1 | 1 | | |
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2 | 2 | | HOUSE BILL 800 |
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3 | 3 | | By Grills |
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4 | 4 | | |
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5 | 5 | | SENATE BILL 934 |
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6 | 6 | | By Rose |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | SB0934 |
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10 | 10 | | 002543 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 49, |
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14 | 14 | | relative to discrimination in educational institutions. |
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15 | 15 | | |
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16 | 16 | | WHEREAS, a historic rise in antisemitic violence, harassment, and discrimination has |
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17 | 17 | | occurred at K-12 schools, colleges, and universities across the United States, targeting Jewish |
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18 | 18 | | students; and |
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19 | 19 | | WHEREAS, on April 2024, the Director of the Federal Bureau of Investigation found that |
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20 | 20 | | the number of FBI investigations into antisemitic hate crimes tripled in the months after October |
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21 | 21 | | 7, 2023; and |
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22 | 22 | | WHEREAS, according to a recent Gallup Poll, eighty-one percent of Americans now see |
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23 | 23 | | antisemitism as either a very or somewhat serious problem, up from fifty-seven percent two |
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24 | 24 | | decades ago; and |
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25 | 25 | | WHEREAS, acts of antisemitism on our campuses undermine the educational and social |
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26 | 26 | | fabric of our institutions; and |
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27 | 27 | | WHEREAS, promoting understanding, tolerance, and respect for all students and faculty |
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28 | 28 | | is imperative; now, therefore, |
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29 | 29 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENN ESSEE: |
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30 | 30 | | SECTION 1. Tennessee Code Annotated, Title 49, Chapter 50, is amended by adding |
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31 | 31 | | the following as a new part: |
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32 | 32 | | 49-50-1801. |
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33 | 33 | | (a) Discrimination on the basis of race, ethnicity, national origin, sex, disability, |
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34 | 34 | | religion, or marital status against a student or an employee in a public institution of |
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35 | 35 | | education is prohibited. A person in this state must not, on the basis of race, ethnicity, |
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36 | 36 | | |
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37 | 37 | | |
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38 | 38 | | - 2 - 002543 |
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39 | 39 | | |
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40 | 40 | | national origin, gender, disability, religion, or marital status be excluded from |
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41 | 41 | | participation in, be denied the benefits of, or be subjected to discrimination under any |
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42 | 42 | | public education program or activity, or in any employment conditions or practices, |
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43 | 43 | | conducted by a public institution of education that receives or benefits from federal or |
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44 | 44 | | state financial assistance. As used in this part, "public institution of education" means |
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45 | 45 | | local education agencies, public charter schools, and public institutions of higher |
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46 | 46 | | education. |
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47 | 47 | | (b) The criteria for admission to a program or course must not have the effect of |
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48 | 48 | | restricting access by persons of a particular race, ethnicity, national origin, disability, |
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49 | 49 | | religion, or marital status. |
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50 | 50 | | (c) All public education classes must be available to students without regard to |
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51 | 51 | | the student's race, ethnicity, national origin, sex, disability, religion, or marital status. |
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52 | 52 | | This subsection (c) is not intended to eliminate the provision of programs designed to |
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53 | 53 | | meet the needs of students with limited proficiency in English, gifted students, or |
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54 | 54 | | students with disabilities or programs tailored to students with specialized talents or |
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55 | 55 | | skills. |
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56 | 56 | | (d) Guidance services, counseling services, and financial assistance services in |
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57 | 57 | | the state public education system are available to all students equally and provided in |
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58 | 58 | | the same manner, regardless of race, ethnicity, national origin, sex, disability, religion, or |
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59 | 59 | | marital status. |
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60 | 60 | | (e) All education programs, activities, and opportunities offered by public |
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61 | 61 | | institutions of education must be made available without discrimination on the basis of |
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62 | 62 | | race, ethnicity, national origin, sex, disability, religion, or marital status. |
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63 | 63 | | 49-50-1802. |
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64 | 64 | | |
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65 | 65 | | |
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66 | 66 | | - 3 - 002543 |
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67 | 67 | | |
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68 | 68 | | (a) A public institution of education must treat harassment or discrimination |
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69 | 69 | | against students or employees, or resulting from institutional policies or programs on |
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70 | 70 | | their campuses, motivated by or including antisemitic intent in an identical manner to |
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71 | 71 | | discrimination motivated by race. |
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72 | 72 | | (b) As used in this section, "antisemitism" has the same meaning as defined by |
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73 | 73 | | the International Holocaust Remembrance Alliance's (IHRA) Working Definition of |
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74 | 74 | | Antisemitism, including its contemporary examples, as it was adopted on May 26, 2016. |
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75 | 75 | | (c) All public institutions of education shall integrate the definition of antisemitism |
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76 | 76 | | into their student, faculty, and employee codes of conduct. Additionally, prohibited |
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77 | 77 | | conduct as it relates specifically to antisemitism must be incorporated and include |
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78 | 78 | | harassment and discrimination against Jews in compliance with Title VI of the Civil |
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79 | 79 | | Rights Act of 1964 (42 U.S.C. § 2000d et seq.) antidiscrimination regulations provided by |
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80 | 80 | | the United States department of education and United States department of justice. |
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81 | 81 | | (d) All public institutions of education are encouraged to incorporate |
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82 | 82 | | antisemitism awareness training for all students, faculty, administrators, and campus |
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83 | 83 | | police, as well as to integrate Jewish American Heritage curricula for students that |
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84 | 84 | | incorporates Jewish experiences in America pre- and post-revolution, pre- and post- |
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85 | 85 | | WWII and the Holocaust, and in modern times. |
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86 | 86 | | 49-50-1803. |
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87 | 87 | | (a) The department of education shall designate a "Title VI coordinator" |
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88 | 88 | | dedicated to monitoring antisemitic discrimination and harassment at public kindergarten |
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89 | 89 | | through grade twelve (K-12) schools. Each governing board of a public institution of |
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90 | 90 | | higher education shall designate a "Title VI coordinator" dedicated to monitoring |
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91 | 91 | | antisemitic discrimination and harassment at the public institution of higher education. |
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92 | 92 | | |
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93 | 93 | | |
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94 | 94 | | - 4 - 002543 |
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95 | 95 | | |
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96 | 96 | | All public institutions of education shall formally report incidents and complaints of |
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97 | 97 | | antisemitic discrimination and harassment to their respective Title VI coordinator. |
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98 | 98 | | (b) The Title VI coordinator shall thoroughly investigate all complaints. If, after |
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99 | 99 | | reasonable investigation, the Title VI coordinator determines that the public institution of |
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100 | 100 | | education has engaged in, allowed, or not sufficiently prohibited antisemitic |
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101 | 101 | | discrimination, the respective agency shall give written notice to the institution to address |
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102 | 102 | | its concerns no later than thirty (30) days after the notice is received. |
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103 | 103 | | (c) If the Title VI coordinator determines the public institution of education has |
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104 | 104 | | not taken the necessary actions by the expiration of the thirty-day period, then the |
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105 | 105 | | respective agency shall report its findings to the United States department of education |
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106 | 106 | | and United States department of justice by making a complaint under Title VI of the Civil |
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107 | 107 | | Rights Act of 1964 (42 U.S.C. § 2000d et seq.). |
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108 | 108 | | (d) Each Title VI coordinator shall, no later than June 30 of each year, issue an |
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109 | 109 | | annual report on antisemitism to the general assembly. |
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110 | 110 | | 49-50-1804. |
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111 | 111 | | (a) Criticism of Israel that is similar to criticism toward any other country is not |
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112 | 112 | | regarded as antisemitic. |
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113 | 113 | | (b) This act does not diminish or infringe upon any right protected under the First |
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114 | 114 | | Amendment to the United States Constitution or the Tennessee Constitution. |
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115 | 115 | | (c) This act must not conflict with federal or state discrimination laws. |
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116 | 116 | | SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it. |
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