Florida 2024 Regular Session

Florida House Bill H0643 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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13	13
14	14	A bill to be entitled 1
15	15	An act relating to prohibited discrimination based on 2
16	16	hairstyle in the education system; providing a short 3
17	17	title; amending s. 1000.05, F.S.; defining the term 4
18	18	"protected hairstyle"; prohibiting discrimination 5
19	19	based on protected hairstyle in the Florida K -20 6
20	20	public education system; amending ss. 1002.395, 7
21	21	1002.421, 1002.53, and 1004.935, F.S.; providing that 8
22	22	the term "race" includes protected hairstyles for 9
23	23	purposes of the United States Code within the public 10
24	24	and private education system; amending ss. 1002.20 and 11
25	25	1003.42, F.S.; conforming provisions to changes made 12
26	26	by the act; providing an effective date. 13
27	27	14
28	28	WHEREAS, the history of our nation is riddled with la ws and 15
29	29	societal norms that characterized "blackness" and its associated 16
30	30	physical traits as inferior to European physical features, and 17
31	31	WHEREAS, this idea also permeates a societal understanding 18
32	32	of professionalism that was, and still is, closely linked to 19
33	33	European features and mannerisms, which entails that those who 20
34	34	do not naturally conform to Eurocentric norms must alter their 21
35	35	appearance to meet such norms in order to be considered 22
36	36	professional, and 23
37	37	WHEREAS, hair has been, and remains, a rampant source o f 24
38	38	racial discrimination that has caused serious economic and 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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49	49
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51	51	health ramifications, and 26
52	52	WHEREAS, school dress code policies that prohibit natural 27
53	53	hair, including afros, and certain hairstyles, such as braids, 28
54	54	twists, and locks, have a disparate impact on b lack students as 29
55	55	these policies are more likely to burden or punish black 30
56	56	students compared to other groups, and 31
57	57	WHEREAS, federal courts accept that Title VII of the Civil 32
58	58	Rights Act of 1964 prohibits discrimination based on race, and 33
59	59	therefore protects a gainst discrimination against the natural 34
60	60	presentation of black hair, including afros, braids, twists, and 35
61	61	locks, NOW, THEREFORE, 36
62	62	37
63	63	Be It Enacted by the Legislature of the State of Florida: 38
64	64	39
65	65	Section 1. This act may be cited as the "Creating a 40
66	66	Respectful and Open World for Natural Hair Act" or "CROWN Act." 41
67	67	Section 2. Subsection (2), paragraph (e) of subsection 42
68	68	(3), and subsection (4) of section 1000.05, Florida Statutes, 43
69	69	are amended to read: 44
70	70	1000.05 Discrimination against students and employees in 45
71	71	the Florida K-20 public education system prohibited; equality of 46
72	72	access required.— 47
73	73	(2)(a) As used in this section, the term "protected 48
74	74	hairstyle" means hair characteristics historically associated 49
75	75	with race, such as hair texture and styles, including, b ut not 50
76	76
77	77	HB 643 2024
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
85	85
86	86
87	87
88	88	limited to, afros, braids, locks, or twists. 51
89	89	(b) Discrimination on the basis of race, color, national 52
90	90	origin, sex, disability, religion, or marital status against a 53
91	91	student or an employee in the state system of public K -20 54
92	92	education is prohibited. No person in this state shall, on the 55
93	93	basis of race, color, national origin, sex, disability, 56
94	94	religion, or marital status, be excluded from participation in, 57
95	95	be denied the benefits of, or be subjected to discrimination 58
96	96	under any public K-20 education program or activity, or in any 59
97	97	employment conditions or practices, conducted by a public 60
98	98	educational institution that receives or benefits from federal 61
99	99	or state financial assistance. Additionally, discrimination on 62
100	100	the basis of a protected hairstyle against a student in the 63
101	101	state system of public K -20 education is prohibited. A student 64
102	102	may not be excluded from participation in, or denied the 65
103	103	benefits of, or be subjected to discrimination under any public 66
104	104	K-20 education program or activity on the basis of a prot ected 67
105	105	hairstyle. 68
106	106	(c)(b) The criteria for admission to a program or course 69
107	107	may shall not have the effect of restricting access by students 70
108	108	persons of a particular race, color, national origin, sex, 71
109	109	disability, religion, or marital status , or with a protected 72
110	110	hairstyle. 73
111	111	(d)(c) All public K-20 education classes must shall be 74
112	112	available to all students without regard to race, color, 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	protected hairstyle, national origin, sex, disability, religion, 76
126	126	or marital status; however, this is not intended to eliminate 77
127	127	the provision of programs designed to meet the needs of students 78
128	128	with limited proficiency in English, gifted students, or 79
129	129	students with disabilities or programs tailored to students with 80
130	130	specialized talents or skills. 81
131	131	(e)(d) Students may be separated by sex for a single-82
132	132	gender program as provided under s. 1002.311, for any portion of 83
133	133	a class that deals with human reproduction, or during 84
134	134	participation in bodily contact sports. For the purpose of this 85
135	135	section, bodily contact sports include wrestling, boxing , rugby, 86
136	136	ice hockey, football, basketball, and other sports in which the 87
137	137	purpose or major activity involves bodily contact. 88
138	138	(f)(e) Guidance services, counseling services, and 89
139	139	financial assistance services in the state public K -20 education 90
140	140	system must shall be available to students equally. Guidance and 91
141	141	counseling services, materials, and promotional events must 92
142	142	shall stress access to academic and career opportunities for 93
143	143	students without regard to race, color, protected hairstyle, 94
144	144	national origin, sex, d isability, religion, or marital status. 95
145	145	(3) 96
146	146	(e) A public school or Florida College System institution 97
147	147	may provide separate toilet, locker room, and shower facilities 98
148	148	on the basis of sex gender, but such facilities must shall be 99
149	149	comparable to such facili ties provided for students of the other 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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160	160
161	161
162	162	sex. 101
163	163	(4)(a) It shall constitute discrimination on the basis of 102
164	164	race, color, protected hairstyle, national origin, or sex under 103
165	165	this section to subject any student or employee to training or 104
166	166	instruction that espouse s, promotes, advances, inculcates, or 105
167	167	compels such student or employee to believe any of the following 106
168	168	concepts: 107
169	169	1. Members of one race, color, national origin, or sex , or 108
170	170	persons with a protected hairstyle, are morally superior to 109
171	171	members of another rac e, color, national origin, or sex , or 110
172	172	persons with a protected hairstyle . 111
173	173	2. A person, by virtue of his or her race, color, 112
174	174	protected hairstyle, national origin, or sex, is inherently 113
175	175	racist, sexist, or oppressive, whether consciously or 114
176	176	unconsciously. 115
177	177	3. A person's moral character or status as either 116
178	178	privileged or oppressed is necessarily determined by his or her 117
179	179	race, color, protected hairstyle, national origin, or sex. 118
180	180	4. Members of one race, color, national origin, or sex , or 119
181	181	persons with a protec ted hairstyle, cannot and should not 120
182	182	attempt to treat others without respect to race, protected 121
183	183	hairstyle, color, national origin, or sex. 122
184	184	5. A person, by virtue of his or her race, protected 123
185	185	hairstyle, color, national origin, or sex, bears responsibilit y 124
186	186	for, or should be discriminated against or receive adverse 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	treatment because of, actions committed in the past by other 126
200	200	members of the same race, color, national origin, or sex , or 127
201	201	persons with a protected hairstyle . 128
202	202	6. A person, by virtue of his or he r race, protected 129
203	203	hairstyle, color, national origin, or sex, should be 130
204	204	discriminated against or receive adverse treatment to achieve 131
205	205	diversity, equity, or inclusion. 132
206	206	7. A person, by virtue of his or her race, protected 133
207	207	hairstyle, color, sex, or national origin, bears personal 134
208	208	responsibility for and must feel guilt, anguish, or other forms 135
209	209	of psychological distress because of actions, in which the 136
210	210	person played no part, committed in the past by other members of 137
211	211	the same race, color , national origin, or sex , or persons with a 138
212	212	protected hairstyle. 139
213	213	8. Such virtues as merit, excellence, hard work, fairness, 140
214	214	neutrality, objectivity, and racial colorblindness are racist or 141
215	215	sexist, or were created by members of a particular race, color, 142
216	216	national origin, or sex , or persons with a protected hairstyle, 143
217	217	to oppress members of another race, color, national origin, or 144
218	218	sex, or persons with a protected hairstyle . 145
219	219	(b) Paragraph (a) may not be construed to prohibit 146
220	220	discussion of the concepts liste d therein as part of a larger 147
221	221	course of training or instruction, provided such training or 148
222	222	instruction is given in an objective manner without endorsement 149
223	223	of the concepts. 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	Section 3. Subsection (7) of section 1002.20, Florida 151
237	237	Statutes, is amended to re ad: 152
238	238	1002.20 K-12 student and parent rights. —Parents of public 153
239	239	school students must receive accurate and timely information 154
240	240	regarding their child's academic progress and must be informed 155
241	241	of ways they can help their child to succeed in school. K -12 156
242	242	students and their parents are afforded numerous statutory 157
243	243	rights including, but not limited to, the following: 158
244	244	(7) NONDISCRIMINATION. —All education programs, activities, 159
245	245	and opportunities offered by public educational institutions 160
246	246	must be made available withou t discrimination on the basis of 161
247	247	race, ethnicity, national origin, sex gender, disability, 162
248	248	religion, or marital status, in accordance with the provisions 163
249	249	of s. 1000.05. For purposes of this subsection, the term "race" 164
250	250	is inclusive of traits historically as sociated with race, 165
251	251	including, but not limited to, hair texture, hair type, and 166
252	252	protective hairstyles. The term "protective hairstyles" 167
253	253	includes, but is not limited to, afros, braids, locks, or 168
254	254	twists. 169
255	255	Section 4. Paragraph (a) of subsection (6) of sect ion 170
256	256	1002.395, Florida Statutes, is amended to read: 171
257	257	1002.395 Florida Tax Credit Scholarship Program. — 172
258	258	(6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP -FUNDING 173
259	259	ORGANIZATIONS.—An eligible nonprofit scholarship -funding 174
260	260	organization: 175
261	261
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	(a) Must comply wit h the antidiscrimination provisions of 176
274	274	42 U.S.C. s. 2000d. For purposes of this paragraph, the term 177
275	275	"race" as used in 42 U.S.C. s. 2000d is inclusive of traits 178
276	276	historically associated with race, including, but not limited 179
277	277	to, hair texture, hair type, and p rotective hairstyles. The term 180
278	278	"protective hairstyles" includes, but is not limited to, afros, 181
279	279	braids, locks, or twists. 182
280	280	183
281	281	Information and documentation provided to the Department of 184
282	282	Education and the Auditor General relating to the identity of a 185
283	283	taxpayer that provides an eligible contribution under this 186
284	284	section shall remain confidential at all times in accordance 187
285	285	with s. 213.053. 188
286	286	Section 5. Paragraph (a) of subsection (1) of section 189
287	287	1002.421, Florida Statutes, is amended to read: 190
288	288	1002.421 State school choice scholarship program 191
289	289	accountability and oversight. — 192
290	290	(1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS. —A private 193
291	291	school participating in an educational scholarship program 194
292	292	established pursuant to this chapter must be a private school as 195
293	293	defined in s. 1002.01 in this state, be registered, and be in 196
294	294	compliance with all requirements of this section in addition to 197
295	295	private school requirements outlined in s. 1002.42, specific 198
296	296	requirements identified within respective scholarship program 199
297	297	laws, and other prov isions of Florida law that apply to private 200
298	298
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310	310	schools, and must: 201
311	311	(a) Comply with the antidiscrimination provisions of 42 202
312	312	U.S.C. s. 2000d. For purposes of this paragraph, the term "race" 203
313	313	as used in 42 U.S.C. s. 2000d is inclusive of traits 204
314	314	historically associated with race, including, but not limited 205
315	315	to, hair texture, hair type, and protective hairstyles. The term 206
316	316	"protective hairstyles" includes, but is not limited to, afros, 207
317	317	braids, locks, or twists. 208
318	318	209
319	319	The department shall suspend the payment of funds to a private 210
320	320	school that knowingly fails to comply with this subsection, and 211
321	321	shall prohibit the school from enrolling new scholarship 212
322	322	students, for 1 fiscal year and until the school complies. If a 213
323	323	private school fails to meet the requirements of this subsection 214
324	324	or has consecutive years of material exceptions listed in the 215
325	325	report required under paragraph (q), the commissioner may 216
326	326	determine that the private school is ineligible to participate 217
327	327	in a scholarship program. 218
328	328	Section 6. Paragraph (c) of subsection (6) of section 219
329	329	1002.53, Florida Statutes, is amended to read: 220
330	330	1002.53 Voluntary Prekindergarten Education Program; 221
331	331	eligibility and enrollment. — 222
332	332	(6) 223
333	333	(c) Each private prekindergarten provider and publ ic 224
334	334	school must comply with the antidiscrimination requirements of 225
335	335
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347	347	42 U.S.C. s. 2000d, regardless of whether the provider or school 226
348	348	receives federal financial assistance. For purposes of this 227
349	349	paragraph, the term "race" as used in 42 U.S.C. s. 2000d is 228
350	350	inclusive of traits historically associated with race, 229
351	351	including, but not limited to, hair texture, hair type, and 230
352	352	protective hairstyles. The term "protective hairstyles" 231
353	353	includes, but is not limited to, afros, braids, locks, or 232
354	354	twists. A private prekindergarte n provider or public school may 233
355	355	not discriminate against a parent or child, including the 234
356	356	refusal to admit a child for enrollment in the Voluntary 235
357	357	Prekindergarten Education Program, in violation of these 236
358	358	antidiscrimination requirements. 237
359	359	Section 7. Paragraph (c) of subsection (3) of section 238
360	360	1003.42, Florida Statutes, is amended to read: 239
361	361	1003.42 Required instruction. — 240
362	362	(3) The Legislature acknowledges the fundamental truth 241
363	363	that all persons are equal before the law and have inalienable 242
364	364	rights. Accordingly, instruction and supporting materials on the 243
365	365	topics enumerated in this section must be consistent with the 244
366	366	following principles of individual freedom: 245
367	367	(c) No person should be discriminated against or receive 246
368	368	adverse treatment solely or partly on the b asis of race, 247
369	369	protected hairstyle, color, national origin, religion, 248
370	370	disability, or sex. For purposes of this paragraph, the term 249
371	371	"protected hairstyle" means hair characteristics historically 250
372	372
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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382	382
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384	384	associated with race, such as hair texture and styles, 251
385	385	including, but not limited to, afros, braids, locks, or twists. 252
386	386	253
387	387	Instructional personnel may facilitate discussions and use 254
388	388	curricula to address, in an age -appropriate manner, how the 255
389	389	freedoms of persons have been infringed by sexism, slavery, 256
390	390	racial oppression, ra cial segregation, and racial 257
391	391	discrimination, including topics relating to the enactment and 258
392	392	enforcement of laws resulting in sexism, racial oppression, 259
393	393	racial segregation, and racial discrimination, including how 260
394	394	recognition of these freedoms have overturn ed these unjust laws. 261
395	395	However, classroom instruction and curriculum may not be used to 262
396	396	indoctrinate or persuade students to a particular point of view 263
397	397	inconsistent with the principles of this subsection or state 264
398	398	academic standards. 265
399	399	Section 8. Paragraph (b) of subsection (5) of section 266
400	400	1004.935, Florida Statutes, is amended to read: 267
401	401	1004.935 Adults with Disabilities Workforce Education 268
402	402	Program.— 269
403	403	(5) A private school that participates in the program may 270
404	404	be sectarian or nonsectarian and must: 271
405	405	(b) Comply with the antidiscrimination provisions of 42 272
406	406	U.S.C. s. 2000d. For purposes of this paragraph, the term "race" 273
407	407	as used in 42 U.S.C. s. 2000d is inclusive of traits 274
408	408	historically associated with race, including, but not limited 275
409	409
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421	421	to, hair texture, hair type , and protective hairstyles. The term 276
422	422	"protective hairstyles" includes, but is not limited to, afros, 277
423	423	braids, locks, or twists. 278
424	424	279
425	425	The inability of a private school to meet the requirements of 280
426	426	this subsection constitutes a basis for the ineligibility of the 281
427	427	private school to participate in the program. 282
428	428	Section 9. This act shall take effect July 1, 2024. 283