SENATE BILL 1209
By Rose
HOUSE BILL 1188
By Grills
HB1188
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AN ACT to amend Tennessee Code Annotated, Title 49,
relative to discrimination in educational institutions.
WHEREAS, a historic rise in antisemitic violence, harassment, and discrimination has
occurred at K-12 schools, colleges, and universities across the United States, targeting Jewish
students; and
WHEREAS, on April 2024, the Director of the Federal Bureau of Investigation found that
the number of FBI investigations into antisemitic hate crimes tripled in the months after October
7, 2023; and
WHEREAS, according to a recent Gallup Poll, eighty-one percent of Americans now see
antisemitism as either a very or somewhat serious problem, up from fifty-seven percent two
decades ago; and
WHEREAS, acts of antisemitism on our campuses undermine the educational and social
fabric of our institutions; and
WHEREAS, promoting understanding, tolerance, and respect for all students and faculty
is imperative; now, therefore,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENN ESSEE:
SECTION 1. Tennessee Code Annotated, Title 49, Chapter 50, is amended by adding
the following as a new part:
49-50-1801.
(a) Discrimination on the basis of race, ethnicity, national origin, sex, disability,
religion, or marital status against a student or an employee in a public institution of
education is prohibited. A person in this state must not, on the basis of race, ethnicity,
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national origin, gender, disability, religion, or marital status be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
public education program or activity, or in any employment conditions or practices,
conducted by a public institution of education that receives or benefits from federal or
state financial assistance. As used in this part, "public institution of education" means
local education agencies, public charter schools, and public institutions of higher
education.
(b) The criteria for admission to a program or course must not have the effect of
restricting access by persons of a particular race, ethnicity, national origin, disability,
religion, or marital status.
(c) All public education classes must be available to students without regard to
the student's race, ethnicity, national origin, sex, disability, religion, or marital status.
This subsection (c) is not intended to eliminate the provision of programs designed to
meet the needs of students with limited proficiency in English, gifted students, or
students with disabilities or programs tailored to students with specialized talents or
skills.
(d) Guidance services, counseling services, and financial assistance services in
the state public education system are available to all students equally and provided in
the same manner, regardless of race, ethnicity, national origin, sex, disability, religion, or
marital status.
(e) All education programs, activities, and opportunities offered by public
institutions of education must be made available without discrimination on the basis of
race, ethnicity, national origin, sex, disability, religion, or marital status.
49-50-1802.
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(a) A public institution of education must treat harassment or discrimination
against students or employees, or resulting from institutional policies or programs on
their campuses, motivated by or including antisemitic intent in an identical manner to
discrimination motivated by race.
(b) As used in this section, "antisemitism" has the same meaning as defined by
the International Holocaust Remembrance Alliance's (IHRA) Working Definition of
Antisemitism, including its contemporary examples, as it was adopted on May 26, 2016.
(c) All public institutions of education shall integrate the definition of antisemitism
into their student, faculty, and employee codes of conduct. Additionally, prohibited
conduct as it relates specifically to antisemitism must be incorporated and include
harassment and discrimination against Jews in compliance with Title VI of the Civil
Rights Act of 1964 (42 U.S.C. § 2000d et seq.) antidiscrimination regulations provided by
the United States department of education and United States department of justice.
(d) All public institutions of education are encouraged to incorporate
antisemitism awareness training for all students, faculty, administrators, and campus
police, as well as to integrate Jewish American Heritage curricula for students that
incorporates Jewish experiences in America pre- and post-revolution, pre- and post-
WWII and the Holocaust, and in modern times.
49-50-1803.
(a) The department of education shall designate a "Title VI coordinator"
dedicated to monitoring antisemitic discrimination and harassment at public kindergarten
through grade twelve (K-12) schools. Each governing board of a public institution of
higher education shall designate a "Title VI coordinator" dedicated to monitoring
antisemitic discrimination and harassment at the public institution of higher education.
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All public institutions of education shall formally report incidents and complaints of
antisemitic discrimination and harassment to their respective Title VI coordinator.
(b) The Title VI coordinator shall thoroughly investigate all complaints. If, after
reasonable investigation, the Title VI coordinator determines that the public institution of
education has engaged in, allowed, or not sufficiently prohibited antisemitic
discrimination, the respective agency shall give written notice to the institution to address
its concerns no later than thirty (30) days after the notice is received.
(c) If the Title VI coordinator determines the public institution of education has
not taken the necessary actions by the expiration of the thirty-day period, then the
respective agency shall report its findings to the United States department of education
and United States department of justice by making a complaint under Title VI of the Civil
Rights Act of 1964 (42 U.S.C. § 2000d et seq.).
(d) Each Title VI coordinator shall, no later than June 30 of each year, issue an
annual report on antisemitism to the general assembly.
49-50-1804.
(a) Criticism of Israel that is similar to criticism toward any other country is not
regarded as antisemitic.
(b) This act does not diminish or infringe upon any right protected under the First
Amendment to the United States Constitution or the Tennessee Constitution.
(c) This act must not conflict with federal or state discrimination laws.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.