[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5276 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5276
To amend the Elementary and Secondary Education Act of 1965 to protect
students from sexual abuse, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 25, 2023
Mr. Lieu introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Elementary and Secondary Education Act of 1965 to protect
students from sexual abuse, 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 ``Preventing Sexual Abuse of K-12
Students Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Child sexual abuse victims are at greater risk of
experiencing feelings of guilt and shame, suffering from low
self-esteem, and developing substance abuse symptoms,
depression, and post-traumatic stress disorder.
(2) A 2004 study by the Department of Education indicated
that 9.6 percent of students in secondary schools reported that
they had been subjected to sexual misconduct by school
personnel.
(3) A 2014 report by the Government Accountability Office
revealed that only 42 States had codes of conduct for school
personnel of which only 22 dealt with appropriate relationships
between personnel and students.
(4) Such 2014 report by GAO also revealed that only 18
States mandated that school districts provide sexual abuse and
misconduct awareness and prevention training.
(5) Title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.), which prohibits sex discrimination in education
programs or activities receiving federal funds, requires
elementary and secondary schools to protect students from
sexual abuse and misconduct.
(6) Educators are dedicated and tireless individuals
serving our communities and they make invaluable contributions
to our country by preparing students for the future. They work
to provide children with safe and secure environments in which
to learn and these safe environments should be strengthened by
including the resources and training necessary to help prevent
the sexual abuse of students.
(7) It is in the interest of the United States to protect
students in elementary and secondary schools from sexual abuse
and misconduct.
SEC. 3. SEXUAL ABUSE AWARENESS TRAINING.
(a) In General.--Subpart 2 of part F of title VIII of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.)
is amended by adding at the end the following:
``SEC. 8549D. SEXUAL ABUSE AWARENESS TRAINING.
``Each State receiving funds under this Act shall establish and
implement a statewide policy requiring each local educational agency
to--
``(1) develop codes of conduct to prevent sexual abuse of
students by identifying acceptable and unacceptable behavior
for--
``(A) school personnel with respect to
relationships with students; and
``(B) students with respect to relationships with
other students; and
``(2) ensure that school personnel receive training on--
``(A) the codes of conduct described in paragraph
(1);
``(B) Federal and State requirements with respect
to reporting child abuse;
``(C) the requirements under title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.)
with respect to protecting students in elementary and
secondary schools from sexual abuse and misconduct; and
``(D) sexual abuse and misconduct awareness and
prevention.''.
(b) Funding.--
(1) Grants for state assessments.--Section 1201(a) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6361(a)) is amended by adding at the end the following:
``(3) To carry out sexual abuse awareness training under
section 8549D.''.
(2) Types of state activities.--Section 2101(c)(4)(B) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6611(c)(4)(B)) is amended by adding at the end the following:
``(xxii) Carrying out sexual abuse
awareness training under section 8549D.''.
(3) Local uses of funds.--Section 2103(b)(3)(L) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6613(b)(3)(L)) is amended by inserting ``and carrying out
sexual abuse awareness training under section 8549D'' before
the semicolon.
(4) Student support and academic enrichment grants.--
Section 4108(5) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7118(5)) is amended--
(A) in subparagraph (H)(iii), by striking ``or'' at
the end;
(B) in subparagraph (I), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(J) carrying out sexual abuse awareness training under
section 8549D.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 2 years after the date of the enactment of
this Act.
SEC. 4. REPORT.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Education shall conduct a study and submit a report to
Congress that includes--
(1) the incidence of sexual abuse of elementary and
secondary school students by--
(A) other students; and
(B) school personnel; and
(2) recommendations with respect to preventing the sexual
abuse described in paragraph (1).
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