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The Student Non-Discrimination Act (SNDA): A Legal Analysis (CRS Report for Congress)

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Release Date Revised May 12, 2015
Report Number R42652
Report Type Report
Authors Jody Feder, Legislative Attorney
Source Agency Congressional Research Service
Older Revisions
  • Premium   Revised June 20, 2013 (9 pages, $24.95) add
  • Premium   Revised May 9, 2013 (9 pages, $24.95) add
  • Premium   Aug. 9, 2012 (9 pages, $24.95) add
Summary:

Introduced in both the 111th and 112th Congress and again in the 113th (H.R. [House Resolution] 1652), the Student Non-Discrimination Act (SNDA) would prohibit discrimination on the basis of actual or perceived sexual orientation or gender identity in public elementary and secondary schools. The stated purpose of the legislation is to ensure that students are free from discriminatory conduct such as harassment, bullying, intimidation, and violence. SNDA appears to be patterned on Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in federally funded education programs or activities, although SNDA does differ from Title IX in several important respects. This report begins by discussing current laws that prohibit discrimination in education, and continues with an analysis of the specific provisions contained in SNDA, including provisions relating to coverage, prohibited acts, and enforcement and remedies under the proposed legislation.