S.B. No. 326 introduces new provisions to the Texas Education Code regarding the disciplinary actions taken against students for violations of the student code of conduct that may be motivated by antisemitism. Specifically, it adds Section 37.0095 for public schools and Section 51.9791 for institutions of higher education, both requiring that any disciplinary action consider the definition of antisemitism as outlined in Section 448.001 of the Government Code. This definition includes specific examples to guide schools and institutions in determining whether a student's behavior was indeed motivated by antisemitism.

The bill emphasizes that the intent of the legislation is not to penalize speech protected under the First Amendment or the Texas Constitution unless it is accompanied by actions that violate the respective student codes of conduct. The new provisions will take effect starting with the 2025-2026 school year and academic year, respectively. The bill also includes a provision for immediate effect if it receives a two-thirds majority vote in both houses; otherwise, it will take effect on September 1, 2025.

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