Title: Students' Access to Freedom and Educational Rights Act of 2022
Policy area: Education

Summary:
Students' Access to Freedom and Educational Rights Act of 2022
This bill expands protections against discrimination and harassment in federally funded education programs or activities. Among other provisions, the bill (1) establishes statutory standards of liability for harassment and relevant remedies under specified statutes; (2) requires the Department of Education to develop a climate survey on K-12 students' experiences with domestic violence, dating violence, sexual assault, sexual harassment, and stalking; and (3) establishes training requirements and a grant program for Title IX coordinators.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5158 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 5158

To strengthen civil rights protections against harassment based on sex, 
           race, color, national origin, disability, or age.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 1, 2022

Mr. Casey (for himself, Ms. Hirono, Mr. Booker, Mr. Whitehouse, and Ms. 
   Baldwin) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To strengthen civil rights protections against harassment based on sex, 
           race, color, national origin, disability, or age.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Students' Access 
to Freedom and Educational Rights Act of 2022''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
                   TITLE I--PROHIBITION ON HARASSMENT

Sec. 101. Amendments to title IX of the Education Amendments of 1972.
Sec. 102. Amendments to the Rehabilitation Act of 1973.
Sec. 103. Amendments to title VI of the Civil Rights Act of 1964.
Sec. 104. Amendments to the Age Discrimination Act of 1975.
       TITLE II--TRANSPARENCY, TRAINING, AND SUPPORT FOR STUDENTS

Sec. 201. Department of Education enforcement.
Sec. 202. Disclosure of religious exemptions from title IX of the 
                            Education Amendments of 1972.
Sec. 203. Climate surveys for k-12 schools.
Sec. 204. Civil Rights Data Collection.
Sec. 205. Support for students.
Sec. 206. Title IX coordinators and training requirements.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) During a decade of civil rights reforms, Congress 
        passed title VI of the Civil Rights Act of 1964 (42 U.S.C. 
        2000d et seq.) (referred to in this section as ``title VI''), 
        which prohibits discrimination based on race, color, or 
        national origin in federally funded programs and activities; 
        title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et 
        seq.) (referred to in this section as ``title IX''), which 
        prohibits sex discrimination in federally funded education 
        programs and activities; section 504 of the Rehabilitation Act 
        of 1973 (29 U.S.C. 794) (referred to in this section as 
        ``section 504''), which prohibits discrimination based on 
        disability in federally funded programs and activities; and the 
        Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), which 
        prohibits discrimination based on age in federally funded 
        programs and activities. Half a century after their passage, 
        still more needs to be done to ensure that students enjoy 
        protections consistent with the spirit, intent, and promise of 
        these groundbreaking civil rights laws.
            (2) Schools are still failing to take necessary steps to 
        prevent harassment on the basis of sex, race, national origin, 
        color, and disability and provide survivors of sexual assault 
        and other forms of harassment--especially women and girls, 
        students of color, LGBTQI+ students, and students with 
        disabilities--the support and services they need to feel safe 
        and learn in school, denying them equal educational 
        opportunities.
            (3) As the Supreme Court has held in Franklin v. Gwinnett 
        County Public Schools, 503 U.S. 60 (1992), and Davis v. Monroe 
        County Board of Education, 526 U.S. 629 (1999), covered 
        entities are responsible for preventing and addressing 
        harassment on the basis of sex in their education programs and 
        activities under title IX. Following this principle, courts 
        have similarly required funding recipients to address 
        harassment based on race, color, national origin, and 
        disability in their education programs and activities.
            (4) Perpetrators of harassment based on sex, race, color, 
        national origin, or disability at school are not limited to 
        students, nor are the victims of such harassment. Incidents 
        have also involved faculty, administrators, coaches, 
        volunteers, other staff members, and visitors.
            (5) Sexual harassment of students, especially of women and 
        girls, students of color, students with disabilities, and 
        LGBTQI+ students, is widely prevalent in K-12 and higher 
        education. For example--
                    (A) 1 in 5 girls ages 14 through 18 have been 
                kissed or touched without their consent, 58 percent of 
                LGBTQI+ youth ages 13 through 21 have been sexually 
                harassed, and disabled children are 2.9 times more 
                likely than their peers to be sexually assaulted;
                    (B) women and girls of color are more likely to 
                experience sexual harassment in school than their White 
                peers; and
                    (C) in college--
                            (i) more than 1 in 4 women, more than 1 in 
                        15 men, and nearly 1 in 4 transgender, 
                        nonbinary, and gender-nonconforming students 
                        are sexually assaulted during their time as 
                        undergraduates;
                            (ii) 1 in 7 women, 1 in 10 men, and 1 in 5 
                        transgender, nonbinary, and gender-
                        nonconforming students experience dating 
                        violence or domestic violence as 
                        undergraduates; and
                            (iii) 1 in 10 women, 1 in 33 men, and 1 in 
                        7 transgender, nonbinary, and gender-
                        nonconforming students experience stalking as 
                        undergraduates.
            (6) Students also experience forms of sex-based harassment 
        beyond sexual harassment, such as harassment based on sexual 
        orientation, gender identity, sex characteristics (including 
        intersex status), pregnancy, childbirth, medical conditions 
        related to pregnancy or childbirth, and sex stereotypes.
                    (A) For example, according to one study, 86.3 
                percent of LGBTQI+ students experienced harassment or 
                assault based on personal characteristics, 77.6 percent 
                reported avoiding school functions, and 71.8 percent 
                reported avoiding extracurricular activities because 
                they felt unsafe or uncomfortable.
                    (B) According to another study, 64 percent of girls 
                who were pregnant or parenting reported not feeling 
                safe at school as a barrier to attending school 
                compared to 32 percent of girls overall.
            (7) Like sex-based harassment, harassment based on race, 
        color, national origin, and disability remains a problem at 
        educational institutions.
                    (A) Between 2011 and 2016, the National Center for 
                Education Statistics documented a 40-percent increase 
                in college campus hate incidents. According to the 
                Bureau of Justice Statistics, racial bias is the most 
                common motivation behind these hate incidents.
                    (B) The Centers for Disease Control and Prevention 
                has agreed that racism has a profound and negative 
                impact on the mental and physical health of people of 
                color. As such, racist incidents can take a serious 
                toll on students' overall health and well-being, even 
                affecting their academic performance. A 2021 UCLA study 
                found that young adults who experience discrimination 
                are at higher risk for both short and long-term 
                behavioral and mental health problems that are 
                exacerbated with each incident.
                    (C) According to the Department of Justice, the 
                rate of violence victimization against persons with 
                disabilities is nearly 4 times the rate for nondisabled 
                persons. Nearly \1/3\ of children and adolescents with 
                disabilities have experienced violence. Corporal 
                punishment is almost twice as high in schools with a 
                higher proportion of students with disabilities 
                receiving special education services as in other 
                schools. Girls with disabilities are also at higher 
                risk of sexual violence perpetrated by their peers than 
                nondisabled girls.
            (8) The Government Accountability Office estimated that 
        about 1 in 4 students aged 12-18 saw hate words or symbols 
        written at schools in 2014-2015, 2016-2017, and 2018-2019.
            (9) Students also often experience intersectional forms of 
        harassment that, for example, may include sexual harassment 
        that is racialized or harassment based on having a disability 
        and being transgender, among other types of intersectional 
        harassment.
            (10) Few students report harassment to their schools, often 
        because of shame or self-blame, fear of retaliation, fear of 
        being ignored or disciplined, fear of police or immigration 
        officials, or lack of knowledge of services schools can offer 
        to help. In particular, women and girls of color, women and 
        girls with disabilities, pregnant and parenting students, and 
        LGBTQI+ students are too often disbelieved and met with 
        unsupportive responses, including retaliation, after reporting 
        sexual harassment because of stereotypes that label them as 
        less credible. Men and boys, too, are often disbelieved or 
        dismissed when they report sexual harassment.
            (11) Failure of a school to comply with title IX, title VI, 
        and section 504 may limit or deny the ability of students, 
        employees, and others to participate in or benefit from the 
        school's education programs or activities leading to 
        discrimination by creating a hostile learning environment that 
        impedes educational attainment, damages rights to equal 
        educational opportunities, and undermines learning for all.
            (12) When schools fail to protect student victims of 
        harassment, including by failing to offer supportive measures 
        that are designed to preserve and restore the educational 
        opportunities of the victim, students often suffer in the form 
        of emotional distress, mental health consequences, lower 
        academic achievement, lost scholarships and financial aid, poor 
        school attendance, and decreased school completion rates. 
        Moreover, many schools may respond negatively to harassment by 
        creating additional trauma and harm for the student victim 
        (often by, for example, blaming the student for their 
        victimization or by refusing to help them), which is also known 
        as ``institutional betrayal''. Harm may also be caused by the 
        Title IX coordinators having a conflict of interest, such as 
        serving within school leadership or local educational agency 
        leadership (including serving as a principal, vice principal, 
        headmaster, superintendent, board member, general counsel, 
        athletics director, coach, or dean of students, or on a 
        judicial hearing board or in a position to whom an appeal might 
        be made).
            (13) The language of title IX is broad and sweeping, making 
        clear that the intent of Congress is to provide avenues of 
        redress for opening the courthouse doors to victims of a wide 
        range of sex discrimination in schools. However, since the 
        passage of title IX, courts have created barriers that make it 
        extraordinarily difficult for survivors to obtain redress from 
        schools through private litigation.
            (14) In a 5 to 4 opinion in Gebser v. Lago Vista 
        Independent School District, 524 U.S. 274 (1998), the Supreme 
        Court held that students subjected to sex-based harassment by 
        their teachers may receive a damages remedy in private 
        litigation under title IX only when school officials with 
        ``authority to institute correct measures'' on the recipient's 
        behalf have ``actual notice'' of the harassment and are 
        ``deliberately indifferent'', or respond in a clearly 
        unreasonable manner, to it. A year later, in Davis v. Monroe 
        County Board of Education, 526 U.S. 629 (1999), the Supreme 
        Court held that in order to receive money damages under title 
        IX, students who experience sex-based harassment by their 
        peers, must additionally show that the harassment is ``so 
        severe, pervasive, and objectively offensive that it can be 
        said to deprive the victims of access to the educational 
        opportunities or benefits provided by the school.'' Courts have 
        applied the same standards in requiring funding recipients to 
        address harassment based on race, color, national origin, or 
        disability.
            (15) In contrast, in the workplace, under title VII of the 
        Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) (referred to 
        in this section as ``title VII''), a plaintiff experiencing 
        harassment based on sex, race, color, national origin, or 
        religion by a coworker or other non-supervisor need only show 
        their employer reacted negligently in response to severe or 
        pervasive harassment of which the employer knew or should have 
        known. And sometimes--such as when a supervisor fires someone 
        because they refuse to submit to sexual advances--title VII 
        automatically holds an employer liable.
            (16) Although they do not affect the relevant standards for 
        individuals to obtain injunctive and equitable relief for 
        harassment on the basis of race, color, sex, national origin, 
        age, or disability under covered programs and activities, the 
        Supreme Court's decisions in Gebser v. Lago Vista Independent 
        School District and Davis v. Monroe County Board of Education 
        and lower court opinions severely limit the availability of 
        remedies for such individuals by imposing more stringent 
        standards for recovery of damages. Yet in many cases, damages 
        are the only remedy that would effectively rectify past 
        harassment. Further, in 2022, in Cummings v. Premier Rehab 
        Keller PLLC, 142 S. Ct. 1562 (2022), the Supreme Court limited 
        the ability of plaintiffs bringing disability discrimination 
        claims under the Patient Protection and Affordable Care Act 
        (Public Law 111-148) and section 504 to recover emotional 
        distress damages, which are often the sole or primary remedy 
        for survivors of harassment. The dissenting Justices in 
        Cummings warned that this ruling upset Congressional intent and 
        longstanding precedent under these and other statues, 
        suggesting the possibility that its logic might be extended in 
        the future to other laws such as title IX and title VI. Some 
        lower courts have added additional onerous barriers, such as 
        one under which a school is liable for its failure to address 
        known sexual harassment only if the victim later experiences 
        further sexual harassment as a result of this failure.
            (17) These limitations thwart the purpose of Congress to 
        protect students from harassment and ensure non-discriminatory 
        educational environments. They create prohibitively high 
        standards for the lawsuits of students regarding harassment 
        based on sex, race, color, national origin, and disability 
        under title IX, title VI, and section 504 that are more onerous 
        than those applicable to workplace harassment lawsuits under 
        title VII. As a result, schools may do less to address 
        harassment against their students than to address the same 
        harassment of their employees. This means that students, who 
        are often children and young adults, must suffer worse 
        harassment than adult employees before they are entitled to a 
        remedy in court.
            (18) Gebser v. Lago Vista Independent School District, 
        Davis v. Monroe County Board of Education, and subsequent 
        opinions create an incentive for covered entities to insulate 
        themselves from knowledge of harassment rather than adopting 
        and enforcing practices that will minimize the danger of such 
        harassment. These opinions thus undermine the purpose of 
        prohibitions on discrimination in the civil rights laws, which 
        is to induce covered programs or activities to adopt and 
        enforce practices that will minimize the danger that vulnerable 
        students or other persons will be exposed to such odious 
        behavior.
            (19) Current title IX regulations issued by the Department 
        of Education in 2020 entitled ``Nondiscrimination on the Basis 
        of Sex in Education Programs or Activities Receiving Federal 
        Financial Assistance'' (part 106 of title 34, Code of Federal 
        Regulations), have made it more difficult for student survivors 
        to report harassment to schools and receive help, including by, 
        for example, only allowing schools to respond to title IX 
        complaints of sexual harassment that is so severe, pervasive, 
        and objectively offensive that it effectively denies a person 
        equal access to a school program or activity--meaning students 
        will have to endure repeated and escalating levels of 
        harassment before their complaint can even be investigated. 
        These regulations also pose uniquely burdensome procedures for 
        cases of sexual harassment that are not required for any other 
        type of student or staff misconduct, further sweeping sexual 
        violence under the rug.
            (20) Department of Education guidance explains the 
        requirement under title VI and section 504 for institutions to 
        respond to harassment based on disability, race, color, or 
        national origin that is sufficiently serious to deny or limit 
        the ability of a student to participate in or benefit from the 
        education programs and activities of the recipient.
            (21) Schools with affirming and welcoming environments that 
        provide support and protection against all forms of harassment 
        and discrimination ensure that students have better social, 
        behavioral, academic, and mental health outcomes.
            (22) Legislative action is necessary and appropriate to 
        restore the access to the courts that was sharply limited by 
        Gebser v. Lago Vista Independent School District, Davis v. 
        Monroe County Board of Education, Cummings v. Premier Rehab, 
        and other court opinions, restore the availability of a full 
        range of remedies for harassment based on sex, race, color, 
        national origin, disability, or age, and prevent discriminatory 
        harassment in schools. Any action needs to take into full 
        account the intersectionality of incidents of harassment in 
        educational programs or activities. Sex-based violence and 
        harassment often harms those populations already most 
        vulnerable at education institutions.
            (23) In landmark rulings in Price Waterhouse v. Hopkins 490 
        U.S. 228 (1989) and Bostock v. Clayton County, Ga. (2020), the 
        Supreme Court correctly interpreted title VII to hold that 
        discrimination on the basis of sex stereotypes, sexual 
        orientation, or gender identity necessarily constitute 
        discrimination ``because of sex''. To date, Federal courts of 
        appeal have held uniformly that these holdings apply equally to 
        title IX. Legislative action is necessary and appropriate to 
        codify these established interpretations of title IX law and 
        ensure support and protection for LGBTQI+ students against 
        severe and widespread discriminatory harassment.
            (24) Discrimination by State and local governments on the 
        basis of sex, race, color, national origin, age, or disability 
        in education programs and activities receiving Federal 
        financial assistance violates the Equal Protection Clause of 
        the 14th Amendment to the Constitution of the United States. In 
        many circumstances, such discrimination also violates other 
        constitutional rights such as those of liberty and privacy 
        under the Due Process Clause of the 14th Amendment. Congress 
        may validly invoke its powers under the 14th Amendment to 
        provide a full range of remedies in response to discrimination 
        by both private and government actors.
            (25) In enacting the protections of the amendments made by 
        this Act, Congress is acting pursuant to its authority under 
        section 5 of the 14th Amendment to the Constitution of the 
        United States, the Commerce Clause of section 8 of article I of 
        the Constitution of the United States, and the Spending Clause 
        of section 8 of article I of the Constitution of the United 
        States.
            (26) Members of Congress have long been advocating for 
        substantive reforms that support student survivors and ensure 
        gender equity in schools, including the HALT on Campus Sexual 
        Violence Act, the Supporting Survivors of Sexual Harassment in 
        Schools Act of 2020, the Patsy T. Mink and Louise M. Slaughter 
        Gender Equity in Education Act, the Stop Sexual Harassment in 
        K-12 Act, and the Exposing Discrimination in Higher Education 
        Act. Provisions from these groundbreaking pieces of legislation 
        serve as the foundation on which any larger comprehensive 
        reform must be built.
            (27) Restoring the availability of a full range of remedies 
        for harassment will--
                    (A) ensure that students and other persons 
                participating or attempting to participate in federally 
                funded programs and activities have protection from 
                harassment on the basis of sex (including sexual 
                orientation, gender identity, sex characteristics, 
                pregnancy, childbirth, a medical condition related to 
                pregnancy or childbirth, and sex stereotypes), race, 
                color, national origin, disability, or age;
                    (B) encourage covered entities to adopt and enforce 
                meaningful policies and procedures to prevent and 
                remedy harassment;
                    (C) deter incidents of harassment; and
                    (D) provide appropriate remedies for harassment.
            (28) Schools do not harass students on the basis of race, 
        gender, or sex when they teach or incorporate anti-racism 
        principles, diversity, equity and inclusion practices, 
        culturally relevant curriculum and culturally responsive 
        teaching, critical race theory, or otherwise focus the 
        experiences of students of color, women and girls, and LGBTQI+ 
        students. Indeed, such teaching and training, when implemented 
        appropriately, may often further the purposes of the mandate of 
        title VI to prohibit discrimination based on race, color, and 
        national origin and the mandate of title IX to prohibit 
        discrimination based on sex, while also ensuring that schools 
        are advancing equity.

                   TITLE I--PROHIBITION ON HARASSMENT

SEC. 101. AMENDMENTS TO TITLE IX OF THE EDUCATION AMENDMENTS OF 1972.

    Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et 
seq.) is amended--
            (1) in section 901, by adding at end the following:
    ``(d) Liability for Sex-Based Harassment.--
            ``(1) Harassment by agents, employees, and other persons 
        authorized by the recipient to provide aid, benefit, or 
        service.--Subject to subsection (e), a recipient shall be 
        liable if its agent, employee, or other person authorized by 
        the recipient to provide aid, benefit, or service under the 
        recipient's program or activity, engages in sex-based 
        harassment against a person who participates in or receives any 
        benefit, service, or opportunity from such program or activity, 
        or who attempts to receive such benefit, service, or 
        opportunity, regardless of where the harassment occurs, if--
                    ``(A) the harassment is enabled or assisted by the 
                authority exercised as an agent, employee, or other 
                authorized person of the recipient; or
                    ``(B) the recipient receives notice of the 
                harassment.
            ``(2) Harassment by non-agents, non-employees, and other 
        non-authorized persons.--Subject to subsection (e), a recipient 
        is liable for sex-based harassment if a person who is not its 
        agent, employee, or other authorized person, engages in sex-
        based harassment against a person who is participating in or 
        receiving any benefit, service, or opportunity from such 
        program or activity, or who is attempting to do so, regardless 
        of where the harassment occurs, if the recipient receives 
        notice of the harassment.
    ``(e) Affirmative Defense.--
            ``(1) In general.--A recipient is not liable in a private 
        action for damages under subsection (d) for sex-based 
        harassment, if the recipient demonstrates that it exercised 
        reasonable care to prevent sex-based harassment and to promptly 
        remedy the effects of the sex-based harassment at issue, 
        including through a demonstration by the recipient that it--
                    ``(A) established, adequately publicized, and 
                enforced an effective and comprehensive sex-based 
                harassment prevention policy, training, and complaint 
                procedure that is likely to provide redress and to 
                avoid harm without exposing the person subjected to 
                such harassment to undue risk, effort, or expense;
                    ``(B) if requested by an aggrieved person subjected 
                to sex-based harassment (or the parent or guardian of 
                such person, if such person is a minor), or otherwise 
                necessary to protect such person or other persons in 
                such program or activity from a significant ongoing 
                threat of harm, undertook a prompt, thorough, and 
                impartial investigation of such harassment;
                    ``(C) provided supportive measures that have the 
                purpose and effect of preserving and restoring a person 
                subjected to sex-based harassment's equal access to the 
                recipient's education program or activity, regardless 
                of whether such person requests an investigation; and
                    ``(D) took other necessary, immediate, and 
                appropriate corrective action designed to stop such 
                harassment and remedy its effects.
            ``(2) Not establishing reasonable care.--A showing that the 
        harassment did not recur after the recipient received notice of 
        the harassment does not establish reasonable care absent the 
        demonstration required by subparagraphs (A) through (D) of 
        paragraph (1).
    ``(f) Notice.--A recipient receives notice of sex-based harassment 
if an agent, employee, or other authorized person of the recipient, or 
in the exercise of reasonable care should have known, about the 
harassment and--
            ``(1) has the authority to take action to redress the 
        harassment;
            ``(2) has the responsibility to report to an administrator 
        harassment or similar misconduct by others; or
            ``(3) receives a report of such harassment from an 
        individual who could reasonably believe that the agent, 
        employee, or other authorized person is as described in 
        paragraph (1) or (2).'';
            (2) in section 903--
                    (A) in the 1st sentence by inserting ``(a)'' before 
                ``Any''; and
                    (B) by adding at the end of the following:
    ``(b) Any person aggrieved by the failure of a recipient to comply 
with section 901, or a rule issued under this title, may bring a civil 
action in any court of competent jurisdiction.
    ``(c) In a civil action brought for a violation of section 901 by 
or on behalf of a person aggrieved by a violation of section 901, such 
person may recover equitable and legal relief (such as compensatory 
damages, including for emotional distress, and punitive damages), and 
attorney's fees (including expert fees).''; and
            (3) by inserting after section 908 the following:

``SEC. 908A. DEFINITIONS.

    ``For purposes of this title--
            ``(1) the term `gender identity'--
                    ``(A) means a person's internal sense of gender, 
                which could be female, male, or another gender;
                    ``(B) includes a person's gender expression, which 
                is how they present their gender identity outwardly, 
                including through appearance, mannerisms, dress, or 
                other gender-related characteristics; and
                    ``(C) may or may not match their designated sex at 
                birth;
            ``(2) the term `on the basis of sex' includes, inter alia, 
        on the basis of, perceived or actual--
                    ``(A) sex stereotypes;
                    ``(B) pregnancy or related conditions, including--
                            ``(i) childbirth, termination of pregnancy, 
                        or lactation;
                            ``(ii) medical conditions related to 
                        pregnancy, childbirth, termination of 
                        pregnancy, or lactation; or
                            ``(iii) recovery from pregnancy, 
                        childbirth, termination of pregnancy, 
                        lactation, or their related medical conditions;
                    ``(C) sexual orientation;
                    ``(D) gender identity; or
                    ``(E) sex characteristics, including inter-sex 
                traits;
            ``(3) the term `recipient' means an entity described in any 
        of paragraphs (1) through (4) of section 908 and includes any 
        entity that exercises controlling authority over such 
        recipient;
            ``(4) the term `sex-based harassment'--
                    ``(A) means conduct on the basis of sex, including 
                conduct of a sexual nature, that unreasonably alters a 
                person's ability to participate in or receive any 
                benefit, service, or opportunity from an education 
                program or activity that receives Federal financial 
                assistance, including by creating an intimidating, 
                hostile, or offensive environment; and
                    ``(B) includes an employee, agent, or other person 
                authorized by the recipient to provide an aid, benefit, 
                or service under the recipient's education program or 
                activity, explicitly or impliedly conditioning the 
                provision of such an aid, benefit, or service on a 
                person's participation in sexual conduct; and
            ``(5) the term `sexual orientation' includes homosexuality, 
        heterosexuality, bisexuality, pansexuality, and asexuality.''.

SEC. 102. AMENDMENTS TO THE REHABILITATION ACT OF 1973.

    (a) Nondiscrimination Under Federal Grants and Programs.--Section 
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) is amended by 
adding at the end the following:
    ``(e) Prohibition of Harassment on the Basis of Disability.--
            ``(1) Liability for disability-based harassment.--Subject 
        to paragraph (2), in an action pursuant to section 505(a)(2), a 
        recipient receiving Federal financial assistance under any 
        program or activity or any program or activity conducted by any 
        Executive agency or by the United States Postal Service shall 
        be liable for harassment on the basis of disability as follows:
                    ``(A) Harassment by agents, employees, and other 
                persons authorized by the recipient to provide aid, 
                benefits, or services under the recipient's programs or 
                activities.--A recipient is liable if its agent, 
                employee, or other person authorized by the recipient 
                to provide aid, benefit, or service under the 
                recipient's program or activity, engages in harassment 
                on the basis of disability against a person who 
                participates in or receives any benefit, service, or 
                opportunity from such program or activity, or who 
                attempts to receive such benefit, service, or activity, 
                regardless of where the harassment occurs, if--
                            ``(i) the harassment is enabled or assisted 
                        by the authority exercised as an agent, 
                        employee, or other authorized person of the 
                        recipient; or
                            ``(ii) the recipient receives notice of the 
                        harassment.
                    ``(B) Harassment by non-agents, non-employees, and 
                other non-authorized persons.--A recipient is liable 
                for harassment on the basis of disability if a person 
                who is not its agent, employee, or other authorized 
                person, engages in harassment on the basis of 
                disability against a person who is participating in or 
                receiving any benefit, service, or opportunity under 
                such program or activity, or who is attempting to do 
                so, regardless of where the harassment occurs, if the 
                recipient receives notice of the harassment.
            ``(2) Affirmative defense.--
                    ``(A) In general.--A recipient is not liable in a 
                private action for damages under paragraph (1) for 
                harassment on the basis of disability, if the recipient 
                demonstrates that it exercised reasonable care to 
                prevent harassment on the basis of disability, and 
                promptly remedy the effects of the harassment at issue, 
                including through a demonstration by the recipient that 
                it--
                            ``(i) established, adequately publicized, 
                        and enforced an effective and comprehensive 
                        harassment prevention policy, training, and 
                        complaint procedure that is likely to provide 
                        redress and avoid harm without exposing the 
                        person subjected to the harassment to undue 
                        risk, effort, or expense;
                            ``(ii) if requested by such person, third 
                        party, or otherwise necessary to protect that 
                        person or other persons within the program or 
                        activity from a significant ongoing threat, 
                        undertook a prompt, thorough, and impartial 
                        investigation of the harassment at issue;
                            ``(iii) provided supportive measures that 
                        had the purpose and effect of preserving and 
                        restoring the aggrieved person's equal access 
                        to the benefits or opportunities of the program 
                        or activity, regardless of whether the 
                        aggrieved person requested an investigation; 
                        and
                            ``(iv) took other necessary, immediate, and 
                        appropriate corrective action designed to stop 
                        the harassment and remedy its effects.
                    ``(B) Not establishing reasonable care.--A showing 
                that the harassment did not recur after the recipient 
                received notice of the harassment does not establish 
                reasonable care absent the demonstration required by 
                clauses (i) through (iv) of subparagraph (A).
            ``(3) Notice.--A recipient receives notice of harassment on 
        the basis of disability when any of the following individuals 
        knew or, in the exercise of reasonable care, should have known 
        about the harassment:
                    ``(A) An agent, employee, or other authorized 
                person of the recipient who has the authority to take 
                action to redress the harassment.
                    ``(B) An agent, employee, or other authorized 
                person of the recipient who has the responsibility to 
                report to an administrator harassment or similar 
                misconduct by others.
                    ``(C) An agent, employee, or other authorized 
                person of the recipient to whom an individual has made 
                a report of harassment based on the reasonable belief 
                that the agent, employee, or other authorized person is 
                an individual described in subparagraph (A) or (B).
            ``(4) Definitions.--In this subsection:
                    ``(A) Harassment on the basis of disability.--The 
                term `harassment on the basis of disability' means a 
                form of discrimination on the basis of disability that 
                alters a person's ability to participate in or receive 
                any benefit, service, or opportunity under a program or 
                activity receiving Federal financial assistance or any 
                program or activity conducted by any Executive agency 
                or by the United States Postal Service, including by 
                creating an intimidating, hostile, or offensive 
                environment.
                    ``(B) Recipient.--The term `recipient' means an 
                entity described in any of paragraphs (1) through (4) 
                of subsection (b), any entity that exercises 
                controlling authority over such an entity, and any 
                Executive agency or the United States Postal 
                Service.''.
    (b) Remedies and Right of Action.--Section 505 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794a) is amended--
            (1) in subsection (a)(2), by inserting at the end the 
        following: ``Any person aggrieved by the failure of a recipient 
        to comply with section 504, including any regulation 
        promulgated pursuant to such section, may bring a civil action 
        in any court of competent jurisdiction.''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) Attorney and Expert Fees and Right of Recovery.--
            ``(1) In general.--In any action or proceeding to enforce 
        or charge a violation of a provision of this title, including 
        any regulation promulgated pursuant to this title, the court, 
        in its discretion, may allow the prevailing party, other than 
        the United States, a reasonable attorney's fee and expert fees 
        as part of the costs.
            ``(2) Right of recovery.--In an action brought against a 
        recipient by (including on behalf of) an aggrieved person, the 
        aggrieved person may recover equitable and legal relief (such 
        as compensatory damages, including for emotional distress, and 
        punitive damages), and attorney's fees (including expert 
        fees).''.

SEC. 103. AMENDMENTS TO TITLE VI OF THE CIVIL RIGHTS ACT OF 1964.

    Section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1) is 
amended--
            (1) by striking ``Each Federal department'' inserting the 
        following subsection:
    ``(a) In General.--Each Federal department''; and
            (2) by adding at the end the following new subsection:
    ``(b) Prohibition of Harassment as Discrimination.--
            ``(1) Liability for harassment based on race, color, or 
        national origin.--In an action pursuant to subsection (c) of 
        this section, a recipient shall be liable for harassment on the 
        basis of race, color, or national origin as follows:
                    ``(A) Harassment by agents, employees, and other 
                persons authorized by the recipient to provide aid, 
                benefits, or services under the recipient's programs or 
                activities.--Subject to subparagraph (C), a recipient 
                is liable if its agent, employee, or other person 
                authorized by the recipient to provide aid, benefit, or 
                service under the recipient's program or activity, 
                engages in harassment on the basis of race, color, or 
                national origin against a person who participates in or 
                receives any benefit, service, or opportunity from such 
                program or activity, or who attempts to receive such 
                benefit, service, or opportunity, regardless of where 
                the harassment occurs, if--
                            ``(i) the harassment is enabled or assisted 
                        by the authority exercised as an employee, 
                        agent, or other authorized person of the 
                        recipient; or
                            ``(ii) the recipient receives notice of the 
                        harassment.
                    ``(B) Harassment by non-agents, non-employees, and 
                other non-authorized persons.--Subject to subparagraph 
                (C), a recipient is liable for harassment on the basis 
                of race, color, or national origin if a person who is 
                not its agent, employee, or other authorized person, 
                engages in harassment on the basis of race, color, or 
                national origin against a person who is participating 
                in or receiving any benefit, service, or opportunity 
                from a program or activity receiving Federal financial 
                assistance, or who is attempting to do so, regardless 
                of where the harassment occurs, if the recipient 
                receives notice of the harassment.
                    ``(C) Affirmative defense.--
                            ``(i) In general.--A recipient is not 
                        liable in a private action for damages under 
                        subparagraph (A) or (B) for harassment on the 
                        basis of race, color, or national origin, if 
                        the recipient demonstrates that it exercised 
                        reasonable care to prevent harassment on the 
                        basis of race, color, or national origin, and 
                        promptly remedied the effects of the harassment 
                        at issue, including through a demonstration by 
                        the recipient that it--
                                    ``(I) established, adequately 
                                publicized, and enforced an effective 
                                and comprehensive harassment prevention 
                                policy, training, and complaint 
                                procedure that is likely to provide 
                                redress and avoid harm without exposing 
                                the person subjected to the harassment 
                                to undue risk, effort, or expense;
                                    ``(II) if requested by such person, 
                                or otherwise necessary to protect that 
                                person or other persons within the 
                                program or activity from a significant 
                                ongoing threat, undertook a prompt, 
                                thorough, and impartial investigation 
                                of the harassment at issue;
                                    ``(III) provided supportive 
                                measures that had the purpose and 
                                effect of preserving and restoring the 
                                aggrieved person's equal access to the 
                                benefits or opportunities of the 
                                program or activity receiving Federal 
                                financial assistance, regardless of 
                                whether the aggrieved person requested 
                                an investigation; and
                                    ``(IV) took other necessary, 
                                prompt, and appropriate corrective 
                                action designed to stop the harassment 
                                and remedy its effects.
                            ``(ii) Not establishing reasonable care.--A 
                        showing that the harassment did not recur after 
                        the recipient received notice of the harassment 
                        does not establish reasonable care absent the 
                        demonstration required by subclauses (I), (II), 
                        (III), and (IV) of clause (i).
                    ``(D) Notice.--A recipient receives notice of 
                harassment on the basis of race, color, or national 
                origin when any of the following individuals knew or, 
                in the exercise of reasonable care, should have known 
                about the harassment:
                            ``(i) An agent, employee, or other 
                        authorized person of the recipient who has the 
                        authority to take action to redress the 
                        harassment.
                            ``(ii) An agent, employee, or other 
                        authorized person of the recipient who has the 
                        responsibility to report to an administrator 
                        harassment or similar misconduct by others.
                            ``(iii) An agent, employee, or other 
                        authorized person of the recipient to whom an 
                        individual has made a report of harassment 
                        based on the reasonable belief that the agent, 
                        employee, or other authorized person is an 
                        individual described in clause (i) or (ii).
            ``(2) Definitions.--In this section:
                    ``(A) Harassment on the basis of race, color, or 
                national origin.--The term `harassment on the basis of 
                race, color, or national origin' means a form of 
                discrimination on the basis of race, color, or national 
                origin that alters a person's ability to participate in 
                or receive any benefit, service, or opportunity from a 
                program or activity receiving Federal financial 
                assistance, including by creating an intimidating, 
                hostile, or offensive environment.
                    ``(B) Recipient.--The term `recipient' means an 
                entity described in any of paragraphs (1) through (4) 
                of section 606, and any entity that exercises 
                controlling authority over such entities.
    ``(c) Remedies and Right of Action.--
            ``(1) In general.--Any person aggrieved by the failure of a 
        recipient to comply with this title, including any regulation 
        promulgated pursuant to this title, may bring a civil action in 
        any court of competent jurisdiction.
            ``(2) Right of recovery.--In an action brought against a 
        recipient by or on behalf of an aggrieved person, the aggrieved 
        person may recover equitable and legal relief (such as 
        compensatory damages, including for emotional distress, and 
        punitive damages), and attorney's fees (including expert 
        fees).''.

SEC. 104. AMENDMENTS TO THE AGE DISCRIMINATION ACT OF 1975.

    (a) In General.--Section 303 of the Age Discrimination Act of 1975 
(42 U.S.C. 6102) is amended--
            (1) by inserting ``(a) In General.-- '' before 
        ``Pursuant''; and
            (2) by adding at the end the following:
    ``(b) Liability.--
            ``(1) Harassment by agents, employees, and other persons 
        authorized by the recipient to provide aid, benefits, or 
        services under the recipient's programs and activities.--
        Subject to subsection (c), a recipient that receives Federal 
        financial assistance for a program or activity is liable if its 
        agent, employee, or other person authorized by the recipient to 
        provide aid, benefit, or service under the recipient's program 
        or activity, engages in age-based harassment against a person 
        who participates in or receives any benefit, service, or 
        opportunity from such program or activity, or who attempts to 
        receive such benefit, service, or opportunity, regardless of 
        where the harassment occurs, if--
                    ``(A) the harassment is enabled or assisted by the 
                authority exercised as an employee, agent, or other 
                authorized person of the recipient; or
                    ``(B) the recipient receives notice of the 
                harassment.
            ``(2) Harassment by non-agents, non-employees, and other 
        non-authorized persons.--Subject to subsection (c), a recipient 
        that receives Federal financial assistance for a program or 
        activity is liable for age-based harassment if a person who is 
        not its agent, employee, or other authorized person, engages in 
        age-based harassment against a person who is participating in 
        or receiving any benefit, service, or opportunity from such 
        program or activity, or who is attempting to do so, regardless 
        of where the harassment occurs, if the recipient receives 
        notice of the harassment.
    ``(c) Affirmative Defense.--
            ``(1) In general.--A recipient is not liable in a private 
        action for damages under subsection (b) for age-based 
        harassment if it demonstrates that it exercised reasonable care 
        to prevent age-based harassment and to promptly remedy the 
        effects of the age-based harassment at issue, including through 
        a demonstration by the recipient that it--
                    ``(A) established, adequately publicized, and 
                enforced an effective and comprehensive age-based 
                harassment prevention policy, training, and complaint 
                procedure that is likely to provide redress and to 
                avoid harm without exposing the person subjected to 
                such harassment to undue risk, effort, or expense;
                    ``(B) if requested by the aggrieved person, or 
                otherwise necessary to protect such person or other 
                persons in such program or activity from a significant 
                ongoing threat of harm, undertook a prompt, thorough, 
                and impartial investigation of such harassment;
                    ``(C) provided supportive measures that have the 
                purpose and effect of preserving and restoring an 
                aggrieved person's equal access to the benefits, 
                services, or opportunities of the program or activity 
                involved, regardless of whether such person requests an 
                investigation; and
                    ``(D) took other necessary, immediate, and 
                appropriate corrective action designed to stop such 
                harassment and remedy its effects.
            ``(2) Not establishing reasonable care.--A showing that the 
        harassment did not recur after the recipient receives notice of 
        the harassment does not establish reasonable care absent the 
        demonstration required by subparagraphs (A) through (D) of 
        paragraph (1).
    ``(d) Notice.--A recipient receives notice of age-based harassment 
if an agent, employee, or other authorized person of the recipient 
knew, or in the exercise of reasonable care should have known, about 
the harassment and--
            ``(1) has the authority to take action to redress the 
        harassment;
            ``(2) has the responsibility to report to an administrator 
        harassment or similar misconduct by others; or
            ``(3) receives a report of such harassment from an 
        individual who could reasonably believe that the agent, 
        employee, or other authorized person is as described in 
        paragraph (1) or (2).''.
    (b) Conforming Amendment.--Section 304(b) of the Age Discrimination 
Act of 1975 (42 U.S.C. 6103(b)) is amended--
            (1) in paragraph (1), by striking ``It shall'' and 
        inserting ``Subject to section 305(h)(3), it shall''; and
            (2) in paragraph (2), by striking ``The provisions'' and 
        inserting ``Subject to section 305(h)(3), the provisions''.
    (c) Remedies and Right of Action.--Section 305 of the Age 
Discrimination Act of 1975 (42 U.S.C. 6104) is amended by adding at the 
end the following:
    ``(g) Any person aggrieved by the failure of a recipient to comply 
with this title, or a rule issued under this title--
            ``(1) may bring a civil action in any court of competent 
        jurisdiction; and
            ``(2) notwithstanding subsection (e), may recover equitable 
        and legal relief (such as compensatory damages, including for 
        emotional distress, and punitive damages), and attorney's fees 
        (including expert fees).
    ``(h) Notwithstanding any other provision of this section, in the 
case of alleged age-based harassment in a program or activity of an 
entity described in subparagraph (B) of section 309(4)--
            ``(1) an aggrieved person shall not be required to exhaust 
        administrative remedies;
            ``(2) the relief described in subsection (g)(2) shall be 
        available; and
            ``(3) the provisions of paragraph (1) and (2) of section 
        304(b) shall not apply.''.
    (d) Definitions.--Section 309 of the Age Discrimination Act of 1975 
(42 U.S.C. 6107) is amended--
            (1) in paragraph (3), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (4), by striking the period and inserting 
        a semicolon; and
            (3) by adding at end the following:
            ``(5) the term `age-based harassment' means a form of 
        prohibited discrimination on the basis of an individual's age 
        that alters a person's ability to participate in or receive any 
        benefit, service, or opportunity from a program or activity 
        receiving Federal financial assistance; and
            ``(6) the term `recipient' means an entity described in any 
        of subparagraph (A), (B), (C), or (D) of paragraph (4), and 
        includes any entity that exercises controlling authority over 
        such entity.''.

       TITLE II--TRANSPARENCY, TRAINING, AND SUPPORT FOR STUDENTS

SEC. 201. DEPARTMENT OF EDUCATION ENFORCEMENT.

    (a) Disclosure of Enforcement Actions.--
            (1) Amendment.--The Department of Education Organization 
        Act (20 U.S.C. 3401 et seq.) is amended--
                    (A) in section 203(b), by adding at the end the 
                following new paragraphs:
            ``(3) The Assistant Secretary for Civil Rights shall make 
        publicly available on the Department's website a list of each 
        recipient of Federal financial assistance from the Department 
        that is under investigation for a possible violation of any 
        civil rights law that the Department enforces, the sanctions 
        (if any) or findings issued pursuant to such investigation, and 
        a copy of the final resolution letter, including resolution 
        agreements, entered into by such recipient with the Secretary 
        under any of the civil rights laws enforced by the Department. 
        Any document made publicly available shall have personally 
        identifiable information redacted from it.
            ``(4) Not later than 30 days after the termination of any 
        resolution agreement described in paragraph (3), the Assistant 
        Secretary for Civil Rights shall transmit to the President and 
        the Congress, and make publicly available on the Department's 
        website, the letter terminating the Department of Education's 
        monitoring of such agreement.''; and
                    (B) in section 205, by adding at the end the 
                following new subsection:
    ``(c) Notwithstanding section 498A(b)(8) of the Higher Education 
Act of 1965, the Assistant Secretary for Postsecondary Education shall 
make publicly available on the Department's website a list of each 
institution under investigation for a possible violation of section 
485(f) of the Higher Education Act of 1965, the sanctions (if any) or 
findings issued pursuant to such investigation, and a copy of program 
reviews and resolution agreements entered into by such institution with 
the Secretary. Any document made publicly available shall have 
personally identifiable information redacted from it.''.
            (2) Inspector general.--Not later than one year after the 
        date of enactment of this Act, the Inspector General of the 
        Department of Education shall submit to Congress and make 
        publicly available a report reviewing compliance with 
        paragraphs (3) and (4) of section 203(b) of the Department of 
        Education Organization Act (20 U.S.C. 3413(b)) and subsection 
        (c) of section 205 of such Act (20 U.S.C. 3415), as added by 
        paragraph (1).
    (b) Authority To Levy Fines.--Section 203(c) of the Department of 
Education Organization Act (20 U.S.C. 3413(c)) is amended--
            (1) in paragraph (3), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(5) to impose a civil penalty to be paid by a recipient 
        of Federal funds that has violated a law under the jurisdiction 
        of the Office for Civil Rights, the amount of which shall be 
        determined by the gravity and magnitude of the violation, and 
        the imposition of which shall not preclude other remedies 
        available under Federal law.''.

SEC. 202. DISCLOSURE OF RELIGIOUS EXEMPTIONS FROM TITLE IX OF THE 
              EDUCATION AMENDMENTS OF 1972.

    (a) Amendment to Higher Education Act of 1965.--Section 485 of the 
Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at 
the end the following:
    ``(n) Disclosure of Religious Exemptions From Title IX of the 
Education Amendments of 1972.--Each institution of higher education 
receiving Federal funds participating in any program under this title 
that claims or intends to exercise a religious exemption to the 
requirements of title IX of the Education Amendments of 1972 shall 
submit in writing to the Assistant Secretary for Civil Rights a 
statement by the highest ranking official of the institution of higher 
education, identifying the provisions of part 106 of title 34, Code of 
Federal Regulations, the application of which may conflict with a 
specific tenet of the religious organization that controls the 
institutions of higher education and shall publish on its website, in a 
prominent location, the following:
            ``(1) Request letter.--Each letter submitted by the 
        institution to the Department to request such an exemption.
            ``(2) Exemption letter.--Each letter from the Department to 
        the institution that responds to a request for assurance of 
        such an exemption.
            ``(3) Notice of request.--Notice that the institution has 
        requested acknowledgment of such an exemption under section 
        901(a)(3) of the Education Amendments of 1972.
            ``(4) Notice of exemption.--If applicable, notice that the 
        institution has received acknowledgment of such an exemption 
        under section 901(a)(3) of the Education Amendments of 1972.
            ``(5) Covered applications.--A list of the specific 
        applications of statutory or regulatory provisions for which 
        there is an applicable requested or granted exemption, 
        including any personal characteristics or behaviors to which 
        each requested or granted exemption applies.
            ``(6) Scope of exemption.--A list of each statutory and 
        regulatory provision with respect to which there is an 
        application from which the institution has claimed an exemption 
        and the scope of such exemption.''.
    (b) Disclosures of Requests for Exemptions.--Section 203 of the 
Department of Education Organization Act (20 U.S.C. 3413) is amended by 
adding at the end the following:
    ``(d) The Assistant Secretary for Civil Rights shall publish, on 
the Department's website, in a prominent location, information 
regarding religious exemptions to the requirements of title IX of the 
Education Amendments of 1972, including the name of each recipient of 
Federal financial assistance from the Department that claims an 
exemption, whether that recipient received an acknowledgment of such 
exemption from the Assistant Secretary, and a description of the nature 
and scope of that exemption (including each provision of the statute or 
regulations with respect to which there is an application from which 
the recipient has claimed an exemption, the scope of applications for 
which the exemption was claimed, and justification for the 
exemption).''.

SEC. 203. CLIMATE SURVEYS FOR K-12 SCHOOLS.

    (a) In General.--The Secretary, in consultation with the Attorney 
General, the Director of the Centers for Disease Control and 
Prevention, the Secretary of Health and Human Services, and experts in 
domestic violence, dating violence, sexual assault, disability, sexual 
harassment, and stalking, shall, in accordance with applicable privacy 
laws, develop, design, and make available through a secure and 
accessible online portal, a standardized online survey tool regarding 
the experience of elementary school and secondary school students with 
domestic violence, dating violence, sexual assault, sexual harassment, 
and stalking.
    (b) Development of Survey Tool.--In developing the survey tool 
required under subsection (a), the Secretary shall--
            (1) use best practices from peer-reviewed research 
        measuring domestic violence, dating violence, sexual assault, 
        sexual harassment, and stalking;
            (2) consult with the education community, experts in survey 
        research related to domestic violence, dating violence, sexual 
        assault, sexual harassment, and stalking, and organizations 
        engaged in the prevention of and response to, and advocacy on 
        behalf of victims of, domestic violence, dating violence, 
        sexual assault, sexual harassment, and stalking regarding the 
        development and design of such survey tool and the methodology 
        for administration of such survey tool;
            (3) provide opportunity for stakeholder feedback through 
        public listening sessions or a 30-day open comment period;
            (4) ensure that the survey tool is readily accessible to 
        and usable by individuals with disabilities and publicly 
        accessible in multiple languages, accessibility formats, and 
        provided in a language that parents, family, and community 
        members can understand; and
            (5) ensure that the survey questions are different for 
        staff and students and for different age groups in order to 
        ensure that the questions are developmentally appropriate.
    (c) Elements.--
            (1) In general.--The survey tool developed pursuant to this 
        section shall be fair and unbiased, be scientifically valid and 
        reliable, and meet the highest standards of survey research.
            (2) Survey questions.--Survey questions included in the 
        survey tool developed pursuant to this section shall--
                    (A) be designed to gather information on student 
                experiences with domestic violence, dating violence, 
                sexual assault, sexual harassment, and stalking, 
                including the experiences of victims of such incidents;
                    (B) use trauma-informed language to prevent 
                retraumatization; and
                    (C) include age-appropriate questions--
                            (i) that give students the option to report 
                        their demographic information;
                            (ii) designed to determine the incidence 
                        and prevalence of domestic violence, dating 
                        violence, sexual assault, sexual harassment, 
                        and stalking whether the incident occurred on 
                        or off campus, and whether carried out in whole 
                        or in part through the use of electronic 
                        messaging services, commercial mobile services, 
                        electronic communications, or other technology;
                            (iii) regarding whether students know about 
                        institutional policies and procedures related 
                        to domestic violence, dating violence, sexual 
                        assault, sexual harassment, and stalking;
                            (iv) designed to determine, if complainants 
                        reported domestic violence, dating violence, 
                        sexual assault, sexual harassment, or 
                        stalking--
                                    (I) to whom the incident was 
                                reported and what response, including 
                                any supportive measures, the 
                                complainant may have received;
                                    (II) whether the complainant was 
                                informed of, or referred to, national, 
                                State, local, or on-site resources; and
                                    (III) whether the entity to whom 
                                the complainant reported the incident 
                                conducted an investigation and the 
                                duration and final resolution of such 
                                an investigation;
                            (v) regarding contextual factors, such as 
                        whether force, incapacitation, or coercion was 
                        involved;
                            (vi) to determine whether an accused 
                        individual was a student, faculty, staff, 
                        administrator, or third-party vendor at the 
                        elementary school or secondary school in which 
                        the complainant is enrolled or another school 
                        served by the local educational agency that 
                        serves the elementary school or secondary 
                        school;
                            (vii) to determine whether a complainant 
                        reported an incident to State, local, or 
                        school-based law enforcement;
                            (viii) to determine why the complainant 
                        chose to report or not report an incident to 
                        the school or local educational agency or State 
                        or local law enforcement;
                            (ix) to determine the impact of domestic 
                        violence, dating violence, sexual assault, 
                        sexual harassment, and stalking on the 
                        complainant's education, including diminished 
                        grades, dropped classes, leaves of absence, and 
                        negative financial consequences (including 
                        costs associated with counseling, medical 
                        services, or housing changes);
                            (x) to determine if a complainant was 
                        punished in connection with reporting the 
                        incident or for ancillary behavior related to 
                        the incident (such as punishment for missing 
                        class because of mental health impacts for fear 
                        of perpetrator, being placed on academic 
                        probation for declining grades related to 
                        trauma following incident, and more);
                            (xi) to determine the impact and 
                        effectiveness of prevention and awareness 
                        programs and complaints processes for the 
                        overall student body and different student 
                        populations, including--
                                    (I) students of color;
                                    (II) LGBTQI+ students;
                                    (III) immigrant students;
                                    (IV) pregnant, expectant, or 
                                parenting students; or
                                    (V) students with disabilities; and
                            (xii) to determine attitudes toward sexual 
                        violence and harassment, including the 
                        willingness of individuals to intervene as a 
                        bystander of sex-based (including on the basis 
                        of sex stereotypes, pregnancy, childbirth or a 
                        related medical condition, sexual orientation 
                        and gender identity, or sex characteristics), 
                        race-based, national origin-based, and 
                        disability-based discrimination, harassment, 
                        assault, domestic violence, dating violence, 
                        sexual assault, sexual harassment, and 
                        stalking.
            (3) Additional topics.--States and local educational 
        agencies may add additional questions to the survey tool 
        developed pursuant to this section as they determine 
        appropriate.
    (d) Additional Elements.--In addition to the standardized questions 
developed by the Secretary under subsection (c), an elementary school 
or secondary school may request additional information from students 
that would increase the documentation, through qualitative and 
quantitative evidence of the elementary school or secondary school of 
school climate factors unique to the school.
    (e) Responses.--The responses to the survey questions described in 
subsection (c) shall--
            (1) be submitted confidentially; and
            (2) in the case of such responses being included in a 
        report described in subsection (g), not include personally 
        identifiable information.
    (f) Administration of Survey.--
            (1) Federal administration.--The Secretary, in consultation 
        with the Attorney General, the Director of the Centers for 
        Disease Control and Prevention, and Secretary of Health and 
        Human Services, shall develop a mechanism by which local 
        educational agencies may, with respect to the survey tool 
        developed pursuant to this section--
                    (A) administer such survey tool in compliance with 
                applicable privacy laws; and
                    (B) modify such survey tool to include additional 
                elements or requirements, as determined by the 
                elementary school or secondary school.
            (2) Costs.--The Secretary may not require a local 
        educational agency to pay to modify the survey tool in 
        accordance with paragraph (1)(B).
            (3) Accessibility.--The Secretary shall ensure that the 
        survey tool is administered in such a way as to be readily 
        accessible to and usable by individuals with disabilities.
            (4) Administration.--Beginning not later than 1 year after 
        the date on which the Secretary makes available to local 
        educational agencies the mechanism described in paragraph (1), 
        and every 2 years thereafter, each local educational agency 
        that receives Federal financial assistance (as such term is 
        defined in section 7501(a)(5) of title 31, United States Code) 
        shall administer the survey tool developed pursuant to this 
        section.
            (5) Completed surveys.--The Secretary shall require each 
        local educational agency that receives Federal financial 
        assistance (as such term is defined in section 7501(a)(5) of 
        title 31, United States Code) to ensure, to the maximum extent 
        practicable, that an adequate, random, and representative 
        sample size of students (as determined by the Secretary) 
        enrolled in the local educational agency complete the survey 
        tool developed pursuant to this section.
            (6) Personally identifiable information.--Information from 
        the survey tool shall not be disaggregated or reported if the 
        number of students in a category is insufficient to yield 
        statistically reliable information or the results would reveal 
        personally identifiable information about an individual 
        student.
    (g) Report.--Beginning not later than 2 years after the date of 
enactment of this Act, and every 2 years thereafter, the Secretary 
shall, in accordance with applicable privacy laws and in accordance 
with subsection (f)(6)--
            (1) prepare a 2-year report on the information gained from 
        the standardized elements of the survey under this section, 
        which shall include school-level data that permits comparisons 
        across elementary schools and secondary schools;
            (2) publish such report in an accessible format on the 
        website of the Department of Education; and
            (3) submit such report to Congress.
    (h) Publication.--Each elementary school or secondary school shall 
publish, in accordance with applicable privacy laws and with subsection 
(f)(6) and in a manner that is readily accessible and usable by 
individuals, including individuals with disabilities--
            (1) the results of the standardized elements of the survey 
        under this section on the website of the elementary school or 
        secondary school; and
            (2) the results of the additional elements modifying the 
        survey by the elementary school or secondary school, if any, on 
        the school's website.
    (i) Definitions.--In this section:
            (1) ESEA terms.--The terms ``elementary school'', ``local 
        educational agency'', and ``secondary school'' have the 
        meanings given the terms in section 8101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (2) Personally identifiable information.--The term 
        ``personally identifiable information'' means, with respect to 
        a student--
                    (A) the student's name, whether given at birth or 
                time of adoption, or resulting from a lawful change of 
                name;
                    (B) the name of the student's parent or another 
                family member;
                    (C) the address of the student or another family 
                member;
                    (D) a personal identifier, such as the student's 
                social security number, student number, or biometric 
                record;
                    (E) another indirect identifier, such as the 
                student's date of birth, place of birth, or mother's 
                maiden name; and
                    (F) other information that, alone or in 
                combination, is linked or linkable to the student that 
                would allow a reasonable person in the school 
                community, who does not have personal knowledge of the 
                relevant circumstances, to identify the student with 
                reasonable certainty.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (4) Sexual harassment.--The term ``sexual harassment'' 
        means any unwelcome conduct of a sexual nature, regardless of 
        whether it is direct or indirect, or verbal or nonverbal 
        (including conduct that is undertaken in whole or in part, 
        through the use of electronic messaging services, commercial 
        mobile services, electronic communications, or other 
        technology), that unreasonably alters an individual's terms, 
        benefits, or privileges of an education program or activity, 
        including by creating an intimidating, hostile, or offensive 
        environment, which takes the form of--
                    (A) a sexual advance;
                    (B) a request for sexual favors;
                    (C) a sexual act, where such submission is made 
                either explicitly or implicitly a term or condition of 
                a program or activity at a school or school activity, 
                regardless of a student's submission to or rejection of 
                such sexual act;
                    (D) a sexual act, where such submission or 
                rejection is used as the basis for a decision affecting 
                a term or condition of a program or activity at a 
                school or school activity, regardless of a student's 
                submission to or rejection of such sexual act;
                    (E) other conduct of a sexual nature; or
                    (F) domestic violence, intimate partner violence 
                (dating violence), and sex-based stalking.

SEC. 204. CIVIL RIGHTS DATA COLLECTION.

    The Assistant Secretary of Education for Civil Rights shall collect 
and publish within the Civil Rights Data Collection, in addition to 
data already collected and in accordance with section 444 of the 
General Education Provisions Act (20 U.S.C. 1232g) (commonly known as 
the ``Family Educational Rights and Privacy Act of 1974'') and section 
203(c)(1) of the Department of Education Organization Act (20 U.S.C. 
3413(c)(1)), data addressing--
            (1) the prevalence of harassment based on race, color, 
        national origin, sex, and disability, as determined through 
        reports made in schools; and
            (2) the results of complaint procedures related to such 
        harassment in schools.

SEC. 205. SUPPORT FOR STUDENTS.

    (a) Student Victim Support and Resources.--The Secretary of 
Education shall require Title IX Coordinators and school 
administrators, upon receiving notice of possible sex-based harassment, 
to notify the complainant in writing and orally, about available 
assistance to support the complainant of sexual harassment and ensure 
the complainant's continued and equal access to education, regardless 
of the location of the harassment, including--
            (1) academic adjustment or other accommodations, such as 
        adapting course schedules, assignments, or tests, issuing no-
        contact orders, altering housing, or taking other measures to 
        ensure the complainant's access to educational opportunities is 
        not interrupted after a report has been made or during a 
        grievance process;
            (2) information about and access to support services for 
        the complainant, such as counseling, mental health and other 
        health services, and disability accommodations;
            (3) providing increased monitoring or supervision at 
        locations or activities where the misconduct occurred or may 
        have occurred; and
            (4) reasonable accommodations for complainants and 
        respondents with disabilities, including pre-existing 
        disabilities and disabilities arising out of sex-based 
        harassment, consistent with laws that protect students with 
        disabilities, including 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.), and the Individuals with 
        Disabilities Education Act (20 U.S.C. 1400 et seq.).
    (b) Protection for Student Victims and Reporting Parties.--Working 
in collaboration with the Title IX Coordinator, institutions of higher 
education and local educational agencies shall issue guidance and 
disseminate guidance that explicitly address protections for students 
from punishment or retaliation when making reports of sexual 
harassment. Guidance shall be issued to all persons who participate in 
or receive any benefit, service, or opportunity from the issuing 
institution of higher education or local educational agency. Such 
guidance shall apply to all reports of harassment, including in the 
context of a same-gender relationship or encounter, and ensure that for 
all reports of sexual harassment--
            (1) the school will not take disciplinary action against 
        individuals, including witnesses, disclosing code-of-conduct 
        offenses that are related to the reported incident, including 
        the use of intoxicating substances occurring at or around the 
        time of a reported incident, reasonable actions taken to defend 
        against harassment, or actions taken to avoid contact with the 
        respondent;
            (2) if a school's code-of-conduct prohibits sexual activity 
        (or certain forms of sexual activity), the school will not take 
        disciplinary action against individuals disclosing in good 
        faith (including witnesses) non-harassing sexual activity 
        related to the reported incident, or for other non-harassing 
        sexual activity discovered during an investigation into the 
        reported incident;
            (3) the Title IX Coordinator shall review any disciplinary 
        actions related to a complaint of harassment to ensure that 
        such actions do not further discriminate or harass a 
        complainant (such as requiring therapy or participation in 
        programming focused on altering a student's sexual orientation 
        or gender identity);
            (4) a party who reports harassment shall not be disciplined 
        for a ``false report'' or for prohibited sexual conduct solely 
        because the school has decided there is insufficient evidence 
        for a finding of responsibility or because the respondent is 
        found not responsible; and
            (5) the school will address reports of retaliation against 
        complainants, which may include investigation or discipline for 
        retaliation.
    (c) Definitions.--In this section:
            (1) ESEA terms.--The terms ``elementary school'', ``local 
        educational agency'', and ``secondary school'' have the 
        meanings given the terms in section 8101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (2) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002).
            (3) Sexual harassment.--The term ``sexual harassment'' has 
        the meaning given the term in section 203(i).
            (4) Title ix coordinator.--The term ``Title IX 
        Coordinator'' means the employee of a recipient of Federal 
        financial assistance (as such term is defined in section 
        7501(a)(5) of title 31, United States Code) from the Department 
        of Education, designated or authorized to coordinate the 
        recipient's efforts to comply with its obligations under title 
        IX of the Education Amendments of 1972 (20 U.S.C. 1681 et 
        seq.).

SEC. 206. TITLE IX COORDINATORS AND TRAINING REQUIREMENTS.

    (a) Duties and Scope of Title IX Coordinators.--
            (1) In general.--For each local educational agency or 
        institution of higher education that receives Federal financial 
        assistance from the Department of Education, the following 
        requirements shall apply as a condition on continued receipt of 
        such assistance:
                    (A) The recipient shall designate at least one 
                full-time equivalent employee to serve as a Title IX 
                Coordinator per institution of higher education, per 
                75,000 students in 7th grade or above served by the 
                local educational agency, and per 150,000 students in 
                6th grade or below served by the local educational 
                agency.
                    (B) The local educational agency or institution of 
                higher education shall ensure students and staff are 
                made aware of the Title IX Coordinator, the role of the 
                Title IX Coordinator, and the time at which the Title 
                IX Coordinator is available to meet.
                    (C) The Title IX Coordinator shall not have any 
                other school-related responsibilities that may create a 
                conflict of interest.
            (2) Duties.--Each Title IX Coordinator for a local 
        educational agency or institution of higher education shall 
        ensure compliance under Federal, State, and local laws and 
        policies against sex discrimination, including title IX of the 
        Education Amendments of 1972 (20 U.S.C. 1681 et seq.), by doing 
        the following:
                    (A) Ensuring that every individual affected by the 
                operations of the local educational agency or 
                institution of higher education, including students, 
                employees, and applicants for admission or employment, 
                and where appropriate, parents and guardians, are aware 
                of their rights under Federal, State, and local laws 
                and policies against sex discrimination, including 
                under title IX of the Education Amendments of 1972, and 
                that the local educational agency or institution of 
                higher education and its employees comply with those 
                laws and policies, including receiving training on the 
                laws and policies.
                    (B) Ensuring that notices of nondiscrimination, 
                relevant policies and grievance procedures, and current 
                contact information of all Title IX Coordinators are 
                disseminated broadly and in an age-appropriate and 
                accessible manner to all students, employees, and 
                applicants for admission or employment, and where 
                appropriate, parents and guardians, including on school 
                websites and in school handbooks.
                    (C) Monitoring complaints alleging harassment, 
                including sexual harassment, and other forms of 
                discrimination based on sex (including sexual 
                orientation, gender identity, sex characteristics, 
                pregnancy, childbirth, a medical condition related to 
                pregnancy or childbirth, and sex stereotypes), 
                including supportive measures offered to complainants, 
                reasonable accommodations for complainants and 
                respondents with disabilities, and the outcomes of 
                complaints.
                    (D) Identifying patterns of sex discrimination from 
                complaints and addressing their impact on the 
                educational community.
                    (E) Monitoring the education program or activity 
                for barriers to reporting information about conduct 
                that may constitute sex discrimination under title IX 
                of the Education Amendments of 1972 and taking steps 
                reasonably calculated to address such barriers.
                    (F) Coordinating dissemination, collection, and 
                analysis of climate surveys described in section 203, 
                and identifying and proactively addressing sex 
                discrimination in the local educational agency or 
                institution of higher education based on the results of 
                climate surveys.
                    (G) Overseeing age-appropriate, accessible, and 
                trauma-informed sexual harassment prevention education 
                and training provided to school employees and students 
                at least once per school year and ensuring that such 
                prevention education and training include diverse 
                communities and identities, informed by research, and 
                conducted in partnership with local rape crisis 
                centers, State sexual assault coalitions, or community 
                organizations that work on addressing sex 
                discrimination, including sexual harassment in schools.
            (3) Waiver authorized for local educational agencies.--
                    (A) In general.--
                            (i) Requesting a waiver.--A local 
                        educational agency described in paragraph (1) 
                        may request a waiver from the Secretary of one 
                        or more of the requirements of such paragraph 
                        on the basis that the requirement poses an 
                        insurmountable financial burden to the agency 
                        and the agency has been unable to secure 
                        sufficient grants under paragraph (4).
                            (ii) Alternative plan.--
                                    (I) In general.--The waiver process 
                                shall include requiring the local 
                                educational agency to submit an 
                                alternative plan for ensuring that 
                                students are aware of their rights 
                                under title IX of the Education 
                                Amendments of 1972 (20 U.S.C. 1681 et 
                                seq.) and have access to a Title IX 
                                Coordinator.
                                    (II) Alternative plan.--An 
                                alternative plan submitted under 
                                subclause (I) shall include, at a 
                                minimum, a demonstration that the local 
                                educational agency has entered into a 
                                partnership with a local rape crisis 
                                center or a national or community-based 
                                organization that specializes in trauma 
                                or crisis management and support. Such 
                                a plan shall establish a clear 
                                delineation of the roles and 
                                responsibilities of the center or 
                                organization with the local educational 
                                agency, which also includes providing 
                                preventative training and supporting 
                                measures when addressing reports of 
                                sex-based harassment.
                    (B) Withholding assistance.--If a local educational 
                agency has a waiver approved under this paragraph but 
                does not follow the alternative plan, or the Secretary 
                determines the plan was insufficient to prevent and 
                respond to sexual 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 assistance.
                    (C) Length of waiver.--A waiver granted under this 
                paragraph shall be valid for 2 years.
            (4) Authorization of funds for grants.--
                    (A) In general.--To carry out this subsection, 
                there are authorized to be appropriated to the 
                Secretary $100,000,000 for grants to local educational 
                agencies and institutions of higher education described 
                in paragraph (1) to offset the financial burden of 
                satisfying the requirements of this subsection. In 
                making grants under this paragraph, the Secretary shall 
                give priority to local educational agencies and 
                institutions of higher education that otherwise would 
                face a high financial burden in fulfilling such 
                requirements.
                    (B) Definition of institution of higher 
                education.--In this paragraph, the term ``institution 
                of higher education'' has the meaning given the term in 
                section 101 of the Higher Education Act of 1965 (20 
                U.S.C. 1001).
    (b) Training Requirements.--
            (1) Training program.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Secretary, in 
                coordination with the Attorney General and in 
                consultation with national, State, or local victim 
                services organizations, local educational agencies, and 
                institutions of higher education, shall develop a 
                training program, which may include online training 
                modules, for training each individual who is involved 
                in implementing student grievance procedures at an 
                institution of higher education or local educational 
                agency that receives Federal financial assistance from 
                the Department of Education, including each individual 
                who is responsible for resolving complaints of reported 
                sex-based harassment, including domestic violence, 
                dating violence, sexual assault, sexual harassment, 
                stalking, or sexual misconduct policy violations, such 
                as an investigator, decision-maker, informal resolution 
                facilitator, or Title IX Coordinator.
                    (B) Contents.--The training described in 
                subparagraph (A) shall include the following:
                            (i) The role and responsibility of Title IX 
                        Coordinators.
                            (ii) Information and evidence-based best 
                        practices for increasing awareness about rights 
                        and obligations under title IX of the Education 
                        Amendments of 1972 (20 U.S.C. 1681 et seq.).
                            (iii) Information and evidence-based best 
                        practices for investigating and responding to 
                        claims of violations of title IX of the 
                        Education Amendments of 1972 (20 U.S.C. 1681 et 
                        seq.), including--
                                    (I) information on working with and 
                                interviewing persons subjected to sex-
                                based harassment, including domestic 
                                violence, dating violence, sexual 
                                assault, sexual harassment, or 
                                stalking;
                                    (II) information on particular 
                                types of conduct that would constitute 
                                sex-based harassment, including 
                                domestic violence, dating violence, 
                                sexual assault, sexual harassment, or 
                                stalking, regardless of gender, 
                                including same-sex incidents of 
                                domestic violence, dating violence, 
                                sexual assault, sexual harassment, or 
                                stalking;
                                    (III) information on consent, and 
                                what factors, including power dynamics, 
                                may impact whether consent is 
                                voluntarily given, including the effect 
                                that drugs or alcohol may have on an 
                                individual's ability to consent and 
                                information on consent for individuals 
                                with disabilities or individuals who 
                                are neurodivergent;
                                    (IV) the effects of trauma, 
                                including the neurobiology of trauma;
                                    (V) training regarding the use of 
                                trauma-informed interview techniques, 
                                and reasonable accommodations for 
                                interviewees with disabilities;
                                    (VI) cultural awareness training 
                                regarding how sex-based harassment, 
                                including domestic violence, dating 
                                violence, sexual assault, sexual 
                                harassment, or stalking may impact 
                                students differently depending on their 
                                cultural background;
                                    (VII) information on sexual assault 
                                dynamics, sexual assault perpetrator 
                                behavior, and barriers to reporting;
                                    (VIII) the dynamics of power and 
                                control within intimate partner 
                                violence and reactive abuse;
                                    (IX) safety risks for victims 
                                associated with reporting abuse or 
                                seeking help;
                                    (X) information on harassment and 
                                abuse of LGBTQI+ students; and
                                    (XI) information on harassment and 
                                abuse of disabled students.
                            (iv) For Title IX Coordinators, additional 
                        training on information and evidence-based best 
                        practices for identifying and preventing 
                        implicit and explicit sex discrimination in all 
                        areas and at all levels of education, 
                        including--
                                    (I) recruitment and admissions;
                                    (II) teaching practices, textbooks, 
                                and curricula;
                                    (III) campus safety and security;
                                    (IV) financial assistance;
                                    (V) access to facilities, 
                                resources, and housing;
                                    (VI) access to course offerings;
                                    (VII) student health services and 
                                insurance benefits;
                                    (VIII) counseling and career 
                                guidance;
                                    (IX) athletics;
                                    (X) discipline policies;
                                    (XI) employment; and
                                    (XII) other areas that the 
                                Assistant Secretary for Civil Rights of 
                                the Department of Education determines 
                                are relevant for such purposes.
            (2) Institutional training.--Each institution of higher 
        education or local educational agency that receives Federal 
        financial assistance from the Department of Education, shall 
        ensure that the individuals and employees described in 
        paragraph (1)(A) receive the training described in this 
        subsection not later than the first July 15 following the date 
        that is 1 year after the date on which the Secretary completes 
        the development of the training, and annually thereafter.
            (3) Authorization of funds for grants for training for 
        local educational agencies.--There are authorized to be 
        appropriated to the Secretary $50,000,000 for grants to local 
        educational agencies to train elementary school and secondary 
        school teachers and other school staff on how to prevent, 
        recognize, and respond to signs of sexual harassment and 
        assault among students or between students and adults, as well 
        as grooming behaviors of adults toward students at school.
            (4) Authorization of funds for grants for training for 
        institutions of higher education.--
                    (A) In general.--There are authorized to be 
                appropriated to the Secretary $50,000,000 for grants to 
                institutions of higher education to train faculty, 
                staff, and administrators on how to prevent, recognize, 
                and respond to signs of sexual harassment and assault 
                among students or between students and employees, as 
                well as grooming behaviors of adults toward students.
                    (B) Definition of institution of higher 
                education.--In this paragraph, the term ``institution 
                of higher education'' has the meaning given the term in 
                section 101 of the Higher Education Act of 1965 (20 
                U.S.C. 1001).
    (c) Definitions.--In this section:
            (1) ESEA terms.--The terms ``elementary school'', ``local 
        educational agency'', and ``secondary school'' have the 
        meanings given the terms in section 8101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (2) Grooming.--The term ``grooming'', used with respect to 
        a behavior, means a method used by an adult to build trust with 
        a student in an effort to both maintain control over the 
        student and gain access to time alone with the student for the 
        purposes of sexual harassment, as defined in section 203(i).
            (3) Institution of higher education.--Except as otherwise 
        provided, the term ``institution of higher education'' has the 
        meaning given the term in section 102 of the Higher Education 
        Act of 1965 (20 U.S.C. 1002).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (5) Sexual harassment.--The term ``sexual harassment'' has 
        the meaning given the term in section 203(i).
            (6) Title ix coordinator.--The term ``Title IX 
        Coordinator'' has the meaning given the term in section 205(c).
                                 <all>