II

103D CONGRESS

1ST SESSION S. 1464

To amend the Elementary and Secondary Education Act of 1965 to ensure

gender equity in education, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 15 (legislative day, SEPTEMBER 7), 1993

Mr. SIMON (for himself, Mr. KENNEDY, Mr. HARKIN, Ms. MIKULSKI, Ms.

MOSELEY-BRAUN, Mr. SARBANES, Mr. INOUYE, Mrs. BOXER, and Mrs.

MURRAY) introduced the following bill; which was read twice and referred

to the Committee on Labor and Human Resources

A BILL

To amend the Elementary and Secondary Education Act

of 1965 to ensure gender equity in education, and for

other purposes.

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 ‘‘Women’s Educational

5 Equity Restoration Act of 1993’’.
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1 SEC. 2. ESTABLISHMENT OF THE OFFICE OF GENDER

2 EQUITY.

3 (a) OFFICE OF GENDER EQUITY.—The Department

4 of Education Organization Act (20 U.S.C. 3401 et seq.)

5 is amended—

6 (1) by redesignating section 215 as 216; and

7 (2) by inserting after section 214 the following

8 new section:

9 ‘‘SEC. 215. OFFICE OF GENDER EQUITY.

10 ‘‘(a) There shall be in the Department, an Office of

11 Gender Equity, to be administered by a Director of Gen12 der Equity, who shall be appointed by the Secretary. The

13 Director shall—

14 ‘‘(1) promote, coordinate and evaluate gender

15 equity programs;

16 ‘‘(2) disseminate information, provide technical

17 assistance, and coordinate research activities, re18 garding gender equity;

19 ‘‘(3) administer gender equity grant programs;

20 ‘‘(4) report directly to the Secretary; and

21 ‘‘(5) perform such additional functions as the

22 Secretary shall prescribe.

23 ‘‘(b) The Director shall, not later than September 30

24 of each fiscal year, submit a report to the President and

25 the Congress setting forth descriptions and evaluations of

26 the programs and activities assisted under the Women’s
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1 Educational Equity Act of 1993, and provide for the dis2 tribution of such report to all interested groups and indi3 viduals.’’.

4 (b) ORGANIZATIONAL ENTITY.—For purposes of sec5 tion 413(a) of the Department of Education Organization

6 Act, the Office of Gender Equity shall be considered to

7 be an organizational entity established under such Act and

8 shall not be subject to the reorganization authority of the

9 Secretary of Education under such section or any other

10 provision of law.

11 SEC. 3. GENDER EQUITY IN EDUCATION.

12 Part A of title IV of the Elementary and Secondary

13 Education Act of 1965 (20 U.S.C. 3041 et seq.) is amend14 ed to read as follows:

15 ‘‘PART A—WOMEN’S EDUCATIONAL EQUITY ACT

16 ‘‘SEC. 4001. SHORT TITLE.

17 ‘‘This part may be cited as the ‘Women’s Educational

18 Equity Act of 1993’.

19 ‘‘SEC. 4002. FINDINGS AND STATEMENT OF PURPOSE.

20 ‘‘(a) FINDINGS.—The Congress finds and declares

21 that—

22 ‘‘(1) educational programs in the United States

23 are frequently inequitable as such programs relate to

24 women and girls;
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1 ‘‘(2) such inequities limit the full participation

2 of all individuals in American society; and

3 ‘‘(3) efforts to improve the quality of public

4 education also must include efforts to ensure equity

5 in education programs for all women and girls.

6 ‘‘(b) PURPOSE.—It is the purpose of this part—

7 ‘‘(1) to provide gender equity in education in

8 the United States;

9 ‘‘(2) to provide financial assistance to enable

10 educational agencies and institutions to meet the re11 quirements of title IX of the Educational Amend12 ments of 1972; and

13 ‘‘(3) to provide equity in education to women

14 and girls who suffer multiple forms of discrimination

15 based on sex, race, ethnic origin, limited English

16 proficiency, disability, or age.

17 ‘‘SEC. 4003. PROGRAMS AUTHORIZED.

18 ‘‘The Director of the Office of Gender Equity (here19 after in this part referred to as the ‘Director’) is author20 ized—

21 ‘‘(1) to promote, coordinate and evaluate gen22 der equity policies, programs, activities and initia23 tives in all Federal education programs and offices;
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1 ‘‘(2) to develop, maintain, and disseminate ma2 terials, resources, analyses and research relating to

3 education equity for women and girls;

4 ‘‘(3) to provide information and technical as5 sistance to assure the effective implementation of

6 gender equity programs;

7 ‘‘(4) coordinate gender equity programs and ac8 tivities with other Federal departments and agencies

9 that have jurisdiction over education and related

10 programs;

11 ‘‘(5) to provide grants to develop model equity

12 programs;

13 ‘‘(6) to provide funds for the implementation of

14 equity programs in schools throughout the Nation;

15 and

16 ‘‘(7) to coordinate or provide any other activi17 ties consistent with achieving the purposes of this

18 part.

19 ‘‘SEC. 4004. LOCAL IMPLEMENTATION GRANTS.

20 ‘‘(a) AUTHORITY.—The Secretary is authorized to

21 make grants to, and enter into contracts with, public agen22 cies, private nonprofit agencies, organizations, and institu23 tions, including student and community groups, for activi24 ties designed to achieve the purposes of this part at all

25 levels of education, including preschool, elementary and
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1 secondary education, higher education, adult education

2 and vocational and technical education, for the establish3 ment and operation, for a period not exceeding 4 years,

4 of local programs—

5 ‘‘(1) to ensure educational equity for women

6 and girls;

7 ‘‘(2) to ensure equal opportunities for both

8 sexes; and

9 ‘‘(3) that conduct activities incident to achiev10 ing compliance with title IX of the Education

11 Amendments of 1972.

12 ‘‘(b) AUTHORIZED ACTIVITIES.—An entity described

13 in subsection (a) may use funds under this part for—

14 ‘‘(1) introduction into the curriculum and class15 room of curricula, textbooks, and other material de16 signed to achieve equity for women and girls;

17 ‘‘(2) implementation of preservice and inservice

18 training with special emphasis on programs and ac19 tivities designed to provide educational equity for

20 women and girls;

21 ‘‘(3) evaluation of promising or exemplary

22 model programs to assess the ability of such pro23 grams to improve local efforts to advance edu24 cational equity for women and girls;
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1 ‘‘(4) implementation of programs and policies

2 to address sexual harassment and violence against

3 women and girls and to ensure that educational in4 stitutions are free from threats to the safety of stu5 dents and personnel;

6 ‘‘(5) implementation of guidance and counseling

7 activities, including career education programs, de8 signed to ensure educational equity for women and

9 girls;

10 ‘‘(6) implementation of nondiscriminatory tests

11 of aptitude and achievement and of alternative as12 sessments that eliminate biased assessment instru13 ments from use;

14 ‘‘(7) implementation of programs to increase

15 educational opportunities, including higher edu16 cation, vocational training, and other educational

17 programs for low-income women, including under18 employed and unemployed women and women receiv19 ing Aid to Families with Dependent Children;

20 ‘‘(8) implementation of programs to improve

21 representation of women in all levels of educational

22 administration;

23 ‘‘(9) implementation of comprehensive health

24 education programs, including pregnancy and AIDS

25 prevention for women and girls; and
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1 ‘‘(10) planning, development and initial imple2 mentation of—

3 ‘‘(A) comprehensive plans for implementa4 tion of equity programs in State and local edu5 cational agencies and institutions of higher edu6 cation, including community colleges;

7 ‘‘(B) innovative approaches to school-com8 munity partnerships for educational equity; and

9 ‘‘(C) innovative approaches to equity pro10 grams addressing combined bias, stereotyping,

11 and discrimination on the basis of sex and race,

12 ethnic origin, limited English proficiency, or

13 disability.

14 ‘‘(c) APPLICATION; PARTICIPATION.—A grant may be

15 made, and a contract may be entered into, under this part

16 only upon application to the Secretary, at such time, in

17 such form, and containing or accompanied by such infor18 mation as the Secretary may prescribe. Each such applica19 tion shall—

20 ‘‘(1) provide that the program or activity for

21 which assistance is sought will be administered by or

22 under the supervision of the applicant and in co23 operation with appropriate educational and commu24 nity leaders, including parent, teacher and student

25 organizations, educational institutions, business
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1 leaders, community-based organizations serving

2 women, and other significant groups and individuals;

3 ‘‘(2) describe a program for carrying out the

4 purposes described in section 4002(b) which is likely

5 to make a substantial contribution in attaining such

6 purposes;

7 ‘‘(3) describe plans for continuation and institu8 tionalization of the program with local support fol9 lowing completion of the grant period and termi10 nation of Federal support under this part; and

11 ‘‘(4) establish policies and procedures which en12 sure adequate documentation and evaluation of the

13 activities described in the application.

14 ‘‘(d) CRITERIA; PRIORITIES; CATEGORIES OF COM15 PETITION.—The Secretary shall establish criteria, prior16 ities, and categories of competition for awards under this

17 part to ensure that funds under this part are used to

18 achieve the purposes of this part.

19 ‘‘(1) CRITERIA.—The criteria shall address the

20 extent to which—

21 ‘‘(A) the program addresses the needs of

22 all targeted participants, including those who

23 suffer multiple discrimination based on sex,

24 race, ethnic origin, or age;
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1 ‘‘(B) the program meets locally defined

2 and documented educational equity needs and

3 priorities, including compliance with the re4 quirements of title IX of the Education Amend5 ments of 1972;

6 ‘‘(C) the program is a significant compo7 nent of a comprehensive plan for educational

8 equity and for compliance with the require9 ments of title IX of the Education Amendments

10 of 1972 in the particular local educational

11 agency, institution of higher education, voca12 tional-technical institution, or other educational

13 agency or institution; and

14 ‘‘(D) the program implements an institu15 tional strategy with long-term impact that will

16 continue as a central activity of the applicant

17 entity after the grant is completed.

18 ‘‘(2) PRIORITY.—The Secretary shall give prior19 ity in awarding grants under this part to applica20 tions describing projects which—

21 ‘‘(A) demonstrate adherence to research22 based principles for improving gender equity

23 and incorporate multiple strategies for achiev24 ing gender equity; and
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1 ‘‘(B) effectively address the educational

2 needs of all women and girls, including women

3 and girls who suffer multiple or compound dis4 crimination based on sex and on race, ethnic or5 igin, disability, or age.

6 ‘‘(3) CATEGORIES OF COMPETITION.—The Sec7 retary shall ensure that the total of grants awarded

8 under this part in each fiscal year address—

9 ‘‘(A) all levels of education, including pre10 school, elementary and secondary education,

11 higher education, vocational education, and

12 adult education;

13 ‘‘(B) all regions of the United States, in14 cluding at least 1 grant in each of the 10 Fed15 eral education regions; and

16 ‘‘(C) rural, suburban, and urban edu17 cational institutions.

18 ‘‘(e) USE OF FUNDS LIMITATION.—Not less than 50

19 percent of the funds awarded under this part shall be used

20 to support activities or projects involving users at the level

21 of elementary and secondary education.

22 ‘‘SEC. 4005. RESEARCH AND DEVELOPMENT GRANTS.

23 ‘‘(a) AUTHORITY.—The Secretary is authorized to

24 make grants to, and enter into contracts with, individuals,

25 public agencies, private nonprofit agencies, organizations,
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1 and institutions, including student and community groups,

2 for activities designed to achieve the purpose of this part

3 at all levels of education, including preschool, elementary

4 and secondary education, higher education, adult edu5 cation, and vocational-technical education, to develop

6 model policies and programs, and to conduct research to

7 address and ensure educational equities for women and

8 girls, including—

9 ‘‘(1) the development and evaluation of gender10 equitable curricula, textbooks, software, and other

11 educational material and technology;

12 ‘‘(2) the development of model preservice and

13 inservice training programs for educational person14 nel with special emphasis on programs and activities

15 designed to provide educational equity;

16 ‘‘(3) the development of guidance and counsel17 ing activities, including career education programs,

18 designed to ensure gender equity;

19 ‘‘(4) the development and evaluation of non20 discriminatory assessment systems;

21 ‘‘(5) the development of policies and programs

22 to address and prevent sexual harassment and vio23 lence to ensure that educational institutions are free

24 from threats to safety of students and personnel;
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1 ‘‘(6) the development and improvement of pro2 grams and activities to increase opportunity for

3 women, including continuing educational activities,

4 vocational education, and programs for low-income

5 women, including underemployed and unemployed

6 women, and women receiving Aid to Families with

7 Dependent Children;

8 ‘‘(7) the development of instruments and strate9 gies for program evaluation and dissemination of

10 promising or exemplary programs designed to im11 prove local efforts to achieve gender equity;

12 ‘‘(8) the development of instruments and proce13 dures to assess the presence or absence of gender

14 equity in educational settings; and

15 ‘‘(9) the development and evaluation of various

16 strategies to institutionalize gender equity in edu17 cation.

18 ‘‘(b) APPLICATION.—A grant may be made, and a

19 contract may be entered into, under this part only upon

20 application to the Secretary, at such time, in such form,

21 and containing or accompanied by such information as the

22 Secretary may prescribe. Each such application shall—

23 ‘‘(1) provide that the program or activity for

24 which assistance is sought will be administered by or

25 under the supervision of the applicant;
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1 ‘‘(2) describe a plan for carrying out 1 or more

2 research and development activities described in sub3 section (a), which is likely to make a substantial

4 contribution toward attaining the purposes of this

5 part; and

6 ‘‘(3) set forth policies and procedures which en7 sure adequate documentation, data collection, and

8 evaluation of the activities intended to be carried out

9 under the application, including an evaluation or es10 timate of the potential for continued significance fol11 lowing completion of the grant period.

12 ‘‘(c) CRITERIA AND PRIORITIES.—

13 ‘‘(1) IN GENERAL.—The Secretary shall estab14 lish criteria and priorities to ensure that funds

15 under this part are used for programs that most ef16 fectively achieve the purposes of this part.

17 ‘‘(2) SPECIAL RULE.—The criteria and prior18 ities described in paragraph (1) shall be promul19 gated in accordance with section 431 of the General

20 Education Provisions Act.

21 ‘‘(3) NUMBER.—In establishing priorities pur22 suant to paragraph (1) the Secretary shall establish

23 not more than 4 priorities, 1 of which shall be a pri24 ority for a program which addresses the educational

25 needs of women and girls who suffer multiple or
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1 compound discrimination based on sex and on race,

2 ethnic origin, disability, or age.

3 ‘‘(d) SPECIAL RULE.—The Secretary shall ensure

4 that the total of grants awarded under this part in each

5 fiscal year address all levels of education, including pre6 school, elementary and secondary education, higher edu7 cation, vocational education, and adult education.

8 ‘‘(e) DISTRIBUTION RULE.—The Secretary shall give

9 due consideration to distributing grants among—

10 ‘‘(1) institutions of higher education, nonprofit

11 organizations, State and local educational agencies,

12 and elementary and secondary schools; and

13 ‘‘(2) all regions of the United States.

14 ‘‘(f) LIMITATION.—Nothing in this part shall be con15 strued as prohibiting men and boys from participating in

16 any programs or activities assisted under this part.

17 ‘‘SEC. 4006. AUTHORIZATION OF APPROPRIATIONS.

18 ‘‘(a) SECTION 4004.—There are authorized to be ap19 propriated $20,000,000 for the fiscal year 1994, and such

20 sums as may be necessary for each of the fiscal years

21 1995, 1996, 1997, and 1998, to carry out the provisions

22 of section 4004 of this part.

23 ‘‘(b) SECTION 4005.—There are authorized to be ap24 propriated $10,000,000 for the fiscal year 1994, and such

25 sums as may be necessary for each of the fiscal years
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1 1995, 1996, 1997, and 1998, to carry out the provisions

2 of section 4005 of this part.’’.

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