public schools on the basis of sexual orientation or 
gender identity; and 
(5) to allow the Department of Education to ef-
fectively combat discrimination based on sexual ori-
entation or gender identity in public schools through 
regulation and enforcement, as the Department has 
issued regulations under and enforced title IX of the 
Education Amendments of 1972 and other non-
discrimination laws in a manner that effectively ad-
dresses discrimination. 
SEC. 3. DEFINITIONS. 
For purposes of this Act: 
(1) PROGRAM OR ACTIVITY.—The terms ‘‘pro-
gram or activity’’ and ‘‘program’’ have same mean-
ings given such terms as applied under section 606 
of the Civil Rights Act of 1964 (42 U.S.C. 2000d– 
4a) to the operations of public entities under para-
graph (2)(B) of such section. 
(2) GENDER
IDENTITY.—The term ‘‘gender 
identity’’ means the gender-related identity, appear-
ance, or mannerisms or other gender-related charac-
teristics of an individual, with or without regard to 
the individual’s designated sex at birth. 
(3) HARASSMENT.—The term ‘‘harassment’’ 
means conduct that is sufficiently severe, persistent, 
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or pervasive to limit a student’s ability to participate 
in or benefit from a public school education program 
or activity, or to create a hostile or abusive edu-
cational environment at a public school, including 
acts of verbal, nonverbal, or physical aggression, in-
timidation, or hostility, if such conduct is based 
on— 
(A) a student’s actual or perceived sexual 
orientation or gender identity; or 
(B) the actual or perceived sexual orienta-
tion or gender identity of a person or persons 
with whom a student associates or has associ-
ated. 
(4) PUBLIC
SCHOOLS.—The term ‘‘public 
schools’’ means public elementary and secondary 
schools, including local educational agencies, edu-
cational service agencies, and State educational 
agencies, as defined in section 9101 of the Elemen-
tary and Secondary Education Act of 1965. 
(5) SEXUAL ORIENTATION.—The term ‘‘sexual 
orientation’’ means homosexuality, heterosexuality, 
or bisexuality. 
(6) STUDENT.—The term ‘‘student’’ means an 
individual who is enrolled in a public school or who, 
regardless of official enrollment status, attends 
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classes or participates in a public school’s programs 
or educational activities. 
SEC. 4. PROHIBITION AGAINST DISCRIMINATION; EXCEP-
TIONS. 
(a) IN GENERAL.—No student shall, on the basis of 
actual or perceived sexual orientation or gender identity 
of such individual or of a person with whom the student 
associates or has associated, be excluded from participa-
tion in, or be denied the benefits of, or be subjected to 
discrimination under any program or activity receiving 
Federal financial assistance. 
(b) HARASSMENT.—For purposes of this Act, dis-
crimination includes, but is not limited to, harassment of 
a student on the basis of actual or perceived sexual ori-
entation or gender identity of such student or of a person 
with whom the student associates or has associated. 
(c) RETALIATION PROHIBITED.— 
(1) PROHIBITION.—No person shall be excluded 
from participation in, be denied the benefits of, or 
be subjected to discrimination, retaliation, or re-
prisal under any program or activity receiving Fed-
eral financial assistance based on his or her opposi-
tion to conduct made unlawful by this Act. 
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(2) DEFINITION.—For purposes of this sub-
section, ‘‘opposition to conduct made unlawful by 
this Act’’ includes, but is not limited to— 
(A) opposition to conduct reasonably be-
lieved to be made unlawful by this Act, 
(B) any formal or informal report, whether 
oral or written, to any governmental entity, in-
cluding public schools and employees thereof, 
regarding conduct made unlawful by this Act or 
reasonably believed to be made unlawful by this 
Act, 
(C) participation in any investigation, pro-
ceeding, or hearing related to conduct made un-
lawful by this Act or reasonably believed to be 
made unlawful by this Act, and 
(D) assistance or encouragement provided 
to any other person in the exercise or enjoy-
ment of any right granted or protected by this 
Act, 
if in the course of that expression, the person in-
volved does not purposefully provide information 
known to be false to any public school or other gov-
ernmental entity regarding a violation, or alleged 
violation, of this Act. 
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SEC. 5. FEDERAL ADMINISTRATIVE ENFORCEMENT; RE-
PORT TO CONGRESSIONAL COMMITTEES. 
Each Federal department and agency which is em-
powered to extend Federal financial assistance to any edu-
cation program or activity, by way of grant, loan, or con-
tract other than a contract of insurance or guaranty, is 
authorized and directed to effectuate the provisions of sec-
tion 4 of this Act with respect to such program or activity 
by issuing rules, regulations, or orders of general applica-
bility which shall be consistent with achievement of the 
objectives of the Act authorizing the financial assistance 
in connection with which the action is taken. No such rule, 
regulation, or order shall become effective unless and until 
approved by the President. Compliance with any require-
ment adopted pursuant to this section may be effected— 
(1) by the termination of or refusal to grant or 
to continue assistance under such program or activ-
ity to any recipient as to whom there has been an 
express finding on the record, after opportunity for 
hearing, of a failure to comply with such require-
ment, but such termination or refusal shall be lim-
ited to the particular political entity, or part thereof, 
or other recipient as to whom such a finding has 
been made, and shall be limited in its effect to the 
particular program, or part thereof, in which such 
noncompliance has been so found, or 
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(2) by any other means authorized by law, 
except that no such action shall be taken until the depart-
ment or agency concerned has advised the appropriate per-
son or persons of the failure to comply with the require-
ment and has determined that compliance cannot be se-
cured by voluntary means. In the case of any action termi-
nating, or refusing to grant or continue, assistance be-
cause of failure to comply with a requirement imposed 
pursuant to this section, the head of the Federal depart-
ment or agency shall file with the committees of the House 
and Senate having legislative jurisdiction over the pro-
gram or activity involved a full written report of the cir-
cumstances and the grounds for such action. No such ac-
tion shall become effective until 30 days have elapsed after 
the filing of such report. 
SEC. 6. CAUSE OF ACTION. 
(a) CAUSE OF ACTION.—Subject to subsection (c) of 
this section, an aggrieved individual may assert a violation 
of this Act in a judicial proceeding. Aggrieved persons may 
be awarded all appropriate relief, including but not limited 
to equitable relief, compensatory damages, cost of the ac-
tion, and remedial action. 
(b) RULE OF CONSTRUCTION.—This section shall not 
be construed to preclude an aggrieved individual from ob-
taining other remedies under any other provision of law 
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or to require such individual to exhaust any administrative 
complaint process or notice-of-claim requirement before 
seeking redress under this section. 
(c) STATUTE OF LIMITATIONS.—For actions brought 
pursuant to this section, the statute of limitations period 
shall be determined in accordance with section 1658(a) of 
title 28 of the United States Code. The tolling of any such 
limitations period shall be determined in accordance with 
the law governing actions under section 1979 of the Re-
vised Statutes (42 U.S.C. 1983) in the forum State. 
SEC. 7. STATE IMMUNITY. 
(a) STATE IMMUNITY.—A State shall not be immune 
under the 11th Amendment to the Constitution of the 
United States from suit in Federal court for a violation 
of this Act. 
(b) WAIVER.—A State’s receipt or use of Federal fi-
nancial assistance for any program or activity of a State 
shall constitute a waiver of sovereign immunity, under the 
11th Amendment to the Constitution or otherwise, to a 
suit brought by an aggrieved individual for a violation of 
section 4 of this Act. 
(c) REMEDIES.—In a suit against a State for a viola-
tion of this Act, remedies (including remedies both at law 
and in equity) are available for such a violation to the 
same extent as such remedies are available for such a vio-
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lation in the suit against any public or private entity other 
than a State. 
SEC. 8. ATTORNEY’S FEES. 
Section 722(b) of the Revised Statutes (42 U.S.C. 
1988(b)) is amended by inserting ‘‘the Student Non-
discrimination Act of 2011,’’ after ‘‘Religious Land Use 
and Institutionalized Persons Act of 2000,’’. 
SEC. 9. EFFECT ON OTHER LAWS. 
(a) FEDERAL
AND
STATE
NONDISCRIMINATION 
LAWS.—Nothing in this Act shall be construed to pre-
empt, invalidate, or limit rights, remedies, procedures, or 
legal standards available to victims of discrimination or 
retaliation under any other Federal law or law of a State 
or political subdivision of a State, including title VI 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 title 
IX of the Education Amendments of 1972 (20 U.S.C. 
1681 et seq.), title VI of the Civil Rights Act of 1964 (42 
U.S.C. 2000d et seq.), and the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12101 et seq.). 
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(b) FREE SPEECH AND EXPRESSION LAWS AND RE-
LIGIOUS STUDENT GROUPS.—Nothing in this Act shall be 
construed to alter legal standards regarding, or affect the 
rights available to individuals or groups under, other Fed-
eral laws that establish protections for freedom of speech 
and expression, such as legal standards and rights avail-
able to religious and other student groups under the 1st 
Amendment to the Constitution and the Equal Access Act 
(20 U.S.C. 4071 et seq.). 
SEC. 10. SEVERABILITY. 
If any provision of this Act, or any application of such 
provision to any person or circumstance, is held to be un-
constitutional, the remainder of this Act, and the applica-
tion of the provision to any other person or circumstance 
shall not be affected. 
SEC. 11. EFFECTIVE DATE. 
This Act shall take effect 60 days after the date of 
the enactment of this Act and shall not apply to conduct 
occurring before the effective date of this Act. 
Æ 
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