I 

118TH CONGRESS 

1ST SESSION H. R. 5276 

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

students from sexual abuse, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 25, 2023 

Mr. LIEU introduced the following bill; which was referred to the Committee 

on Education and the Workforce 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965 to protect students from sexual abuse, 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 ‘‘Preventing Sexual 

5 Abuse of K–12 Students Act of 2023’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Child sexual abuse victims are at greater 

9 risk of experiencing feelings of guilt and shame, suf10 fering from low self-esteem, and developing subVerDate Sep 11 2014 02:32 Aug 26, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5276.IH H5276

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1 stance abuse symptoms, depression, and post-trau2 matic stress disorder. 

3 (2) A 2004 study by the Department of Edu4 cation indicated that 9.6 percent of students in sec5 ondary schools reported that they had been sub6 jected to sexual misconduct by school personnel. 

7 (3) A 2014 report by the Government Account8 ability Office revealed that only 42 States had codes 

9 of conduct for school personnel of which only 22 

10 dealt with appropriate relationships between per11 sonnel and students. 

12 (4) Such 2014 report by GAO also revealed 

13 that only 18 States mandated that school districts 

14 provide sexual abuse and misconduct awareness and 

15 prevention training. 

16 (5) Title IX of the Education Amendments of 

17 1972 (20 U.S.C. 1681 et seq.), which prohibits sex 

18 discrimination in education programs or activities 

19 receiving federal funds, requires elementary and sec20 ondary schools to protect students from sexual abuse 

21 and misconduct. 

22 (6) Educators are dedicated and tireless indi23 viduals serving our communities and they make in24 valuable contributions to our country by preparing 

25 students for the future. They work to provide chilVerDate Sep 11 2014 02:32 Aug 26, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5276.IH H5276

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1 dren with safe and secure environments in which to 

2 learn and these safe environments should be 

3 strengthened by including the resources and training 

4 necessary to help prevent the sexual abuse of stu5 dents. 

6 (7) It is in the interest of the United States to 

7 protect students in elementary and secondary 

8 schools from sexual abuse and misconduct. 

9 SEC. 3. SEXUAL ABUSE AWARENESS TRAINING. 

10 (a) IN GENERAL.—Subpart 2 of part F of title VIII 

11 of the Elementary and Secondary Education Act of 1965 

12 (20 U.S.C. 7901 et seq.) is amended by adding at the end 

13 the following: 

14 ‘‘SEC. 8549D. SEXUAL ABUSE AWARENESS TRAINING. 

15 ‘‘Each State receiving funds under this Act shall es16 tablish and implement a statewide policy requiring each 

17 local educational agency to— 

18 ‘‘(1) develop codes of conduct to prevent sexual 

19 abuse of students by identifying acceptable and un20 acceptable behavior for— 

21 ‘‘(A) school personnel with respect to rela22 tionships with students; and 

23 ‘‘(B) students with respect to relationships 

24 with other students; and 


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1 ‘‘(2) ensure that school personnel receive train2 ing on— 

3 ‘‘(A) the codes of conduct described in 

4 paragraph (1); 

5 ‘‘(B) Federal and State requirements with 

6 respect to reporting child abuse; 

7 ‘‘(C) the requirements under title IX of the 

8 Education Amendments of 1972 (20 U.S.C. 

9 1681 et seq.) with respect to protecting stu10 dents in elementary and secondary schools from 

11 sexual abuse and misconduct; and 

12 ‘‘(D) sexual abuse and misconduct aware13 ness and prevention.’’. 

14 (b) FUNDING.— 

15 (1) GRANTS FOR STATE ASSESSMENTS.—Sec16 tion 1201(a) of the Elementary and Secondary Edu17 cation Act of 1965 (20 U.S.C. 6361(a)) is amended 

18 by adding at the end the following: 

19 ‘‘(3) To carry out sexual abuse awareness train20 ing under section 8549D.’’. 

21 (2) TYPES OF STATE ACTIVITIES.—Section 

22 2101(c)(4)(B) of the Elementary and Secondary 

23 Education Act of 1965 (20 U.S.C. 6611(c)(4)(B)) is 

24 amended by adding at the end the following: 


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1 ‘‘(xxii) Carrying out sexual abuse 

2 awareness training under section 8549D.’’. 

3 (3) LOCAL USES OF FUNDS.—Section 

4 2103(b)(3)(L) of the Elementary and Secondary 

5 Education Act of 1965 (20 U.S.C. 6613(b)(3)(L)) is 

6 amended by inserting ‘‘and carrying out sexual 

7 abuse awareness training under section 8549D’’ be8 fore the semicolon. 

9 (4) STUDENT SUPPORT AND ACADEMIC ENRICH10 MENT GRANTS.—Section 4108(5) of the Elementary 

11 and Secondary Education Act of 1965 (20 U.S.C. 

12 7118(5)) is amended— 

13 (A) in subparagraph (H)(iii), by striking 

14 ‘‘or’’ at the end; 

15 (B) in subparagraph (I), by striking the 

16 period at the end and inserting ‘‘; or’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(J) carrying out sexual abuse awareness train19 ing under section 8549D.’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall take effect on the date that is 2 years 

22 after the date of the enactment of this Act. 


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1 SEC. 4. REPORT. 

2 Not later than 1 year after the date of the enactment 

3 of this Act, the Secretary of Education shall conduct a 

4 study and submit a report to Congress that includes— 

5 (1) the incidence of sexual abuse of elementary 

6 and secondary school students by— 

7 (A) other students; and 

8 (B) school personnel; and 

9 (2) recommendations with respect to preventing 

10 the sexual abuse described in paragraph (1). 

Æ 


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