F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 51 2023
1 A bill to be entitled
2 An act relating to prohibited discrimination based on
3 hairstyle in the education system; providing a short
4 title; amending s. 1000.05, F.S.; defining the term
5 "protected hairstyle"; prohibiting discrimination
6 based on protected hairstyle in the Florida K-20
7 public education system; amending ss. 1002.395,
8 1002.421, 1002.53, and 1004.935, F.S.; providing that
9 the term "race" includes protected hairstyles for
10 purposes of the United States Code within the public
11 and private education system; amending ss. 1002.20 and
12 1003.42, F.S.; conforming provisions to changes made
13 by the act; providing an effective date.
14
15 WHEREAS, the history of our nation is riddled with la ws and
16 societal norms that characterized "blackness" and its associated
17 physical traits as inferior to European physical features, and
18 WHEREAS, this idea also permeates a societal understanding
19 of professionalism that was, and still is, closely linked to
20 European features and mannerisms, which entails that those who
21 do not naturally conform to Eurocentric norms must alter their
22 appearance to meet such norms in order to be considered
23 professional, and
24 WHEREAS, hair has been, and remains, a rampant source o f
25 racial discrimination that has caused serious economic and
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26 health ramifications, and
27 WHEREAS, school dress code policies that prohibit natural
28 hair, including afros, and certain hairstyles, such as braids,
29 twists, and locks, have a disparate impact on black students as
30 these policies are more likely to burden or punish black
31 students compared to other groups, and
32 WHEREAS, federal courts accept that Title VII of the Civil
33 Rights Act of 1964 prohibits discrimination based on race, and
34 therefore protects against discrimination against the natural
35 presentation of black hair, including afros, braids, twists, and
36 locks, NOW, THEREFORE,
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. This act may be cited as the "Creating a
41 Respectful and Open World for Natural Hair Act" or "CROWN Act."
42 Section 2. Subsection (2), paragraph (e) of subsection
43 (3), and subsection (4) of section 1000.05, Florida Statutes,
44 are amended to read:
45 1000.05 Discrimination against students and employees in
46 the Florida K-20 public education system prohibited; equality of
47 access required.—
48 (2)(a) As used in this section, the term "protected
49 hairstyle" means hair characteristics historically associated
50 with race, such as hair texture and styles, including, b ut not
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51 limited to, afros, braids, locks, or twists.
52 (b) Discrimination on the basis of race, color, national
53 origin, sex, disability, religion, or marital status against a
54 student or an employee in the state system of public K-20
55 education is prohibited. No person in this state shall, on the
56 basis of race, color, national origin, sex, disability,
57 religion, or marital status, be excluded from participation in,
58 be denied the benefits of, or be subjected to discrimination
59 under any public K-20 education program or activity, or in any
60 employment conditions or practices, conducted by a public
61 educational institution that receives or benefits from federal
62 or state financial assistance. Additionally, discrimination on
63 the basis of a protected hairstyle against a student in the
64 state system of public K-20 education is prohibited. A student
65 may not be excluded from participation in, or denied the
66 benefits of, or be subjected to discrimination under any public
67 K-20 education program or activity on the basis of a protected
68 hairstyle.
69 (c)(b) The criteria for admission to a program or course
70 may shall not have the effect of restricting access by students
71 persons of a particular race, color, national origin, sex,
72 disability, religion, or marital status, or with a protected
73 hairstyle.
74 (d)(c) All public K-20 education classes must shall be
75 available to all students without regard to race, color,
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76 protected hairstyle, national origin, sex, disability, religion,
77 or marital status; however, this is not intended to eliminate
78 the provision of programs designed to meet the needs of students
79 with limited proficiency in English, gifted students, or
80 students with disabilities or programs tailored to students with
81 specialized talents or skills.
82 (e)(d) Students may be separated by sex for a single-
83 gender program as provided under s. 1002.311, for any portion of
84 a class that deals with human reproduction, or during
85 participation in bodily contact sports. For the purpose of this
86 section, bodily contact sports include wrestling, boxing, rugby,
87 ice hockey, football, basketball, and other sports in which the
88 purpose or major activity involves bodily contact.
89 (f)(e) Guidance services, counseling services, and
90 financial assistance services in the state public K-20 education
91 system must shall be available to students equally. Guidance and
92 counseling services, materials, and promotional events must
93 shall stress access to academic and career opportunities for
94 students without regard to race, color, protected hairstyle,
95 national origin, sex, disability, religion, or marital status.
96 (3)
97 (e) A public school or Florida College System institution
98 may provide separate toilet, locker room, and shower facilities
99 on the basis of sex gender, but such facilities must shall be
100 comparable to such facilities provided for students of the other
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101 sex.
102 (4)(a) It shall constitute discrimination on the basis of
103 race, color, protected hairstyle, national origin, or sex under
104 this section to subject any student or employee to train ing or
105 instruction that espouses, promotes, advances, inculcates, or
106 compels such student or employee to believe any of the following
107 concepts:
108 1. Members of one race, color, national origin, or sex , or
109 persons with a protected hairstyle, are morally superior to
110 members of another race, color, national origin, or sex , or
111 persons with a protected hairstyle.
112 2. A person, by virtue of his or her race, color,
113 protected hairstyle, national origin, or sex, is inherently
114 racist, sexist, or oppressive, whether consciously or
115 unconsciously.
116 3. A person's moral character or status as either
117 privileged or oppressed is necessarily determined by his or her
118 race, color, protected hairstyle, national origin, or sex.
119 4. Members of one race, color, national origin, o r sex, or
120 persons with a protected hairstyle, cannot and should not
121 attempt to treat others without respect to race, protected
122 hairstyle, color, national origin, or sex.
123 5. A person, by virtue of his or her race, protected
124 hairstyle, color, national origin, or sex, bears responsibility
125 for, or should be discriminated against or receive adverse
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126 treatment because of, actions committed in the past by other
127 members of the same race, color, national origin, or sex , or
128 persons with a protected hairstyle.
129 6. A person, by virtue of his or her race, protected
130 hairstyle, color, national origin, or sex, should be
131 discriminated against or receive adverse treatment to achieve
132 diversity, equity, or inclusion.
133 7. A person, by virtue of his or her race, protected
134 hairstyle, color, sex, or national origin, bears personal
135 responsibility for and must feel guilt, anguish, or other forms
136 of psychological distress because of actions, in which the
137 person played no part, committed in the past by other members of
138 the same race, color, national origin, or sex, or persons with a
139 protected hairstyle.
140 8. Such virtues as merit, excellence, hard work, fairness,
141 neutrality, objectivity, and racial colorblindness are racist or
142 sexist, or were created by members of a particular race, color,
143 national origin, or sex, or persons with a protected hairstyle,
144 to oppress members of another race, color, national origin, or
145 sex, or persons with a protected hairstyle.
146 (b) Paragraph (a) may not be construed to prohibit
147 discussion of the concepts listed therein as part of a larger
148 course of training or instruction, provided such training or
149 instruction is given in an objective manner without endorsement
150 of the concepts.
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151 Section 3. Subsection (7) of section 1002.20, Florida
152 Statutes, is amended to read:
153 1002.20 K-12 student and parent rights.—Parents of public
154 school students must receive accurate and timely information
155 regarding their child's academic progress and must be informed
156 of ways they can help their child to succeed in school. K-12
157 students and their parents are afforded numerous statutory
158 rights including, but not limited to, the following:
159 (7) NONDISCRIMINATION.—All education programs, activities,
160 and opportunities offered by public educational institutions
161 must be made available without discrimination on the basis of
162 race, ethnicity, national origin, sex gender, disability,
163 religion, or marital status, in accordance with the provisions
164 of s. 1000.05. For purposes of this subsection, the term "race"
165 is inclusive of traits historically associated with race,
166 including, but not limited to, hair texture, hair type, and
167 protective hairstyles. The term "protective hairstyles"
168 includes, but is not limited to, afros, braids, locks, or
169 twists.
170 Section 4. Paragraph (a) of subsection (6) of sect ion
171 1002.395, Florida Statutes, is amended to read:
172 1002.395 Florida Tax Credit Scholarship Program.—
173 (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP -FUNDING
174 ORGANIZATIONS.—An eligible nonprofit scholarship-funding
175 organization:
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176 (a) Must comply with the antidiscrimination provisions of
177 42 U.S.C. s. 2000d. For purposes of this paragraph, the term
178 "race" as used in 42 U.S.C. s. 2000d is inclusive of traits
179 historically associated with race, including, but not limited
180 to, hair texture, hair type, and protective hairstyles. The term
181 "protective hairstyles" includes, but is not limited to, afros,
182 braids, locks, or twists.
183
184 Information and documentation provided to the Department of
185 Education and the Auditor General relating to the identity of a
186 taxpayer that provides an eligible contribution under this
187 section shall remain confidential at all times in accordance
188 with s. 213.053.
189 Section 5. Paragraph (a) of subsection (1) of section
190 1002.421, Florida Statutes, is amended to read:
191 1002.421 State school choice scholarship program
192 accountability and oversight.—
193 (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
194 school participating in an educational scholarship program
195 established pursuant to this chapter must be a private school as
196 defined in s. 1002.01(2) in this state, be registered, and be in
197 compliance with all requirements of this section in addition to
198 private school requirements outlined in s. 1002.42, specific
199 requirements identified within respective scholarship program
200 laws, and other provisions of Florida law that apply to private
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201 schools, and must:
202 (a) Comply with the antidiscrimination provisions of 42
203 U.S.C. s. 2000d. For purposes of this paragraph, the term "race"
204 as used in 42 U.S.C. s. 2000d is inclusive of traits
205 historically associated with race, including, but not limited
206 to, hair texture, hair type, and protective hairstyles. The term
207 "protective hairstyles" includes, but is not limited to, afros,
208 braids, locks, or twists.
209
210 The department shall suspend the payment of funds to a private
211 school that knowingly fails to comply with this subsection, and
212 shall prohibit the school from enrolling new scholarship
213 students, for 1 fiscal year and until the school complies. If a
214 private school fails to meet the requirements of this subsec tion
215 or has consecutive years of material exceptions listed in the
216 report required under paragraph (q), the commissioner may
217 determine that the private school is ineligible to participate
218 in a scholarship program.
219 Sec