Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0800 Compare Versions

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2-SENATE BILL 934
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54 HOUSE BILL 800
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1312 AN ACT to amend Tennessee Code Annotated, Title 49,
1413 relative to discrimination in educational institutions.
1514
1615 WHEREAS, a historic rise in antisemitic violence, harassment, and discrimination has
1716 occurred at K-12 schools, colleges, and universities across the United States, targeting Jewish
1817 students; and
1918 WHEREAS, on April 2024, the Director of the Federal Bureau of Investigation found that
2019 the number of FBI investigations into antisemitic hate crimes tripled in the months after October
2120 7, 2023; and
2221 WHEREAS, according to a recent Gallup Poll, eighty-one percent of Americans now see
2322 antisemitism as either a very or somewhat serious problem, up from fifty-seven percent two
2423 decades ago; and
2524 WHEREAS, acts of antisemitism on our campuses undermine the educational and social
2625 fabric of our institutions; and
2726 WHEREAS, promoting understanding, tolerance, and respect for all students and faculty
2827 is imperative; now, therefore,
2928 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENN ESSEE:
3029 SECTION 1. Tennessee Code Annotated, Title 49, Chapter 50, is amended by adding
3130 the following as a new part:
3231 49-50-1801.
3332 (a) Discrimination on the basis of race, ethnicity, national origin, sex, disability,
3433 religion, or marital status against a student or an employee in a public institution of
3534 education is prohibited. A person in this state must not, on the basis of race, ethnicity,
35+national origin, gender, disability, religion, or marital status be excluded from
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40-national origin, gender, disability, religion, or marital status be excluded from
4140 participation in, be denied the benefits of, or be subjected to discrimination under any
4241 public education program or activity, or in any employment conditions or practices,
4342 conducted by a public institution of education that receives or benefits from federal or
4443 state financial assistance. As used in this part, "public institution of education" means
4544 local education agencies, public charter schools, and public institutions of higher
4645 education.
4746 (b) The criteria for admission to a program or course must not have the effect of
4847 restricting access by persons of a particular race, ethnicity, national origin, disability,
4948 religion, or marital status.
5049 (c) All public education classes must be available to students without regard to
5150 the student's race, ethnicity, national origin, sex, disability, religion, or marital status.
5251 This subsection (c) is not intended to eliminate the provision of programs designed to
5352 meet the needs of students with limited proficiency in English, gifted students, or
5453 students with disabilities or programs tailored to students with specialized talents or
5554 skills.
5655 (d) Guidance services, counseling services, and financial assistance services in
5756 the state public education system are available to all students equally and provided in
5857 the same manner, regardless of race, ethnicity, national origin, sex, disability, religion, or
5958 marital status.
6059 (e) All education programs, activities, and opportunities offered by public
6160 institutions of education must be made available without discrimination on the basis of
6261 race, ethnicity, national origin, sex, disability, religion, or marital status.
6362 49-50-1802.
63+ (a) A public institution of education must treat harassment or discrimination
64+against students or employees, or resulting from institutional policies or programs on
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68- (a) A public institution of education must treat harassment or discrimination
69-against students or employees, or resulting from institutional policies or programs on
7069 their campuses, motivated by or including antisemitic intent in an identical manner to
7170 discrimination motivated by race.
7271 (b) As used in this section, "antisemitism" has the same meaning as defined by
7372 the International Holocaust Remembrance Alliance's (IHRA) Working Definition of
7473 Antisemitism, including its contemporary examples, as it was adopted on May 26, 2016.
7574 (c) All public institutions of education shall integrate the definition of antisemitism
7675 into their student, faculty, and employee codes of conduct. Additionally, prohibited
7776 conduct as it relates specifically to antisemitism must be incorporated and include
7877 harassment and discrimination against Jews in compliance with Title VI of the Civil
7978 Rights Act of 1964 (42 U.S.C. § 2000d et seq.) antidiscrimination regulations provided by
8079 the United States department of education and United States department of justice.
8180 (d) All public institutions of education are encouraged to incorporate
8281 antisemitism awareness training for all students, faculty, administrators, and campus
8382 police, as well as to integrate Jewish American Heritage curricula for students that
8483 incorporates Jewish experiences in America pre- and post-revolution, pre- and post-
8584 WWII and the Holocaust, and in modern times.
8685 49-50-1803.
8786 (a) The department of education shall designate a "Title VI coordinator"
8887 dedicated to monitoring antisemitic discrimination and harassment at public kindergarten
8988 through grade twelve (K-12) schools. Each governing board of a public institution of
9089 higher education shall designate a "Title VI coordinator" dedicated to monitoring
9190 antisemitic discrimination and harassment at the public institution of higher education.
91+All public institutions of education shall formally report incidents and complaints of
92+antisemitic discrimination and harassment to their respective Title VI coordinator.
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96-All public institutions of education shall formally report incidents and complaints of
97-antisemitic discrimination and harassment to their respective Title VI coordinator.
9897 (b) The Title VI coordinator shall thoroughly investigate all complaints. If, after
9998 reasonable investigation, the Title VI coordinator determines that the public institution of
10099 education has engaged in, allowed, or not sufficiently prohibited antisemitic
101100 discrimination, the respective agency shall give written notice to the institution to address
102101 its concerns no later than thirty (30) days after the notice is received.
103102 (c) If the Title VI coordinator determines the public institution of education has
104103 not taken the necessary actions by the expiration of the thirty-day period, then the
105104 respective agency shall report its findings to the United States department of education
106105 and United States department of justice by making a complaint under Title VI of the Civil
107106 Rights Act of 1964 (42 U.S.C. § 2000d et seq.).
108107 (d) Each Title VI coordinator shall, no later than June 30 of each year, issue an
109108 annual report on antisemitism to the general assembly.
110109 49-50-1804.
111110 (a) Criticism of Israel that is similar to criticism toward any other country is not
112111 regarded as antisemitic.
113112 (b) This act does not diminish or infringe upon any right protected under the First
114113 Amendment to the United States Constitution or the Tennessee Constitution.
115114 (c) This act must not conflict with federal or state discrimination laws.
116115 SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.