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

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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

Policy

Be it enacted by the legislature of this state:

Section 1.

The relevant statute that prohibits discrimination in this state’s K-20 public education system shall include the following:

(A) Discrimination on the basis of race, ethnicity, national origin, gender, 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, gender, 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, gender, disability, religion, or marital status; however, this 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 students equally. Guidance and counseling services, materials, and promotional events shall stress access to race, ethnicity, national origin, gender, 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, gender, disability, religion, or marital status.

Section 2.

(A) A public K-20 educational institution must treat discrimination by students or employees or resulting from institutional policies motivated by anti-Semitic intent in an identical manner to discrimination motivated by race. For purposes of this section, the term “anti-Semitism: includes a certain perception of the Jewish people, which may be expressed as hatred toward Jewish people, rhetorical and physical manifestations of anti-Semitism directed toward a person, his or her property, or toward Jewish community institutions or religious facilities.

(B) The Working Definition of Anti-Semitism adopted by the International Holocaust Alliance (IHRA) that contains contemporary examples of anti-Semitism may also be used to identify anti-Semitism.

(C) Criticism of Israel that is similar to criticism toward any other country may not be regarded as anti-Semitic.

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

Section 3.

This Act shall take effect upon becoming law.