I 
112TH CONGRESS 
1ST SESSION 
H. R. 998 
To end discrimination based on actual or perceived sexual orientation or 
gender identity in public schools, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 10, 2011 
Mr. POLIS (for himself, Mr. ACKERMAN, Mr. FARR, Mr. BACA, Mr. FILNER, 
Ms. BALDWIN, Mr. FRANK of Massachusetts, Ms. BERKLEY, Mr. AL 
GREEN of Texas, Mr. BERMAN, Mr. GRIJALVA, Mr. BLUMENAUER, Mr. 
GUTIERREZ, Mr. BRADY of Pennsylvania, Mr. HASTINGS of Florida, Mr. 
BRALEY of Iowa, Mr. HIMES, Mrs. CAPPS, Mr. HINCHEY, Mr. CAPUANO, 
Ms. HIRONO, Ms. CASTOR of Florida, Mr. HOLT, Ms. CHU, Mr. HONDA, 
Mr. CICILLINE, Mr. ISRAEL, Ms. CLARKE of New York, Mr. JACKSON of 
Illinois, Mr. COURTNEY, Ms. JACKSON LEE of Texas, Mr. CROWLEY, Mr. 
KILDEE, Mrs. DAVIS of California, Mr. KUCINICH, Mr. DEFAZIO, Mr. 
LANGEVIN, Ms. DEGETTE, Mr. LARSON of Connecticut, Mr. DEUTCH, 
Ms. LEE of California, Mr. DOYLE, Mr. LEVIN, Mr. ELLISON, Mr. LEWIS 
of Georgia, Mr. ENGEL, Ms. ZOE LOFGREN of California, Ms. ESHOO, 
Mr. LUJA´N, Mr. KEATING, Mrs. MALONEY, Mr. MARKEY, Ms. ROS- 
LEHTINEN, Ms. MATSUI, Mr. ROTHMAN of New Jersey, Mrs. MCCARTHY 
of New York, Ms. ROYBAL-ALLARD, Ms. MCCOLLUM, Ms. LINDA T. 
SA´NCHEZ of California, Mr. MCDERMOTT, Mr. SARBANES, Mr. MCGOV-
ERN, Ms. SCHAKOWSKY, Mr. MEEKS, Mr. SERRANO, Mr. MICHAUD, Mr. 
SHERMAN, Ms. MOORE, Ms. SPEIER, Mr. MORAN, Mr. STARK, Mr. MUR-
PHY of Connecticut, Ms. SUTTON, Mr. NADLER, Mr. TONKO, Mrs. 
NAPOLITANO, Mr. TOWNS, Mr. NEAL, Ms. TSONGAS, Ms. NORTON, Mr. 
VAN HOLLEN, Mr. OLVER, Ms. WASSERMAN SCHULTZ, Mr. PALLONE, 
Mr. WAXMAN, Mr. PETERS, Mr. WEINER, Ms. PINGREE of Maine, Mr. 
WELCH, Mr. QUIGLEY, Ms. WOOLSEY, Ms. RICHARDSON, Mr. WU, Mr. 
YARMUTH, Mr. COHEN, Mr. CUMMINGS, Ms. EDDIE BERNICE JOHNSON 
of Texas, Mr. PASCRELL, Mr. CARSON of Indiana, and Mr. JOHNSON of 
Georgia) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce 
VerDate Mar 15 2010 
02:46 Mar 11, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H998.IH
H998
pwalker on DSKD5P82C1PROD with BILLS
A BILL 
To end discrimination based on actual or perceived sexual 
orientation or gender identity in public schools, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Student Non-Discrimi-
nation Act of 2011’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress finds the following: 
(1) Public school students who are lesbian, gay, 
bisexual or transgender (LGBT), or are perceived to 
be LGBT, or who associate with LGBT people, have 
been and are subjected to pervasive discrimination, 
including harassment, bullying, intimidation and vio-
lence, and have been deprived of equal educational 
opportunities, in schools in every part of our Nation. 
(2) While discrimination, including harassment, 
bullying, intimidation and violence, of any kind is 
harmful to students and to our education system, 
actions that target students based on sexual orienta-
tion or gender identity represent a distinct and espe-
cially severe problem. 
VerDate Mar 15 2010 
02:46 Mar 11, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H998.IH
H998
pwalker on DSKD5P82C1PROD with BILLS
(3) Numerous social science studies dem-
onstrate that discrimination, including harassment, 
bullying, intimidation and violence, at school has 
contributed to high rates of absenteeism, dropout, 
adverse health consequences, and academic under-
achievement among LGBT youth. 
(4) When left unchecked, discrimination, includ-
ing harassment, bullying, intimidation and violence, 
in schools based on sexual orientation or gender 
identity can lead, and has lead to, life-threatening 
violence and to suicide. 
(5) Public school students enjoy a variety of 
constitutional rights, including rights to equal pro-
tection, privacy, and free expression, which are in-
fringed when school officials engage in discrimina-
tory treatment or are indifferent to discrimination, 
including harassment, bullying, intimidation and vio-
lence, on the basis of sexual orientation or gender 
identity. 
(6) While Federal statutory protections ex-
pressly address discrimination on the basis of race, 
color, sex, religion, disability, and national origin, 
Federal civil rights statutes do not expressly include 
‘‘sexual orientation’’ or ‘‘gender identity’’. As a re-
sult, students and parents have often had limited 
VerDate Mar 15 2010 
02:46 Mar 11, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H998.IH
H998
pwalker on DSKD5P82C1PROD with BILLS
legal recourse to redress for discrimination on the 
basis of sexual orientation or gender identity. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to ensure that all students have access to 
public education in a safe environment free from dis-
crimination, including harassment, bullying, intimi-
dation and violence, on the basis of sexual orienta-
tion or gender identity; 
(2) to provide a comprehensive Federal prohibi-
tion of discrimination in public schools based on ac-
tual or perceived sexual orientation or gender iden-
tity; 
(3) to provide meaningful and effective rem-
edies for discrimination in public schools based on 
actual or perceived sexual orientation or gender 
identity; 
(4) to invoke congressional powers, including 
but not limited to the power to enforce the 14th 
Amendment to the Constitution and to provide for 
the general welfare pursuant to section 8 of article 
I of the Constitution and the power to enact all laws 
necessary and proper for the execution of the fore-
going powers pursuant to section 8 of article I of the 
Constitution, in order to prohibit discrimination in 
VerDate Mar 15 2010 
02:46 Mar 11, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H998.IH
H998
pwalker on DSKD5P82C1PROD with BILLS