Students' Access to Freedom and Educational Rights Act of 2022

Bill: 117-s-5158
Sponsor: full_name: Sen. Casey, Robert P., Jr. [D-PA]
Introduced: 2022-12-01
Policy area: Education
Latest action: action_date: 2022-12-01
text: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Summaries:
action_date: 2022-12-01
action_desc: Introduced in Senate
text: <p><b>Students' Access to Freedom and Educational Rights Act of 2022</b></p> <p>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.</p>

tv_txt: II 117th CONGRESS 2d Session S. 5158 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.

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. 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. I Prohibition on Harassment 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: 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. . 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). . 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). . 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. . II Transparency, training, and support for students 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. . 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). . 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. 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. 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. ). 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).