; and (5) to allow the Department of Education and the Department of Justice to effectively combat discrimination based on sexual orientation and gender identity in public schools, through regulation and enforcement, as the Departments have 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 and rule (a) Definitions For purposes of this Act: (1) Educational agency The term educational agency means a local educational agency, an educational service agency, or a State educational agency, as those terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (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 program or activity of a public school or educational agency, 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