Stricken language would be deleted from and underlined language would be added to present law. Act 721 of the Regular Session *TNL098* 04-09-2025 10:51:59 TNL098 State of Arkansas As Engrossed: S3/11/25 H4/9/25 1 95th General Assembly A Bill 2 Regular Session, 2025 SENATE BILL 352 3 4 By: Senators Stone, Gilmore, Hester, B. Johnson, B. Davis, M. McKee, J. Dotson, J. Boyd 5 By: Representatives Beaty Jr., B. McKenzie, Gramlich, Walker, Achor, Andrews, Barker, Bentley, Breaux, 6 Brooks, A. Brown, K. Brown, M. Brown, N. Burkes, Joey Carr, John Carr, Cavenaugh, Cozart, Crawford, 7 Eaves, Eubanks, Furman, Hawk, Holcomb, Lundstrum, Maddox, McClure, McNair, J. Moore, Ray, 8 Richmond, Rose, Rye, M. Shepherd, Underwood, Unger, Vaught, Warren, Wooten 9 10 For An Act To Be Entitled 11 AN ACT TO PROHIBIT ANTISEMITISM IN PUBLIC ELEMENTARY 12 AND SECONDARY SCHOOLS; TO PROHIBIT ANTISEMITISM IN 13 STATE-SUPPORTED INSTITUTIONS OF HIGHER EDUCATION; AND 14 FOR OTHER PURPOSES. 15 16 17 Subtitle 18 TO PROHIBIT ANTISEMITISM IN PUBLIC 19 ELEMENTARY AND SECONDARY SCHOOLS; AND TO 20 PROHIBIT ANTISEMITISM IN STATE -SUPPORTED 21 INSTITUTIONS OF HIGHER EDUCATION. 22 23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24 25 SECTION 1. Arkansas Code Title 6, Chapter 16, is amended to add an 26 additional subchapter to read as follows: 27 Subchapter 20 — Prohibition Against Antisemitism in Public Elementary and 28 Secondary Schools 29 30 6-16-2001. Legislative findings and intent. 31 (a) The General Assembly finds that: 32 (1) A historic rise in antisemitic violence, harassment, and 33 discrimination has occurred at kindergarten through grade twelve (K -12) 34 schools across the United States, targeting Jewish students; 35 (2) In April 2024, the Director of the Federal Bureau of 36 As Engrossed: S3/11/25 H4/9/25 SB352 2 04-09-2025 10:51:59 TNL098 Investigation found that the number of Federal Bureau of Investigation 1 investigations into antisemitic hate crimes tripled in the months after 2 October 7, 2023; 3 (3) According to a recent Gallup poll, eighty -one percent (81%) 4 of Americans now see antisemitism as either a "very serious" or "somewhat 5 serious" problem, up from fifty -seven percent (57%) two (2) decades ago; 6 (4) Acts of antisemitism on kindergarten through grade twelve 7 (K-12) school campuses undermine the educational and social fabric of our 8 educational institutions; and 9 (5) Promoting understanding, tolerance, and respect for all 10 students and school employees is imperative. 11 (b) It is the intent of the General Assembly to require all 12 kindergarten through grade twelve (K -12) schools to address and prohibit 13 antisemitic discrimination at kindergarten through grade twelve (K -12) 14 schools in the same manner kindergarten through grade twelve (K -12) schools 15 would address and prohibit any other form of discrimination prohibited by 16 law, including without limitation discrimination on the basis of race. 17 18 6-16-2002. Definitions. 19 As used in this section: 20 (1) "Antisemitism" means the same as defined by the 21 International Holocaust Remembrance Alliance in its working definition of 22 antisemitism, including its contemporary examples, as it was adopted on May 23 26, 2016; 24 (2) "Institution of higher education" means a public two -year or 25 four-year institution of higher education; and 26 (3) "School" means a kindergarten through grade twelve (K -12): 27 (A) Public school or public school district; or 28 (B) Open-enrollment public charter school. 29 30 6-16-2003. Requirements. 31 (a) Each school shall treat harassment or discrimination that is 32 motivated by or includes antisemitic intent by a student or school employee 33 or is a result of school policies or programs on the school campus in the 34 same manner as any other form of discrimination prohibited by state or 35 federal law. 36 As Engrossed: S3/11/25 H4/9/25 SB352 3 04-09-2025 10:51:59 TNL098 (b) Each school district board of directors shall adopt policies that 1 include: 2 (1) The definition of antisemitism under this subchapter; and 3 (2) Prohibited conduct as it specifically relates to 4 antisemitism, which shall include: 5 (A) Harassment and discrimination against Jews in 6 compliance with Title VI of the Civil Rights Act of 1964, Pub. L. No. 88 -352, 7 as it existed on January 1, 2025; 8 (B) Antidiscrimination regulations provided by the United 9 States Department of Education and the United States Department of Justice; 10 and 11 (C) Relevant state-level antidiscrimination laws. 12 (c) Each school is encouraged to: 13 (1) Incorporate antisemitism awareness training into any 14 required anti-bias training for all students, school employees, school 15 administrators, and school campus police; and 16 (2) Integrate Jewish -American heritage curriculum for students 17 that incorporates Jewish experiences in the United States pre - and post-18 American Revolution, pre - and post-World War II and the Holocaust, and in 19 modern times. 20 (d) Each school shall place reasonable time, place, and manner 21 restrictions on speech to ensure order and protect the rights of all 22 students. 23 24 6-16-2004. Monitoring requirement. 25 (a)(1) The Department of Education shall designate a Title VI 26 Coordinator who shall monitor all complaints of discrimination and 27 harassment, including without limitation antisemitic discrimination and 28 harassment, at schools and institutions of higher education. 29 (2) The individual designated by the department as a Title VI 30 Coordinator under subdivision (a)(1) of this section may be a current 31 employee of the department. 32 (b) Each school and institution of higher education shall formally 33 report an incident or complaint of discrimination or harassment under this 34 subchapter to the Title VI Coordinator. 35 (c) The Title VI Coordinator established under this section shall: 36 As Engrossed: S3/11/25 H4/9/25 SB352 4 04-09-2025 10:51:59 TNL098 (1) Establish, maintain, and publicize a formal reporting 1 process whereby the following individuals may submit a complaint of 2 discrimination or harassment: 3 (A) All students, parents, legal guardians, and persons 4 standing in loco parentis to students, and school employees can submit a 5 complaint of discrimination or harassment; 6 (B) All students enrolled in an institution of higher 7 education; and 8 (C) All faculty and staff employed by an institution of 9 higher education. 10 (2)(A) Thoroughly investigate a complaint received under this 11 section. 12 (B)(i) If the Title VI Coordinator, after reasonable 13 investigation, determines that a school or an institution of higher education 14 has engaged in, allowed, or not taken the necessary action in response to 15 antisemitic discrimination prohibited under this antisemitic discrimination 16 prohibited under this subchapter or any other form of prohibited 17 discrimination, then the Title VI Coordinator shall provide written notice to 18 the school or institution of higher education to address the Title VI 19 Coordinator's concerns within thirty (30) days of receipt of the notice. 20 (ii) If the Title VI Coordinator determines that a 21 school or an institution of higher education has not taken the necessary 22 action in accordance with the notice received under subdivision (c)(2)(B)(i) 23 of this section within thirty (30) days, then the Title VI Coordinator shall 24 report its finding to the: 25 (a) Attorney General's office for action; and 26 (b) United States Department of Education and 27 United States Department of Justice by making a complaint under Title VI of 28 the Civil Rights Act of 1964, Pub. L. No. 88 -352; and 29 (3) By June 30 of each year issue an annual report on 30 discrimination in schools and institutions of higher education to the General 31 Assembly, which shall include without limitation the following: 32 (A) The number and type of discrimination -related 33 incidents; 34 (B) The category of bias -motivation, including 35 antisemitism; and 36 As Engrossed: S3/11/25 H4/9/25 SB352 5 04-09-2025 10:51:59 TNL098 (C) How reports of discrimination were resolved or if the 1 reports of discrimination are pending resolution. 2 (d) The General Assembly is encouraged to: 3 (1) Conduct hearings or investigations to assess any school or 4 institution of higher education that is found to inadequately address 5 discrimination and harassment complaints under this section; and 6 (2) Consider reducing or eliminating any state funding provided 7 to a school or state -supported institution of higher education that is found 8 to inadequately address discrimination and harassment complaints under this 9 section. 10 11 6-16-2005. Exceptions. 12 (a) Nothing in this act shall be construed to diminish or infringe 13 upon any right protected under the First Amendment to the United States 14 Constitution or Arkansas Constitution, Article 2, §§ 4, 6, and 24. 15 (b) Nothing in this act shall be construed to conflict with federal or 16 state discrimination laws. 17 (c) Criticism of Israel similar to the criticism leveled against any 18 other country shall not be regarded as antisemitic. 19 20 SECTION 2. Arkansas Code Title 6, Chapter 60, is amended to add an 21 additional subchapter to read as follows: 22 Subchapter 16 — Prohibition Against Antisemitism in Institutions of Higher 23 Education 24 25 6-60-1601. Legislative findings and intent. 26 (a) The General Assembly finds that: 27 (1) A historic rise in antisemitic violence, harassment, and 28 discrimination has occurred at institutions of higher education across the 29 United States, targeting Jewish students; 30 (2) In April 2024, the Director of the Federal Bureau of 31 Investigation found that the number of Federal Bureau of Investigation 32 investigations into antisemitic hate crimes tripled in the months after 33 October 7, 2023; 34 (3) According to a recent Gallup poll, eighty -one percent (81%) 35 of Americans now see antisemitism as either a "very serious" or "somewhat 36 As Engrossed: S3/11/25 H4/9/25 SB352 6 04-09-2025 10:51:59 TNL098 serious" problem, up from fifty -seven percent (57%) two (2) decades ago; 1 (4) Acts of antisemitism on institution of higher education 2 campuses undermine the educational and social fabric of our educational 3 institutions; and 4 (5) Promoting understanding, tolerance, and respect for all 5 students and institution of higher education employees is imperative. 6 (b) It is the intent of the General Assembly to require all 7 institutions of higher education to address and prohibit antisemitic 8 discrimination at institution of higher education campuses in the same manner 9 as institutions of higher education would address and prohibit any other form 10 of discrimination prohibited by law, including without limitation 11 discrimination on the basis of race . 12 13 6-60-1602. Definitions. 14 As used in this section: 15 (1) "Antisemitism" means the same as defined by the 16 International Holocaust Remembrance Alliance in its working definition of 17 antisemitism, including its contemporary examples, as it was adopted on May 18 26, 2016; and 19 (2) "Institution of higher education" means a public two -year or 20 four-year institution of higher education. 21 22 6-60-1603. Requirements. 23 (a) Each institution of higher education shall treat harassment or 24 discrimination that is motivated by or includes antisemitic intent by a 25 student enrolled in the institution of higher education or an individual 26 employed by the institution of higher education or that is a result of 27 institution of higher education policies or programs on the institution of 28 higher education campus in the same manner as any other form of 29 discrimination prohibited by state or federal law. 30 (b) Each institution of higher education shall incorporate into its 31 student and employee codes of conduct: 32 (1) The definition of antisemitism under this subchapter; and 33 (2) Prohibited conduct as it specifically relates to 34 antisemitism, which shall include: 35 (A) Harassment and discrimination against Jews in 36 As Engrossed: S3/11/25 H4/9/25 SB352 7 04-09-2025 10:51:59 TNL098 compliance with Title VI of the Civil Rights Act of 1964, Pub. L. No. 88 -352, 1 as it existed on January 1, 2025; 2 (B) Antidiscrimination regulations provided by the United 3 States Department of Education and the United States Department of Justice; 4 and 5 (C) Relevant state-level antidiscrimination laws. 6 (c) Each institution of higher education is encouraged to: 7 (1) Incorporate antisemitism awareness training into any 8 required anti-bias training for all students enrolled in the institution of 9 higher education and individuals employed by the institution of higher 10 education; and 11 (2) Integrate Jewish -American heritage curriculum for students 12 enrolled in the institution of higher education that incorporates Jewish 13 experiences in the United States pre - and post-American Revolution, pre - and 14 post-World War II and the Holocaust, and in modern times. 15 (d) Each institution of higher education shall place reasonable time, 16 place, and manner restrictions on speech to ensure order and protect the 17 rights of all students enrolled in the institution of higher education. 18 19 6-60-1604. Monitoring. 20 Each institution of higher education shall comply with monitoring and 21 reporting requirements under § 6 -16-2004. 22 23 6-60-1605. Exceptions. 24 (a) Nothing in this act shall be construed to diminish or infringe 25 upon any right protected under the First Amendment to the United States 26 Constitution or Arkansas Constitution, Article 2, §§ 4, 6, and 24. 27 (b) Nothing in this act shall be construed to conflict with federal or 28 state discrimination laws. 29 (c) Criticism of Israel similar to the criticism leveled against any 30 other country shall not be regarded as antisemitic. 31 32 /s/Stone 33 34 APPROVED: 4/17/25 35 36