H.R. 9203
Student Protection and University Accountability Act
Sponsor: Elise M. Stefanik
2 cosponsors
Official summary
Written by the Congressional Research Service.
Student Protection and University Accountability Act
This bill requires institutions of higher education (IHEs) participating in federal student aid programs and the Department of Education (ED) to take certain actions to investigate alleged violations of civil rights under Title VI of the Civil Rights Act of 1964. (Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin in federally funded programs or activities.)
Specifically, the bill requires an IHE to develop specific procedures for investigating Title VI complaints and widely distribute those procedures to students and their families. Among these procedures, an IHE must designate at least one Title VI coordinator and have a system for maintaining records of complaints.
The bill makes an IHE that fails to meet the bill's requirements for two consecutive award years ineligible to participate in federal student aid programs for at least two subsequent award years. However, the IHE may regain eligibility if it demonstrates compliance with the bill's requirements.
ED's Office for Civil Rights (OCR) must give bimonthly congressional briefings on (1) the number of complaints filed with OCR, (2) how OCR plans to address those complaints and the investigations being carried out in response to those complaints, and (3) data about the length of those investigations.
The bill revises the process through which OCR investigates Title VI complaints, including by prohibiting OCR from closing a complaint due to the filing of another complaint involving the same allegations against the same IHE under certain circumstances.
Text of the bill
(a) Congressional briefings
(1) In general. Beginning not later than 30 days after the date of enactment of this Act and ending 2 years after such date of enactment, the Assistant Secretary for Civil Rights of the Department of Education (or the designee of such Assistant Secretary) shall provide a briefing, on a bimonthly basis, to the authorizing committees about complaints alleging discrimination on the basis of race, color, or national origin in violation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) that have been received by the Office for Civil Rights of the Department of Education in the preceding month—
(A) in a manner that—
(i) protects personally identifiable information; and
(ii) disaggregates information by the basis of such alleged discrimination (including shared ancestry); and
(B) that includes—
(i) the number of such complaints;
(ii) a description of—
(I) how the Office has addressed or plans to address such complaints; and
(II) the investigations being carried out in response to such complaints, as applicable; and
(iii) data about the length of such investigations.
(2) Report. Not later than 48 hours prior to each briefing required under paragraph (1), the Assistant Secretary for Civil Rights of the Department of Education (or the designee of such Assistant Secretary) shall submit to the authorizing committees a written report that contains the information that will be presented at such briefing and that complies with the requirements of paragraph (1)(A).
(3) Definitions. For purposes of this subsection:
(A) Authorizing committees. The term authorizing committees means the Committee on Education and Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
(B) Office. The term Office means the Office for Civil Rights of the Department of Education.
(b) OCR process reforms
(1) Dismissals. The Office may not close or dismiss any complaint regarding discrimination on the basis of race, color, or national origin in violation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) due to the filing of a complaint involving the same allegations against the same recipient—
(A) by an individual other than the complainant with another Federal, State, or local agency, a court, or the recipient, unless the Office determines that—
(i) a court has certified a class action with respect to the alleged violation of such other individual’s complaint;
(ii) such other individual is a member of such class; and
(iii) the complainant is a member of such class; or
(B) by the complainant with another Federal, State, or local agency, a court, or the recipient.
(2) Investigations. The Office may not delay an investigation of a complaint due to the filing of a complaint involving the same allegations against the same recipient with another Federal, State, or local agency or the recipient.
(3) Recipient defined. For purposes of this subsection, the term recipient means an institution of higher education (as such term is defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) that receives funds under an applicable program (as such term is defined in section 400 of the General Education Provisions Act (20 U.S.C. 1221)).