[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1964 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1964
To support educational entities in fully implementing title IX and
reducing and preventing sex discrimination in all areas of education,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 25, 2019
Ms. Hirono (for herself, Ms. Baldwin, Mr. Blumenthal, Ms. Cantwell, Ms.
Cortez Masto, Mrs. Gillibrand, Ms. Harris, Ms. Hassan, Ms. Klobuchar,
Mr. Markey, Mr. Merkley, Ms. Rosen, Mr. Schatz, Mrs. Shaheen, and Ms.
Warren) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To support educational entities in fully implementing title IX and
reducing and preventing sex discrimination in all areas of education,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patsy T. Mink and Louise M.
Slaughter Gender Equity in Education Act of 2019''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.) (in this Act referred to as ``title IX'') and the
implementing regulations of title IX prohibit sex
discrimination in federally funded education programs and
activities.
(2) Although title IX requires that schools treat students
equally with regard to athletic participation opportunities,
athletic scholarships, and the benefits and services provided
to athletic teams, female participation rates, especially for
girls of color, lag far behind male participation rates.
Currently, only \2/3\ of Black and Latina girls play sports,
and barely over \1/2\ of Asian-American girls play sports,
compared to more than \3/4\ of White girls. Female student
athletes have been found to have higher levels of self-esteem
and to be more likely to graduate from high school than female
students who do not play sports. Although the availability of
athletic scholarships facilitates access to higher education,
many schools fail to award proportional athletic financial aid
to women, which can affect their long-term employment outcomes
and economic security.
(3) Although title IX ensures gender equity in career and
technical education, women are severely underrepresented in
fields nontraditional to their gender. A recent study by the
National Coalition for Women and Girls in Education indicated
that women make up more than 80 percent of workers with
training or certification in historically women-dominated
occupations that pay less than $30,000 per year, including
child care, early childhood education, home care, and
cosmetology. Women represent less than 40 percent of workers
trained or certified in high-paying and historically male-
dominated fields, including transportation, advanced
manufacturing, and construction.
(4) Although title IX ensures gender equity in the fields
of science, technology, engineering, and mathematics (in this
section referred to as ``STEM'') education, women are
disproportionately lost at nearly every stage of the STEM
pipeline. A recent report by the National Center for Education
Statistics showed that women earned only 32 percent of all STEM
degrees in 2017, and nearly \1/2\ of these women were White.
Women of color earned about 12 percent of STEM degrees in that
same year. Furthermore, in STEM fields where women are
particularly underrepresented, such as computing and
engineering, women earned an even smaller percentage of
degrees, including only 19 percent of computing bachelor's
degrees, and 21 percent of engineering bachelor's degrees.
(5) Although title IX prohibits sex discrimination in
employment in federally funded education programs, a recent
report by the American Association of University Women found
that women comprise only 36 percent of tenured faculty and 30
percent of university presidents. A similar study by the
National Science Foundation confirmed that women only hold 34
percent of all tenured and tenure-track positions, and 27
percent of full professor positions in STEM fields.
Furthermore, Black and Latina women, together, hold only 4
percent of all tenured and tenure-track positions, and barely
over 2 percent of full professor positions in STEM fields.
Asian-American women hold around 5 percent of all tenured and
tenure-track positions, and less than 3 percent of full
professor positions in STEM fields.
(6) Although title IX protects against sexual and sex-based
harassment and violence, more than 50 percent of girls and 40
percent of boys in grades 7 through 12 experience sexual
harassment each year, and approximately 10 percent of high
school students experience dating violence each year. A recent
GLSEN report indicated that 87 percent of lesbian, gay,
bisexual, transgender, queer, and questioning (referred to in
this section as ``LGBTQ'') students have experienced harassment
or assault based on a personal characteristic, and nearly 66
percent have experienced LGBTQ-related verbal harassment at
school based on sexual orientation. Research has shown that
LGBTQ students who experience harassment at school are more
likely to experience depression and anxiety, to engage in
unhealthy and antisocial behaviors, and to have more unexcused
absences from school.
(7) Although title IX prohibits discrimination on the basis
of pregnancy or parenting status, the limited availability of
accommodations for pregnancy-related conditions, including
medical absences, and the limited access to school-related
activities for pregnant and parenting students, are the leading
reasons that parenting mothers drop out of high school. A
recent report by the National Women's Law Center indicated that
only \1/2\ of teenage mothers earn a high school diploma by the
age of 22, compared with 89 percent of women who do not have a
child during their teenage years, and that \1/3\ of young
mothers will never get a diploma or GED, further limiting
continuing opportunities for education and employment.
(8) Although title IX protects against discrimination based
on stereotypes of actual or perceived sex (including sexual
orientation or gender identity), many people carry implicit or
unconscious biases that can unintentionally influence
attitudes, beliefs, behaviors, and decisionmaking processes.
Research has shown that unconscious biases can impact classroom
environments, teaching methods, student evaluations,
disciplinary practices, and career and counseling guidance,
particularly for students who are pursuing nontraditional
fields.
SEC. 3. DEFINITIONS.
In this Act:
(1) ESEA definitions.--The terms ``elementary school'',
``institution of higher education'', ``local educational
agency'', ``secondary school'', and ``State educational
agency'' have the meanings given those terms in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(2) Director.--The term ``Director'' means the Director of
the Office for Gender Equity established under section 5(a).
(3) Educational entity.--The term ``educational entity''
means any of the following entities that receive Federal funds:
(A) A State educational agency.
(B) A local educational agency.
(C) An institution of higher education.
(D) An elementary school or secondary school.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(5) Title ix coordinator.--The term ``title IX
coordinator'' means a responsible employee, as described in
section 106.8(a) of title 34, Code of Federal Regulations,
designated to coordinate efforts under title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.).
SEC. 4. PURPOSES.
The purposes of this Act are to--
(1) promote gender equity in education in the United
States;
(2) support educational entities so that such entities have
the support to fully implement title IX;
(3) provide title IX coordinators with training, technical
assistance, and support to fully carry out their roles and
responsibilities;
(4) increase general awareness about the rights and
obligations of individuals and entities under title IX;
(5) identify, implement, and disseminate best practices for
reducing and preventing sex discrimination in all areas of
education;
(6) promote educational environments that are safe and free
of sexual and sex-based bullying, harassment, and violence; and
(7) promote equity in education for students who face
discrimination based on multiple characteristics, including--
(A) race;
(B) ethnicity;
(C) national origin;
(D) disability status;
(E) religion;
(F) age; or
(G) actual or perceived sex (including sexual
orientation or gender identity).
SEC. 5. ESTABLISHMENT OF AN OFFICE FOR GENDER EQUITY.
(a) In General.--The Secretary shall establish an Office for Gender
Equity. The Director of the Office for Gender Equity shall be the
Special Assistant for Gender Equity, as authorized under section
202(b)(3) of the Department of Education Organization Act (20 U.S.C.
3412(b)(3)). The Director of the Office for Gender Equity shall report
directly to the Secretary.
(b) Duties.--The Office for Gender Equity shall be responsible for
the following:
(1) Supporting educational entities in the full
implementation of title IX.
(2) Providing title IX coordinators with training,
technical assistance, and support to fully carry out their
roles and responsibilities.
(3) Providing grants to implement programs and activities
that are focused on reducing and preventing sex discrimination
in all areas of education.
(4) Identifying and disseminating best practices for
reducing and preventing sex discrimination in all areas of
education.
(5) Maintaining an Office of Gender Equity resource center
website to disseminate best practices in achieving gender
equity.
(6) Performing any other activity consistent with achieving
the purposes of this Act.
(c) Coordination.--To carry out the purposes of this Act, the
Secretary shall coordinate with other relevant Federal offices and
agencies, including--
(1) the Office for Civil Rights of the Department of
Education;
(2) the Institute of Education Sciences;
(3) the White House Council on Women and Girls;
(4) the Women's Bureau of the Department of Labor;
(5) the Office on Women's Health of the Department of
Health and Human Services;
(6) the Civil Rights Division of the Department of Justice;
(7) the Office on Violence Against Women of the Department
of Justice;
(8) the Centers for Disease Control and Prevention;
(9) the Office of Safe and Healthy Students of the
Department of Education; and
(10) other entities determined relevant for carrying out
the purposes of this Act.
SEC. 6. SUPPORT FOR TITLE IX COORDINATORS.
(a) In General.--The Director shall provide coordination, training,
technical assistance, and support for title IX coordinators to ensure
that educational entities are able to fully implement title IX and
reduce and prevent sex discrimination in all areas of education.
(b) Title IX Coordinator Training.--
(1) In general.--Not less than once a year, the Director
shall conduct a training for all title IX coordinators. The
training may be conducted in partnership with a national
organization with relevant expertise, and may be completed
online or in person.
(2) Contents of training.--The training described in
paragraph (1) shall include the following information:
(A) The role and responsibility of title IX
coordinators.
(B) Best practices for increasing awareness about
rights and obligations under title IX.
(C) Best practices for investigating and responding
to claims of violations of title IX.
(D) Best practices for identifying and preventing
implicit and explicit sex discrimination in all areas
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 Director
determines are relevant for such purposes.
(3) Application of training.--
(A) In general.--The Director shall take steps to
ensure that the trainings described in paragraph (1)--
(i) are adapted, as necessary, to address
issues of sex discrimination at all levels of
education;
(ii) are updated with the latest evidence-
based best practices; and
(iii) address recent trends in sex
discrimination.
(B) Attention to discrimination based on multiple
characteristics.--The Director shall take steps to
ensure that such trainings include attention to
students who face discrimination based on multiple
characteristics, including--
(i) race;
(ii) ethnicity;
(iii) national origin;
(iv) disability status;
(v) religion;
(vi) age; or
(vii) actual or perceived sex (including
sexual orientation or gender identity).
(C) Evaluation.--The Director shall--
(i) develop and conduct pre- and post-
training evaluations to assess the
effectiveness of such trainings in improving
the knowledge of the roles and responsibilities
of title IX coordinators; and
(ii) use such evaluations to update the
title IX coordinator trainings annually.
(c) Handbook for Conducting Title IX Compliance Self-Evaluations.--
The Director shall develop a handbook for conducting self-evaluations
of compliance with title IX in all areas of education, as described in
subsection (b)(2)(D).
(d) Assessment of Title IX Coordinator Support.--The Director shall
collect relevant data and statistics on all title IX coordinators,
including salary information, budgets, and primary roles, in order to
make recommendations for improving title IX coordinator support.
(e) Dissemination.--The Director shall ensure that the workplace
contact information of all title IX coordinators and any training
materials or information developed under this section are made
available on the Office of Gender Equity resource center website,
described in section 5(b)(5).
SEC. 7. SUPPORT FOR LOCAL IMPLEMENTATION.
(a) Grants Authorized.--
(1) In general.--The Secretary, acting through the
Director, is authorized to award grants to eligible entities to
support such eligible entities in fully implementing title IX
and reducing and preventing sex discrimination in all areas of
education.
(2) Eligible entity.--In this section, the term ``eligible
entity'' means--
(A) a State educational agency;
(B) a local educational agency;
(C) an institution of higher education;
(D) an elementary school or secondary school; or
(E) a partnership consisting of--
(i) an entity described in subparagraphs
(A) through (D); and
(ii) a national organization with relevant
expertise, or another entity that the Secretary
determines has relevant expertise.
(b) Use of Funds.--An eligible entity receiving a grant shall use
such funds to carry out programs and activities designed to fully
implement title IX and prevent and reduce sex discrimination, including
programs and activities that--
(1) increase awareness of and counteract sex stereotypes,
biases, and discrimination;
(2) include trainings for students, teachers, faculty, and
all personnel to learn about best practices for reducing and
preventing sex discrimination in all areas of education;
(3) increase access to campus resources, facilities, and
course offerings;
(4) support title IX coordinators in performing outreach,
advocacy, and education about title IX and reducing and
preventing sex discrimination;
(5) are aimed at identifying patterns or systemic problems
in compliance with title IX;
(6) strengthen prevention education and awareness programs
regarding sexual and sex-based harassment and violence;
(7) conduct and analyze campus climate and victimization
surveys;
(8) include institutional assessment activities to identify
areas and causes of gender inequities;
(9) make efforts to improve progress on gender equity
indicators as described in subsection (c)(2)(A); and
(10) make efforts to improve accuracy in measurement, data
collection, and reporting of gender equity indicators as
described in subsection (c)(2)(A).
(c) Applications.--
(1) In general.--An eligible entity desiring a grant under
this section shall submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary may reasonably require.
(2) Contents of application.--Each application submitted by
an eligible entity under this section shall include the
following:
(A) A description of locally defined and documented
gender equity needs and priorities, which may include
any of the following indicators:
(i) Academic indicators, including
performance on State assessments, enrollment,
admission, attrition, time to completion, and
graduation rates.
(ii) Civil rights data, including
statistics on bullying, harassment, violence,
discipline, and expulsion.
(iii) Campus climate and victimization
data.
(iv) Employment data.
(v) Attendance and absenteeism data.
(vi) Evidence of burden on title IX
coordinators, including coordinator to student
ratio and competing responsibilities.
(vii) Other documentation of need that the
Secretary determines is relevant.
(B) A description of the evidence that will serve
as the basis for the activities that the eligible
entity proposes to carry out using grant funds under
this section.
(C) A description of the activities that the
eligible entity proposes to carry out using grant funds
under this section.
(D) A description of how the proposed activities
will be adapted, as necessary, to meet the needs of
students who face discrimination based on multiple
characteristics, including--
(i) race;
(ii) ethnicity;
(iii) national origin;
(iv) disability status;
(v) religion;
(vi) age; or
(vii) actual or perceived sex (including
sexual orientation or gender identity).
(E) A description of how the proposed activities
will help the eligible entity fully implement title IX.
(F) A description of a plan for how the proposed
activities under this section will continue with local
support following completion of the grant period and
termination of Federal funding.
(G) A description of how the proposed activities
are a significant component of a comprehensive plan for
gender equity in education and full implementation of
title IX.
(d) Rule of Construction.--Nothing in this section shall be
construed as prohibiting persons of any sex or gender from
participating in any of the programs or activities funded under this
section.
(e) Award Basis.--
(1) Merit review.--Grants shall be awarded under this
section on a competitive basis.
(2) Priorities.--
(A) In general.--The Secretary shall establish
criteria for determining which eligible entities shall
have priority in receiving a grant under this section.
(B) Level of priority.--The criteria described in
subparagraph (A) may include a consideration of the
extent to which the application demonstrates that the
eligible entity--
(i) has demonstrated a high need for gender
equity assistance based on indicators described
in subsection (c)(2)(A) and a high commitment
to addressing these issues;
(ii) will address the needs of students who
face discrimination based on multiple
characteristics, including--
(I) race;
(II) ethnicity;
(III) national origin;
(IV) disability status;
(V) religion;
(VI) age; or
(VII) actual or perceived sex
(including sexual orientation or gender
identity);
(iii) has not previously received
assistance under this section;
(iv) will address relevant issues of
national significance through solutions that
can be replicated;
(v) will implement an institutional change
strategy with a long-term impact that will
continue to be a central activity of the
eligible entity upon termination of the grant;
and
(vi) will serve a high percentage of low-
income students.
(C) Special rule.--To the extent practicable, the
Secretary shall ensure that grants awarded under this
section, for each fiscal year, address--
(i) all levels of education, including--
(I) elementary and secondary
education;
(II) undergraduate and graduate
education;
(III) postdoctoral education and
research;
(IV) career and technical
education; and
(V) adult education;
(ii) all regions of the United States; and
(iii) urban, rural, and suburban
educational entities.
(f) Evaluation and Dissemination.--
(1) Evaluation.--
(A) In general.--Each eligible entity that receives
a grant under this section shall conduct an assessment
about the extent to which the eligible entity made
progress on the indicators under subsection (c)(2)(A).
(B) Assessment.--An eligible entity may work in
partnership with the Institute of Education Sciences to
conduct such assessment.
(C) Use by secretary.--Not later than 1 year after
receiving the grant award, the eligible entity shall
submit a report to the Secretary containing the results
of such assessment. The Secretary shall use those
reports in order to build the knowledge base on
promising models for preventing and reducing sex
discrimination across all areas and levels of
education.
(2) Dissemination.--The Secretary shall coordinate with the
Director of the Institute of Education Sciences and other
relevant Federal offices and agencies to--
(A) ensure that the results of the activities
carried out under this section are made readily
available on the Office for Gender Equity resource
center website; and
(B) widely disseminate the results described in
subparagraph (A) to relevant Federal offices, agencies,
educational entities, and the general public.
SEC. 8. RESEARCH AND DEVELOPMENT.
(a) In General.--The Secretary shall coordinate with the Director
of the Institute of Education Sciences and other relevant Federal
offices and agencies and entities to investigate, identify, and
disseminate best practices to fully implement title IX and reduce and
prevent sex discrimination in all areas of education, including--
(1) the reduction and prevention of sex stereotyping, bias,
and discrimination in curricula, textbooks, software, and other
educational materials;
(2) the development of policies and programs to--
(A) address and prevent sexual and sex-based
harassment and violence; and
(B) ensure that campuses are free from threats to
the safety of students, teachers, faculty, and
personnel;
(3) the development and evaluation of--
(A) counseling and career guidance training; and
(B) programs to reduce and prevent sex
stereotyping, bias, and discrimination;
(4) best practices for mitigating implicit bias in
teaching, discipline, and all areas of education;
(5) best practices for addressing the needs of students who
face discrimination based on multiple characteristics,
including--
(A) race;
(B) ethnicity;
(C) national origin;
(D) disability status;
(E) religion;
(F) age; or
(G) actual or perceived sex (including sexual
orientation or gender identity); and
(6) other activities that the Secretary determines are
consistent with the purposes of this Act.
(b) Dissemination.--The best practices described under subsection
(a) shall be published on the Office for Gender Equity resource center
website, as described in section 5(b)(5), and the What Works
Clearinghouse website of the Institute of Education Sciences.
SEC. 9. REPORT; DISSEMINATION.
(a) Report to Congress.--Not later than 2 years after the date of
enactment of this Act and every 2 years thereafter, the Secretary shall
publish a report on the steps the Department of Education has taken
to--
(1) support educational entities in fully implementing
title IX and reducing and preventing sex discrimination;
(2) provide coordination, training, and resources for title
IX coordinators to fully carry out their roles and
responsibilities; and
(3) promote equity in education for students who face
discrimination based on multiple characteristics, including--
(A) race;
(B) ethnicity;
(C) national origin;
(D) disability status;
(E) religion;
(F) age; or
(G) actual or perceived sex (including sexual
orientation or gender identity).
(b) Dissemination.--The Secretary shall coordinate with the
Director of the Institute of Education Sciences and the heads of
relevant Federal agencies to ensure that the results of trainings,
activities, evaluations, and research developments under this Act are
made readily available on the Office for Gender Equity resource center
website and disseminated widely to other relevant Federal agencies and
offices, educational entities, and the general public.
SEC. 10. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed--
(1) as modifying any provision of title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.); or
(2) as affecting the enforcement of such title by the
Department of Education, the Department of Justice, or any
other Federal agency.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $80,000,000 for each of fiscal years 2020 through 2025.
(b) Use.--From amounts made available to carry out this Act for
each fiscal year, the Secretary shall use not less than $70,000,000 of
such amounts to award grants under section 7.
<all>
Patsy T. Mink and Louise M. Slaughter Gender Equity in Education Act of 2019
#1964 | S Congress #116
Policy Area: Civil Rights and Liberties, Minority Issues
Subjects: Age discriminationAssault and harassment offensesDepartment of EducationDisability and health-based discriminationEducation programs fundingEducational guidanceElementary and secondary educationExecutive agency funding and structureGovernment information and archivesGovernment studies and investigationsHigher educationMinority educationRacial and ethnic relationsReligionSex offensesSex, gender, sexual orientation discriminationTeaching, teachers, curriculaViolent crime
Last Action: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Sponsor introductory remarks on measure: CR S4507-4508) (6/25/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text