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Code · BILL · 113th Congress · S. 1088 (Introduced in Senate) — To end discrimination based on actual or perceived sexual orientation or gender identity in public schools, and for o... · Sec. 3

Sec. 3. Definitions and rule

320 words·~1 min read·/bill/113/s/1088/is/section-3·

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For purposes of this Act: The term educational agency means a local educational agency, an educational service agency, or a State educational agency, as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). The term gender identity means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth. The term harassment means conduct that is sufficiently severe, persistent, or pervasive to limit or interfere with a student's ability to participate in or benefit from a program or activity of a public school or educational agency, including acts of verbal, nonverbal, or physical aggression, intimidation, or hostility, if such conduct is based on— a student’s actual or perceived sexual orientation or gender identity; or the actual or perceived sexual orientation or gender identity of a person with whom a student associates or has associated.
The terms program or activity and program have the same meanings given such terms as applied under section 606 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–4a ) to the operations of public entities under paragraph (2)(B) of such section. The term public school means an elementary school (as the term is defined in section 9101 of the Elementary and Secondary Education Act of 1965) that is a public institution, and a secondary school (as so defined) that is a public institution.
The term sexual orientation means homosexuality, heterosexuality, or bisexuality. The term student means an individual within the age limits for which the State provides free public education who is enrolled in a public school or who, regardless of official enrollment status, attends classes or participates in the programs or activities of a public school or local educational agency. Consistent with Federal law, in this Act the term includes means includes but is not limited to .
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  • 42 USC 2000d–4a
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Sec. 3
Definitions and rule
Cite42 USC 2000d–4a
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