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
This Act may be cited as the Student Protection and University Accountability Act.
(a) Program participation agreement requirement. Section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094) is amended—
(1) by redesignating subsections (i) and (j) as subsections (j) and (k), respectively;
(2) in subsection (a), by adding at the end the following new paragraph:
(30) The institution will comply with the provisions of subsection (i) and provide to the Secretary an annual attestation of such compliance.
; and
(3) by inserting after subsection (h) the following new subsection:
(i) Compliance and transparency related to complaints under title VI of the Civil Rights Act of 1964
(1) Compliance and transparency. With respect to complaints received by an institution related to alleged violations of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), the institution shall take the following actions:
(A) Have in effect investigative processes related to such complaints, which shall include each of the elements listed in clauses (i) through (vi) of subparagraph (B), and make publicly available (including on the website of the institution), and widely distribute to students and their families (including in student orientation materials), a description of such investigative processes.
(B) Include in the investigative processes described in subparagraph (A) at least the following:
(i) The processes and factors used to determine whether such complaints will be investigated by the institution and how the outcome of an investigation will be determined.
(ii) A designation of at least one employee to coordinate its efforts to comply with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), including any investigation of such complaints.
(iii) A procedure to ensure that, for each such complaint received by the institution, the complainant will receive from the institution—
(I) not later than 30 days after receipt of such complaint—
(aa) notification of the receipt of the complaint;
(bb) notification of whether or not an investigation has been opened in response to the complaint;
(cc) in the case that an investigation is not opened in response to the complaint, an explanation of why an investigation was not opened, including a summary of the information that was used to determine that an investigation should not be opened; and
(dd) in the case that an investigation is opened, notification that an investigation of the complaint will be carried out and that the complainant will be notified of the outcome of the investigation; and
(II) not later than 30 days after an outcome of an investigation is reached, notification of the outcome of the investigation, including an explanation of how the outcome was reached, and any remedial actions taken in response to the complaint.
(iv) A system for keeping and maintaining records of such complaints, including the determination and reasoning for whether or not an investigation into a complaint was opened by the institution, notifications to and communications with the complainant and, if applicable, the respondent, a record of the investigation (including the outcome thereof), and a record of any remedial actions taken in response to the complaint.
(v) The contact information and necessary steps for reporting such complaints to the institution.
(vi) The contact information and necessary steps for reporting a complaint related to an alleged violation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) to the Office for Civil Rights of the Department of Education, including the hyperlink to the electronic complaint form of the Office for Civil Rights for an alleged violation of such title.
(C) With respect to public awareness campaign materials created and distributed by the Office for Civil Rights of the Department of Education relating to protections for individuals under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), display and publish such materials, as applicable—
(i) not later than 30 days after such materials are distributed;
(ii) for not less than 1 year or until new such materials are distributed, whichever is later;
(iii) in high traffic, public places on the campus of the institution; and
(iv) on a publicly available website of the institution.
(2) Enforcement. An institution of higher education that fails to comply with the provisions of subsection (a)(30) for two consecutive award years shall be ineligible to participate in the programs authorized by this title for a period of not less than the first two subsequent award years. To regain eligibility to participate in the programs authorized by this title, an institution of higher education shall demonstrate compliance with paragraph (1) prior to the completion of the period during which the institution is ineligible due to failure to comply with such paragraph.
(b) Effective date. The amendments made by subsection (a) shall take effect on the first day of the first award year (as such term is defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088)) beginning after the date of enactment of this Act.
(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)).