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SECOND REGULAR SESSION
HOUSE BILL NO. 2393
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE MACKEY .
5898H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapters 160 and 173, RSMo, by adding thereto four new sections relating to
prohibiting antisemitic actions that threaten students and staff at educational
institutions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 160 and 173, RSMo, are amended by adding thereto four new
2 sections, to be known as sections 160.014, 160.015, 173.001, and 173.002, to read as follows:
160.014. 1. As used in this section and section 160.015, the following terms
2 mean:
3 (1) "Antisemitism" or "antisemitic", the International Holocaust Remembrance
4 Alliance's (IHRA) W orking Definition of Antisemitism, including its contemporary
5 examples, as it was adopted on May 26, 2016, as a tool and guide for recog nizing and
6 combating antisemitism;
7 (2) "Educational institution", each public school and school district in this state.
8 2. Each educational institution shall trea t harassment of or discrimination
9 against students or employees, or harassment or discrimination r esulting from
10 institutional policies or prog rams on such educational institution's campuses, that is
11 motivated by or including antisemitism in an identical manner to discrimination
12 motivated by race.
13 3. (1) Each educational institution shall integrate the definition of antisemitism
14 in this section into such educational institution's student, faculty , and employee codes of
15 conduct and shall pro hibit such conduct at or by such educational institution if such
16 conduct creat es an atmospher e or circums tance in which individuals working at,
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 visiting, or attending the educational institution are impeded fr om their normal course
18 of work, study , or access to the educational institution and the educational institution's
19 services and facilities either by physically impeding such activity or by crea ting an
20 atmospher e of fear or intimidation.
21 (2) Pr ohibited conduct as it r elates specifically to antisemitism shall be
22 incorporated into such educational institution's student, faculty , and employee codes of
23 conduct and shall include penalties for harassment of and discrimination against Jews
24 in compliance with antidiscrimination regul ations pr omulgated under T itle VI of the
25 federal Civil Rights Act of 1964, as amended, by the United States Department of
26 Education and the United States Department of Justice.
27 4. (1) Criticism of Israel that is similar to criticism toward any other country
28 shall not be construed to be antisemitic.
29 (2) Nothing in this section shall be construed to diminish or infringe upon any
30 right pr otected under the First Amendment to the Constitution of the United States or
31 the Constitution of Missouri.
32 (3) Nothing in this section shall be construed to conflict with federal or state
33 discrimination laws.
160.015. 1. (1) No educational institution shall discriminate because of race,
2 ethnicity , national origin, sex, disability , reli gion, or marital status against a student or
3 an employee in the state system of public elementary and secondary education.
4 (2) No person in this state shall, on the basis of race, ethnicity , national origin,
5 sex, disability , r eligion, or marital status, be excluded fro m participation in, denied the
6 benefits of, or subjected to discrimination under any pr ogram or activity or in any
7 employment conditions or practices conducted by an educational institution that
8 r eceives or benefits fr om federal or state financial assistance.
9 2. An educational institution's criteria for admission to a pro gram or course
10 shall not have the effect of re stricting access by persons of a particular race, ethnicity ,
11 national origin, sex, disability , r eligion, or marital status.
12 3. (1) All of an educational institution's classes shall be available to all students
13 without r egard to race, ethnicity , national origin, sex, disability , reli gion, or marital
14 status.
15 (2) This subsection shall not be construed to eliminate the pro vision of progra ms
16 designed to meet the needs of students with limited pr oficiency in English, gifted
17 students, or students with disabilities or progra ms tailored to students with special
18 needs.
19 4. Guidance services, counseling services, and financial assistance services in an
20 educational institution shall be available to all students equally and pr ovided in the
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21 same manner re gardless of race, ethnicity , national origin, sex, disability , reli gion, or
22 marital status.
23 5. All education pr ograms, activities, and opportunities offer ed by educational
24 institutions shall be made available without discrimination on the basis of race,
25 ethnicity , national origin, sex, disability , rel igion, or marital status.
26 6. (1) Nothing in this section shall be construed to diminish or infringe upon any
27 right pr otected under the First Amendment to the Constitution of the United States or
28 the Constitution of Missouri.
29 (2) Nothing in this section shall be construed to conflict with federal or state
30 discrimination laws.
31 7. (1) Each educational institution shall r eport incidents and complaints of
32 antisemitic discrimination or harassment to the T itle VI coordinator at the department
33 of elementary and secondary education.
34 (2) The T itle VI coordinator shall establish, maintain, and publicize a formal
35 r eporting pro cess by which students, paren ts, staff, and faculty can submit complaints
36 of antisemitic discrimination and harassment.
37 (3) The T itle VI coordinator shall thorou ghly investigate all complaints made
38 under this subsection. After a rea sonable investigation, if the coordinator determines
39 that an educational institution has engaged in, allowed, or failed to sufficiently proh ibit
40 antisemitic discrimination or harassment, the department of elementary and secondary
41 education shall notify , in writing, the educational institution of such determination and
42 that such educational institution is r equir ed to addr ess the issues described in such
43 determination within thirty days after rece ipt of such written notice.
44 (4) After the expiration of the thirty days to addr ess issues in the coordinator's
45 determination, if the T itle VI coordinator determines the educational institution has
46 failed to take the necessary actions to addr ess such issues, the department of elementary
47 and secondary education shall report the coordinator's determination to the United
48 States Department of Education and the United States Department of Justice by making
49 a complaint under T itle VI of the federal Civil Rights Act of 1964, as amended.
50 (5) The T itle VI coordinator shall compile an annual r eport on complaints of
51 antisemitic discrimination and harassment monitor ed, reported, and investigated under
52 this section. Such r eport shall be published on the website of the department of
53 elementary and secondary education and submitted to the general assembly before July
54 first of each year .
173.001. 1. As used in this section and section 173.002, the following terms
2 mean:
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3 (1) "Antisemitism" or "antisemitic", the International Holocaust Remembrance
4 Alliance's (IHRA) W orking Definition of Antisemitism, including its contemporary
5 examples, as it was adopted on May 26, 2016, as a tool and guide for recog nizing and
6 combating antisemitism;
7 (2) "Educational institution", a public postsecondary educational institution
8 governed or supervised by a:
9 (a) Board erecte d under chapter 172, 174, 175, or 178;
10 (b) Board of trustees of a community college; or
11 (c) State board for any other technical school.
12 2. Each educational institution shall trea t harassment of or discrimination
13 against students or employees, or harassment or discrimination r esulting from
14 institutional policies or prog rams on such educational institution's campuses, that is
15 motivated by or including antisemitism in an identical manner to discrimination
16 motivated by race.
17 3. (1) Each educational institution shall integrate the definition of antisemitism
18 in this section into such educational institution's student, faculty , and employee codes of
19 conduct and shall pro hibit such conduct at or by such educational institution if such
20 conduct creat es an atmospher e or circums tance in which individuals working at,
21 visiting, or attending the educational institution are impeded fr om their normal course
22 of work, study , or access to the educational institution and the educational institution's
23 services and facilities either by physically impeding such activity or by crea ting an
24 atmospher e of fear or intimidation.
25 (2) Pr ohibited conduct as it r elates specifically to antisemitism shall be
26 incorporated into such educational institution's student, faculty , and employee codes of
27 conduct and shall include penalties for harassment of and discrimination against Jews
28 in compliance with antidiscrimination regul ations pr omulgated under T itle VI of the
29 federal Civil Rights Act of 1964, as amended, by the United States Department of
30 Education and the United States Department of Justice.
31 4. (1) Criticism of Israel that is similar to criticism toward any other country
32 shall not be construed to be antisemitic.
33 (2) Nothing in this section shall be construed to diminish or infringe upon any
34 right pr otected under the First Amendment to the Constitution of the United States or
35 the Constitution of Missouri.
36 (3) Nothing in this section shall be construed to conflict with federal or state
37 discrimination laws.
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173.002. 1. (1) No educational institution shall discriminate because of race,
2 ethnicity , national origin, sex, disability , reli gion, or marital status against a student or
3 an employee in the state system of public postsecondary education.
4 (2) No person in this state shall, on the basis of race, ethnicity , national origin,
5 sex, disability , r eligion, or marital status, be excluded fro m participation in, denied the
6 benefits of, or subjected to discrimination under any pr ogram or activity or in any
7 employment conditions or practices conducted by an educational institution that
8 r eceives or benefits fr om federal or state financial assistance.
9 2. An educational institution's criteria for admission to a pro gram or course
10 shall not have the effect of re stricting access by persons of a particular race, ethnicity ,
11 national origin, sex, disability , r eligion, or marital status.
12 3. (1) All of an educational institution's classes shall be available to all students
13 without r egard to race, ethnicity , national origin, sex, disability , reli gion, or marital
14 status.
15 (2) This subsection shall not be construed to eliminate the pro vision of progra ms
16 designed to meet the needs of students with limited pr oficiency in English, gifted
17 students, or students with disabilities or progra ms tailored to students with special
18 needs.
19 4. Guidance services, counseling services, and financial assistance services in an
20 educational institution shall be available to all students equally and pr ovided in the
21 same manner re gardless of race, ethnicity , national origin, sex, disability , reli gion, or
22 marital status.
23 5. All education pr ograms, activities, and opportunities offer ed by educational
24 institutions shall be made available without discrimination on the basis of race,
25 ethnicity , national origin, sex, disability , rel igion, or marital status.
26 6. (1) Nothing in this section shall be construed to diminish or infringe upon any
27 right pr otected under the First Amendment to the Constitution of the United States or
28 the Constitution of Missouri.
29 (2) Nothing in this section shall be construed to conflict with federal or state
30 discrimination laws.
31 7. (1) Each educational institution shall r eport incidents and complaints of
32 antisemitic discrimination or harassment to the T itle VI coordinator of the coordinating
33 board for higher education under the department of higher education and workfor ce
34 development.
35 (2) The T itle VI coordinator shall establish, maintain, and publicize a formal
36 r eporting pro cess by which students, paren ts, staff, and faculty can submit complaints
37 of antisemitic discrimination and harassment.
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38 (3) The T itle VI coordinator shall thorou ghly investigate all complaints made
39 under this subsection. After a rea sonable investigation, if the coordinator determines
40 that an educational institution has engaged in, allowed, or failed to sufficiently proh ibit
41 antisemitic discrimination or harassment, the coordinating board for higher education
42 shall notify , in writing, the educational institution of such determination and that such
43 educational institution is requ ired to addr ess the issues described in such determination
44 within thirty days after re ceipt of such written notice.
45 (4) After the expiration of the thirty days to addr ess issues in the coordinator's
46 determination, if the T itle VI coordinator determines the educational institution has
47 failed to take the necessary actions to addr ess such issues, the coordinating board for
48 higher education shall rep ort the coordinator's determination to the United States
49 Department of Education and the United States Department of Justice by making a
50 complaint under T itle VI of the federal Civil Rights Act of 1964, as amended.
51 (5) The T itle VI coordinator shall compile an annual r eport on complaints of
52 antisemitic discrimination and harassment monitor ed, reported, and investigated under
53 this section. Such repo rt shall be published on the website of the coordinating board for
54 higher education and submitted to the general assembly before July first of each year .
✔
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