; and (5) to allow the Department of Education to effectively combat discrimination based on sexual orientation or gender identity in public schools through regulation and enforcement, as the Department has issued regulations under and enforced title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq.) and other nondiscrimination laws in a manner that effectively addresses discrimination. 3. Definitions For purposes of this Act: (1) Program or activity The terms program or activity and program have same meanings given such terms as applied under section 606 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–4a ) to the operations of public entities under paragraph (2)(B) of such section. (2) Gender identity The term gender identity means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth. (3) Harassment The term harassment means conduct that is sufficiently severe, persistent, or pervasive to limit a student’s ability to participate in or benefit from a public school education program or activity, or to create a hostile or abusive educational environment at a public school, including acts of verbal, nonverbal, or physical aggression, intimidation, or hostility, if such conduct is based on— (A) a student’s actual or perceived sexual orientation or gender identity