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HOUSE BILL NO. 228
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-SECOND LEGISLATURE - SECOND SESSION
BY REPRESENTATIVES MCKAY, Carpenter, Vance
Introduced: 1/18/22
Referred: Education, Judiciary
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to nondiscrimination in public education."
2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
3 * Section 1. AS 14.18.070 is amended to read:
4 Sec. 14.18.070. Affirmative action. The board shall establish procedures for
5 affirmative action programs covering both equal employment and equal educational
6 opportunity to be implemented by all school districts and regional educational
7 attendance areas determined by the board not to be in compliance with AS 14.18.010 -
8 14.18.110 [THIS CHAPTER].
9 * Sec. 2. AS 14.18.080 is amended to read:
10 Sec. 14.18.080. Implementation. (a) The board shall adopt regulations under
11 AS 44.62 (Administrative Procedure Act) to implement AS 14.18.010 - 14.18.110
12 [THIS CHAPTER].
13 (b) The Board of Regents shall adopt rules under AS 14.40.170(b)(1) to
14 implement AS 14.18.010 - 14.18.110 [THIS CHAPTER].
15 * Sec. 3. AS 14.18.090(a) is amended to read:
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1 (a) The board shall enforce compliance by school districts and regional
2 educational attendance areas with the provisions of AS 14.18.010 - 14.18.110 [THIS
3 CHAPTER] and the regulations and procedures adopted under it by appropriate order
4 made in accordance with AS 44.62. After a hearing conducted by the office of
5 administrative hearings (AS 44.64.010) and a finding by the board that a district or a
6 regional educational attendance area is not in compliance with AS 14.18.010 -
7 14.18.110 [THIS CHAPTER] and is not actively working to come into compliance,
8 the board shall institute appropriate proceedings to abate the practices found by the
9 board to be a violation of AS 14.18.010 - 14.18.110 [THIS CHAPTER].
10 * Sec. 4. AS 14.18.100 is amended to read:
11 Sec. 14.18.100. Remedies. (a) A person aggrieved by a violation of
12 AS 14.18.010 - 14.18.110 [THIS CHAPTER] or of a regulation or procedure adopted
13 under AS 14.18.010 - 14.18.110 [THIS CHAPTER] as to primary or secondary
14 education may file a complaint with the board and has an independent right of action
15 in superior court for civil damages and for such equitable relief as the court may
16 determine.
17 (b) A person aggrieved by a violation of AS 14.18.010 - 14.18.110 [THIS
18 CHAPTER] or of a regulation or procedure adopted under AS 14.18.010 - 14.18.110
19 [THIS CHAPTER] as to postsecondary education has an independent right of action in
20 superior court for civil damages and for such equitable relief as the court may
21 determine.
22 * Sec. 5. AS 14.18.110 is amended to read:
23 Sec. 14.18.110. Effect [OF CHAPTER]. AS 14.18.010 - 14.18.110 [THIS
24 CHAPTER] is supplementary to and does not supersede existing laws relating to
25 unlawful discrimination based on sex or race.
26 * Sec. 6. AS 14.18 is amended by adding a new section to read:
27 Article 2. Nondiscrimination; Tenets in Public Education.
28 Sec. 14.18.150. Nondiscrimination; tenets. (a) A public school may not direct
29 or otherwise compel a student to personally affirm, adopt, or adhere to, or provide a
30 course of instruction or unit of study that directs or otherwise compels a student to
31 affirm, adopt, or adhere to, the following tenets:
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1 (1) a given sex, race, ethnicity, religion, color, or national origin is
2 inherently superior or inferior;
3 (2) an individual should be treated adversely based on the individual's
4 sex, race, ethnicity, religion, color, or national origin;
5 (3) an individual, by virtue of the individual's sex, race, ethnicity,
6 religion, color, or national origin, is inherently responsible for actions committed in
7 the past by other members of the same sex, race, ethnicity, religion, color, or national
8 origin.
9 (b) A public school may not provide a course of instruction or unit of study
10 that teaches, the curriculum described by the New York Times' 1619 Project.
11 (c) This section does not prohibit a public school from collecting or reporting
12 demographic data.
13 (d) The department, board, and public schools may not expend public funds
14 for a purpose prohibited by (a) or (b) of this section.
15 (e) In this section, "public school" includes a public postsecondary institution.
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Statutes affected:
HB0228A, AM HB 228, introduced 01/07/2022: 14.18.070, 14.18.010, 14.18.110, 14.18.080, 14.40.170, 14.18.090, 44.64.010, 14.18.100