HR 1557
Stop Sexual Harassment in K–12 Act
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Bill overview
The Stop Sexual Harassment in K–12 Act aims to improve how schools address sexual harassment and assault. It requires local educational agencies to increase the number of full-time Title IX coordinators, provides funding for teacher training on recognizing and responding to harassment, and mandates the Department of Education to develop a survey to assess the prevalence of such incidents. The bill also establishes a grant program to support these efforts and includes provisions for waivers if agencies face significant financial burdens.
Key provisions
- Requires local educational agencies to increase the number of full-time Title IX coordinators.
- Creates a grant program to train teachers and staff on recognizing and responding to sex-based harassment and assault.
- Mandates the Department of Education to develop a sex-based harassment survey.
- Establishes a process for local educational agencies to request waivers from certain requirements if they face financial hardship.
- Requires Title IX Coordinators to have no other school-related responsibilities that could create conflicts of interest.
- Outlines specific duties for Title IX Coordinators, including information dissemination and complaint monitoring.
- Authorizes appropriations for grants to local educational agencies to support the implementation of the act.
- Requires local educational agencies to administer a standardized survey on sex-based harassment.
Who is affected
- Elementary and secondary schools
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119th CONGRESS — 1st Session
H. R. 1557
IN THE HOUSE OF REPRESENTATIVES
A BILL
To implement title IX of the Education Amendments of 1972 with respect to elementary and secondary schools, and for other purposes.
This Act may be cited as the Stop Sexual Harassment in K–12 Act
.
75,000 students in 7th grade or above served by the recipient; and
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 prominently on school websites and in school handbooks.
Identifying patterns of discrimination on the basis of sex from complaints and addressing its impact on the school community.
Coordinating dissemination, collection, and analysis of climate surveys, including the survey described in section 4, and identifying and proactively addressing discrimination on the basis of sex in the local educational agency based on the results of climate surveys.
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 domestic violence coalitions, or community organizations that work on addressing discrimination on the basis of sex, including sex-based harassment in schools.
If the Secretary determines (based on a submitted complaint or otherwise) that a recipient has such a waiver approved but has not followed their alternative plan, or if the Secretary determines that their plan was insufficient to prevent and respond to sex-based harassment and assault, the Secretary shall attempt a voluntary resolution. If a voluntary resolution is not possible during a reasonable period of time, the Secretary shall take such action as may be appropriate to withhold Federal financial assistance. A waiver granted under this subsection shall be valid for 2 years.
This section shall take effect 1 year after the date of the enactment of this Act.
Any local educational agency desiring to receive a grant under this section for any fiscal year shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Each such application shall—
include a plan to provide the training described in subsection (a); and
demonstrate how the grant funds will be used to meet the needs for such training.
ensure an equitable geographic distribution of grants under this section, including the distribution of such grants between rural and urban areas; and
administer such survey; and
modify such survey to include additional elements or requirements, as determined by the agency.
Local educational agencies shall ensure that the survey is administered in such a way as to be readily accessible to, and usable by, individuals with disabilities.
shall ensure that the responses to the survey questions—
are collected by individuals who are not in daily or close contact with the students; and
in a case in which such responses are included in a report, do not include personally identifiable information.
The statistics compiled under subsection (c) 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.
The survey shall give—
students the option to report their demographic information; and
subject to subsection (a), shall address—
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;
whether individuals impacted by sex-based harassment have experienced negative effects on their education, including diminished grades, dropped classes, or leaves of absence;
if such an individual reported to the school—
did the school conduct an investigation;
if an investigation was conducted, how long did the investigation take; and
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;
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
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.
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 schools and secondary schools under the jurisdiction of the agency complete the survey tool developed pursuant to this section.
shall prepare an annual 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 educational institutions; and
shall submit such report to the Congress.
There are authorized to be appropriated $10,000,000 to carry out this section for each of the first five fiscal years that begin after the date of the enactment of this Act.
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 titles VI and VII 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 those Acts.
It is the sense of the Congress that it is valuable for students to have access to confidential reporting of sex-based harassment and abuse, and schools should attempt to provide that to the extent possible in accordance with State and local laws.
In this Act:
The term elementary school means—
a public or private preschool.
A grant or loan of Federal financial assistance, including funds made available for—
the acquisition, construction, renovation, restoration, or repair of a building or facility or any portion thereof; and
scholarships, loans, grants, wages or other funds extended to any entity for payment to or on behalf of students admitted to that entity, or extended directly to such students for payment to that entity.
A grant of Federal real or personal property or any interest therein, including surplus property, and the proceeds of the sale or transfer of such property, if the Federal share of the fair market value of the property is not, upon such sale or transfer, properly accounted for to the Federal Government.
Provision of the services of Federal personnel.
Sale or lease of Federal property or any interest therein at nominal consideration, or at consideration reduced for the purpose of assisting the recipient or in recognition of public interest to be served thereby, or permission to use Federal property or any interest therein without consideration.
Any other contract, agreement, or arrangement which has as one of its purposes the provision of assistance to any education program or activity, except a contract of insurance or guaranty.
The term local educational agency has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (8 U.S.C. 7801).
The term pregnancy or related conditions includes pregnancy, childbirth, termination of pregnancy, lactation, miscarriage, fertility care, contraceptive care, and related medical care and conditions, including recovery from such conditions.
The term secondary school means—
an institution of vocational education that serves secondary school students.
The term Secretary means the Secretary of Education.
The term sex-based harassment includes the following:
Other conduct on the basis of sex that is one of the following:
The term stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to—
fear for the person’s safety or the safety of others; or
suffer substantial emotional distress.
The term Title IX Coordinator means—
the employee of a recipient designated or authorized to coordinate the recipient’s efforts to comply with its responsibilities under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and the regulations promulgated to carry out such title; or