SB 1209

This bill provides the following with regard to discrimination i n local education agencies, public charter schools, and public institutions of higher education ("public institutions of education""):  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, 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.  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.  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. However, this provision 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.  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.  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.  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.  All public institutions of education must 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 antidiscrimination regulations provided by the United States department of education and United States department of justice. As used in this bill, ""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.  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. TITLE VI COORDINATORS This bill requires the department of education to designate a ""Title VI coordinator"" dedicated to monitoring antisemitic discrimination and harassment at public K-12 schools. Each governing board of a public institution of higher education must designate a ""Title VI coordinator"" dedicated to monitoring antisemitic discrimination and harassment at the public institution of higher education. All public institutions of education must formally report incidents and complaints of antisemitic discrimination and harassment to their respective Title VI coordinator. This bill requires the Title VI coordinator to thoroughly investigate all complaints. If, after reasonable investigation, the Title VI coordinator determines that the public institution of education h as engaged in, allowed, or not sufficiently prohibited antisemitic discrimination, the respective agency must give written notice to the institution to address its concerns no later than 30 days after the notice is received. If the Title VI coordinator d e termines the public institution of education has not taken the necessary actions by the expiration of the 30-day period, then the respective agency must report its findings to the United States department of education and United States department of justi c e by making a complaint under Title VI of the Civil Rights Act of 1964. Additionally, each Title VI coordinator must, no later than June 30 of each year, issue an annual report on antisemitism to the general assembly. APPLICABILITY This bill clarifies that (i) criticism of Israel that is similar to criticism toward any other country is not regarded as antisemitic, (ii) this bill does not diminish or infringe upon any right protected under the First Amendment to the United States Constitution or the Ten n essee Constitution, and (ii) this bill must not conflict with federal or state discrimination laws. ON APRIL 7, 2025, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1188, AS AMENDED. AMENDMENT #1 makes the following changes and additions to this bill: (1) Removes disability as a class for purposes of this bill; (2) Specifies that a public institution of education is prohibited from discriminat ing against a person on the basis of race, ethnicity, national origin, sex, or religion by: ( A ) Exc luding the person from participating in a program offered by the public institution of education; ( B ) Denying the person the benefits of participating in a program offered by the public institution of education; ( C ) Subjecting the person participating in a program offered by the public institution of education to discrimination; ( D ) Denying the person any employment benefit; or ( E ) Subjecting the person to an employment condition or practice based solely on the person's race, ethnicity, national ori gin, sex, or religion ; ( 3 ) Adds that a public institution of education is prohibited from us ing criteria for admission to a school (as well as a program or course) that has the effect of restricting access for persons of a particular race, ethnicity, national origin, or religion ; (4) Replaces this bill's requirement that public institutions of education treat antisemitic-based harassment or discrimination the same as race-based harassment or discrimination with requirement that a p ublic institution o f education prohibit antisemitic harassment or discrimination against students and employees in the same manner as the public institution of education applies to any other form of discrimination prohibited under Title VI of the Civil Rights Act of 1964 ; ( 5) Adds a requirement that public institutions of education place reasonable time, place, and manner restrictions on speech to ensure order and protect the rights of all students ; (6) Specifies that the department of education must designate the Title V I coordinator for K-12 schools by July 1, 2025; (7) Changes the requirement that, upon determining that public institution of education has engaged in, allowed, or not sufficiently prohibited antisemitic discrimination, the Title VI coordinator give writ ten notice to the institution to address its concerns within 30 days, after which time (if the institution does not take necessary actions) a Title VI complaint must be filed with the federal department of justice. Under this amendment, the Title VI coord inator will give written notice institution to take the necessary actions to address the prohibited antisemitic discrimination, and, if such actions are not taken within 60 days of the notice, the Title VI coordinator must report their findings to the atto rney general and reporter ; (8) Encourages t he general assembly to conduct hearings or investigations, as deemed necessary, to assess whether a public institution of education has adequately addressed antisemitic discrimination ; and (9) Makes technical clarifications to this bill."