been unable to secure sufficient grants under sub-
section (d). 
(2) ALTERNATIVE PLAN.—The waiver process 
shall include requiring the recipient to submit an al-
ternative plan for ensuring students are aware of 
their rights under title IX of the Education Amend-
ments of 1972 (20 U.S.C. 1681 et seq.) and have 
access to a Title IX Coordinator. At the very min-
imum within their alternative plan, the recipient 
shall establish a partnership, through a memo-
randum of understanding, with a local rape crisis 
center or a national or community-based organiza-
tion that specializes in trauma or crisis management 
and support. The memorandum of understanding 
shall establish a clear delineation of the roles and re-
sponsibilities of the partners, which shall also in-
clude providing prevention training and supporting 
measures when addressing reports about incidents of 
sex-based harassment. 
(3) 
FAILURE
TO
FOLLOW
ALTERNATIVE 
PLAN.—If the Secretary determines (based on a sub-
mitted complaint or otherwise) that a recipient has 
such a waiver approved but has not followed their al-
ternative plan, or if the Secretary determines that 
their plan was insufficient to prevent and respond to 
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sex-based harassment and assault, the Secretary 
shall attempt a voluntary resolution. If a voluntary 
resolution is not possible during a reasonable period 
of time, the Secretary shall take such action as may 
be appropriate to withhold Federal financial assist-
ance. A waiver granted under this subsection shall 
be valid for 2 years. 
(d) GRANTS.—To carry out this section, there are au-
thorized to be appropriated such sums as may be nec-
essary for each of the first five fiscal years that begin after 
the effective date in subsection (e) for grants to local edu-
cational agencies to offset the financial burden of satis-
fying the requirements of this section. In making grants 
under this subsection, the Secretary shall give priority to 
local educational agencies that otherwise would face a high 
financial burden in fulfilling such requirements. 
(e) EFFECTIVE DATE.—This section shall take effect 
1 year after the date of the enactment of this Act. 
SEC. 3. GRANTS FOR TRAINING ON HOW TO RESPOND TO 
SIGNS OF SEX-BASED HARASSMENT AND AS-
SAULT OF STUDENTS. 
(a) IN GENERAL.—The Secretary is authorized to 
make grants to local educational agencies to train elemen-
tary school and secondary school teachers and other school 
staff on how to prevent, recognize, and respond to signs 
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of sex-based harassment and assault among students or 
between students and adults. 
(b) APPLICATIONS.— 
(1) IN GENERAL.—Any local educational agency 
desiring to receive a grant under this section for any 
fiscal year shall submit an application to the Sec-
retary at such time and in such manner as the Sec-
retary may require. Each such application shall— 
(A) include a plan to provide the training 
described in subsection (a); and 
(B) demonstrate how the grant funds will 
be used to meet the needs for such training. 
(2) DEADLINE.—The Secretary shall award 
grants under this section not later than 6 months 
after the deadline for grant application submission 
established under paragraph (1). 
(c) EQUITABLE DISTRIBUTION.—To the extent prac-
ticable, in awarding grants under this section, the Sec-
retary shall— 
(1) ensure an equitable geographic distribution 
of grants under this section, including the distribu-
tion of such grants between rural and urban areas; 
and 
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(2) give priority to local educational agencies 
that have jurisdiction over an underserved area or 
areas. 
(d) PRIORITIES.—In allocating funds to local edu-
cational agencies under this section, the Secretary shall 
consider the quality of the applications submitted, but the 
Secretary shall give priority to local educational agencies 
whose applications include any of the following: 
(1) A demonstration that the applicant does not 
receive other Federal, State, or local funds to carry 
out the activities described in this section. 
(2) Statements of support from students or stu-
dent groups. 
(e) SUPPLEMENT, NOT SUPPLANT.—Grant funds 
provided under this section shall be used to supplement, 
not supplant, other Federal or State funds available to 
carry out the activities described in this section. 
(f) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated 
to the Secretary of Education $50,000,000 for each of the 
first five fiscal years that begin after the date of the enact-
ment of this Act. 
SEC. 4. SEX-BASED HARASSMENT SURVEYS. 
(a) SEX-BASED HARASSMENT SURVEY.— 
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(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, for the preceding 
calendar year for which data is available, instances 
of sex-based harassment carried out by students or 
staff, including instances of sex-based harassment 
that occur off school property and that involve online 
conduct. The Secretary shall ensure that the survey 
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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