HOUSE BILL NO. 2061 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE HRUZA.
4529H.03I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapters 160 and 173, RSMo, by adding thereto four new sections relating to prohibiting antisemitic actions that threaten students and staff at educational institutions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 160 and 173, RSMo, are amended by adding thereto four new 2 sections, to be known as sections 160.014, 160.015, 173.001, and 173.002, to read as follows: 160.014. 1. As used in this section and section 160.015, the following terms 2 mean: 3 (1) "Antisemitism" or "antisemitic", the International Holocaust Remembrance 4 Alliance's (IHRA) Working Definition of Antisemitism, including its contemporary 5 examples, as it was adopted on May 26, 2016, as a tool and guide for recognizing and 6 combating antisemitism; 7 (2) "Educational institution", each public school and school district in this state. 8 2. Each educational institution shall treat harassment of or discrimination 9 against students or employees, or harassment or discrimination resulting from 10 institutional policies or programs on such educational institution's campuses, that is 11 motivated by or including antisemitism in an identical manner to discrimination 12 motivated by race. 13 3. (1) Each educational institution shall integrate the definition of antisemitism 14 in this section into such educational institution's student, faculty, and employee codes of 15 conduct and shall prohibit such conduct at or by such educational institution if such 16 conduct creates an atmosphere or circumstance in which individuals working at,
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2061 2
17 visiting, or attending the educational institution are impeded from their normal course 18 of work, study, or access to the educational institution and the educational institution's 19 services and facilities either by physically impeding such activity or by creating an 20 atmosphere of fear or intimidation. 21 (2) Prohibited conduct as it relates specifically to antisemitism shall be 22 incorporated into such educational institution's student, faculty, and employee codes of 23 conduct and shall include penalties for harassment of and discrimination against Jews 24 in compliance with antidiscrimination regulations promulgated under Title VI of the 25 federal Civil Rights Act of 1964, as amended, by the United States Department of 26 Education and the United States Department of Justice. 27 4. (1) Criticism of Israel that is similar to criticism toward any other country 28 shall not be construed to be antisemitic. 29 (2) Nothing in this section shall be construed to diminish or infringe upon any 30 right protected under the First Amendment to the Constitution of the United States or 31 the Constitution of Missouri. 32 (3) Nothing in this section shall be construed to conflict with federal or state 33 discrimination laws. 160.015. 1. (1) No educational institution shall discriminate because of race, 2 ethnicity, national origin, sex, disability, religion, or marital status against a student or 3 an employee in the state system of public elementary and secondary education. 4 (2) No person in this state shall, on the basis of race, ethnicity, national origin, 5 sex, disability, religion, or marital status, be excluded from participation in, denied the 6 benefits of, or subjected to discrimination under any program or activity or in any 7 employment conditions or practices conducted by an educational institution that 8 receives or benefits from federal or state financial assistance. 9 2. An educational institution's criteria for admission to a program or course 10 shall not have the effect of restricting access by persons of a particular race, ethnicity, 11 national origin, sex, disability, religion, or marital status. 12 3. (1) All of an educational institution's classes shall be available to all students 13 without regard to race, ethnicity, national origin, sex, disability, religion, or marital 14 status. 15 (2) This subsection shall not be construed to eliminate the provision of programs 16 designed to meet the needs of students with limited proficiency in English, gifted 17 students, or students with disabilities or programs tailored to students with special 18 needs. 19 4. Guidance services, counseling services, and financial assistance services in an 20 educational institution shall be available to all students equally and provided in the HB 2061 3
21 same manner regardless of race, ethnicity, national origin, sex, disability, religion, or 22 marital status. 23 5. All education programs, activities, and opportunities offered by educational 24 institutions shall be made available without discrimination on the basis of race, 25 ethnicity, national origin, sex, disability, religion, or marital status. 26 6. (1) Nothing in this section shall be construed to diminish or infringe upon any 27 right protected under the First Amendment to the Constitution of the United States or 28 the Constitution of Missouri. 29 (2) Nothing in this section shall be construed to conflict with federal or state 30 discrimination laws. 31 7. (1) Each educational institution shall report incidents and complaints of 32 antisemitic discrimination or harassment to the Title VI coordinator at the department 33 of elementary and secondary education. 34 (2) The Title VI coordinator shall establish, maintain, and publicize a formal 35 reporting process by which students, parents, staff, and faculty can submit complaints 36 of antisemitic discrimination and harassment. 37 (3) The Title VI coordinator shall thoroughly investigate all complaints made 38 under this subsection. After a reasonable investigation, if the coordinator determines 39 that an educational institution has engaged in, allowed, or failed to sufficiently prohibit 40 antisemitic discrimination or harassment, the department of elementary and secondary 41 education shall notify, in writing, the educational institution of such determination and 42 that such educational institution is required to address the issues described in such 43 determination within thirty days after receipt of such written notice. 44 (4) After the expiration of the thirty days to address issues in the coordinator's 45 determination, if the Title VI coordinator determines the educational institution has 46 failed to take the necessary actions to address such issues, the department of elementary 47 and secondary education shall report the coordinator's determination to the United 48 States Department of Education and the United States Department of Justice by making 49 a complaint under Title VI of the federal Civil Rights Act of 1964, as amended. 50 (5) The Title VI coordinator shall compile an annual report on complaints of 51 antisemitic discrimination and harassment monitored, reported, and investigated under 52 this section. Such report shall be published on the website of the department of 53 elementary and secondary education and submitted to the general assembly before July 54 first of each year. 173.001. 1. As used in this section and section 173.002, the following terms 2 mean: HB 2061 4
3 (1) "Antisemitism" or "antisemitic", the International Holocaust Remembrance 4 Alliance's (IHRA) Working Definition of Antisemitism, including its contemporary 5 examples, as it was adopted on May 26, 2016, as a tool and guide for recognizing and 6 combating antisemitism; 7 (2) "Educational institution", a public postsecondary educational institution 8 governed or supervised by a: 9 (a) Board erected under chapter 172, 174, 175, or 178; 10 (b) Board of trustees of a community college; or 11 (c) State board for any other technical school. 12 2. Each educational institution shall treat harassment of or discrimination 13 against students or employees, or harassment or discrimination resulting from 14 institutional policies or programs on such educational institution's campuses, that is 15 motivated by or including antisemitism in an identical manner to discrimination 16 motivated by race. 17 3. (1) Each educational institution shall integrate the definition of antisemitism 18 in this section into such educational institution's student, faculty, and employee codes of 19 conduct and shall prohibit such conduct at or by such educational institution if such 20 conduct creates an atmosphere or circumstance in which individuals working at, 21 visiting, or attending the educational institution are impeded from their normal course 22 of work, study, or access to the educational institution and the educational institution's 23 services and facilities either by physically impeding such activity or by creating an 24 atmosphere of fear or intimidation. 25 (2) Prohibited conduct as it relates specifically to antisemitism shall be 26 incorporated into such educational institution's student, faculty, and employee codes of 27 conduct and shall include penalties for harassment of and discrimination against Jews 28 in compliance with antidiscrimination regulations promulgated under Title VI of the 29 federal Civil Rights Act of 1964, as amended, by the United States Department of 30 Education and the United States Department of Justice. 31 4. (1) Criticism of Israel that is similar to criticism toward any other country 32 shall not be construed to be antisemitic. 33 (2) Nothing in this section shall be construed to diminish or infringe upon any 34 right protected under the First Amendment to the Constitution of the United States or 35 the Constitution of Missouri. 36 (3) Nothing in this section shall be construed to conflict with federal or state 37 discrimination laws. HB 2061 5
173.002. 1. (1) No educational institution shall discriminate because of race, 2 ethnicity, national origin, sex, disability, religion, or marital status against a student or 3 an employee in the state system of public postsecondary education. 4 (2) No person in this state shall, on the basis of race, ethnicity, national origin, 5 sex, disability, religion, or marital status, be excluded from participation in, denied the 6 benefits of, or subjected to discrimination under any program or activity or in any 7 employment conditions or practices conducted by an educational institution that 8 receives or benefits from federal or state financial assistance. 9 2. An educational institution's criteria for admission to a program or course 10 shall not have the effect of restricting access by persons of a particular race, ethnicity, 11 national origin, sex, disability, religion, or marital status. 12 3. (1) All of an educational institution's classes shall be available to all students 13 without regard to race, ethnicity, national origin, sex, disability, religion, or marital 14 status. 15 (2) This subsection shall not be construed to eliminate the provision of programs 16 designed to meet the needs of students with limited proficiency in English, gifted 17 students, or students with disabilities or programs tailored to students with special 18 needs. 19 4. Guidance services, counseling services, and financial assistance services in an 20 educational institution shall be available to all students equally and provided in the 21 same manner regardless of race, ethnicity, national origin, sex, disability, religion, or 22 marital status. 23 5. All education programs, activities, and opportunities offered by educational 24 institutions shall be made available without discrimination on the basis of race, 25 ethnicity, national origin, sex, disability, religion, or marital status. 26 6. (1) Nothing in this section shall be construed to diminish or infringe upon any 27 right protected under the First Amendment to the Constitution of the United States or 28 the Constitution of Missouri. 29 (2) Nothing in this section shall be construed to conflict with federal or state 30 discrimination laws. 31 7. (1) Each educational institution shall report incidents and complaints of 32 antisemitic discrimination or harassment to the Title VI coordinator of the coordinating 33 board for higher education under the department of higher education and workforce 34 development. 35 (2) The Title VI coordinator shall establish, maintain, and publicize a formal 36 reporting process by which students, parents, staff, and faculty can submit complaints 37 of antisemitic discrimination and harassment. HB 2061 6
38 (3) The Title VI coordinator shall thoroughly investigate all complaints made 39 under this subsection. After a reasonable investigation, if the coordinator determines 40 that an educational institution has engaged in, allowed, or failed to sufficiently prohibit 41 antisemitic discrimination or harassment, the coordinating board for higher education 42 shall notify, in writing, the educational institution of such determination and that such 43 educational institution is required to address the issues described in such determination 44 within thirty days after receipt of such written notice. 45 (4) After the expiration of the thirty days to address issues in the coordinator's 46 determination, if the Title VI coordinator determines the educational institution has 47 failed to take the necessary actions to address such issues, the coordinating board for 48 higher education shall report the coordinator's determination to the United States 49 Department of Education and the United States Department of Justice by making a 50 complaint under Title VI of the federal Civil Rights Act of 1964, as amended. 51 (5) The Title VI coordinator shall compile an annual report on complaints of 52 antisemitic discrimination and harassment monitored, reported, and investigated under 53 this section. Such report shall be published on the website of the coordinating board for 54 higher education and submitted to the general assembly before July first of each year. ✔
Statutes affected: