(1) IN GENERAL.—The Secretary of Education, 
in consultation with the Attorney General and the 
Director of the Centers for Disease Control of the 
Department of Health and Human Services, shall 
develop an empirically validated sex-based harass-
ment survey to be conducted on an anonymous basis 
of elementary school and secondary school students 
and staff. The survey shall assess the occurrence on 
school property, during the preceding calendar year 
for which data is available, of instances of sex-based 
harassment. The Secretary shall ensure that the sur-
vey questions vary between staff and students and 
for different age groups in order to ensure that the 
questions are developmentally appropriate. 
(2) DEVELOPMENT OF ADMINISTRATION MECH-
ANISM.—The Secretary of Education, in consultation 
with the Attorney General and the Director of the 
Centers for Disease Control of the Department of 
Health and Human Services, shall develop a mecha-
nism by which local educational agencies may, with 
respect to the survey developed pursuant to this sec-
tion— 
(A) administer such survey; and 
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(B) modify such survey to include addi-
tional elements or requirements, as determined 
by the agency. 
(3) LOCAL ADMINISTRATION.— 
(A) IN
GENERAL.—Beginning not later 
than 2 years after the date on which the Sec-
retary of Education makes available to local 
educational agencies the mechanism described 
in paragraph (2), and every year thereafter, 
each local educational agency that receives Fed-
eral financial assistance shall administer the 
survey developed pursuant to this section to ele-
mentary school and secondary school students 
and staff. 
(B) 
ACCESSIBILITY.—Local 
educational 
agencies shall ensure that the survey is admin-
istered in such a way as to be readily accessible 
to, and usable by, individuals with disabilities. 
(b) REQUIREMENTS.—The survey developed pursu-
ant to this section— 
(1) shall be fair and unbiased, be reliable, be 
trauma-informed, meet the highest standards of sur-
vey research, and notify the participant using age- 
appropriate language that anonymized results of the 
survey may be published; and 
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(2) shall ensure that the responses to the sur-
vey questions— 
(A) are collected by individuals who are 
not in daily or close contact with the students; 
and 
(B) in a case in which such responses are 
included in a report, do not include personally 
identifiable information. 
(c) STATISTICS.—Beginning 6 months after the re-
sults of the first survey developed pursuant to this section 
are available, the Secretary of Education, in consultation 
with the Attorney General and the Director of the Centers 
for Disease Control of the Department of Health and 
Human Services, shall compile statistics based upon their 
analysis of the results of such survey. Such officials shall 
update, conduct, and compile the results of, the survey 
every 2 years thereafter. The compiled statistics should 
be disaggregated by local educational agency, except that 
such disaggregation shall not be required in the case of 
a local educational agency of a size such that the results 
would reveal personally identifiable information about an 
individual student, in which case, an alternate basis for 
disaggregation shall be selected. 
(d) PUBLIC AVAILABILITY.—The statistics compiled 
under subsection (c) shall be made publicly available on 
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the website of the Department of Education and readily 
accessible to and usable by individuals, including individ-
uals with disabilities. 
(e) OPTIONS.—The survey shall give— 
(1) students the option to report their demo-
graphic information; and 
(2) parents and guardians of students the op-
tion to opt their student out of the survey. 
(f) TOPICS.—Survey questions included in the survey 
tool developed pursuant to this section— 
(1) shall be designed to gather information on 
student experiences with sex-based harassment; 
(2) shall use trauma-informed language to pre-
vent re-traumatization; and 
(3) subject to subsection (a), shall address— 
(A) whether the instances of sex-based 
harassment described were experienced in-per-
son or through electronic means; 
(B) the effectiveness of school sexual vio-
lence awareness and prevention programs and 
policies for the overall student body and dif-
ferent student populations, such as students of 
color, students in the LGBTQ communities, im-
migrant students, pregnant and parenting stu-
dents, and students with disabilities; 
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(C) students’ awareness of school policies 
and procedures, including the location and proc-
ess for accessing school resources, such as a 
Title IX Coordinator designated by the school 
pursuant to title IX of the Education Amend-
ments of 1972 (20 U.S.C. 1681 et seq.) and the 
regulations promulgated to carry out such title; 
(D) whether individuals impacted by sex- 
based harassment have experienced negative ef-
fects on their education, including diminished 
grades, dropped classes, or leaves of absence; 
(E) whether the alleged discrimination on 
the basis of sex or sex-based harassment was 
allegedly committed by a student, school em-
ployee, or volunteer and other contextual fac-
tors; 
(F) whether individuals impacted by sex- 
based harassment reported or did not report the 
incident to the school; 
(G) if such an individual did so report to 
the school, to whom they reported, and what re-
sponse the survivor received to include being in-
formed of, or referred to, national, State, local, 
tribal, or resources; 
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(H) if such an individual reported to the 
school— 
(i) did the school conduct an inves-
tigation; 
(ii) if an investigation was conducted, 
how long did the investigation take; and 
(iii) if an investigation was conducted, 
what was the final resolution of the inves-
tigation; 
(I) if such an individual did so report, 
whether they experienced retaliation following 
the reporting; 
(J) attitudes toward sexual violence and 
harassment, including individuals’ willingness to 
intervene as a bystander of sex-based, race- 
based, national-origin-based, sexual-orientation- 
based, gender-identity-based, and disability- 
based discrimination, harassment, assault, do-
mestic violence, dating violence, and stalking; 
(K) perception of school safety and con-
fidence in the school’s ability to appropriately 
address sex-based, race-based, national-origin- 
based, sexual-orientation-based, gender-identity- 
based, and disability-based discrimination, har-
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assment, assault, domestic violence, dating vio-
lence, and stalking; and 
(L) any other issues relating to sex-based, 
race-based, 
national-origin-based, 
sexual-ori-
entation-based, gender-identity-based, and dis-
ability-based discrimination, harassment, as-
sault, domestic violence, dating violence, and 
stalking, as appropriate. 
(g) COMPLETED SURVEYS.—The Secretary of Edu-
cation shall require each local educational agency that ad-
ministers the survey tool developed pursuant to this sec-
tion to ensure, to the maximum extent practicable, that 
an adequate, random, and representative sample size of 
students (as determined by the Secretary) enrolled at ele-
mentary schools and secondary schools under the jurisdic-
tion of the agency complete the survey tool developed pur-
suant to this section. 
(h) REPORTS.—Beginning not later than 5 years 
after the date of the enactment of this Act, the Secretary 
of Education— 
(1) shall prepare an annual report on the infor-
mation gained from the standardized elements of the 
survey under this section and publish such report in 
an accessible format on the website of the Depart-
ment of Education, including as part of any online 
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consumer tool offered or supported by the Depart-
ment of Education that provides information to stu-
dents regarding specific educational institutions; and 
(2) shall submit such report to the Congress. 
(i) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $10,000,000 to carry 
out this section for each of the first five fiscal years that 
begin after the date of the enactment of this Act. 
SEC. 5. RULE OF CONSTRUCTION. 
Nothing in this Act shall be construed to preempt, 
invalidate, or limit rights, remedies, procedures, or legal 
standards available to victims of discrimination or retalia-
tion under any other Federal law or law of a State or polit-
ical subdivision of a State, including titles VI and VII of 
the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), 
title IX of the Education Amendments of 1972 (20 U.S.C. 
1681 et seq.), section 504 of the Rehabilitation Act of 
1973 (29 U.S.C. 794), the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12101 et seq.), or section 1979 of the 
Revised Statutes (42 U.S.C. 1983). The obligations im-
posed by this Act are in addition to those imposed by those 
Acts. 
SEC. 6. SENSE OF CONGRESS. 
It is the sense of the Congress that it is valuable for 
students to have access to confidential reporting of sex- 
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based harassment and abuse, and schools should attempt 
to provide that to the extent possible in accordance with 
State and local laws. 
SEC. 7. DEFINITIONS. 
In this Act: 
(1) The term ‘‘dating violence’’ means violence 
committed by a person who is or has been in a social 
relationship of a romantic or intimate nature with 
the victim. 
(2) The term ‘‘discrimination on the basis of 
sex’’ includes discrimination on the basis of sex 
stereotypes, sex characteristics, pregnancy or related 
conditions, sexual orientation, and gender identity. 
(3) The term ‘‘domestic violence’’ means felony 
or misdemeanor crimes of violence committed by a 
person who— 
(A) is a current or former spouse or inti-
mate partner of the victim under the family or 
domestic violence laws of the jurisdiction of the 
recipient, or a person similarly situated to a 
spouse of the victim; 
(B) is cohabitating, or has cohabitated, 
with the victim as a spouse or intimate partner; 
(C) shares a child in common with the vic-
tim; or 
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(D) commits acts against a youth or adult 
victim who is protected from those acts under 
the family or domestic violence laws of the ju-
risdiction. 
(4) The term ‘‘elementary school’’ means— 
(A) an elementary school as defined by sec-
tion 8101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801); and 
(B) a public or private preschool. 
(5) The term ‘‘Federal financial assistance’’ 
means any of the following, when authorized or ex-
tended under a law administered by the Secretary: 
(A) A grant or loan of Federal financial 
assistance, including funds made available for— 
(i) the acquisition, construction, ren-
ovation, restoration, or repair of a building 
or facility or any portion thereof; and 
(ii) scholarships, loans, grants, wages 
or other funds extended to any entity for 
payment to or on behalf of students admit-
ted to that entity, or extended directly to 
such students for payment to that entity. 
(B) A grant of Federal real or personal 
property or any interest therein, including sur-
plus property, and the proceeds of the sale or 
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transfer of such property, if the Federal share 
of the fair market value of the property is not, 
upon such sale or transfer, properly accounted 
for to the Federal Government. 
(C) Provision of the services of Federal 
personnel. 
(D) Sale or lease of Federal property or 
any interest therein at nominal consideration, 
or at consideration reduced for the purpose of 
assisting the recipient or in recognition of pub-
lic interest to be served thereby, or permission 
to use Federal property or any interest therein 
without consideration. 
(E) Any other contract, agreement, or ar-
rangement which has as one of its purposes the 
provision of assistance to any education pro-
gram or activity, except a contract of insurance 
or guaranty. 
(6) The term ‘‘institution of vocational edu-
cation’’ means a school or institution (except an in-
stitution of professional or graduate or under-
graduate higher education) which has as its primary 
purpose preparation of students to pursue a tech-
nical, skilled, or semiskilled occupation or trade, or 
to pursue study in a technical field, whether or not 
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the school or institution offers certificates, diplomas, 
or degrees and whether or not it offers full-time 
study. 
(7) The term ‘‘local educational agency’’ has 
the meaning given such term in section 8101 of the 
Elementary and Secondary Education Act of 1965 
(8 U.S.C. 7801). 
(8) The term ‘‘pregnancy or related conditions’’ 
includes— 
(A) pregnancy, childbirth, termination of 
pregnancy, or lactation; 
(B) medical conditions related to preg-
nancy, childbirth, termination of pregnancy, or 
lactation, 
including 
preeclampsia, 
mastitis, 
pregnancy-related nausea or vomiting, fatigue, 
dehydration, and postpartum depression; and 
(C) recovery from pregnancy, childbirth, 
termination of pregnancy, lactation, or their re-
lated medical conditions. 
(9) The term ‘‘recipient’’ means any State or 
political subdivision thereof, or any instrumentality 
of a State or political subdivision thereof, any public 
or private agency, institution, or organization, or 
other entity, or any person, to whom Federal finan-
cial assistance is extended directly or through an-
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other recipient and which operates an education pro-
gram or activity which receives such assistance, in-
cluding any subunit, successor, assignee, or trans-
feree thereof. 
(10) The term ‘‘secondary school’’ means— 
(A) a secondary school as defined by sec-
tion 8101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801); and 
(B) an institution of vocational education 
that serves secondary school students. 
(11) The term ‘‘Secretary’’ means the Secretary 
of Education. 
(12) 
The 
term 
‘‘sex-based 
harassment’’ 
means— 
(A) sexual harassment; 
(B) harassment on the basis of sex stereo-
types, sex characteristics, pregnancy or related 
conditions, sexual orientation, or gender iden-
tity; and 
(C) other conduct on the basis of sex that 
is one of the following: 
(i) Quid pro quo harassment where an 
employee, agent, or other person author-
ized by the recipient to provide an aid, 
benefit, or service under the recipient’s 
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education program or activity explicitly or 
impliedly conditioning the provision of such 
an aid, benefit, or service on a person’s 
participation in unwelcome sexual conduct. 
(ii) Hostile environment harassment 
consisting of unwelcome sex-based conduct 
that is sufficiently severe or pervasive, 
that, based on the totality of the cir-
cumstances and evaluated subjectively and 
objectively, denies or limits a person’s abil-
ity to participate in or benefit from the re-
cipient’s education program or activity. 
(iii) Sexual assault. 
(iv) Dating violence. 
(v) Domestic violence. 
(vi) Stalking. 
(13) The term ‘‘sexual assault’’ means an of-
fense classified as a forcible or nonforcible sex of-
fense under the uniform crime reporting system of 
the Federal Bureau of Investigation. 
(14) The term ‘‘stalking’’ means engaging in a 
course of conduct directed at a specific person that 
would cause a reasonable person to— 
(A) fear for the person’s safety or the safe-
ty of others; or 
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(B) suffer substantial emotional distress. 
(15) The term ‘‘Title IX Coordinator’’ means— 
(A) the employee of a recipient designated 
or authorized to coordinate the recipient’s ef-
forts to comply with its responsibilities under 
title IX of the Education Amendments of 1972 
(20 U.S.C. 1681 et seq.) and the regulations 
promulgated to carry out such title; or 
(B) one or more designees selected to carry 
out some of the recipient’s responsibilities for 
compliance with title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681 et seq.), 
and the regulations promulgated to carry out 
such title, under the condition that one Title IX 
Coordinator must retain ultimate oversight over 
those responsibilities. 
Æ 
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