Act to Prohibit Anti-Semitism in State K-20 Educational Institutions

Summary

This model policy is intended to ensure that anti-Semitism is specifically prohibited in this state’s K-20 public education system.

Act to Prohibit Anti-Semitism in State K-20 Educational Institutions

Preamble

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;

WHEREAS, in April 2024, the Director of the Federal Bureau of Investigation (FBI) found that the number of FBI investigations into antisemitic hate crimes tripled in the months after October 7, 2023;

WHEREAS, according to a recent Gallup Poll, 81% of Americans now see antisemitism as either a very or somewhat serious problem, up from 57% two decades ago;

WHEREAS, acts of antisemitism on our campuses undermine the educational and social fabric of our institutions;

WHEREAS, promoting understanding, tolerance, and respect for all students and faculty is imperative.

Purpose

To require all K-20 public educational institutions to address and prohibit antisemitic discrimination and actions on their campuses.

Policy

NOW, THEREFORE, be it enacted by the legislature of this state:

Section 1.

[Insert reference to statute that prohibiting discrimination in state educational institutions] shall include the following:

(A) Discrimination on the basis of race, ethnicity, national origin, sex, disability, religion, or marital status against a student or an employee in the state system of public K-20 education is prohibited. No person in this state shall, on the basis of race, ethnicity, 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 K-20 education program or activity, or in any employment conditions or practices, conducted by a public educational institution that receives or benefits from federal or state financial assistance.

(B) The criteria for admission to a program or course shall not have the effect of restricting access by persons of a particular race, ethnicity, national origin, disability, religion, or marital status.

(C) All public K-20 education classes shall be available to all students without regard to race, ethnicity, national origin, sex, disability, religion, or marital status; however, this subsection 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 K-20 education system shall be 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 educational institutions must be made available without discrimination on the basis of race, ethnicity, national origin, sex, disability, religion, or marital status.

Section 2.

(A) A public K-20 educational institution must treat harassment or discrimination by 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) For purposes of this section, the term “Antisemitism (Antisemitic)” is 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) Evidence of antisemitic intent shall include, but not be limited to:

A. Encouraging, supporting, praising, participating in or threatening violence, or vandalism against Jews or Jewish property;
B. Praising designated terrorist groups such as Hamas, or any group or individual calling for the genocide or killing of Jews;
C. Wearing of masks to conceal one’s identity with the intent to demonstrate in general, including but not limited to harassing or discriminating against Jewish and/or other students, faculty, and employees on school property;
D. Participating in or supporting the Boycott, Divestment, or Sanctions (BDS) of Israeli companies, institutions, or individuals, including by any K-20 endowment;
E. Allowing or participating in antisemitic events, such as “Apartheid” Week, encampments, lock-ins, walk-outs, or similar demonstrations on school property when such events intimidate, harass, or otherwise violate Title VI protections provided for Jewish students. Students who participate in such events and miss class as a result shall receive unexcused absences and failure grades for any assignments or examinations taking place on such dates of participation; or
F. Incorporating or allowing funding of antisemitic curriculum or activity in any domestic or study abroad programs or classes.

(D) All public K-20 educational institutions shall integrate the definition of antisemitism into their student, faculty, and employee codes of conduct with penalties for violation identical to racism and prohibit such conduct at or by their institutions. Additionally, prohibited conduct as it relates specifically to antisemitism shall be incorporated and include harassing conduct and discrimination against Jews.

(E) All K-20 institutions are encouraged to incorporate antisemitism awareness training for all students, faculty, administrators, and campus police as well as Jewish American Heritage curriculum for students that incorporates Jewish experiences in America pre- and post-revolution, pre- and post-WWII and the Holocaust, and in modern times.

Section 3.

(A) The State Legislature shall establish a committee or appoint a State agency (“State Body”) to monitor, assess, and report on the performance of K-20 institutions with antisemitic activity. If the (“State Body”), after reasonable investigation, determines that the educational institution has engaged in, allowed, or not sufficiently disciplined prohibited antisemitic activity, the State Body shall give written notice to the institution
to address its concerns no later than 30 days after the notice is received.

(B) If the State Body determines the institution has not taken the necessary actions by the expiration of the 30-day period, the State Body will eliminate any performance funding and/or impose additional funding reductions and punitive actions against the institution for failing to comply with this Act.

Section 4.

A. Criticism of Israel that is similar to criticism toward any other country may not be regarded as antisemitic.

B. Nothing in this Act shall be construed to diminish or infringe upon any right protected under the First Amendment to the United States Constitution, or the State Constitution.

C. Nothing in this Act shall be construed to conflict with federal or state discrimination laws.

Section 5.

This Act shall take effect upon becoming law.