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