House Bill No. introduced by K. Seekins-Crowe aims to revise education laws in Montana by prohibiting institutions of higher education from considering race, color, ethnicity, or national origin in various aspects such as hiring, admissions, participation, benefits, scholarships, and financial aid. The bill establishes a private cause of action for individuals who believe they have been discriminated against based on these characteristics, allowing them to seek compensatory, punitive, and statutory damages, as well as injunctive and declaratory relief. Additionally, the state waives its claim to sovereign immunity in these cases.
The bill includes specific provisions that prevent institutions from using aggregated data related to applicants' race or ethnicity in decision-making processes and prohibits the disclosure of such data to admissions or financial aid officers before final decisions are made. It also clarifies that individuals can hold both institutions and their employees accountable for violations, with strict liability for statutory damages set at $4,000. The act is set to take effect on October 1, 2026, and is intended to be codified as a new chapter in Title 20 of the Montana Code.