inter alia1 on the basis of1 perceived or actual-- 7,a7 sex stereotypes2 7,b7 pregnancy or related conditions1 including-- 7i7 childbirth1 termination of pregnancy1 or lactation2 7ii7 medical conditions related to pregnancy1 childbirth1 termination of pregnancy1 or lactation2 or 7iii7 recovery from pregnancy1 childbirth1 termination of pregnancy1 lactation1 or their related medical conditions2 7,c7 sexual orientation2 7,d7 gender identity2 or 7,e7 sex characteristics1 including inter-sex traits2 7#c7 the term recipient means an entity described in any of paragraphs 7#a7 through 7#d7 of section #ijh and includes any entity that exercises controlling authority over such recipient2 7#d7 the term sex-based harassment-- 7,a7 means conduct on the basis of sex1 including conduct of a sexual nature1 that unreasonably alters a person's ability to participate in or receive any benefit1 service1 or opportunity from an education program or activity that receives ,federal financial assistance1 including by creating an intimidating1 hostile1 or offensive environment2 and 7,b7 includes an employee1 agent1 or other person authorized by the recipient to provide an aid1 benefit1 or service under the recipient's education program or activity1 explicitly or impliedly conditioning the provision of such an aid1 benefit1 or service on a person's participation in sexual conduct2 and 7#e7 the term sexual orientation includes homosexuality1 heterosexuality1 bisexuality1 pansexuality1 and asexuality4 4 #ajb4 ,amendments to the ,rehabilitation ,act of #aigc 7a7 ,nondiscrimination under federal grants and programs ,section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid7 is amended by adding at the end the following3 7e7 ,prohibition of harassment on the basis of disability 7#a7 ,liability for disability-based harassment ,subject to paragraph 7#b71 in an action pursuant to section #eje7;a77#b71 a recipient receiving ,federal financial assistance under any program or activity or any program or activity conducted by any ,executive agency or by the ,united ,states ,postal ,service shall be liable for harassment on the basis of disability as follows3 7,a7 ,harassment by agents1 employees1 and other persons authorized by the recipient to provide aid1 benefits1 or services under the recipient's programs or activities ,a recipient is liable if its agent1 employee1 or other person authorized by the recipient to provide aid1 benefit1 or service under the recipient's program or activity1 engages in harassment on the basis of disability against a person who participates in or receives any benefit1 service1 or opportunity from such program or activity1 or who attempts to receive such benefit1 service1 or activity1 regardless of where the harassment occurs1 if-- 7i7 the harassment is enabled or assisted by the authority exercised as an agent1 employee1 or other authorized person of the recipient2 or 7ii7 the recipient receives notice of the harassment4 7,b7 ,harassment by non-agents1 non-employees1 and other non-authorized persons ,a recipient is liable for harassment on the basis of disability if a person who is not its agent1 employee1 or other authorized person1 engages in harassment on the basis of disability against a person who is participating in or receiving any benefit1 service1 or opportunity under such program or activity1 or who is attempting to do so1 regardless of where the harassment occurs1 if the recipient receives notice of the harassment4 7#b7 ,affirmative defense 7,a7 ,in general ,a recipient is not liable in a private action for damages under paragraph 7#a7 for harassment on the basis of disability1 if the recipient demonstrates that it exercised reasonable care to prevent harassment on the basis of disability1 and promptly remedy the effects of the harassment at issue1 including through a demonstration by the recipient that it-- 7i7 established1 adequately publicized1 and enforced an effective and comprehensive harassment prevention policy1 training1 and complaint procedure that is likely to provide redress and avoid harm without exposing the person subjected to the harassment to undue risk1 effort1 or expense2 7ii7 if requested by such person1 third party1 or otherwise necessary to protect that person or other persons within the program or activity from a significant ongoing threat1 undertook a prompt1 thorough1 and impartial investigation of the harassment at issue2 7iii7 provided supportive measures that had the purpose and effect of preserving and restoring the aggrieved person's equal access to the benefits or opportunities of the program or activity1 regardless of whether the aggrieved person requested an investigation2 and 7iv7 took other necessary1 immediate1 and appropriate corrective action designed to stop the harassment and remedy its effects4 7,b7 ,not establishing reasonable care ,a showing that the harassment did not recur after the recipient received notice of the harassment does not establish reasonable care absent the demonstration required by clauses 7i7 through 7iv7 of subparagraph 7,a74 7#c7 ,notice ,a recipient receives notice of harassment on the basis of disability when any of the following individuals knew or1 in the exercise of reasonable care1 should have known about the harassment3 7,a7 ,an agent1 employee1 or other authorized person of the recipient who has the authority to take action to redress the harassment4 7,b7 ,an agent1 employee1 or other authorized person of the recipient who has the responsibility to report to an administrator harassment or similar misconduct by others4 7,c7 ,an agent1 employee1 or other authorized person of the recipient to whom an individual has made a report of harassment based on the reasonable belief that the agent1 employee1 or other authorized person is an individual described in subparagraph 7,a7 or 7,b74 7#d7 ,definitions ,in this subsection3 7,a7 ,harassment on the basis of disability ,the term harassment on the basis of disability means a form of discrimination on the basis of disability that alters a person's ability to participate in or receive any benefit1 service1 or opportunity under a program or activity receiving ,federal financial assistance or any program or activity conducted by any ,executive agency or by the ,united ,states ,postal ,service1 including by creating an intimidating1 hostile1 or offensive environment4 7,b7 ,recipient ,the term recipient means an entity described in any of paragraphs 7#a7 through 7#d7 of subsection 7b71 any entity that exercises controlling authority over such an entity1 and any ,executive agency or the ,united ,states ,postal ,service4 4 7b7 ,remedies and right of action ,section #eje of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid;a7 is amended-- 7#a7 in subsection 7a77#b71 by inserting at the end the following3 ,any person aggrieved by the failure of a recipient to comply with section #ejd1 including any regulation promulgated pursuant to such section1 may bring a civil action in any court of competent jurisdiction42 and 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,attorney and expert fees and right of recovery 7#a7 ,in general ,in any action or proceeding to enforce or charge a violation of a provision of this title1 including any regulation promulgated pursuant to this title1 the court1 in its discretion1 may allow the prevailing party1 other than the ,united ,states1 a reasonable attorney's fee and expert fees as part of the costs4 7#b7 ,right of ,recovery ,in an action brought against a recipient by 7including on behalf of7 an aggrieved person1 the aggrieved person may recover equitable and legal relief 7such as compensatory damages1 including for emotional distress1 and punitive damages71 and attorney's fees 7including expert fees74 4 #ajc4 ,amendments to title ,,vi of the ,civil ,rights ,act of #aifd ,section #fjb of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#a7 is amended-- 7#a7 by striking ,each ,federal department inserting the following subsection3 7a7 ,in general ,each ,federal department 2 and 7#b7 by adding at the end the following new subsection3 7b7 ,prohibition of ,harassment as ,discrimination 7#a7 ,liability for harassment based on race1 color1 or national origin ,in an action pursuant to subsection 7c7 of this section1 a recipient shall be liable for harassment on the basis of race1 color1 or national origin as follows3 7,a7 ,harassment by agents1 employees1 and other persons authorized by the recipient to provide aid1 benefits1 or services under the recipient's programs or activities ,subject to subparagraph 7,c71 a recipient is liable if its agent1 employee1 or other person authorized by the recipient to provide aid1 benefit1 or service under the recipient's program or activity1 engages in harassment on the basis of race1 color1 or national origin against a person who participates in or receives any benefit1 service1 or opportunity from such program or activity1 or who attempts to receive such benefit1 service1 or opportunity1 regardless of where the harassment occurs1 if-- 7i7 the harassment is enabled or assisted by the authority exercised as an employee1 agent1 or other authorized person of the recipient2 or 7ii7 the recipient receives notice of the harassment4 7,b7 ,harassment by non-agents1 non-employees1 and other non-authorized persons ,subject to subparagraph 7,c71 a recipient is liable for harassment on the basis of race1 color1 or national origin if a person who is not its agent1 employee1 or other authorized person1 engages in harassment on the basis of race1 color1 or national origin against a person who is participating in or receiving any benefit1 service1 or opportunity from a program or activity receiving ,federal financial assistance1 or who is attempting to do so1 regardless of where the harassment occurs1 if the recipient receives notice of the harassment4 7,c7 ,affirmative defense 7i7 ,in general ,a recipient is not liable in a private action for damages under subparagraph 7,a7 or 7,b7 for harassment on the basis of race1 color1 or national origin1 if the recipient demonstrates that it exercised reasonable care to prevent harassment on the basis of race1 color1 or national origin1 and promptly remedied the effects of the harassment at issue1 including through a demonstration by the recipient that it-- 7,i7 established1 adequately publicized1 and enforced an effective and comprehensive harassment prevention policy1 training1 and complaint procedure that is likely to provide redress and avoid harm without exposing the person subjected to the harassment to undue risk1 effort1 or expense2 7,,ii7 if requested by such person1 or otherwise necessary to protect that person or other persons within the program or activity from a significant ongoing threat1 undertook a prompt1 thorough1 and impartial investigation of the harassment at issue2 7,,iii7 provided supportive measures that had the purpose and effect of preserving and restoring the aggrieved person's equal access to the benefits or opportunities of the program or activity receiving ,federal financial assistance1 regardless of whether the aggrieved person requested an investigation2 and 7,,iv7 took other necessary1 prompt1 and appropriate corrective action designed to stop the harassment and remedy its effects4 7ii7 ,not establishing reasonable care ,a showing that the harassment did not recur after the recipient received notice of the harassment does not establish reasonable care absent the demonstration required by subclauses 7,i71 7,,ii71 7,,iii71 and 7,,iv7 of clause 7i74 7,d7 ,notice ,a recipient receives notice of harassment on the basis of race1 color1 or national origin when any of the following individuals knew or1 in the exercise of reasonable care1 should have known about the harassment3 7i7 ,an agent1 employee1 or other authorized person of the recipient who has the authority to take action to redress the harassment4 7ii7 ,an agent1 employee1 or other authorized person of the recipient who has the responsibility to report to an administrator harassment or similar misconduct by others4 7iii7 ,an agent1 employee1 or other authorized person of the recipient to whom an individual has made a report of harassment based on the reasonable belief that the agent1 employee1 or other authorized person is an individual described in clause 7i7 or 7ii74 7#b7 ,definitions ,in this section3 7,a7 ,harassment on the basis of race1 color1 or national origin ,the term harassment on the basis of race1 color1 or national origin means a form of discrimination on the basis of race1 color1 or national origin that alters a person's ability to participate in or receive any benefit1 service1 or opportunity from a program or activity receiving ,federal financial assistance1 including by creating an intimidating1 hostile1 or offensive environment4 7,b7 ,recipient ,the term recipient means an entity described in any of paragraphs 7#a7 through 7#d7 of section #fjf1 and any entity that exercises controlling authority over such entities4 7c7 ,remedies and right of action 7#a7 ,in general ,any person aggrieved by the failure of a recipient to comply with this title1 including any regulation promulgated pursuant to this title1 may bring a civil action in any court of competent jurisdiction4 7#b7 ,right of ,recovery ,in an action brought against a recipient by or on behalf of an aggrieved person1 the aggrieved person may recover equitable and legal relief 7such as compensatory damages1 including for emotional distress1 and punitive damages71 and attorney's fees 7including expert fees74 4 #ajd4 ,amendments to the ,age ,discrimination ,act of #aige 7a7 ,in ,general ,section #cjc of the ,age ,discrimination ,act of #aige 7#db ,u4,s4,c4 #fajb7 is amended-- 7#a7 by inserting 7a7 ,in general4-- before ,pursuant2 and 7#b7 by adding at the end the following3 7b7 ,liability 7#a7 ,harassment by agents1 employees1 and other persons authorized by the recipient to provide aid1 benefits1 or services under the recipient's programs and activities ,subject to subsection 7c71 a recipient that receives ,federal financial assistance for a program or activity is liable if its agent1 employee1 or other person authorized by the recipient to provide aid1 benefit1 or service under the recipient's program or activity1 engages in age-based harassment against a person who participates in or receives any benefit1 service1 or opportunity from such program or activity1 or who attempts to receive such benefit1 service1 or opportunity1 regardless of where the harassment occurs1 if-- 7,a7 the harassment is enabled or assisted by the authority exercised as an employee1 agent1 or other authorized person of the recipient2 or 7,b7 the recipient receives notice of the harassment4 7#b7 ,harassment by non-agents1 non-employees1 and other non-authorized persons ,subject to subsection 7c71 a recipient that receives ,federal financial assistance for a program or activity is liable for age-based harassment if a person who is not its agent1 employee1 or other authorized person1 engages in age-based harassment against a person who is participating in or receiving any benefit1 service1 or opportunity from such program or activity1 or who is attempting to do so1 regardless of where the harassment occurs1 if the recipient receives notice of the harassment4 7c7 ,affirmative defense 7#a7 ,in general ,a recipient is not liable in a private action for damages under subsection 7b7 for age-based harassment if it demonstrates that it exercised reasonable care to prevent age-based harassment and to promptly remedy the effects of the age-based harassment at issue1 including through a demonstration by the recipient that it-- 7,a7 established1 adequately publicized1 and enforced an effective and comprehensive age-based harassment prevention policy1 training1 and complaint procedure that is likely to provide redress and to avoid harm without exposing the person subjected to such harassment to undue risk1 effort1 or expense2 7,b7 if requested by the aggrieved person1 or otherwise necessary to protect such person or other persons in such program or activity from a significant ongoing threat of harm1 undertook a prompt1 thorough1 and impartial investigation of such harassment2 7,c7 provided supportive measures that have the purpose and effect of preserving and restoring an aggrieved person's equal access to the benefits1 services1 or opportunities of the program or activity involved1 regardless of whether such person requests an investigation2 and 7,d7 took other necessary1 immediate1 and appropriate corrective action designed to stop such harassment and remedy its effects4 7#b7 ,not establishing reasonable care ,a showing that the harassment did not recur after the recipient receives notice of the harassment does not establish reasonable care absent the demonstration required by subparagraphs 7,a7 through 7,d7 of paragraph 7#a74 7d7 ,notice ,a recipient receives notice of age-based harassment if an agent1 employee1 or other authorized person of the recipient knew1 or in the exercise of reasonable care should have known1 about the harassment and-- 7#a7 has the authority to take action to redress the harassment2 7#b7 has the responsibility to report to an administrator harassment or similar misconduct by others2 or 7#c7 receives a report of such harassment from an individual who could reasonably believe that the agent1 employee1 or other authorized person is as described in paragraph 7#a7 or 7#b74 4 7b7 ,conforming amendment ,section #cjd7;b7 of the ,age ,discrimination ,act of #aige 7#db ,u4,s4,c4 #fajc7;b77 is amended-- 7#a7 in paragraph 7#a71 by striking ,it shall and inserting ,subject to section #cje7;h77#c71 it shall2 and 7#b7 in paragraph 7#b71 by striking ,the provisions and inserting ,subject to section #cje7;h77#c71 the provisions4 7c7 ,remedies and right of action ,section #cje of the ,age ,discrimination ,act of #aige 7#db ,u4,s4,c4 #fajd7 is amended by adding at the end the following3 7g7 ,any person aggrieved by the failure of a recipient to comply with this title1 or a rule issued under this title-- 7#a7 may bring a civil action in any court of competent jurisdiction2 and 7#b7 notwithstanding subsection 7e71 may recover equitable and legal relief 7such as compensatory damages1 including for emotional distress1 and punitive damages71 and attorney's fees 7including expert fees74 7h7 ,notwithstanding any other provision of this section1 in the case of alleged age-based harassment in a program or activity of an entity described in subparagraph 7,b7 of section #cji7d7-- 7#a7 an aggrieved person shall not be required to exhaust administrative remedies2 7#b7 the relief described in subsection 7g77#b7 shall be available2 and 7#c7 the provisions of paragraph 7#a7 and 7#b7 of section #cjd7;b7 shall not apply4 4 7d7 ,definitions ,section #cji of the ,age ,discrimination ,act of #aige 7#db ,u4,s4,c4 #fajg7 is amended-- 7#a7 in paragraph 7#c71 by striking and after the semicolon2 7#b7 in paragraph 7#d71 by striking the period and inserting a semicolon2 and 7#c7 by adding at end the following3 7#e7 the term age-based harassment means a form of prohibited discrimination on the basis of an individual's age that alters a person's ability to participate in or receive any benefit1 service1 or opportunity from a program or activity receiving ,federal financial assistance2 and 7#f7 the term recipient means an entity described in any of subparagraph 7,a71 7,b71 7,c71 or 7,d7 of paragraph 7#d71 and includes any entity that exercises controlling authority over such entity4 4 ,,ii ,transparency1 training1 and support for students #bja4 ,department of ,education enforcement 7a7 ,disclosure of enforcement actions 7#a7 ,amendment ,the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdja et seq47 is amended-- 7,a7 in section #bjc7;b71 by adding at the end the following new paragraphs3 7#c7 ,the ,assistant ,secretary for ,civil ,rights shall make publicly available on the ,department's website a list of each recipient of ,federal financial assistance from the ,department that is under investigation for a possible violation of any civil rights law that the ,department enforces1 the sanctions 7if any7 or findings issued pursuant to such investigation1 and a copy of the final resolution letter1 including resolution agreements1 entered into by such recipient with the ,secretary under any of the civil rights laws enforced by the ,department4 ,any document made publicly available shall have personally identifiable information redacted from it4 7#d7 ,not later than #cj days after the termination of any resolution agreement described in paragraph 7#c71 the ,assistant ,secretary for ,civil ,rights shall transmit to the ,president and the ,congress1 and make publicly available on the ,department's website1 the letter terminating the ,department of ,education's monitoring of such agreement4 2 and 7,b7 in section #bje1 by adding at the end the following new subsection3 7c7 ,notwithstanding section #dih;,a7b77#h7 of the ,higher ,education ,act of #aife1 the ,assistant ,secretary for ,postsecondary ,education shall make publicly available on the ,department's website a list of each institution under investigation for a possible violation of section #dhe7;f7 of the ,higher ,education ,act of #aife1 the sanctions 7if any7 or findings issued pursuant to such investigation1 and a copy of program reviews and resolution agreements entered into by such institution with the ,secretary4 ,any document made publicly available shall have personally identifiable information redacted from it4 4 7#b7 ,inspector general ,not later than one year after the date of enactment of this ,act1 the ,inspector ,general of the ,department of ,education shall submit to ,congress and make publicly available a report reviewing compliance with paragraphs 7#c7 and 7#d7 of section #bjc7;b7 of the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdac7;b77 and subsection 7c7 of section #bje of such ,act 7#bj ,u4,s4,c4 #cdae71 as added by paragraph 7#a74 7b7 ,authority ,to levy fines ,section #bjc7;c7 of the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdac7;c77 is amended-- 7#a7 in paragraph 7#c71 by striking and after the semicolon2 7#b7 in paragraph 7#d71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#e7 to impose a civil penalty to be paid by a recipient of ,federal funds that has violated a law under the jurisdiction of the ,office for ,civil ,rights1 the amount of which shall be determined by the gravity and magnitude of the violation1 and the imposition of which shall not preclude other remedies available under ,federal law4 4 #bjb4 ,disclosure of religious exemptions from title ,,ix of the ,education ,amendments of #aigb 7a7 ,amendment to higher education act of #aife ,section #dhe of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7 is amended by adding at the end the following3 7n7 ,disclosure of religious exemptions from title ,,ix of the education amendments of #aigb ,each institution of higher education receiving ,federal funds participating in any program under this title that claims or intends to exercise a religious exemption to the requirements of title ,,ix of the ,education ,amendments of #aigb shall submit in writing to the ,assistant ,secretary for ,civil ,rights a statement by the highest ranking official of the institution of higher education1 identifying the provisions of part #ajf of title #cd1 ,code of ,federal ,regulations1 the application of which may conflict with a specific tenet of the religious organization that controls the institutions of higher education and shall publish on its website1 in a prominent location1 the following3 7#a7 ,request letter ,each letter submitted by the institution to the ,department to request such an exemption4 7#b7 ,exemption letter ,each letter from the ,department to the institution that responds to a request for assurance of such an exemption4 7#c7 ,notice of request ,notice that the institution has requested acknowledgment of such an exemption under section #ija7;a77#c7 of the ,education ,amendments of #aigb4 7#d7 ,notice of exemption ,if applicable1 notice that the institution has received acknowledgment of such an exemption under section #ija7;a77#c7 of the ,education ,amendments of #aigb4 7#e7 ,covered applications ,a list of the specific applications of statutory or regulatory provisions for which there is an applicable requested or granted exemption1 including any personal characteristics or behaviors to which each requested or granted exemption applies4 7#f7 ,scope of exemption ,a list of each statutory and regulatory provision with respect to which there is an application from which the institution has claimed an exemption and the scope of such exemption4 4 7b7 ,disclosures of requests for exemptions ,section #bjc of the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdac7 is amended by adding at the end the following3 7d7 ,the ,assistant ,secretary for ,civil ,rights shall publish1 on the ,department's website1 in a prominent location1 information regarding religious exemptions to the requirements of title ,,ix of the ,education ,amendments of #aigb1 including the name of each recipient of ,federal financial assistance from the ,department that claims an exemption1 whether that recipient received an acknowledgment of such exemption from the ,assistant ,secretary1 and a description of the nature and scope of that exemption 7including each provision of the statute or regulations with respect to which there is an application from which the recipient has claimed an exemption1 the scope of applications for which the exemption was claimed1 and justification for the exemption74 4 #bjc4 ,climate surveys for k-#ab schools 7a7 ,in general ,the ,secretary1 in consultation with the ,attorney ,general1 the ,director of the ,centers for ,disease ,control and ,prevention1 the ,secretary of ,health and ,human ,services1 and experts in domestic violence1 dating violence1 sexual assault1 disability1 sexual harassment1 and stalking1 shall1 in accordance with applicable privacy laws1 develop1 design1 and make available through a secure and accessible online portal1 a standardized online survey tool regarding the experience of elementary school and secondary school students with domestic violence1 dating violence1 sexual assault1 sexual harassment1 and stalking4 7b7 ,development of survey tool ,in developing the survey tool required under subsection 7a71 the ,secretary shall-- 7#a7 use best practices from peer-reviewed research measuring domestic violence1 dating violence1 sexual assault1 sexual harassment1 and stalking2 7#b7 consult with the education community1 experts in survey research related to domestic violence1 dating violence1 sexual assault1 sexual harassment1 and stalking1 and organizations engaged in the prevention of and response to1 and advocacy on behalf of victims of1 domestic violence1 dating violence1 sexual assault1 sexual harassment1 and stalking regarding the development and design of such survey tool and the methodology for administration of such survey tool2 7#c7 provide opportunity for stakeholder feedback through public listening sessions or a #cj-;day open comment period2 7#d7 ensure that the survey tool is readily accessible to and usable by individuals with disabilities and publicly accessible in multiple languages1 accessibility formats1 and provided in a language that parents1 family1 and community members can understand2 and 7#e7 ensure that the survey questions are different for staff and students and for different age groups in order to ensure that the questions are developmentally appropriate4 7c7 ,elements 7#a7 ,in general ,the survey tool developed pursuant to this section shall be fair and unbiased1 be scientifically valid and reliable1 and meet the highest standards of survey research4 7#b7 ,survey questions ,survey questions included in the survey tool developed pursuant to this section shall-- 7,a7 be designed to gather information on student experiences with domestic violence1 dating violence1 sexual assault1 sexual harassment1 and stalking1 including the experiences of victims of such incidents2 7,b7 use trauma-informed language to prevent retraumatization2 and 7,c7 include age-appropriate questions-- 7i7 that give students the option to report their demographic information2 7ii7 designed to determine the incidence and prevalence of domestic violence1 dating violence1 sexual assault1 sexual harassment1 and stalking whether the incident occurred on or off campus1 and whether carried out in whole or in part through the use of electronic messaging services1 commercial mobile services1 electronic communications1 or other technology2 7iii7 regarding whether students know about institutional policies and procedures related to domestic violence1 dating violence1 sexual assault1 sexual harassment1 and stalking2 7iv7 designed to determine1 if complainants reported domestic violence1 dating violence1 sexual assault1 sexual harassment1 or stalking-- 7,i7 to whom the incident was reported and what response1 including any supportive measures1 the complainant may have received2 7,,ii7 whether the complainant was informed of1 or referred to1 national1 ,state1 local1 or on-site resources2 and 7,,iii7 whether the entity to whom the complainant reported the incident conducted an investigation and the duration and final resolution of such an investigation2 7v7 regarding contextual factors1 such as whether force1 incapacitation1 or coercion was involved2 7vi7 to determine whether an accused individual was a student1 faculty1 staff1 administrator1 or third-party vendor at the elementary school or secondary school in which the complainant is enrolled or another school served by the local educational agency that serves the elementary school or secondary school2 7vii7 to determine whether a complainant reported an incident to ,state1 local1 or school-based law enforcement2 7viii7 to determine why the complainant chose to report or not report an incident to the school or local educational agency or ,state or local law enforcement2 7ix7 to determine the impact of domestic violence1 dating violence1 sexual assault1 sexual harassment1 and stalking on the complainant's education1 including diminished grades1 dropped classes1 leaves of absence1 and negative financial consequences 7including costs associated with counseling1 medical services1 or housing changes72 7x7 to determine if a complainant was punished in connection with reporting the incident or for ancillary behavior related to the incident 7such as punishment for missing class because of mental health impacts for fear of perpetrator1 being placed on academic probation for declining grades related to trauma following incident1 and more72 7xi7 to determine the impact and effectiveness of prevention and awareness programs and complaints processes for the overall student body and different student populations1 including-- 7,i7 students of color2 7,,ii7 ,,lgbtqi students2 7,,iii7 immigrant students2 7,,iv7 pregnant1 expectant1 or parenting students2 or 7,v7 students with disabilities2 and 7xii7 to determine attitudes toward sexual violence and harassment1 including the willingness of individuals to intervene as a bystander of sex-based 7including on the basis of sex stereotypes1 pregnancy1 childbirth or a related medical condition1 sexual orientation and gender identity1 or sex characteristics71 race-based1 national origin-based1 and disability-based discrimination1 harassment1 assault1 domestic violence1 dating violence1 sexual assault1 sexual harassment1 and stalking4 7#c7 ,additional topics ,states and local educational agencies may add additional questions to the survey tool developed pursuant to this section as they determine appropriate4 7d7 ,additional elements ,in addition to the standardized questions developed by the ,secretary under subsection 7c71 an elementary school or secondary school may request additional information from students that would increase the documentation1 through qualitative and quantitative evidence of the elementary school or secondary school of school climate factors unique to the school4 7e7 ,responses ,the responses to the survey questions described in subsection 7c7 shall-- 7#a7 be submitted confidentially2 and 7#b7 in the case of such responses being included in a report described in subsection 7g71 not include personally identifiable information4 7f7 ,administration of survey 7#a7 ,federal administration ,the ,secretary1 in consultation with the ,attorney ,general1 the ,director of the ,centers for ,disease ,control and ,prevention1 and ,secretary of ,health and ,human ,services1 shall develop a mechanism by which local educational agencies may1 with respect to the survey tool developed pursuant to this section-- 7,a7 administer such survey tool in compliance with applicable privacy laws2 and 7,b7 modify such survey tool to include additional elements or requirements1 as determined by the elementary school or secondary school4 7#b7 ,costs ,the ,secretary may not require a local educational agency to pay to modify the survey tool in accordance with paragraph 7#a77;,b74 7#c7 ,accessibility ,the ,secretary shall ensure that the survey tool is administered in such a way as to be readily accessible to and usable by individuals with disabilities4 7#d7 ,administration ,beginning not later than #a year after the date on which the ,secretary makes available to local educational agencies the mechanism described in paragraph 7#a71 and every #b years thereafter1 each local educational agency that receives ,federal financial assistance 7as such term is defined in section #geja7;a77#e7 of title #ca1 ,united ,states ,code7 shall administer the survey tool developed pursuant to this section4 7#e7 ,completed surveys ,the ,secretary shall require each local educational agency that receives ,federal financial assistance 7as such term is defined in section #geja7;a77#e7 of title #ca1 ,united ,states ,code7 to ensure1 to the maximum extent practicable1 that an adequate1 random1 and representative sample size of students 7as determined by the ,secretary7 enrolled in the local educational agency complete the survey tool developed pursuant to this section4 7#f7 ,personally identifiable information ,information from the survey tool shall not be disaggregated or reported if the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student4 7g7 ,report ,beginning not later than #b years after the date of enactment of this ,act1 and every #b years thereafter1 the ,secretary shall1 in accordance with applicable privacy laws and in accordance with subsection 7f77#f7-- 7#a7 prepare a #b-year report on the information gained from the standardized elements of the survey under this section1 which shall include school-level data that permits comparisons across elementary schools and secondary schools2 7#b7 publish such report in an accessible format on the website of the ,department of ,education2 and 7#c7 submit such report to ,congress4 7h7 ,publication ,each elementary school or secondary school shall publish1 in accordance with applicable privacy laws and with subsection 7f77#f7 and in a manner that is readily accessible and usable by individuals1 including individuals with disabilities-- 7#a7 the results of the standardized elements of the survey under this section on the website of the elementary school or secondary school2 and 7#b7 the results of the additional elements modifying the survey by the elementary school or secondary school1 if any1 on the school's website4 7i7 ,definitions ,in this section3 7#a7 ,,esea terms ,the terms elementary school1 local educational agency1 and secondary school have the meanings given the terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#b7 ,personally identifiable information ,the term personally identifiable information means1 with respect to a student-- 7,a7 the student's name1 whether given at birth or time of adoption1 or resulting from a lawful change of name2 7,b7 the name of the student's parent or another family member2 7,c7 the address of the student or another family member2 7,d7 a personal identifier1 such as the student's social security number1 student number1 or biometric record2 7,e7 another indirect identifier1 such as the student's date of birth1 place of birth1 or mother's maiden name2 and 7,f7 other information that1 alone or in combination1 is linked or linkable to the student that would allow a reasonable person in the school community1 who does not have personal knowledge of the relevant circumstances1 to identify the student with reasonable certainty4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#d7 ,sexual harassment ,the term sexual harassment means any unwelcome conduct of a sexual nature1 regardless of whether it is direct or indirect1 or verbal or nonverbal 7including conduct that is undertaken in whole or in part1 through the use of electronic messaging services1 commercial mobile services1 electronic communications1 or other technology71 that unreasonably alters an individual's terms1 benefits1 or privileges of an education program or activity1 including by creating an intimidating1 hostile1 or offensive environment1 which takes the form of-- 7,a7 a sexual advance2 7,b7 a request for sexual favors2 7,c7 a sexual act1 where such submission is made either explicitly or implicitly a term or condition of a program or activity at a school or school activity1 regardless of a student's submission to or rejection of such sexual act2 7,d7 a sexual act1 where such submission or rejection is used as the basis for a decision affecting a term or condition of a program or activity at a school or school activity1 regardless of a student's submission to or rejection of such sexual act2 7,e7 other conduct of a sexual nature2 or 7,f7 domestic violence1 intimate partner violence 7dating violence71 and sex-based stalking4 #bjd4 ,civil ,rights ,data ,collection ,the ,assistant ,secretary of ,education for ,civil ,rights shall collect and publish within the ,civil ,rights ,data ,collection1 in addition to data already collected and in accordance with section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g7 7commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd7 and section #bjc7;c77#a7 of the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdac7;c77#a771 data addressing-- 7#a7 the prevalence of harassment based on race1 color1 national origin1 sex1 and disability1 as determined through reports made in schools2 and 7#b7 the results of complaint procedures related to such harassment in schools4 #bje4 ,support for students 7a7 ,student victim support and resources ,the ,secretary of ,education shall require ,title ,,ix ,coordinators and school administrators1 upon receiving notice of possible sex-based harassment1 to notify the complainant in writing and orally1 about available assistance to support the complainant of sexual harassment and ensure the complainant's continued and equal access to education1 regardless of the location of the harassment1 including-- 7#a7 academic adjustment or other accommodations1 such as adapting course schedules1 assignments1 or tests1 issuing no-contact orders1 altering housing1 or taking other measures to ensure the complainant's access to educational opportunities is not interrupted after a report has been made or during a grievance process2 7#b7 information about and access to support services for the complainant1 such as counseling1 mental health and other health services1 and disability accommodations2 7#c7 providing increased monitoring or supervision at locations or activities where the misconduct occurred or may have occurred2 and 7#d7 reasonable accommodations for complainants and respondents with disabilities1 including pre-existing disabilities and disabilities arising out of sex-based harassment1 consistent with laws that protect students with disabilities1 including 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 the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq474 7b7 ,protection for student victims and reporting parties ,working in collaboration with the ,title ,,ix ,coordinator1 institutions of higher education and local educational agencies shall issue guidance and disseminate guidance that explicitly address protections for students from punishment or retaliation when making reports of sexual harassment4 ,guidance shall be issued to all persons who participate in or receive any benefit1 service1 or opportunity from the issuing institution of higher education or local educational agency4 ,such guidance shall apply to all reports of harassment1 including in the context of a same-gender relationship or encounter1 and ensure that for all reports of sexual harassment-- 7#a7 the school will not take disciplinary action against individuals1 including witnesses1 disclosing code-of-conduct offenses that are related to the reported incident1 including the use of intoxicating substances occurring at or around the time of a reported incident1 reasonable actions taken to defend against harassment1 or actions taken to avoid contact with the respondent2 7#b7 if a school's code-of-conduct prohibits sexual activity 7or certain forms of sexual activity71 the school will not take disciplinary action against individuals disclosing in good faith 7including witnesses7 non-harassing sexual activity related to the reported incident1 or for other non-harassing sexual activity discovered during an investigation into the reported incident2 7#c7 the ,title ,,ix ,coordinator shall review any disciplinary actions related to a complaint of harassment to ensure that such actions do not further discriminate or harass a complainant 7such as requiring therapy or participation in programming focused on altering a student's sexual orientation or gender identity72 7#d7 a party who reports harassment shall not be disciplined for a false report or for prohibited sexual conduct solely because the school has decided there is insufficient evidence for a finding of responsibility or because the respondent is found not responsible2 and 7#e7 the school will address reports of retaliation against complainants1 which may include investigation or discipline for retaliation4 7c7 ,definitions ,in this section3 7#a7 ,,esea terms ,the terms elementary school1 local educational agency1 and secondary school have the meanings given the terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#b7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb74 7#c7 ,sexual harassment ,the term sexual harassment has the meaning given the term in section #bjc7;i74 7#d7 ,title ix coordinator ,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 from the ,department of ,education1 designated or authorized to coordinate 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 #bjf4 ,title ,,ix coordinators and training requirements 7a7 ,duties and scope of title ,,ix ,coordinators 7#a7 ,in general ,for each local educational agency or institution of higher education that receives ,federal financial assistance from the ,department of ,education1 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 institution of higher education1 per #ge1jjj students in #gth grade or above served by the local educational agency1 and per #aej1jjj students in #fth grade or below served by the local educational agency4 7,b7 ,the local educational agency or institution of higher education shall ensure students and staff are made aware of the ,title ,,ix ,coordinator1 the role of the ,title ,,ix ,coordinator1 and the time at which the ,title ,,ix ,coordinator is available to meet4 7,c7 ,the ,title ,,ix ,coordinator shall not have any other school-related responsibilities that may create a conflict of interest4 7#b7 ,duties ,each ,title ,,ix ,coordinator for a local educational agency or institution of higher education shall ensure 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 agency or institution of higher education1 including students1 employees1 and applicants for admission or employment1 and where appropriate1 parents and guardians1 are aware of their rights under ,federal1 ,state1 and local laws and policies against sex discrimination1 including under title ,,ix of the ,education ,amendments of #aigb1 and that the local educational agency or institution of higher education 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 and accessible manner to all students1 employees1 and applicants for admission or employment1 and where appropriate1 parents and guardians1 including on school websites and in school handbooks4 7,c7 ,monitoring complaints alleging harassment1 including sexual harassment1 and other forms of discrimination based on sex 7including sexual orientation1 gender identity1 sex characteristics1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and sex stereotypes71 including supportive measures offered to complainants1 reasonable accommodations for complainants and respondents with disabilities1 and the outcomes of complaints4 7,d7 ,identifying patterns of sex discrimination from complaints and addressing their impact on the educational community4 7,e7 ,monitoring the education program or activity for barriers to reporting information about conduct that may constitute sex discrimination under title ,,ix of the ,education ,amendments of #aigb and taking steps reasonably calculated to address such barriers4 7,f7 ,coordinating dissemination1 collection1 and analysis of climate surveys described in section #bjc1 and identifying and proactively addressing sex discrimination in the local educational agency or institution of higher education based on the results of climate surveys4 7,g7 ,overseeing age-appropriate1 accessible1 and trauma-informed sexual harassment prevention education and training provided to school employees and students at least once per school year and ensuring that such prevention education and training include 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 7#c7 ,waiver authorized for local educational agencies 7,a7 ,in general 7i7 ,requesting a waiver ,a local educational agency described in paragraph 7#a7 may request a waiver from the ,secretary of one or more of the requirements of such paragraph on the basis that the requirement poses an insurmountable financial burden to the agency and the agency has been unable to secure sufficient grants under paragraph 7#d74 7ii7 ,alternative plan 7,i7 ,in general ,the waiver process shall include requiring the local educational agency to submit an alternative plan for ensuring that 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 7,,ii7 ,alternative plan ,an alternative plan submitted under subclause 7,i7 shall include1 at a minimum1 a demonstration that the local educational agency has entered into a partnership with a local rape crisis center or a national or community-based organization that specializes in trauma or crisis management and support4 ,such a plan shall establish a clear delineation of the roles and responsibilities of the center or organization with the local educational agency1 which also includes providing preventative training and supporting measures when addressing reports of sex-based harassment4 7,b7 ,withholding assistance ,if a local educational agency has a waiver approved under this paragraph but does not follow the alternative plan1 or the ,secretary determines the plan was insufficient to prevent and respond to sexual harassment and assault1 the ,secretary shall attempt a voluntary resolution4 ,if a voluntary resolution is not possible during a reasonable period of time1 the ,secretary shall take such action as may be appropriate to withhold ,federal financial assistance4 7,c7 ,length of waiver ,a waiver granted under this paragraph shall be valid for #b years4 7#d7 ,authorization of funds for grants 7,a7 ,in general ,to carry out this subsection1 there are authorized to be appropriated to the ,secretary #ajj1jjj1jjj for grants to local educational agencies and institutions of higher education described in paragraph 7#a7 to offset the financial burden of satisfying the requirements of this subsection4 ,in making grants under this paragraph1 the ,secretary shall give priority to local educational agencies and institutions of higher education that otherwise would face a high financial burden in fulfilling such requirements4 7,b7 ,definition of institution of higher education ,in this paragraph1 the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7b7 ,training ,requirements 7#a7 ,training program 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in coordination with the ,attorney ,general and in consultation with national1 ,state1 or local victim services organizations1 local educational agencies1 and institutions of higher education1 shall develop a training program1 which may include online training modules1 for training each individual who is involved in implementing student grievance procedures at an institution of higher education or local educational agency that receives ,federal financial assistance from the ,department of ,education1 including each individual who is responsible for resolving complaints of reported sex-based harassment1 including domestic violence1 dating violence1 sexual assault1 sexual harassment1 stalking1 or sexual misconduct policy violations1 such as an investigator1 decision-maker1 informal resolution facilitator1 or ,title ,,ix ,coordinator4 7,b7 ,contents ,the training described in subparagraph 7,a7 shall include the following3 7i7 ,the role and responsibility of ,title ,,ix ,coordinators4 7ii7 ,information and evidence-based best practices for increasing awareness about rights and obligations under title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq474 7iii7 ,information and evidence-based best practices for investigating and responding to claims of violations of title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 including-- 7,i7 information on working with and interviewing persons subjected to sex-based harassment1 including domestic violence1 dating violence1 sexual assault1 sexual harassment1 or stalking2 7,,ii7 information on particular types of conduct that would constitute sex-based harassment1 including domestic violence1 dating violence1 sexual assault1 sexual harassment1 or stalking1 regardless of gender1 including same-sex incidents of domestic violence1 dating violence1 sexual assault1 sexual harassment1 or stalking2 7,,iii7 information on consent1 and what factors1 including power dynamics1 may impact whether consent is voluntarily given1 including the effect that drugs or alcohol may have on an individual's ability to consent and information on consent for individuals with disabilities or individuals who are neurodivergent2 7,,iv7 the effects of trauma1 including the neurobiology of trauma2 7,v7 training regarding the use of trauma-informed interview techniques1 and reasonable accommodations for interviewees with disabilities2 7,,vi7 cultural awareness training regarding how sex-based harassment1 including domestic violence1 dating violence1 sexual assault1 sexual harassment1 or stalking may impact students differently depending on their cultural background2 7,,vii7 information on sexual assault dynamics1 sexual assault perpetrator behavior1 and barriers to reporting2 7,,viii7 the dynamics of power and control within intimate partner violence and reactive abuse2 7,,ix7 safety risks for victims associated with reporting abuse or seeking help2 7,x7 information on harassment and abuse of ,,lgbtqi students2 and 7,,xi7 information on harassment and abuse of disabled students4 7iv7 ,for ,title ,,ix ,coordinators1 additional training on information and evidence-based best practices for identifying and preventing implicit and explicit sex discrimination in all areas and at all levels of education1 including-- 7,i7 recruitment and admissions2 7,,ii7 teaching practices1 textbooks1 and curricula2 7,,iii7 campus safety and security2 7,,iv7 financial assistance2 7,v7 access to facilities1 resources1 and housing2 7,,vi7 access to course offerings2 7,,vii7 student health services and insurance benefits2 7,,viii7 counseling and career guidance2 7,,ix7 athletics2 7,x7 discipline policies2 7,,xi7 employment2 and 7,,xii7 other areas that the ,assistant ,secretary for ,civil ,rights of the ,department of ,education determines are relevant for such purposes4 7#b7 ,institutional training ,each institution of higher education or local educational agency that receives ,federal financial assistance from the ,department of ,education1 shall ensure that the individuals and employees described in paragraph 7#a77;,a7 receive the training described in this subsection not later than the first ,july #ae following the date that is #a year after the date on which the ,secretary completes the development of the training1 and annually thereafter4 7#c7 ,authorization of funds for grants for training for local educational agencies ,there are authorized to be appropriated to the ,secretary #ej1jjj1jjj for grants to local educational agencies to train elementary school 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 behaviors of adults toward students at school4 7#d7 ,authorization of funds for grants for training for institutions of higher education 7,a7 ,in general ,there are authorized to be appropriated to the ,secretary #ej1jjj1jjj for grants to institutions of higher education to train faculty1 staff1 and administrators on how to prevent1 recognize1 and respond to signs of sexual harassment and assault among students or between students and employees1 as well as grooming behaviors of adults toward students4 7,b7 ,definition of institution of higher education ,in this paragraph1 the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7c7 ,definitions ,in this section3 7#a7 ,,esea terms ,the terms elementary school1 local educational agency1 and secondary school have the meanings given the terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#b7 ,grooming ,the term grooming1 used with respect to a behavior1 means a method used by an adult to build trust with a student in an effort to both maintain control over the student and gain access to time alone with the student for the purposes of sexual harassment1 as defined in section #bjc7;i74 7#c7 ,institution of higher education ,except as otherwise provided1 the term institution of higher education has the meaning given the term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb74 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#e7 ,sexual harassment ,the term sexual harassment has the meaning given the term in section #bjc7;i74 7#f7 ,title ,,ix ,coordinator ,the term ,title ,,ix ,coordinator has the meaning given the term in section #bje7;c74