Sec. 206. Title IX coordinators and training requirements
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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: 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.
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. The Title IX Coordinator shall not have any other school-related responsibilities that may create a conflict of interest. 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:
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.
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. 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.
Identifying patterns of sex discrimination from complaints and addressing their impact on the educational community. 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. 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.
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.
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). 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. 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. 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. A waiver granted under this paragraph shall be valid for 2 years. 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. 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 ). 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. The training described in subparagraph
(A)shall include the following: The role and responsibility of Title IX Coordinators. 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. ). 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— information on working with and interviewing persons subjected to sex-based harassment, including domestic violence, dating violence, sexual assault, sexual harassment, or stalking; 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; 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; the effects of trauma, including the neurobiology of trauma; training regarding the use of trauma-informed interview techniques, and reasonable accommodations for interviewees with disabilities; 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; information on sexual assault dynamics, sexual assault perpetrator behavior, and barriers to reporting; the dynamics of power and control within intimate partner violence and reactive abuse; safety risks for victims associated with reporting abuse or seeking help; information on harassment and abuse of LGBTQI+ students; and information on harassment and abuse of disabled students. 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— recruitment and admissions; teaching practices, textbooks, and curricula; campus safety and security; financial assistance; access to facilities, resources, and housing; access to course offerings; student health services and insurance benefits; counseling and career guidance; athletics; discipline policies; employment; and other areas that the Assistant Secretary for Civil Rights of the Department of Education determines are relevant for such purposes. 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. 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. 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. 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 ). In this section: 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 ). 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). 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 ). The term Secretary means the Secretary of Education. The term sexual harassment has the meaning given the term in section 203(i). The term Title IX Coordinator has the meaning given the term in section 205(c).
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Sec. 206
Title IX coordinators and training requirements
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