Health and Human Services, shall develop an empirically 
validated sexual violence climate survey to be conducted 
on an anonymous basis of elementary and secondary 
school students and staff not later than one year after the 
date of the enactment of this Act. The survey shall assess 
the occurrence on school property during the preceding 
calendar year for which data is available of instances of 
domestic violence, dating violence, sexual assault, sexual 
violence, sexual harassment, and stalking. 
(b) STATISTICS.—Beginning 18 months after the 
date of the enactment of this Act, such officials shall com-
pile statistics based upon their analysis of the results of 
the survey. Such officials shall update, conduct, and com-
pile the results of, the survey every 2 years thereafter. The 
compiled statistics should be disaggregated by local edu-
cational 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 identi-
fiable information about an individual student, in which 
case, an alternate basis for disaggregation shall be se-
lected. 
(c) DEVELOPMENTALLY APPROPRIATE CONTENT.— 
The Secretary shall ensure that the survey questions vary 
between staff and students and for different age groups 
VerDate Sep 11 2014 
00:48 Oct 05, 2020
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H8290.IH
H8290
pbinns on DSKJLVW7X2PROD with BILLS
in order to ensure that the questions are developmentally 
appropriate. 
(d) PUBLIC AVAILABILITY.—The statistics compiled 
under subsection (b) shall be made publicly available on 
the website of the Department of Education and readily 
accessible to and usable by individuals, including individ-
uals with disabilities. 
(e) TOPICS.—Subject to subsection (c), the survey 
shall address— 
(1) whether the instances domestic violence, 
dating violence, sexual assault, sexual violence, sex-
ual harassment, and stalking described were experi-
enced in-person or through electronic means; 
(2) the effectiveness of school sexual violence 
awareness and prevention programs and policies for 
the overall student body and different student popu-
lations, such as students of color, students in the 
LGBTQ communities, immigrant students, pregnant 
and parenting students, and students with disabil-
ities; 
(3) the effectiveness of current processes for 
complaints on and investigations into sex-based, 
race-based, national origin-based, sexual orientation- 
based, gender identity-based, and disability-based 
VerDate Sep 11 2014 
00:48 Oct 05, 2020
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H8290.IH
H8290
pbinns on DSKJLVW7X2PROD with BILLS
harassment, assault, discrimination, domestic vio-
lence, dating violence, and stalking; 
(4) students’ awareness of school policies and 
procedures, including the location and process for 
accessing school resources such as the title IX coor-
dinator designated by the school pursuant to title IX 
of the Education Amendments of 1972 (20 U.S.C. 
1681 et seq.); 
(5) whether individuals impacted by sexual har-
assment, sexual violence, discrimination, domestic vi-
olence, dating violence, and stalking have experi-
enced negative effects on their education, including 
diminished grades, dropped classes, or leaves of ab-
sence; 
(6) what training is being provided to teachers 
and staff on policies and procedures pertaining to 
sexual harassment, sexual violence, discrimination, 
domestic violence, dating violence, and stalking, in-
cluding best practices in prevention; 
(7) whether the perpetrator of sexual harass-
ment, sexual violence, discrimination, domestic vio-
lence, dating violence, and stalking was a student 
and other contextual factors; 
(8) whether individuals impacted by sexual har-
assment, sexual violence, discrimination, domestic vi-
VerDate Sep 11 2014 
00:48 Oct 05, 2020
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H8290.IH
H8290
pbinns on DSKJLVW7X2PROD with BILLS
olence, dating violence, and stalking reported such 
sexual harassment, sexual violence, discrimination, 
domestic violence, dating violence, and stalking; 
(9) if such an individual did so report, to whom 
they reported, and what response the survivor re-
ceived; 
(10) if such an individual reported to the 
school, did the school conduct an investigation and 
how long did the investigation take; 
(11) school community members’, such as stu-
dents, full-time and part-time staff and faculty, and 
administration officials, attitudes toward sexual vio-
lence and harassment, including individuals’ willing-
ness 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, domestic vio-
lence, dating violence, and stalking; 
(12) school community members’, such as stu-
dents, full-time and part-time staff and faculty, and 
administration officials, perception of school safety 
and confidence in the school’s ability to appro-
priately address sex-based, race-based, national ori-
gin-based, sexual orientation-based, gender identity- 
based, and disability-based discrimination, harass-
VerDate Sep 11 2014 
00:48 Oct 05, 2020
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H8290.IH
H8290
pbinns on DSKJLVW7X2PROD with BILLS
ment, assault, domestic violence, dating violence, and 
stalking; 
(13) any other issues relating to sex-based, 
race-based, national origin-based, sexual orientation- 
based, gender identity-based, and disability-based 
discrimination, harassment, assault, domestic vio-
lence, dating violence, and stalking, as appropriate; 
and 
(f) ADDITIONAL TOPICS.—States and local edu-
cational agencies may add additional questions to the sur-
vey as they determine appropriate. 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $10,000,000 to carry 
out this section. 
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 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 
VerDate Sep 11 2014 
00:48 Oct 05, 2020
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H8290.IH
H8290
pbinns on DSKJLVW7X2PROD with BILLS
Statutes (42 U.S.C. 1983). The obligations imposed 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.). 
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 sexual 
harassment and abuse, and schools should attempt to pro-
vide that to the extent possible in accordance with State 
and local laws. 
SEC. 7. EFFECTIVE DATE. 
Unless otherwise provided in this Act, this Act shall 
take effect 120 days after the date of the enactment of 
this Act. 
Æ 
VerDate Sep 11 2014 
00:48 Oct 05, 2020
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6301
E:\BILLS\H8290.IH
H8290
pbinns on DSKJLVW7X2PROD with BILLS