Patsy T. Mink and Louise M. Slaughter Gender Equity in Education Act of 2019

II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Patsy T. Mink and 4 Louise M. Slaughter Gender Equity in Education Act of 5 2019’’. 6 VerDate Sep 11 2014 04:49 Jun 27, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1964.IS S1964 kjohnson on DSK79L0C42 with BILLS 2 •S 1964 IS SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) Title IX of the Education Amendments of 3 1972 (20 U.S.C. 1681 et seq.) (in this Act referred 4 to as ‘‘title IX’’) and the implementing regulations 5 of title IX prohibit sex discrimination in federally 6 funded education programs and activities. 7 (2) Although title IX requires that schools treat 8 students equally with regard to athletic participation 9 opportunities, athletic scholarships, and the benefits 10 and services provided to athletic teams, female par- 11 ticipation rates, especially for girls of color, lag far 12 behind male participation rates. Currently, only 2⁄3 13 of Black and Latina girls play sports, and barely 14 over 1⁄2 of Asian-American girls play sports, com- 15 pared to more than 3⁄4 of White girls. Female stu- 16 dent athletes have been found to have higher levels 17 of self-esteem and to be more likely to graduate 18 from high school than female students who do not 19 play sports. Although the availability of athletic 20 scholarships facilitates access to higher education, 21 many schools fail to award proportional athletic fi- 22 nancial aid to women, which can affect their long- 23 term employment outcomes and economic security. 24 (3) Although title IX ensures gender equity in 25 career and technical education, women are severely 26 VerDate Sep 11 2014 20:53 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1964.IS S1964 kjohnson on DSK79L0C42 with BILLS 3 •S 1964 IS underrepresented in fields nontraditional to their 1 gender. A recent study by the National Coalition for 2 Women and Girls in Education indicated that 3 women make up more than 80 percent of workers 4 with training or certification in historically women- 5 dominated occupations that pay less than $30,000 6 per year, including child care, early childhood edu- 7 cation, home care, and cosmetology. Women rep- 8 resent less than 40 percent of workers trained or 9 certified in high-paying and historically male-domi- 10 nated fields, including transportation, advanced 11 manufacturing, and construction. 12 (4) Although title IX ensures gender equity in 13 the fields of science, technology, engineering, and 14 mathematics (in this section referred to as 15 ‘‘STEM’’) education, women are disproportionately 16 lost at nearly every stage of the STEM pipeline. A 17 recent report by the National Center for Education 18 Statistics showed that women earned only 32 per- 19 cent of all STEM degrees in 2017, and nearly 1⁄2 of 20 these women were White. Women of color earned 21 about 12 percent of STEM degrees in that same 22 year. Furthermore, in STEM fields where women 23 are particularly underrepresented, such as com- 24 puting and engineering, women earned an even 25 VerDate Sep 11 2014 04:49 Jun 27, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1964.IS S1964 kjohnson on DSK79L0C42 with BILLS 4 •S 1964 IS smaller percentage of degrees, including only 19 per- 1 cent of computing bachelor’s degrees, and 21 per- 2 cent of engineering bachelor’s degrees. 3 (5) Although title IX prohibits sex discrimina- 4 tion in employment in federally funded education 5 programs, a recent report by the American Associa- 6 tion of University Women found that women com- 7 prise only 36 percent of tenured faculty and 30 per- 8 cent of university presidents. A similar study by the 9 National Science Foundation confirmed that women 10 only hold 34 percent of all tenured and tenure-track 11 positions, and 27 percent of full professor positions 12 in STEM fields. Furthermore, Black and Latina 13 women, together, hold only 4 percent of all tenured 14 and tenure-track positions, and barely over 2 percent 15 of full professor positions in STEM fields. Asian- 16 American women hold around 5 percent of all 17 tenured and tenure-track positions, and less than 3 18 percent of full professor positions in STEM fields. 19 (6) Although title IX protects against sexual 20 and sex-based harassment and violence, more than 21 50 percent of girls and 40 percent of boys in grades 22 7 through 12 experience sexual harassment each 23 year, and approximately 10 percent of high school 24 students experience dating violence each year. A re- 25 VerDate Sep 11 2014 04:49 Jun 27, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1964.IS S1964 kjohnson on DSK79L0C42 with BILLS 5 •S 1964 IS cent GLSEN report indicated that 87 percent of les- 1 bian, gay, bisexual, transgender, queer, and ques- 2 tioning (referred to in this section as ‘‘LGBTQ’’) 3 students have experienced harassment or assault 4 based on a personal characteristic, and nearly 66 5 percent have experienced LGBTQ-related verbal har- 6 assment at school based on sexual orientation. Re- 7 search has shown that LGBTQ students who experi- 8 ence harassment at school are more likely to experi- 9 ence depression and anxiety, to engage in unhealthy 10 and antisocial behaviors, and to have more unex- 11 cused absences from school. 12 (7) Although title IX prohibits discrimination 13 on the basis of pregnancy or parenting status, the 14 limited availability of accommodations for preg- 15 nancy-related conditions, including medical absences, 16 and the limited access to school-related activities for 17 pregnant and parenting students, are the leading 18 reasons that parenting mothers drop out of high 19 school. A recent report by the National Women’s 20 Law Center indicated that only 1⁄2 of teenage moth- 21 ers earn a high school diploma by the age of 22, 22 compared with 89 percent of women who do not 23 have a child during their teenage years, and that 1⁄3 24 of young mothers will never get a diploma or GED, 25 VerDate Sep 11 2014 04:49 Jun 27, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1964.IS S1964 kjohnson on DSK79L0C42 with BILLS 6 •S 1964 IS further limiting continuing opportunities for edu- 1 cation and employment. 2 (8) Although title IX protects against discrimi- 3 nation based on stereotypes of actual or perceived 4 sex (including sexual orientation or gender identity), 5 many people carry implicit or unconscious biases 6 that can unintentionally influence attitudes, beliefs, 7 behaviors, and decisionmaking processes. Research 8 has shown that unconscious biases can impact class- 9 room environments, teaching methods, student eval- 10 uations, disciplinary practices, and career and coun- 11 seling guidance, particularly for students who are 12 pursuing nontraditional fields. 13 SEC. 3. DEFINITIONS. 14 In this Act: 15 (1) ESEA DEFINITIONS.—The terms ‘‘elemen- 16 tary school’’, ‘‘institution of higher education’’, 17 ‘‘local educational agency’’, ‘‘secondary school’’, and 18 ‘‘State educational agency’’ have the meanings given 19 those terms in section 8101 of the Elementary and 20 Secondary Education Act of 1965 (20 U.S.C. 7801). 21 (2) DIRECTOR.—The term ‘‘Director’’ means 22 the Director of the Office for Gender Equity estab- 23 lished under section 5(a). 24 VerDate Sep 11 2014 04:49 Jun 27, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1964.IS S1964 kjohnson on DSK79L0C42 with BILLS 7 •S 1964 IS (3) EDUCATIONAL ENTITY.—The term ‘‘edu- 1 cational entity’’ means any of the following entities 2 that receive Federal funds: 3 (A) A State educational agency. 4 (B) A local educational agency. 5 (C) An institution of higher education. 6 (D) An elementary school or secondary 7 school. 8 (4) SECRETARY.—The term ‘‘Secretary’’ means 9 the Secretary of Education. 10 (5) TITLE IX COORDINATOR.—The term ‘‘title 11 IX coordinator’’ means a responsible employee, as 12 described in section 106.8(a) of title 34, Code of 13 Federal Regulations, designated to coordinate efforts 14 under title IX of the Education Amendments of 15 1972 (20 U.S.C. 1681 et seq.). 16 SEC. 4. PURPOSES. 17 The purposes of this Act are to— 18 (1) promote gender equity in education in the 19 United States; 20 (2) support educational entities so that such en- 21 tities have the support to fully implement title IX; 22 (3) provide title IX coordinators with training, 23 technical assistance, and support to fully carry out 24 their roles and responsibilities; 25 VerDate Sep 11 2014 04:49 Jun 27, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1964.IS S1964 kjohnson on DSK79L0C42 with BILLS 8 •S 1964 IS (4) increase general awareness about the rights 1 and obligations of individuals and entities under title 2 IX; 3 (5) identify, implement, and disseminate best 4 practices for reducing and preventing sex discrimina- 5 tion in all areas of education; 6 (6) promote educational environments that are 7 safe and free of sexual and sex-based bullying, har- 8 assment, and violence; and 9 (7) promote equity in education for students 10 who face discrimination based on multiple character- 11 istics, including— 12 (A) race; 13 (B) ethnicity; 14 (C) national origin; 15 (D) disability status; 16 (E) religion; 17 (F) age; or 18 (G) actual or perceived sex (including sex- 19 ual orientation or gender identity). 20 SEC. 5. ESTABLISHMENT OF AN OFFICE FOR GENDER EQ- 21 UITY. 22 (a) IN GENERAL.—The Secretary shall establish an 23 Office for Gender Equity. The Director of the Office for 24 Gender Equity shall be the Special Assistant for Gender 25 VerDate Sep 11 2014 04:49 Jun 27, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1964.IS S1964 kjohnson on DSK79L0C42 with BILLS 9 •S 1964 IS Equity, as authorized under section 202(b)(3) of the De- 1 partment of Education Organization Act (20 U.S.C. 2 3412(b)(3)). The Director of the Office for Gender Equity 3 shall report directly to the Secretary. 4 (b) DUTIES.—The Office for Gender Equity shall be 5 responsible for the following: 6 (1) Supporting educational entities in the full 7 implementation of title IX. 8 (2) Providing title IX coordinators with train- 9 ing, technical assistance, and support to fully carry 10 out their roles and responsibilities. 11 (3) Providing grants to implement programs 12 and activities that are focused on reducing and pre- 13 venting sex discrimination in all areas of education. 14 (4) Identifying and disseminating best practices 15 for reducing and preventing sex discrimination in all 16 areas of education. 17 (5) Maintaining an Office of Gender Equity re- 18 source center website to disseminate best practices 19 in achieving gender equity. 20 (6) Performing any other activity consistent 21 with achieving the purposes of this Act. 22 (c) COORDINATION.—To carry out the purposes of 23 this Act, the Secretary shall coordinate with other relevant 24 Federal offices and agencies, including— 25 VerDate Sep 11 2014 04:49 Jun 27, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1964.IS S1964 kjohnson on DSK79L0C42 with BILLS 10 •S 1964 IS (1) the Office for Civil Rights of the Depart- 1 ment of Education; 2 (2) the Institute of Education Sciences; 3 (3) the White House Council on Women and 4 Girls; 5 (4) the Women’s Bureau of the Department of 6 Labor; 7 (5) the Office on Women’s Health of the De- 8 partment of Health and Human Services; 9 (6) the Civil Rights Division of the Department 10 of Justice; 11 (7) the Office on Violence Against Women of 12 the Department of Justice; 13 (8) the Centers for Disease Control and Preven- 14 tion; 15 (9) the Office of Safe and Healthy Students of 16 the Department of Education; and 17 (10) other entities determined relevant for car- 18 rying out the purposes of this Act. 19 SEC. 6. SUPPORT FOR TITLE IX COORDINATORS. 20 (a) IN GENERAL.—The Director shall provide coordi- 21 nation, training, technical assistance, and support for title 22 IX coordinators to ensure that educational entities are 23 able to fully implement title IX and reduce and prevent 24 sex discrimination in all areas of education. 25 VerDate Sep 11 2014 04:49 Jun 27, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1964.IS S1964 kjohnson on DSK79L0C42 with BILLS 11 •S 1964 IS (b) TITLE IX COORDINATOR TRAINING.— 1 (1) IN GENERAL.—Not less than once a year, 2 the Director shall conduct a training for all title IX 3 coordinators. The training may be conducted in 4 partnership with a national organization with rel- 5 evant expertise, and may be completed online or in 6 person. 7 (2) CONTENTS OF TRAINING.—The training de- 8 scribed in paragraph (1) shall include the following 9 information: 10 (A) The role and responsibility of title IX 11 coordinators. 12 (B) Best practices for increasing aware- 13 ness about rights and obligations under title 14 IX. 15 (C) Best practices for investigating and re- 16 sponding to claims of violations of title IX. 17 (D) Best practices for identifying and pre- 18 venting implicit and explicit sex discrimination 19 in all areas of education, including— 20 (i) recruitment and admissions; 21 (ii) teaching practices, textbooks, and 22 curricula; 23 (iii) campus safety and security; 24 (iv) financial assistance; 25 VerDate Sep 11 2014 04:49 Jun 27, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1964.IS S1964 kjohnson on DSK79L0C42 with BILLS 12 •S 1964 IS (v) access to facilities, resources, and 1 housing; 2 (vi) access to course offerings; 3 (vii) student health services and insur- 4 ance benefits; 5 (viii) counseling and career guidance; 6 (ix) athletics; 7 (x) discipline policies; 8 (xi) employment; and 9 (xii) other areas that the Director de- 10 termines are relevant for such purposes. 11 (3) APPLICATION OF TRAINING.— 12 (A) IN GENERAL.—The Director [Text truncated for display. Full text available on Congress.gov.]