Official Summary Text
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.
Current Bill Text
Read the full stored bill text
SENATE BILL 1209
By Rose
HOUSE BILL 1188
By Grills
HB1188
003346
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 49,
relative to discrimination in educational institutions.
WHEREAS, a historic rise in antisemitic violence, harassment, and discrimination has
occurred at K-12 schools, colleges, and universities across the United States, targeting Jewish
students; and
WHEREAS, on April 2024, the Director of the Federal Bureau of Investigation found that
the number of FBI investigations into antisemitic hate crimes tripled in the months after October
7, 2023; and
WHEREAS, according to a recent Gallup Poll, eighty-one percent of Americans now see
antisemitism as either a very or somewhat serious problem, up from fifty-seven percent two
decades ago; and
WHEREAS, acts of antisemitism on our campuses undermine the educational and social
fabric of our institutions; and
WHEREAS, promoting understanding, tolerance, and respect for all students and faculty
is imperative; now, therefore,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 49, Chapter 50, is amended by adding
the following as a new part:
49-50-1801.
(a) 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,
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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. As used in this part, "public institution of education" means
local education agencies, public charter schools, and public institutions of higher
education.
(b) 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.
(c) 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.
This subsection (c) 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 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.
(e) 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.
49-50-1802.
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(a) 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.
(b) As used in this section, "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.
(c) All public institutions of education shall 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 (42 U.S.C. § 2000d et seq.) antidiscrimination regulations provided by
the United States department of education and United States department of justice.
(d) 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.
49-50-1803.
(a) The department of education shall designate a "Title VI coordinator"
dedicated to monitoring antisemitic discrimination and harassment at public kindergarten
through grade twelve (K-12) schools. Each governing board of a public institution of
higher education shall designate a "Title VI coordinator" dedicated to monitoring
antisemitic discrimination and harassment at the public institution of higher education.
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All public institutions of education shall formally report incidents and complaints of
antisemitic discrimination and harassment to their respective Title VI coordinator.
(b) The Title VI coordinator shall thoroughly investigate all complaints. If, after
reasonable investigation, the Title VI coordinator determines that the public institution of
education has engaged in, allowed, or not sufficiently prohibited antisemitic
discrimination, the respective agency shall give written notice to the institution to address
its concerns no later than thirty (30) days after the notice is received.
(c) If the Title VI coordinator determines the public institution of education has
not taken the necessary actions by the expiration of the thirty-day period, then the
respective agency shall report its findings to the United States department of education
and United States department of justice by making a complaint under Title VI of the Civil
Rights Act of 1964 (42 U.S.C. § 2000d et seq.).
(d) Each Title VI coordinator shall, no later than June 30 of each year, issue an
annual report on antisemitism to the general assembly.
49-50-1804.
(a) Criticism of Israel that is similar to criticism toward any other country is not
regarded as antisemitic.
(b) This act does not diminish or infringe upon any right protected under the First
Amendment to the United States Constitution or the Tennessee Constitution.
(c) This act must not conflict with federal or state discrimination laws.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.