Antisemitism; prohibit in state public educational institutions.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Yancey

HOUSE BILL NO. 480

AN ACT TO PROHIBIT ANTISEMITISM IN PUBLIC EDUCATIONAL 1
INSTITUTIONS; TO PROHIBIT DISCRIMINATION ON THE BASIS OF RACE, 2
ETHNICITY, NATIONAL ORIGIN, SEX, DISABILITY, RELIGION OR MARITAL 3
STATUS AGAINST A STUDENT OR AN EMPLOYEE IN PUBLIC EDUCATIONAL 4
INSTITUTIONS; TO REQUIRE PUBLIC EDUCATIONAL INSTITUTIONS TO TREAT 5
DISCRIMINATION MOTIVATED BY OR INCLUDING ANTISEMITIC INTENT IN AN 6
IDENTICAL MANNER TO DISCRIMINATION MOTIVATED BY RACE; TO PROVIDE 7
EXAMPLES OF EVIDENCE OF ANTISEMITIC INTENT; TO REQUIRE THE STATE 8
BODY OF EACH PUBLIC EDUCATIONAL INSTITUTION TO MONITOR, ASSESS, 9
INVESTIGATE AND REPORT ON THE PERFORMANCE OF THE PUBLIC 10
EDUCATIONAL INSTITUTIONS WITH REGARD TO ANTISEMITIC ACTIVITY; TO 11
REQUIRE THE STATE BODY TO ELIMINATE ANY PERFORMANCE FUNDING AND/OR 12
IMPOSE ADDITIONAL FUNDING REDUCTIONS AND PUNITIVE ACTIONS AGAINST 13
THE PUBLIC EDUCATIONAL INSTITUTION FOR FAILING TO COMPLY WITH THIS 14
ACT AFTER RECEIVING WRITTEN NOTICE FROM THE STATE BODY; TO AMEND 15
SECTION 37-191-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE 16
LAWS PROHIBITING DIVERSITY, EQUITY AND INCLUSION STATEMENTS AND 17
POLICIES MAY NOT BE CONSTRUED TO APPLY TO THE PROVISIONS OF THIS 18
ACT; TO BRING FORWARD SECTIONS 37-15-35 AND 37-28-43, MISSISSIPPI 19
CODE OF 1972, FOR THE PURPOSES OF POSSIBLE AMENDMENT; AND FOR 20
RELATED PURPOSES. 21
WHEREAS, a historic rise in antisemitic violence, harassment 22
and discrimination targeting Jewish students has occurred at K-12 23
schools, colleges and universities across the United States; and 24
WHEREAS, in April 2024, the Director of the Federal Bureau of 25
Investigation (FBI) found that the number of FBI investigations 26
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into antisemitic hate crimes tripled in the months after October 27
7, 2023; and 28
WHEREAS, according to a recent Gallup Poll, eighty-one 29
percent (81%) of Americans now see antisemitism as either a very 30
or somewhat serious problem, up from fifty-seven percent (57%) two 31
(2) decades ago; and 32
WHEREAS, acts of antisemitism on our campuses undermine the 33
educational and social fabric of our institutions; and 34
WHEREAS, promoting understanding, tolerance and respect for 35
all students and faculty is imperative; and 36
WHEREAS, the purpose of this act is to require all public 37
educational institutions to address and prohibit antisemitic 38
discrimination and actions on their campuses; NOW, THEREFORE, 39
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 40
SECTION 1. As used in this act, the following terms have the 41
meanings as defined in this section, unless the context clearly 42
indicates otherwise: 43
(a) "Antisemitism" or "antisemitic" means the 44
International Holocaust Remembrance Alliance's (IHRA) Working 45
Definition of Antisemitism, including its contemporary examples, 46
as it was adopted on May 26, 2016. 47
(b) "Public educational institution" means any public 48
elementary school, secondary school, vocational school, community 49
or junior college, or university that receives or benefits from 50
federal or state financial assistance. 51
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(c) "State body" means: 52
(i) The State Department of Education with regard 53
to public elementary schools, secondary schools, and vocational 54
schools; 55
(ii) The Mississippi Community College Board with 56
regard to public community and junior colleges; or 57
(iii) The Board of Trustees of State Institutions 58
of Higher Learning with regard to public universities. 59
SECTION 2. (1) Discrimination on the basis of race, 60
ethnicity, national origin, sex, disability, religion or marital 61
status against a student or an employee in public educational 62
institutions is prohibited. No person in this state shall, on the 63
basis of race, ethnicity, national origin, sex, disability, 64
religion or marital status, be excluded from participation in, 65
denied the benefits of, or subjected to discrimination under any 66
public education program or activity, or in any employment 67
conditions or practices, conducted by a public educational 68
institution. 69
(2) The criteria for admission to a program or course shall 70
not have the effect of restricting access by persons of a 71
particular race, ethnicity, national origin, sex, disability, 72
religion or marital status. 73
(3) All public educational institution classes shall be 74
available to all students without regard to race, ethnicity, 75
national origin, sex, disability, religion or marital status; 76
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however, this subsection shall not be construed to eliminate 77
programs designed to meet the needs of students with limited 78
proficiency in English, gifted students, or students with 79
disabilities or programs tailored to students with specialized 80
talents or skills. 81
(4) Guidance services, counseling services, and financial 82
assistance services in public educational institutions shall be 83
available to all students equally and provided in the same manner, 84
regardless of race, ethnicity, national origin, sex, disability, 85
religion or marital status. 86
(5) All education programs, activities and opportunities 87
offered by public educational institutions must be made available 88
without discrimination on the basis of race, ethnicity, national 89
origin, sex, disability, religion or marital status. 90
SECTION 3. (1) A public educational institution must treat 91
harassment or discrimination by students or employees or resulting 92
from institutional policies or programs on their campuses 93
motivated by or including antisemitic intent in an identical 94
manner to discrimination motivated by race. 95
(2) Evidence of antisemitic intent includes, but is not 96
limited to: 97
(a) Encouraging, supporting, praising, participating in 98
or threatening violence, or vandalism against Jews or Jewish 99
property; 100
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(b) Praising designated terrorist groups such as Hamas, 101
or any group or individual calling for the genocide or killing of 102
Jews; 103
(c) Wearing a mask to conceal one's identity with the 104
intent to demonstrate in general, including, but not limited to, 105
harassing or discriminating against Jewish and/or other students, 106
faculty and employees on school property; 107
(d) Participating in or supporting the Boycott, 108
Divestment or Sanctions (BDS) of Israeli companies, institutions 109
or individuals, including by any public educational institution 110
endowment; 111
(e) Allowing or participating in antisemitic events, 112
such as "Apartheid" Week, encampments, lock-ins, walk-outs or 113
similar demonstrations on school property, when such events 114
intimidate, harass or otherwise violate the protections provided 115
for Jewish students under Title VI of the Civil Rights Act of 116
1964. Students who participate in such events and miss class as a 117
result shall receive unexcused absences and failure grades for any 118
assignments or examinations taking place on the dates of 119
participation; or 120
(f) Incorporating or allowing funding of antisemitic 121
curriculum or activity in any domestic or study abroad programs or 122
classes. 123
(3) All public educational institutions shall integrate the 124
definition of antisemitism into their student, faculty and 125
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employee codes of conduct with penalties for violations identical 126
to those imposed for conduct involving racism and prohibit such 127
conduct at or by their institutions. Additionally, prohibited 128
conduct as it relates specifically to antisemitism must be 129
incorporated and include harassing conduct and discrimination 130
against Jews. 131
(4) All public educational institutions are encouraged to 132
incorporate antisemitism awareness training for all students, 133
faculty, administrators and campus police, as well as Jewish 134
American Heritage curriculum for students that incorporates Jewish 135
experiences in America pre- and post-revolution, pre- and 136
post-World War II and the Holocaust, and in modern times. 137
SECTION 4. (1) The state body of each public educational 138
institution shall monitor, assess, investigate and report on the 139
performance of the public educational institutions under the state 140
body's purview with regard to antisemitic activity. If the state 141
body, after reasonable investigation, determines that the public 142
educational institution has engaged in, allowed or not 143
sufficiently disciplined prohibited antisemitic activity, the 144
state body shall provide written notice to the public educational 145
institution to address its concerns no later than thirty (30) days 146
after the notice is received. 147
(2) If the state body determines that the public educational 148
institution has not taken the necessary actions by the expiration 149
of the thirty-day period, the state body shall eliminate any 150
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performance funding and/or impose additional funding reductions 151
and punitive actions against the public educational institution 152
for failing to comply with this act. 153
SECTION 5. (1) Criticism of Israel that is similar to 154
criticism toward any other country may not be regarded as 155
antisemitic. 156
(2) Nothing in this act shall be construed to diminish or 157
infringe upon any right protected under the First Amendment to the 158
United States Constitution or the Mississippi Constitution. 159
(3) Nothing in this act shall be construed to conflict with 160
federal or state discrimination laws. 161
SECTION 6. Section 37-191-9, Mississippi Code of 1972, is 162
amended as follows: 163
37-191-9. This chapter may not be construed to apply to 164
and/or prohibit: 165
(a) Programs for Military Veterans, students with 166
disabilities or students presently or formerly under a child 167
protective services order; 168
(b) Scholarly research or a creative work by students, 169
faculty, employee or staff at an institution, college or public 170
school or the dissemination of that work; 171
(c) An activity of a registered student organization, 172
guest speaker or performer at an institution, college or public 173
school as long as state funds are not used; 174
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(d) A policy to limit or restrict freedom of speech 175
pursuant to the First Amendment of the United States Constitution 176
or Section 13 of the Mississippi Constitution or academic course 177
instruction that undermines the duty of a public school, or public 178
postsecondary educational institution to protect academic course 179
instruction, intellectual diversity and true expression provided 180
that none of these protected tenets conflict with this chapter; 181
(e) Data collection or reporting of demographic data by 182
a public school or public postsecondary educational institution; 183
(f) Student recruitment; 184
(g) Programs, campus activities or certifications for 185
compliance with state and federal laws or applicable court order; 186
(h) An institution, college or public school from 187
requiring or taking action against a student, employee, faculty, 188
staff or contractor for failing to comply with federal or state 189
law; 190
(i) Discussing pathological approaches or experience 191
with students with mental or physical disabilities; * * * 192
(j) Prohibit a public school or public postsecondary 193
education institution from complying with any applicable academic 194
accreditation standards or requirements; or 195
(k) Any provision of Sections 1 through 5 of this act. 196
SECTION 7. Section 37-15-35, Mississippi Code of 1972, is 197
brought forward as follows: 198
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37-15-35. No person shall be assigned to or by, or 199
restricted from or to, any group, area, school, institution or 200
other political subdivision of the State of Mississippi on the 201
account of race, color, or national origin. There shall be no 202
governmentally enforced segregation by race, color or national 203
origin and there shall be no governmentally enforced integration 204
by reason of race, color or national origin. 205
SECTION 8. Section 37-28-43, Mississippi Code of 1972, is 206
brought forward as follows: 207
37-28-43. (1) A charter school may not discriminate against 208
any person on the basis of race, creed, color, sex, disability, 209
national origin or any other category that would be unlawful if 210
done by a noncharter public school. 211
(2) A charter school may not engage in any sectarian 212
practices in its educational program, admissions or employment 213
policies or operations. 214
(3) A charter school may not discriminate against any 215
student on the basis of national origin, minority status or 216
limited proficiency in English. Consistent with federal civil 217
rights laws, charter schools must provide limited English 218
proficient students with appropriate services designed to teach 219
them English and the general curriculum. 220
(4) A charter school may not charge tuition. 221
(5) The terms of each charter school must include a 222
transportation plan for students attending the charter school. 223
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ST: Antisemitism; prohibit in state public
educational institutions.
(6) Subject to the approval of the authorizer, a charter 224
school may contract with an accredited online course provider for 225
the delivery of virtual courses to students enrolled in the 226
charter school. 227
(7) Except to the extent authorized under paragraph (c) of 228
Section 37-28-41, the powers, obligations and responsibilities set 229
forth in the charter contract may not be delegated or assigned by 230
either party. 231
SECTION 9. This act shall take effect and be in force from 232
and after July 1, 2026. 233