Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0934 Compare Versions

Only one version of the bill is available at this time.
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22 HOUSE BILL 800
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55 SENATE BILL 934
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99 SB0934
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1313 AN ACT to amend Tennessee Code Annotated, Title 49,
1414 relative to discrimination in educational institutions.
1515
1616 WHEREAS, a historic rise in antisemitic violence, harassment, and discrimination has
1717 occurred at K-12 schools, colleges, and universities across the United States, targeting Jewish
1818 students; and
1919 WHEREAS, on April 2024, the Director of the Federal Bureau of Investigation found that
2020 the number of FBI investigations into antisemitic hate crimes tripled in the months after October
2121 7, 2023; and
2222 WHEREAS, according to a recent Gallup Poll, eighty-one percent of Americans now see
2323 antisemitism as either a very or somewhat serious problem, up from fifty-seven percent two
2424 decades ago; and
2525 WHEREAS, acts of antisemitism on our campuses undermine the educational and social
2626 fabric of our institutions; and
2727 WHEREAS, promoting understanding, tolerance, and respect for all students and faculty
2828 is imperative; now, therefore,
2929 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENN ESSEE:
3030 SECTION 1. Tennessee Code Annotated, Title 49, Chapter 50, is amended by adding
3131 the following as a new part:
3232 49-50-1801.
3333 (a) Discrimination on the basis of race, ethnicity, national origin, sex, disability,
3434 religion, or marital status against a student or an employee in a public institution of
3535 education is prohibited. A person in this state must not, on the basis of race, ethnicity,
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4040 national origin, gender, disability, religion, or marital status be excluded from
4141 participation in, be denied the benefits of, or be subjected to discrimination under any
4242 public education program or activity, or in any employment conditions or practices,
4343 conducted by a public institution of education that receives or benefits from federal or
4444 state financial assistance. As used in this part, "public institution of education" means
4545 local education agencies, public charter schools, and public institutions of higher
4646 education.
4747 (b) The criteria for admission to a program or course must not have the effect of
4848 restricting access by persons of a particular race, ethnicity, national origin, disability,
4949 religion, or marital status.
5050 (c) All public education classes must be available to students without regard to
5151 the student's race, ethnicity, national origin, sex, disability, religion, or marital status.
5252 This subsection (c) is not intended to eliminate the provision of programs designed to
5353 meet the needs of students with limited proficiency in English, gifted students, or
5454 students with disabilities or programs tailored to students with specialized talents or
5555 skills.
5656 (d) Guidance services, counseling services, and financial assistance services in
5757 the state public education system are available to all students equally and provided in
5858 the same manner, regardless of race, ethnicity, national origin, sex, disability, religion, or
5959 marital status.
6060 (e) All education programs, activities, and opportunities offered by public
6161 institutions of education must be made available without discrimination on the basis of
6262 race, ethnicity, national origin, sex, disability, religion, or marital status.
6363 49-50-1802.
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6868 (a) A public institution of education must treat harassment or discrimination
6969 against students or employees, or resulting from institutional policies or programs on
7070 their campuses, motivated by or including antisemitic intent in an identical manner to
7171 discrimination motivated by race.
7272 (b) As used in this section, "antisemitism" has the same meaning as defined by
7373 the International Holocaust Remembrance Alliance's (IHRA) Working Definition of
7474 Antisemitism, including its contemporary examples, as it was adopted on May 26, 2016.
7575 (c) All public institutions of education shall integrate the definition of antisemitism
7676 into their student, faculty, and employee codes of conduct. Additionally, prohibited
7777 conduct as it relates specifically to antisemitism must be incorporated and include
7878 harassment and discrimination against Jews in compliance with Title VI of the Civil
7979 Rights Act of 1964 (42 U.S.C. § 2000d et seq.) antidiscrimination regulations provided by
8080 the United States department of education and United States department of justice.
8181 (d) All public institutions of education are encouraged to incorporate
8282 antisemitism awareness training for all students, faculty, administrators, and campus
8383 police, as well as to integrate Jewish American Heritage curricula for students that
8484 incorporates Jewish experiences in America pre- and post-revolution, pre- and post-
8585 WWII and the Holocaust, and in modern times.
8686 49-50-1803.
8787 (a) The department of education shall designate a "Title VI coordinator"
8888 dedicated to monitoring antisemitic discrimination and harassment at public kindergarten
8989 through grade twelve (K-12) schools. Each governing board of a public institution of
9090 higher education shall designate a "Title VI coordinator" dedicated to monitoring
9191 antisemitic discrimination and harassment at the public institution of higher education.
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9696 All public institutions of education shall formally report incidents and complaints of
9797 antisemitic discrimination and harassment to their respective Title VI coordinator.
9898 (b) The Title VI coordinator shall thoroughly investigate all complaints. If, after
9999 reasonable investigation, the Title VI coordinator determines that the public institution of
100100 education has engaged in, allowed, or not sufficiently prohibited antisemitic
101101 discrimination, the respective agency shall give written notice to the institution to address
102102 its concerns no later than thirty (30) days after the notice is received.
103103 (c) If the Title VI coordinator determines the public institution of education has
104104 not taken the necessary actions by the expiration of the thirty-day period, then the
105105 respective agency shall report its findings to the United States department of education
106106 and United States department of justice by making a complaint under Title VI of the Civil
107107 Rights Act of 1964 (42 U.S.C. § 2000d et seq.).
108108 (d) Each Title VI coordinator shall, no later than June 30 of each year, issue an
109109 annual report on antisemitism to the general assembly.
110110 49-50-1804.
111111 (a) Criticism of Israel that is similar to criticism toward any other country is not
112112 regarded as antisemitic.
113113 (b) This act does not diminish or infringe upon any right protected under the First
114114 Amendment to the United States Constitution or the Tennessee Constitution.
115115 (c) This act must not conflict with federal or state discrimination laws.
116116 SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.