Stop Sexual Harassment in K–12 Act

Bill: 117-hr-7620
Sponsor: full_name: Rep. Casten, Sean [D-IL-6]
Introduced: 2022-04-28
Policy area: Education
Latest action: action_date: 2022-04-28
text: Referred to the House Committee on Education and Labor.

Summaries:
action_date: 2022-04-28
action_desc: Introduced in House
text: <p><b>Stop Sexual Harassment in K-12 Act</b></p> <p>This bill outlines the role and duties of Title IX coordinators in elementary and secondary schools, including by requiring local educational agencies to increase the number of full-time employees designated to serve as a Title IX coordinator per specified student population. The bill also creates a grant program to train teachers and staff on how to respond to signs of sexual harassment and assault of students and requires the Department of Education to develop a sexual violence climate survey.</p>

tv_txt: I 117th CONGRESS 2d Session H. R. 7620 IN THE HOUSE OF REPRESENTATIVES April 28, 2022 Mr. Casten (for himself and Ms. Lois Frankel of Florida ) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To implement title IX of the Education Amendments of 1972 with respect to elementary and secondary schools, and for other purposes.

1. Short title This Act may be cited as the Stop Sexual Harassment in K–12 Act . 2. Title IX Coordinator (a) In general For each local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 8 U.S.C. 7801 )) that receives Federal financial assistance (as such term is defined in section 7501(a)(5) of title 31, United States Code), the following requirements shall apply as a condition on continued receipt of such assistance: (1) The recipient shall increase the number of full-time employees designated to serve as a Title IX Coordinator by at least one per— (A) 75,000 students in 7th grade or above served by the recipient; and (B) 150,000 students in 6th grade or below served by the recipient. (2) The recipient shall ensure students and staff are made aware of these employees, their role, and the times at which they are available to meet. (3) A Title IX Coordinator should not have any other school-related responsibilities that may create a conflict of interest, including serving in the school administrative leadership or local educational agency administrative leadership (such as serving as a principal, vice principal, headmaster, superintendent, board member, general counsel, athletics director, etc.). (4) A Title IX Coordinator, along with a principal, campus security, bus driver, teacher, counselor or social worker, affirmative action officer, coach, or any other staff member, shall be considered an appropriate person to whom to disclose sexual discrimination for purposes of the legal standards that enable private rights of action. (b) Duties Each Title IX Coordinator for a local educational agency shall ensure the local educational agency’s compliance under Federal policies against sex discrimination, including title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), by doing the following: (1) Ensuring that every individual affected by the operations of the local educational agency, including students, parents, guardians, employees, and applicants for admission or employment, is aware of their rights 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. ), and that the local educational agency and its employees comply with those laws and policies, including receiving training on the laws and policies. (2) 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 manner accessible to all students, parents, guardians, and employees and applicants for admission or employment, including on school websites and in school handbooks. (3) Monitoring complaints alleging discrimination based on sex (including sexual orientation, gender identity, sex characteristics (including intersex traits), pregnancy, childbirth, a medical condition related to domestic violence, dating violence, sexual assault, sexual violence, stalking, pregnancy or childbirth, and a sex stereotype), domestic violence, dating violence, sexual assault, sexual violence, stalking, and sexual harassment, including supportive measures offered to complainants and the outcomes of complaints. (4) Identifying patterns of sex discrimination from complaints and addressing its impact on the school community. (5) Coordinating dissemination, collection, and analysis of climate surveys, including the survey described in section 4, and identifying and proactively addressing sex discrimination in the local educational agency based on the results of climate surveys. (6) Overseeing age-appropriate annual sexual harassment prevention education and trainings to school employees and students and ensuring that prevention education and training is inclusive of 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. (c) Waiver authorized (1) In general A recipient described in subsection (a) may request a waiver from the Secretary of Education of one or more of the requirements under such subsection on the basis that the requirement poses an insurmountable financial burden to the recipient and the recipient has been unable to secure sufficient grants under subsection (d). (2) Alternative plan The waiver process shall include requiring the recipient to submit an alternative plan for ensuring 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. At the very minimum within their alternative plan, the recipient shall establish a partnership, through a memorandum of understanding, with a local rape crisis center or a national or community-based organization that specializes in trauma or crisis management and support. The memorandum of understanding shall establish a clear delineation of the roles and responsibilities of the partners, which shall also include providing preventative training and supporting measures when addressing reports about incidents of campus sexual violence. (3) Failure to follow alternative plan If a recipient has such a waiver approved but does not follow their alternative plan, or the Secretary of Education deems their plan was insufficient to prevent and respond to sexual harassment and assault, the Secretary shall take such action as may be appropriate to withhold Federal financial assistance. A waiver granted under this subsection shall be valid for 2 years. (d) Grants To carry out this section, there are authorized to be appropriated to the Secretary of Education $100,000,000 for grants to recipients described in subsection (a) to offset the financial burden of satisfying the requirements of this section. In making grants under this subsection, priority shall be given to local educational agencies that otherwise would face a high financial burden in fulfilling such requirements. (e) Definition In this section, 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) with major responsibility for coordinating 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. ). 3. Grants for training on how to respond to signs of sexual harassment and assault of students There are authorized to be appropriated to the Secretary of Education $50,000,000 for grants to local educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 8 U.S.C. 7801 )) to train elementary 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 sexual grooming of students by adults at school. 4. Climate surveys (a) Sexual violence climate survey (1) In general The Secretary of Education, in consultation with the Attorney General and the Director of the Centers for Disease Control of the Department of Health and Human Services, shall develop an empirically validated sexual violence climate survey to be conducted on an anonymous basis of elementary and secondary school students and staff not later than one year after the date of the enactment of this Act. The survey shall assess the occurrence on school property, during the preceding calendar year for which data is available, of instances of domestic violence, dating violence, sexual assault, sexual violence, sexual harassment, and stalking. (2) Requirements The survey tool developed pursuant to this section— (A) shall be fair and unbiased, be scientifically valid and reliable, meet the highest standards of survey research, and notify the participant that anonymized results of the survey may be published; (B) shall ensure that the survey tool is readily accessible to, and usable by, individuals with disabilities; and (C) shall ensure that the responses to the survey questions— (i) are submitted confidentially; (ii) are not included in crime statistics; and (iii) in a case in which such responses are included in a report, do not include personally identifiable information. (b) Statistics Beginning 18 months after the date of the enactment of this Act, such officials shall compile statistics based upon their analysis of the results of the survey. Such officials shall update, conduct, and compile the results of, the survey every 2 years thereafter. The compiled statistics should be disaggregated by local educational agency, except that such disaggregation shall not be required in the case of a local educational agency of a size such that the results would reveal personally identifiable information about an individual student, in which case, an alternate basis for disaggregation shall be selected. (c) Public availability The statistics compiled under subsection (b) shall be made publicly available on the website of the Department of Education and readily accessible to and usable by individuals, including individuals with disabilities. (d) Biennial report Beginning not later than 2 years after the date of the enactment of this Act, the Secretary of Education— (1) shall prepare a biennial report on the information gained from the standardized elements of the survey under this section and publish such report in an accessible format on the website of the Department of Education, including as part of any online consumer tool offered or supported by the Department of Education that provides information to students regarding specific postsecondary educational institutions; and (2) shall submit such report to the Congress. (e) Developmentally appropriate content The Secretary shall ensure that the survey questions vary between staff and students and for different age groups in order to ensure that the questions are developmentally appropriate. (f) Option To report demographic information The survey shall give students the option to report their demographic information. (g) Topics Survey questions included in the survey tool developed pursuant to this section— (1) shall 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; (2) shall use trauma-informed language to prevent re-traumatization; and (3) subject to subsection (e), shall address— (A) whether the instances domestic violence, dating violence, sexual assault, sexual violence, sexual harassment, and stalking described were experienced in-person or through electronic means; (B) the effectiveness of school sexual violence awareness and prevention programs and policies for the overall student body and different student populations, such as students of color, students in the LGBTQ communities, immigrant students, pregnant and parenting students, and students with disabilities; (C) the effectiveness of current processes for complaints on and investigations into sex-based, race-based, national origin-based, sexual orientation-based, gender identity-based, and disability-based harassment, assault, discrimination, domestic violence, dating violence, and stalking; (D) students’ awareness of school policies and procedures, including— (i) the location and process for accessing school resources, such as a Title IX Coordinator designated by the school pursuant to title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ); and (ii) processes for remote learning; (E) whether individuals impacted by sexual harassment, sexual violence, discrimination, domestic violence, dating violence, and stalking have experienced negative effects on their education, including diminished grades, dropped classes, or leaves of absence; (F) what training is being provided to teachers and staff on policies and procedures pertaining to sexual harassment, sexual violence, discrimination, domestic violence, dating violence, sexual grooming, and stalking, including best practices in prevention; (G) whether the perpetrator of sexual harassment, sexual violence, discrimination, domestic violence, dating violence, and stalking was a student, school employee, or volunteer and other contextual factors; (H) whether individuals impacted by sexual harassment, sexual violence, discrimination, domestic violence, dating violence, and stalking reported or did not report such sexual harassment, sexual violence, discrimination, domestic violence, dating violence, and stalking; (I) if such an individual did so report, to whom they reported, and what response the survivor received to include being informed of, or referred to, national, State, local, tribal, or resources; (J) if such an individual reported to the school— (i) did the school conduct an investigation; (ii) if an investigation was conducted, how long did the investigation take; and (iii) if an investigation was conducted, what was the final resolution of the investigation; (K) if such an individual did so report, whether they experienced retaliation following the reporting; (L) school community members’, such as students, full-time and part-time staff and faculty, and administration officials, attitudes toward sexual violence and harassment, including individuals’ willingness to intervene as a bystander of sex-based, race-based, national origin-based, sexual orientation-based, gender identity-based, and disability-based discrimination, harassment, assault, domestic violence, dating violence, and stalking; (M) school community members’, such as students, full-time and part-time staff and faculty, and administration officials, perception of school safety and confidence in the school’s ability to appropriately address sex-based, race-based, national origin-based, sexual orientation-based, gender identity-based, and disability-based discrimination, harassment, assault, domestic violence, dating violence, and stalking; and (N) any other issues relating to sex-based, race-based, national origin-based, sexual orientation-based, gender identity-based, and disability-based discrimination, harassment, assault, domestic violence, dating violence, and stalking, as appropriate. (h) Additional topics States and local educational agencies may add additional questions to the survey as they determine appropriate. (i) Federal administration (1) In general The Secretary of Education, in consultation with the Attorney General, the Director of the Centers for Disease Control and Prevention, and the 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; and (B) modify such survey tool to include additional elements or requirements, as determined by the agency, subject to the review and approval of the Secretary of Education. (2) Accessibility The Secretary of Education shall ensure that the survey tool is administered in such a way as to be readily accessible to and usable by individuals with disabilities. (j) Institutional administration Beginning not later than 1 year after the date on which the Secretary of Education makes available to local educational agencies the mechanism described in subsection (i)(1), and every 2 years thereafter, each local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 8 U.S.C. 7801 )) 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. (k) Completed surveys The Secretary of Education shall require each local educational agency that administers the survey tool developed pursuant to this section to ensure, to the maximum extent practicable, that an adequate, random, and representative sample size of students (as determined by the Secretary) enrolled at elementary and secondary schools under the jurisdiction of the agency complete the survey tool developed pursuant to this section. (l) Authorization of appropriations There are authorized to be appropriated $10,000,000 to carry out this section. 5. Rule of Construction Nothing in this Act shall be construed to preempt, invalidate, or limit rights, remedies, procedures, or legal standards available to victims of discrimination or retaliation under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), or section 1979 of the Revised Statutes ( 42 U.S.C. 1983 ). The obligations imposed by this Act are in addition to those imposed by title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ), and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). 6. Sense of Congress It is the sense of the Congress that it is valuable for students to have access to confidential reporting of sexual harassment and abuse, and schools should attempt to provide that to the extent possible in accordance with State and local laws. 7. Effective date Unless otherwise provided in this Act, this Act shall take effect 1 year after the date of the enactment of this Act.