Preventing Sexual Abuse of K–12 Students Act of 2021
Bill: H.R.1928 | Sponsor: Rep. Lieu, Ted (D-CA)
Policy area: Education

Summary:
Preventing Sexual Abuse of K-12 Students Act of 2021
This bill requires sexual abuse awareness training in elementary and secondary schools.
Specifically, the bill requires states receiving federal elementary and secondary education funds to establish and implement a statewide policy requiring each local educational agency to (1) develop codes of conduct to prevent sexual abuse of students by identifying acceptable and unacceptable behavior for school personnel and students; and (2) ensure that school personnel receive specified training, including training on sexual abuse and misconduct awareness and prevention.
In addition, the bill expands the allowable uses for certain grants (e.g., Student Support and Academic Enrichment grants) to include sexual abuse awareness training.
Finally, the Department of Education must make recommendations to Congress for preventing the sexual abuse of elementary and secondary school students.

To amend the Elementary and Secondary Education Act of 1965 to protect 
          students from sexual abuse, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as ``Preventing Sexual Abuse of K-12 Students 
Act of 2021''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Child sexual abuse victims are at greater risk of 
        experiencing feelings of guilt and shame, suffering from low 
        self-esteem, and developing substance abuse symptoms, 
        depression, and post-traumatic stress disorder.
            (2) A 2004 study by the Department of Education indicated 
        that 9.6 percent of students in secondary schools reported that 
        they had been subjected to sexual misconduct by school 
        personnel.
            (3) A 2014 report by the Government Accountability Office 
        revealed that only 42 States had codes of conduct for school 
        personnel of which only 22 dealt with appropriate relationships 
        between personnel and students.
            (4) Such 2014 report by GAO also revealed that only 18 
        States mandated that school districts provide sexual abuse and 
        misconduct awareness and prevention training.
            (5) Title IX of the Education Amendments of 1972 (20 U.S.C. 
        1681 et seq.), which prohibits sex discrimination in education 
        programs or activities receiving federal funds, requires 
        elementary and secondary schools to protect students from 
        sexual abuse and misconduct.
            (6) Educators are dedicated and tireless individuals 
        serving our communities and they make invaluable contributions 
        to our country by preparing students for the future. They work 
        to provide children with safe and secure environments in which 
        to learn and these safe environments should be strengthened by 
        including the resources and training necessary to help prevent 
        the sexual abuse of students.
            (7) It is in the interest of the United States to protect 
        students in elementary and secondary schools from sexual abuse 
        and misconduct.

SEC. 3. SEXUAL ABUSE AWARENESS TRAINING.

    (a) In General.--Subpart 2 of part F of title VIII of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901) is 
amended by adding at the end the following:

``SEC. 8549D. SEXUAL ABUSE AWARENESS TRAINING.

    ``Each State receiving funds under this Act shall establish and 
implement a statewide policy requiring each local educational agency 
to--
            ``(1) develop codes of conduct to prevent sexual abuse of 
        students by identifying acceptable and unacceptable behavior 
        for--
                    ``(A) school personnel with respect to 
                relationships with students; and
                    ``(B) students with respect to relationships with 
                other students; and
            ``(2) ensure that school personnel receive training on--
                    ``(A) the codes of conduct described in paragraph 
                (1);
                    ``(B) Federal and State requirements with respect 
                to reporting child abuse;
                    ``(C) the requirements under title IX of the 
                Education Amendments of 1972 (20 U.S.C. 1681 et seq.) 
                with respect to the protecting students in elementary 
                and secondary schools from sexual abuse and misconduct; 
                and
                    ``(D) sexual abuse and misconduct awareness and 
                prevention.''.
    (b) Funding.--
            (1) Grants for state assessments.--Section 1201(a) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6361(a)) is amended by adding at the end the following:
            ``(3) To carry out sexual abuse awareness training under 
        section 8549D.''.
            (2) Types of state activities.--Section 2101(c)(4)(B) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6611(c)(4)(B)) is amended by adding at the end the following:
                            ``(xxii) To carry out sexual abuse 
                        awareness training under section 8549D.''.
            (3) Local uses of funds.--Section 2103(b)(3)(L) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6613(b)(3)(L)) is amended by inserting ``and carry out sexual 
        abuse awareness training under section 8549D'' before the 
        semicolon.
            (4) Student support and academic enrichment grants.--
        Section 4108(5) of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 7118(5)) is amended--
                    (A) in subparagraph (H)(iii), by striking ``or'' at 
                the end;
                    (B) in subparagraph (I), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(J) to carry out sexual abuse awareness training under 
        section 8549D.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 2 years after the date of the enactment of 
this Act.

SEC. 4. REPORT.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary of Education shall conduct a study and submit a report to 
Congress that includes--
            (1) the incidence of sexual abuse of elementary and 
        secondary school students by--
                    (A) other students; and
                    (B) school personnel; and
            (2) recommendations with respect to preventing the sexual 
        abuse described in paragraph (1).
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