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SECOND REGULAR SESSION
SENATE BILL NO. 1051
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR TRENT.
5611S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapters 160 and 173, RSMo, by adding thereto four new sections relating to protections
against discrimination in educational settings.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapters 160 and 173, RSMo, are amended by 1
adding thereto four new sections, to be known as sections 2
160.014, 160.015, 173.001, and 173.002, to read as follows:3
160.014. 1. As used in this section and section 1
160.015, the following terms mean: 2
(1) "Antisemitism" or "antisemitic", the International 3
Holocaust Remembrance Alliance's (IHRA) Working Definition 4
of Antisemitism, including its contemporary examples, as it 5
was adopted on May 26, 2016, as a tool and guide for 6
recognizing and combating antisemitism; 7
(2) "Educational institution", each public school and 8
school district in this state. 9
2. Each educational institution shall treat harassment 10
or discrimination against students or employees or resulting 11
from institutional policies or programs on such educational 12
institution's campuses that is motivated by or including 13
antisemitism in an identical manner to discrimination 14
motivated by race. 15
3. (1) Each educational institution shall integrate 16
the definition of antisemitism in this section into such 17
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educational institution's student, faculty, and employee 18
codes of conduct and shall prohibit such conduct at or by 19
such educational institution if such conduct creates an 20
atmosphere or circumstance in which individuals working at, 21
visiting, or attending the educational institution are 22
impeded from their normal course of work, study, or access 23
to the educational institution and the educational 24
institution's services and facilities either by physically 25
impeding such activity or by creating an atmosphere of fear 26
or intimidation. 27
(2) Prohibited conduct as it relates specifically to 28
antisemitism shall be incorporated into such educational 29
institution's student, faculty, and employee codes of 30
conduct and shall include penalties for harassment of and 31
discrimination against Jews in compliance with 32
antidiscrimination regulations promulgated under Title VI of 33
the federal Civil Rights Act of 1964, as amended, by the 34
United States Department of Education and the United States 35
Department of Justice. 36
4. (1) Criticism of Israel that is similar to 37
criticism toward any other country shall not be construed to 38
be antisemitic. 39
(2) Nothing in this section shall be construed to 40
diminish or infringe upon any right protected under the 41
First Amendment to the Constitution of the United States or 42
the Constitution of Missouri. 43
(3) Nothing in this section shall be construed to 44
conflict with federal or state discrimination laws. 45
160.015. 1. (1) No educational institution shall 1
discriminate because of race, ethnicity, national origin, 2
sex, disability, religion, or marital status against a 3
student or an employee of any educational institution. 4
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(2) No person in this state shall, on the basis of 5
race, ethnicity, national origin, sex, disability, religion, 6
or marital status, be excluded from participation in, denied 7
the benefits of, or subjected to discrimination under any 8
program or activity or in any employment conditions or 9
practices conducted by an educational institution that 10
receives or benefits from federal or state financial 11
assistance. 12
2. An educational institution's criteria for admission 13
to a program or course shall not have the effect of 14
restricting access by persons of a particular race, 15
ethnicity, national origin, sex, disability, religion, or 16
marital status. 17
3. (1) All of an educational institution's classes 18
shall be available to all students without regard to race, 19
ethnicity, national origin, sex, disability, religion, or 20
marital status. 21
(2) This subsection shall not be construed to 22
eliminate the provision of programs designed to meet the 23
needs of students with limited proficiency in English, 24
gifted students, or students with disabilities or programs 25
tailored to students with specialized talents or skills. 26
4. Guidance services, counseling services, and 27
financial assistance services in an educational institution 28
shall be available to all students equally and provided in 29
the same manner regardless of race, ethnicity, national 30
origin, sex, disability, religion, or marital status. 31
5. All education programs, activities, and 32
opportunities offered by educational institutions shall be 33
made available without discrimination on the basis of race, 34
ethnicity, national origin, sex, disability, religion, or 35
marital status. 36
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6. (1) Nothing in this section shall be construed to 37
diminish or infringe upon any right protected under the 38
First Amendment to the Constitution of the United States or 39
the Constitution of Missouri. 40
(2) Nothing in this section shall be construed to 41
conflict with federal or state discrimination laws. 42
7. (1) Each educational institution shall report 43
incidents and complaints of antisemitic discrimination or 44
harassment to the Title VI coordinator at the department of 45
elementary and secondary education. 46
(2) The Title VI coordinator shall establish, 47
maintain, and publicize a formal reporting process whereby 48
students, parents, staff, and faculty can submit complaints 49
of antisemitic discrimination and harassment. 50
(3) The Title VI coordinator shall thoroughly 51
investigate all complaints made under this subsection. 52
After a reasonable investigation, if the coordinator 53
determines that an educational institution has engaged in, 54
allowed, or failed to sufficiently prohibit antisemitic 55
discrimination or harassment, the department of elementary 56
and secondary education shall notify, in writing, the 57
educational institution of such determination and that such 58
educational institution is required to address the issues 59
described in such determination within thirty days after 60
receipt of such written notice. 61
(4) After the expiration of the thirty days to address 62
issues in the coordinator's determination, if the Title VI 63
coordinator determines the educational institution has 64
failed to take the necessary actions to address such issues, 65
the department of elementary and secondary education shall 66
report the coordinator's determination to the United States 67
Department of Education and the United States Department of 68
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Justice by making a complaint under Title VI of the federal 69
Civil Rights Act of 1964, as amended. 70
(5) The Title VI coordinator shall compile an annual 71
report on complaints of antisemitic discrimination and 72
harassment monitored, reported, and investigated under this 73
section. Such report shall be published on the website of 74
the department of elementary and secondary education and 75
submitted to the general assembly before July first of each 76
year. 77
173.001. 1. As used in this section and section 1
173.002, the following terms mean: 2
(1) "Antisemitism" or "antisemitic", the International 3
Holocaust Remembrance Alliance's (IHRA) Working Definition 4
of Antisemitism, including its contemporary examples, as it 5
was adopted on May 26, 2016, as a tool and guide for 6
recognizing and combating antisemitism; 7
(2) "Educational institution", a public postsecondary 8
educational institution governed or supervised by a: 9
(a) Board erected 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 treat harassment 13
or discrimination against students or employees or resulting 14
from institutional policies or programs on such educational 15
institution's campuses that is motivated by or including 16
antisemitism in an identical manner to discrimination 17
motivated by race. 18
3. (1) Each educational institution shall integrate 19
the definition of antisemitism in this section into such 20
educational institution's student, faculty, and employee 21
codes of conduct and shall prohibit such conduct at or by 22
such educational institution if such conduct creates an 23
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atmosphere or circumstance in which individuals working at, 24
visiting, or attending the educational institution are 25
impeded from their normal course of work, study, or access 26
to the educational institution and the educational 27
institution's services and facilities either by physically 28
impeding such activity or by creating an atmosphere of fear 29
or intimidation. 30
(2) Prohibited conduct as it relates specifically to 31
antisemitism shall be incorporated into such educational 32
institution's student, faculty, and employee codes of 33
conduct and shall include penalties for harassment of and 34
discrimination against Jews in compliance with 35
antidiscrimination regulations promulgated under Title VI of 36
the federal Civil Rights Act of 1964, as amended, by the 37
United States Department of Education and the United States 38
Department of Justice. 39
4. (1) Criticism of Israel that is similar to 40
criticism toward any other country shall not be construed to 41
be antisemitic. 42
(2) Nothing in this section shall be construed to 43
diminish or infringe upon any right protected under the 44
First Amendment to the Constitution of the United States or 45
the Constitution of Missouri. 46
(3) Nothing in this section shall be construed to 47
conflict with federal or state discrimination laws. 48
173.002. 1. (1) No educational institution shall 1
discriminate because of race, ethnicity, national origin, 2
sex, disability, religion, or marital status against a 3
student or an employee of any educational institution. 4
(2) No person in this state shall, on the basis of 5
race, ethnicity, national origin, sex, disability, religion, 6
or marital status, be excluded from participation in, denied 7
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the benefits of, or subjected to discrimination under any 8
program or activity or in any employment conditions or 9
practices conducted by an educational institution that 10
receives or benefits from federal or state financial 11
assistance. 12
2. An educational institution's criteria for admission 13
to a program or course shall not have the effect of 14
restricting access by persons of a particular race, 15
ethnicity, national origin, sex, disability, religion, or 16
marital status. 17
3. (1) All of an educational institution's classes 18
shall be available to all students without regard to race, 19
ethnicity, national origin, sex, disability, religion, or 20
marital status. 21
(2) This subsection shall not be construed to 22
eliminate the provision of programs designed to meet the 23
needs of students with limited proficiency in English, 24
gifted students, or students with disabilities or programs 25
tailored to students with specialized talents or skills. 26
4. Guidance services, counseling services, and 27
financial assistance services in an educational institution 28
shall be available to all students equally and provided in 29
the same manner regardless of race, ethnicity, national 30
origin, sex, disability, religion, or marital status. 31
5. All educational programs, activities, and 32
opportunities offered by educational institutions shall be 33
made available without discrimination on the basis of race, 34
ethnicity, national origin, sex, disability, religion, or 35
marital status. 36
6. (1) Nothing in this section shall be construed to 37
diminish or infringe upon any right protected under the 38
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First Amendment to the Constitution of the United States or 39
the Constitution of Missouri. 40
(2) Nothing in this section shall be construed to 41
conflict with federal or state discrimination laws. 42
7. (1) Each educational institution shall report 43
incidents and complaints of antisemitic discrimination or 44
harassment to the Title VI coordinator of the coordinating 45
board for higher education, under the department of higher 46
education and workforce development. 47
(2) The Title VI coordinator shall establish, 48
maintain, and publicize a formal reporting process whereby 49
students, parents, staff, and faculty can submit complaints 50
of antisemitic discrimination and harassment. 51
(3) The Title VI coordinator shall thoroughly 52
investigate all complaints made under this subsection. 53
After a reasonable investigation, if the coordinator 54
determines that an educational institution has engaged in, 55
allowed, or failed to sufficiently prohibit antisemitic 56
discrimination or harassment, the coordinating board for 57
higher education shall notify, in writing, the educational 58
institution of such determination and that such educational 59
institution is required to address the issues described in 60
such determination within thirty days after receipt of such 61
written notice. 62
(4) After the expiration of the thirty days to address 63
issues in the coordinator's determination, if the Title VI 64
coordinator determines the educational institution has 65
failed to take the necessary actions to address such issues, 66
the coordinating board for higher education shall report the 67
coordinator's determination to the United States Department 68
of Education and the United States Department of Justice by 69
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making a complaint under Title VI of the federal Civil 70
Rights Act of 1964, as amended. 71
(5) The Title VI coordinator shall compile an annual 72
report on complaints of antisemitic discrimination and 73
harassment monitored, reported, and investigated under this 74
section. Such report shall be published on the website of 75
the coordinating board for higher education and submitted to 76
the general assembly before July first of each year. 77
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