II 

115TH CONGRESS 

1ST SESSION S. 1421 

To support educational entities in fully implementing title IX and reducing 

and preventing sex discrimination in all areas of education. 

IN THE SENATE OF THE UNITED STATES 

JUNE 22, 2017 

Ms. HIRONO (for herself, Ms. BALDWIN, Mr. BLUMENTHAL, Mr. MARKEY, 

Mrs. SHAHEEN, Mrs. GILLIBRAND, Ms. CANTWELL, Mr. MERKLEY, and 

Mr. SCHATZ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To support educational entities in fully implementing title 

IX and reducing and preventing sex discrimination in 

all areas of education. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Patsy T. Mink Gender 

5 Equity in Education Act of 2017’’. 

6 SEC. 2. FINDINGS. 

7 FINDINGS.—Congress finds the following: 

8 (1) Title IX of the Education Amendments of 

9 1972 (20 U.S.C. 1681 et seq.) (in this Act referred 


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1 to as ‘‘title IX’’) and the implementing regulations 

2 of title IX prohibit sex discrimination in federally 

3 funded education programs and activities. 

4 (2) Although title IX ensures equal opportuni5 ties to participate in athletics, female participation 

6 rates, especially for girls of color, lag far behind 

7 male participation rates. The National Women’s 

8 Law Center reports that only 64 percent of Black 

9 girls, 64 percent of Hispanic girls, and 53 percent 

10 of Asian-American girls play sports, compared to 76 

11 percent of Caucasian girls. Female student athletes 

12 have been found to have higher levels of self-esteem 

13 and to be more likely to graduate from high school 

14 than female students who do not play sports. Al15 though the availability of athletic scholarships facili16 tates access to higher education, many schools fail to 

17 award proportional athletic financial aid to females, 

18 which can affect the long-term employment outcomes 

19 and economic security of women. 

20 (3) Although title IX ensures gender equity in 

21 career and technical education, women are severely 

22 underrepresented in nontraditional fields. The Amer23 ican Association of University Women reports that 

24 females make up more than 70 percent of students 

25 enrolled in classes that prepare students for low-payVerDate Sep 11 2014 00:28 Jul 06, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1421.IS S1421

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1 ing and historically female jobs, such as caregivers 

2 and cosmetologists and only 20 percent of students 

3 enrolled in classes that prepare students for high4 paying and historically male jobs, such as energy 

5 technicians and electricians. 

6 (4) Although title IX ensures gender equity in 

7 the fields of science, technology, engineering, and 

8 mathematics (in this section referred to as 

9 ‘‘STEM’’) education, women are disproportionately 

10 lost at nearly every stage of the STEM pipeline. The 

11 National Student Clearinghouse reports that the 

12 percentage of women earning STEM degrees has de13 creased over the past decade, with women earning 

14 19 percent of engineering bachelor’s degrees, 18 per15 cent of computing bachelor’s degrees, 42 percent of 

16 mathematics bachelor’s degrees, and 39 percent of 

17 physical science bachelor’s degrees. In 2013, women 

18 of color earned only 6 percent of computing bach19 elor’s degrees and 3 percent of engineering bach20 elor’s degrees. 

21 (5) Although title IX prohibits sex discrimina22 tion in employment in federally funded education 

23 programs, women comprise only 37.5 percent of 

24 tenured faculty and 22 percent of university presi25 dents, and female representation in STEM drops at 


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1 every faculty and leadership level. The National 

2 Science Foundation reports that women hold only 25 

3 percent of all tenured and tenure-track positions and 

4 17 percent of full professor positions in STEM 

5 fields, Black and Hispanic women together hold only 

6 4.4 percent of all tenured and tenure-track positions 

7 and 1.5 percent of full professor positions in STEM 

8 fields, and Asian-American women hold only 6.1 per9 cent of all tenured and tenure-track positions and 

10 1.9 percent of full professor positions in STEM 

11 fields. 

12 (6) Although title IX protects against sexual 

13 and sex-based harassment and violence, more than 

14 50 percent of girls in grades 7 through 12 experi15 ence sexual harassment each year and approximately 

16 10 percent of high school students experience dating 

17 violence each year. A 2013 study by the Gay Les18 bian Straight Education Network reports that 55 

19 percent of lesbian, gay, bisexual, and transgender 

20 youth report feeling unsafe at school because of their 

21 sexual orientation and 38 percent report feeling un22 safe because of their gender expression. Research 

23 has shown that students who experience harassment 

24 at school are more likely to experience depression 

25 and anxiety, to engage in unhealthy and antisocial 


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1 behaviors, and to have more unexcused absences 

2 from school. 

3 (7) Although title IX guarantees access to med4 ical leave, the availability of accommodations for 

5 pregnancy-related conditions, and the availability of 

6 enrollment in school-related activities for pregnant 

7 and parenting students, numerous studies have 

8 found that pregnancy and parenting are the leading 

9 reasons that females drop out of high school. A 

10 2012 report from the National Women’s Law Center 

11 shows that only 51 percent of teenage mothers earn 

12 a high school diploma by the age of 22, compared 

13 with 89 percent of women who do not have a child 

14 during their teenage years, limiting continuing op15 portunities for education and employment. 

16 (8) Although title IX protects against discrimi17 nation based on stereotypes of actual or perceived 

18 sex, gender, gender identity, or sexual orientation, 

19 many people carry implicit or unconscious biases 

20 that can unintentionally influence attitudes, beliefs, 

21 behaviors, and decisionmaking processes. Research 

22 has shown that unconscious biases can impact class23 room environments, teaching methods, student eval24 uations, disciplinary practices, and career and counVerDate Sep 11 2014 00:28 Jul 06, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1421.IS S1421

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1 seling guidance, particularly for students who are 

2 pursuing nontraditional fields. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) ESEA DEFINITIONS.—The terms ‘‘elemen6 tary school’’, ‘‘institution of higher education’’, 

7 ‘‘local educational agency’’, ‘‘secondary school’’, and 

8 ‘‘State educational agency’’ have the meanings given 

9 those terms in section 8101 of the Elementary and 

10 Secondary Education Act of 1965 (20 U.S.C. 7801). 

11 (2) COMPOUND DISCRIMINATION.—The term 

12 ‘‘compound discrimination’’ means discrimination 

13 based on sex and one or more other characteristic, 

14 including race, ethnicity, national origin, disability 

15 status, religion, or age. 

16 (3) DIRECTOR.—The term ‘‘Director’’ means 

17 the Director of the Officer for Gender Equity estab18 lished under section 5(a). 

19 (4) EDUCATIONAL ENTITY.—The term ‘‘edu20 cational entity’’ means any of the following entities 

21 that receive Federal funds: 

22 (A) A State educational agency. 

23 (B) A local educational agency. 

24 (C) An institution of higher education. 


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1 (D) An elementary school or secondary 

2 school. 

3 (5) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Education. 

5 (6) SEX DISCRIMINATION.—The term ‘‘sex dis6 crimination’’ means bias, discrimination, harass7 ment, or violence based on: 

8 (A) Actual or perceived sex, sexual orienta9 tion, gender, or gender identity. 

10 (B) Pregnancy, childbirth, or a related 

11 medical condition. 

12 (C) A stereotype associated with any char13 acteristic described in subparagraphs (A) or 

14 (B). 

15 (7) TITLE IX COORDINATOR.—The term ‘‘title 

16 IX coordinator’’ means a responsible employee, as 

17 described in section 106.8(a) of title 34, Code of 

18 Federal Regulations, designated to coordinate efforts 

19 under title IX of the Education Amendments of 

20 1972 (20 U.S.C. 1681 et seq.). 

21 SEC. 4. PURPOSES. 

22 The purposes of this Act are to— 

23 (1) promote gender equity in education in the 

24 United States; 


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1 (2) support educational entities so that such en2 tities have the support to fully implement title IX; 

3 (3) provide title IX coordinators with training, 

4 technical assistance, and support to fully carry out 

5 their roles and responsibilities; 

6 (4) increase general awareness about the rights 

7 and obligations of individuals and entities under title 

8 IX; 

9 (5) identify, implement, and disseminate best 

10 practices for reducing and preventing sex discrimina11 tion in all areas of education; 

12 (6) promote educational environments that are 

13 safe and free of sexual and sex-based bullying, har14 assment, and violence; and 

15 (7) promote equity in education for students 

16 who face compound discrimination. 

17 SEC. 5. ESTABLISHMENT OF AN OFFICE FOR GENDER EQ18 UITY. 

19 (a) IN GENERAL.—The Secretary shall establish an 

20 Office for Gender Equity. The Director of the Office for 

21 Gender Equity shall be the Special Assistant for Gender 

22 Equity, as authorized under section 202(b)(3) of the De23 partment of Education Organization Act (20 U.S.C. 

24 3412(b)(3)). The Director of the Office for Gender Equity 

25 shall report directly to the Secretary. 


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1 (b) DUTIES.—The Office for Gender Equity shall be 

2 responsible for the following: 

3 (1) Supporting educational entities in the full 

4 implementation of title IX. 

5 (2) Providing title IX coordinators with train6 ing, technical assistance, and support to fully carry 

7 out their roles and responsibilities. 

8 (3) Providing grants to implement programs 

9 and activities that are focused on reducing and pre10 venting sex discrimination in all areas of education. 

11 (4) Identifying and disseminating best practices 

12 for reducing and preventing sex discrimination in all 

13 areas of education. 

14 (5) Maintaining an Office of Gender Equity re15 source center website to disseminate best practices 

16 in achieving gender equity. 

17 (6) Performing any other activity consistent 

18 with achieving the purposes of this Act. 

19 (c) COORDINATION.—To carry out the purposes of 

20 this Act, the Secretary shall coordinate with other relevant 

21 Federal offices and agencies, including— 

22 (1) the Office for Civil Rights of the Depart23 ment of Education; 

24 (2) the Institute of Education Sciences; 


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1 (3) the White House Council on Women and 

2 Girls; 

3 (4) the Women’s Bureau of the Department of 

4 Labor; 

5 (5) the Office on Women’s Health of the De6 partment of Health and Human Services; 

7 (6) the Civil Rights Division of the Department 

8 of Justice; 

9 (7) the Office on Violence Against Women of 

10 the Department of Justice; 

11 (8) the Centers for Disease Control and Preven12 tion; 

13 (9) the Office of Safe and Healthy Students of 

14 the Department of Education; and 

15 (10) other entities determined relevant for car16 rying out the purposes of this Act. 

17 SEC. 6. SUPPORT FOR TITLE IX COORDINATORS. 

18 (a) IN GENERAL.—The Director shall provide coordi19 nation, training, technical assistance, and support for title 

20 IX coordinators to ensure that educational entities are 

21 able to fully implement title IX and reduce and prevent 

22 sex discrimination in all areas of education. 

23 (b) TITLE IX COORDINATOR TRAINING.— 

24 (1) IN GENERAL.—Not less than once a year, 

25 the Director shall conduct a training for all title IX 


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1 coordinators. The training may be conducted in 

2 partnership with a national organization with rel3 evant expertise, and may be completed online or in 

4 person. 

5 (2) CONTENTS OF TRAINING.—The training de6 scribed in paragraph (1) shall include the following 

7 information: 

8 (A) The role and responsibility of title IX 

9 coordinators. 

10 (B) Best practices for increasing aware11 ness about rights and obligations under title 

12 IX. 

13 (C) Best practices for investigating and re14 sponding to claims of violations of title IX. 

15 (D) Best practices for identifying and pre16 venting implicit and explicit sex discrimination 

17 in all areas of education, including— 

18 (i) recruitment and admissions; 

19 (ii) teaching practices, textbooks, and 

20 curricula; 

21 (iii) campus safety and security; 

22 (iv) financial assistance; 

23 (v) access to facilities, resources, and 

24 housing; 

25 (vi) access to course offerings; 


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1 (vii) student health services and insur2 ance benefits; 

3 (viii) counseling and career guidance; 

4 (ix) athletics; 

5 (x) discipline policies; 

6 (xi) employment; and 

7 (xii) other areas that the Director de8 termines are relevant for such purposes. 

9 (3) APPLICATION OF TRAINING.— 

10 (A) IN GENERAL.—The Director shall take 

11 steps to ensure that the trainings described in 

12 paragraph (1)— 

13 (i) are adapted, as necessary, to ad14 dress issues of sex discrimination at all lev15 els of education; 

16 (ii) are updated with the latest evi17 dence-based best practices; and 

18 (iii) address recent trends in sex dis19 crimination. 

20 (B) ATTENTION TO COMPOUND DISCRIMI21 NATION.—The Director shall take steps to en22 sure that such trainings include attention to 

23 students who face compound discrimination. 

24 (C) EVALUATION.—The Director shall— 


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1 (i) develop and conduct pre- and post2 training evaluations to assess the effective3 ness of such trainings in improving the 

4 knowledge of the roles and responsibilities 

5 of title IX coordinators; and 

6 (ii) use such evaluations to update the 

7 title IX coordinator trainings annually. 

8 (c) HANDBOOK FOR CONDUCTING TITLE IX COMPLI9 ANCE SELF-EVALUATIONS.—The Director shall develop a 

10 handbook for conducting self-evaluations of compliance 

11 with title IX in all areas of education, as described in sub12 section (b)(2)(D). 

13 (d) ASSESSMENT OF TITLE IX COORDINATOR SUP14 PORT.—The Director shall collect relevant data and statis15 tics on all title IX coordinators, including salary informa16 tion, budgets, and primary roles, in order to make rec17 ommendations for improving title IX coordinator support. 

18 (e) DISSEMINATION.—The Director shall ensure that 

19 the workplace contact information of all title IX coordina20 tors and any training materials or information developed 

21 under this section are made available on the Office of Gen22 der Equity resource center website, described in section 

23 5(b)(5). 

24 SEC. 7. SUPPORT FOR LOCAL IMPLEMENTATION. 

25 (a) GRANTS AUTHORIZED.— 


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1 (1) IN GENERAL.—The Secretary, acting 

2 through the Director, is authorized to award grants 

3 to eligible entities to support such eligible entities in 

4 fully implementing title IX and reducing and pre5 venting sex discrimination in all areas of education. 

6 (2) ELIGIBLE ENTITY.—In this section, the 

7 term ‘‘eligible entity’’ means— 

8 (A) a State educational agency; 

9 (B) a local educational agency; 

10 (C) an institution of higher education; 

11 (D) an elementary school or secondary 

12 school; or 

13 (E) a partnership consisting of— 

14 (i) an entity described in subpara15 graphs (A) through (D); and 

16 (ii) a national organization with rel17 evant expertise, or another entity that the 

18 Secretary determines has relevant exper19 tise. 

20 (b) USE OF FUNDS.—An eligible entity receiving a 

21 grant shall use such funds to carry out programs and ac22 tivities designed to fully implement title IX and prevent 

23 and reduce sex discrimination, including programs and ac24 tivities that— 


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1 (1) increase awareness of and counteract sex 

2 stereotypes, biases, and discrimination; 

3 (2) include trainings for students, teachers, fac4 ulty, and all personnel to learn about best practices 

5 for reducing and preventing sex discrimination in all 

6 areas of education; 

7 (3) increase access to campus resources, facili8 ties, and course offerings; 

9 (4) support title IX coordinators in performing 

10 outreach, advocacy, and education about title IX and 

11 reducing and preventing sex discrimination; 

12 (5) are aimed at identifying patterns or sys13 temic problems in compliance with title IX; 

14 (6) strengthen prevention education and aware15 ness programs regarding sexual and sex-based har16 assment and violence; 

17 (7) conduct and analyze campus climate and 

18 victimization surveys; 

19 (8) include institutional assessment activities to 

20 identify areas and causes of gender inequities; 

21 (9) make efforts to improve progress on gender 

22 equity indicators as described in subsection 

23 (c)(2)(A); and 


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1 (10) make efforts to improve accuracy in meas2 urement, data collection, and reporting of gender eq3 uity indicators as described in subsection (c)(2)(A). 

4 (c) APPLICATIONS.— 

5 (1) IN GENERAL.—An eligible entity desiring a 

6 grant under this section shall submit an application 

7 to the Secretary at such time, in such manner, and 

8 containing such information as the Secretary may 

9 reasonably require. 

10 (2) CONTENTS OF APPLICATION.—Each appli11 cation submitted by an eligible entity under this sec12 tion shall include the following: 

13 (A) A description of locally defined and 

14 documented gender equity needs and priorities, 

15 which may include any of the following indica16 tors: 

17 (i) Academic indicators, including per18 formance on State assessments, enroll19 ment, admission, attrition, time to comple20 tion, and graduation rates. 

21 (ii) Civil rights data, including statis22 tics on bullying, harassment, violence, dis23 cipline, and expulsion. 

24 (iii) Campus climate and victimization 

25 data. 


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1 (iv) Employment data. 

2 (v) Attendance and absenteeism data. 

3 (vi) Evidence of burden on title IX co4 ordinators, including coordinator to stu5 dent ratio and competing responsibilities. 

6 (vii) Other documentation of need 

7 that the Secretary determines is relevant. 

8 (B) A description of the evidence that will 

9 serve as the basis for the activities that the eli10 gible entity proposes to carry out using grant 

11 funds under this section. 

12 (C) A description of the activities that the 

13 eligible entity proposes to carry out using grant 

14 funds under this section. 

15 (D) A description of how the proposed ac16 tivities will be adapted, as necessary, to meet 

17 the needs of students who face compound dis18 crimination. 

19 (E) A description of how the proposed ac20 tivities will help the eligible entity fully imple21 ment title IX. 

22 (F) A description of a plan for how the 

23 proposed activities under this section will con24 tinue with local support following completion of 


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1 the grant period and termination of Federal 

2 funding. 

3 (G) A description of how the proposed ac4 tivities are a significant component of a com5 prehensive plan for gender equity in education 

6 and full implementation of title IX. 

7 (d) RULE OF CONSTRUCTION.—Nothing in this sec8 tion shall be construed as prohibiting persons of any sex 

9 or gender from participating in any of the programs or 

10 activities funded under this section. 

11 (e) AWARD BASIS.— 

12 (1) MERIT REVIEW.—Grants shall be awarded 

13 under this section on a competitive basis. 

14 (2) PRIORITIES.— 

15 (A) IN GENERAL.—The Secretary shall es16 tablish criteria for determining which eligible 

17 entities shall have priority in receiving a grant 

18 under this section. 

19 (B) LEVEL OF PRIORITY.—The criteria de20 scribed in subparagraph (A) may include a con21 sideration of the extent to which the application 

22 demonstrates that the eligible entity— 

23 (i) has demonstrated a high need for 

24 gender equity assistance based on indica25 tors described in subsection (c)(2)(A) and 


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1 a high commitment to addressing these 

2 issues; 

3 (ii) will address the needs of students 

4 who face compound discrimination; 

5 (iii) has not previously received assist6 ance under this section; 

7 (iv) will address relevant issues of na8 tional significance through solutions that 

9 can be replicated; 

10 (v) will implement an institutional 

11 change strategy with a long-term impact 

12 that will continue to be a central activity 

13 of the eligible entity upon termination of 

14 the grant; and 

15 (vi) will serve a high percentage of 

16 low-income students. 

17 (C) SPECIAL RULE.—To the extent prac18 ticable, the Secretary shall ensure that grants 

19 awarded under this section, for each fiscal year, 

20 address— 

21 (i) all levels of education, including— 

22 (I) elementary and secondary 

23 education; 

24 (II) undergraduate and graduate 

25 education; 


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1 (III) postdoctoral education and 

2 research; 

3 (IV) career and technical edu4 cation; and 

5 (V) adult education; 

6 (ii) all regions of the United States; 

7 and 

8 (iii) urban, rural, and suburban edu9 cational entities. 

10 (f) EVALUATION AND DISSEMINATION.— 

11 (1) EVALUATION.— 

12 (A) IN GENERAL.—Each eligible entity 

13 that receives a grant under this section shall 

14 conduct an assessment about the extent to 

15 which the eligible entity made progress on the 

16 indicators under subsection (c)(2)(A). 

17 (B) ASSESSMENT.—An eligible entity may 

18 work in partnership with the Institute of Edu19 cation Sciences to conduct such assessment. 

20 (C) USE BY SECRETARY.—Not later than 

21 1 year after receiving the grant award, the eli22 gible entity shall submit a report to the Sec23 retary containing the results of such assess24 ment. The Secretary shall use those reports in 

25 order to build the knowledge base on promising 


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1 models for preventing and reducing sex dis2 crimination across all areas and levels of edu3 cation. 

4 (2) DISSEMINATION.—The Secretary shall co5 ordinate with the Director of the Institute of Edu6 cation Sciences and other relevant Federal offices 

7 and agencies to— 

8 (A) ensure that the results of the activities 

9 carried out under this section are made readily 

10 available on the Office for Gender Equity re11 source center website; and 

12 (B) widely disseminate the results de13 scribed in subparagraph (A) to relevant Federal 

14 offices, and agencies, educational entities and 

15 the general public. 

16 SEC. 8. RESEARCH AND DEVELOPMENT. 

17 (a) IN GENERAL.—The Secretary shall coordinate 

18 with the Director of the Institute of Education Sciences 

19 and other relevant Federal offices and agencies and enti20 ties to investigate, identify, and disseminate best practices 

21 to fully implement title IX and reduce and prevent sex 

22 discrimination in all areas of education, including— 

23 (1) the reduction and prevention of sex stereo24 typing, bias, and discrimination in curricula, text25 books, software, and other educational materials; 


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1 (2) the development of policies and programs 

2 to— 

3 (A) address and prevent sexual and sex4 based harassment and violence; and 

5 (B) ensure that campuses are free from 

6 threats to the safety of students, teachers, fac7 ulty, and personnel; 

8 (3) the development and evaluation of— 

9 (A) counseling and career guidance train10 ing; and 

11 (B) programs to reduce and prevent sex 

12 stereotyping, bias, and discrimination; 

13 (4) best practices for mitigating implicit bias in 

14 teaching, discipline, and all areas of education; 

15 (5) best practices for addressing the needs of 

16 students who face compound discrimination; and 

17 (6) other activities that the Secretary deter18 mines are consistent with the purposes of this Act. 

19 (b) DISSEMINATION.—The best practices described 

20 under subsection (a) shall be published on the Office for 

21 Gender Equity resource center website, as described in 

22 section 5(b)(5), and the What Works Clearinghouse 

23 website of the Institute of Education Sciences. 


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1 SEC. 9. REPORT; DISSEMINATION. 

2 (a) REPORT TO CONGRESS.—Not later than 2 years 

3 after the date of enactment of this Act and every 2 years 

4 thereafter, the Secretary shall publish a report on the 

5 steps the Department of Education has taken to— 

6 (1) support educational entities in fully imple7 menting title IX and reducing and preventing sex 

8 discrimination; 

9 (2) provide coordination, training, and re10 sources for title IX coordinators to fully carry out 

11 their roles and responsibilities; and 

12 (3) promote equity in education for students 

13 who face compound discrimination. 

14 (b) DISSEMINATION.—The Secretary shall coordinate 

15 with the Director of the Institute of Education Sciences 

16 and the heads of relevant Federal agencies to ensure that 

17 the results of trainings, activities, evaluations, and re18 search developments under this Act are made readily 

19 available on the Office for Gender Equity resource center 

20 website and disseminated widely to other relevant Federal 

21 agencies and offices, educational entities, and the general 

22 public. 

23 SEC. 10. RULE OF CONSTRUCTION. 

24 Nothing in this Act shall be construed— 


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1 (1) as modifying any provision of title IX of the 

2 Education Amendments of 1972 (20 U.S.C. 1681 et 

3 seq.); or 

4 (2) as affecting the enforcement of such title by 

5 the Department of Education, the Department of 

6 Justice, or any other Federal agency. 

7 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) IN GENERAL.—There are authorized to be appro9 priated to carry out this Act $80,000,000 for each of fiscal 

10 years 2018 through 2022. 

11 (b) USE.—From amounts made available to carry out 

12 this Act for each fiscal year, the Secretary shall use not 

13 less than $70,000,000 of such amounts to award grants 

14 under section 7. 

Æ 


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