Public Schools

(Sections 105.1701 and 105.1702)

The governing body of a public school, including an elementary school, high school, or charter school, shall ensure that the following information is displayed on the school website in a publicly accessible location:

• All training materials, including materials for instructors, concerning or used for staff and faculty training on all matters of nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, or bias, or any combination of these concepts with other concepts;

• All instructional or curricular materials concerning nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, or bias, or any combination of these concepts with other concepts; and

• Any procedures for the documentation, review, or approval of the training, instructional, or curricular materials used for staff and faculty training or student instruction at the school, including by the principal, curriculum administrators, or other teachers.

Each state agency and political subdivision shall post on its website in a publicly accessible location all training materials, including materials for instructors, for training provided to employees of the agency or political subdivision on all matters of nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, or bias, or any combination of these concepts with other concepts, except any materials that the agency or political subdivision is required to keep confidential.

A public school, including an elementary school, high school, or charter school, state agency, or political subdivision shall not:

• Require or otherwise compel a student, teacher, administrator, or other employee to affirm, adopt, or adhere to any belief or concept that:

• One race, sex, ethnicity, religion, or national origin is inherently superior or inferior to another race, sex, ethnicity, religion, or national origin;

• An individual, by virtue of his or her race, sex, ethnicity, religion, or national origin should be blamed for actions committed in the past by other members of the same race, sex, ethnicity, religion, or national origin; or

• An individual's moral character is necessarily determined, in whole or in part, by his or her race, sex, ethnicity, religion, or national origin.

• Use public funds to contract with, hire, or otherwise engage consultants, trainers, or other persons to:

• Direct or otherwise compel a student, teacher, administrator, or other employee to affirm, adopt, or adhere to any belief or concept prohibited by this act; or

• Advocate concepts prohibited by this act, unless it meets certain exceptions as described in the act; or

• Require a student, teacher, administrator, or other employee to attend or participate in a training, seminar, continuing education, orientation, or therapy that promotes any concept prohibited by this act.

Proxy Discrimination

(Sections 160.011, 160.2800, and 174.800)

This act establishes provisions relating to proxy discrimination in educational institutions.

The act defines "proxy discrimination" as the use of a facially neutral factor in student admissions that correlates with race, sex, color, ethnicity, ancestry, or national origin for the purpose of discriminating against or granting a preference to any individual or group on the basis of such characteristics. Proxy discrimination includes the use of certain factors described in the act, such as zip codes or socioeconomic indicators, which may be used individually or in combination with other factors for the purposes of discriminating against or granting a preference to any individual or group. "Traditional academic success factors" include standardized test results, grades, extracurricular activities, and academic recommendations.

Under the act, any public educational institution with a selective admission process, including public schools, charter schools, and state colleges and universities, shall publish a comprehensive list of all factors considered or used in the admission process. The list shall include academic qualifications, extracurricular activities, personal essays, letters of recommendation, and other factors set forth in the act. The list shall be made publicly available on the official website of each educational institution and shall be easily accessible to prospective students, parents, and other interested parties.

No educational institution or person making admission decisions for the institution shall discriminate or grant preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin; nor shall any such institution or person engage in proxy discrimination or seek information on students' race, sex, color, ethnicity, ancestry, or national origin during the application process unless expressly required by federal law, as provided in the act.

In any civil action challenging any instance of proxy discrimination, the person bringing the action has the burden of establishing a prima facie case of proxy discrimination through evidence that a particular factor or combination of factors other than traditional academic success factors was selected at least in part for the purpose of discriminating against or granting a preference to any individual or group on the basis of race, sex, color, ethnicity, ancestry, or national origin. The defendant has the burden of proving that the selection of the challenged factor or combination thereof was solely for a lawful purpose and not for the purpose of discriminating against or granting a preference to any individual or group.

The use of traditional academic success factors by any educational institution or employee presumptively does not constitute proxy discrimination. To challenge the use of traditional academic success factors, the plaintiff has the burden of proving that the factors were manipulated, weighted, or otherwise used with the specific intent of discriminating against or granting a preference to an individual or group in violation of the act.

Educational institutions shall have a grace period of nine months after the effective date of the act (or until May 28, 2027), to comply with the requirements relating to disclosure of factors considered in the admission process.

Noncompliance with this act may result in penalties, including fines and potential loss of public funding, as provided in the act.

Missouri Human Rights Act

(Section 213.136)

The act prohibits the state, including any political subdivision thereof, or any public university system, community college district, or public school district, from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, color, national origin, ancestry, or sex in the operation of public employment, public education, or public contracting.

This act contains a severability clause.

SCOTT SVAGERA