| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to prohibiting discrimination and conduct motivated by |
|
|
antisemitism by public schools and institutions of higher education |
|
|
and providing antisemitism awareness training and instruction at |
|
|
those schools and institutions. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 1, Education Code, is amended by adding |
|
|
Sections 1.009 and 1.012 to read as follows: |
|
|
Sec. 1.009. PROHIBITED DISCRIMINATION. (a) In this |
|
|
section: |
|
|
(1) "Antisemitism" has the meaning assigned by Section |
|
|
448.001, Government Code, including the examples referenced in that |
|
|
term. The term does not include criticism of Israel that is similar |
|
|
to criticism of any other country. |
|
|
(2) "Institution of higher education" has the meaning |
|
|
assigned by Section 61.003. |
|
|
(3) "Public elementary or secondary school" means a |
|
|
school district and a district, campus, program, or school |
|
|
operating under a charter under Chapter 12. |
|
|
(b) This section may not be construed to: |
|
|
(1) diminish or infringe on any right protected under |
|
|
the First Amendment to the United States Constitution or by Section |
|
|
8, Article I, Texas Constitution; or |
|
|
(2) conflict with federal, state, or local |
|
|
discrimination laws. |
|
|
(c) Notwithstanding any other law and subject to Subsection |
|
|
(d), a public elementary or secondary school or institution of |
|
|
higher education may not discriminate against a person on the basis |
|
|
of race, ethnicity, national origin, gender, disability, religion, |
|
|
or marital status. Discrimination prohibited under this subsection |
|
|
includes discrimination affecting a person's: |
|
|
(1) admission to a program or course; |
|
|
(2) participation in a program or activity; |
|
|
(3) access to guidance or counseling services; |
|
|
(4) access to financial assistance or any other |
|
|
opportunity or benefit; or |
|
|
(5) employment, including employment conditions and |
|
|
practices. |
|
|
(d) This section does not affect the provision of programs |
|
|
designed to meet the needs of emergent bilingual students, as |
|
|
defined by Section 29.052, gifted and talented students, students |
|
|
with disabilities, or other students who require specialized |
|
|
education services. |
|
|
(e) For purposes of this section, discrimination motivated |
|
|
by antisemitism is considered discrimination motivated by race. |
|
|
(f) The Texas Education Agency shall monitor each public |
|
|
elementary or secondary school to ensure that the school complies |
|
|
with this section and Sections 22.906 and 37.0095. The Texas Higher |
|
|
Education Coordinating Board shall monitor each institution of |
|
|
higher education to ensure that the institution complies with this |
|
|
section and Section 51.9791. |
|
|
Sec. 1.012. ANTISEMITISM AWARENESS TRAINING AND |
|
|
INSTRUCTION. (a) In this section: |
|
|
(1) "Antisemitism" and "public elementary or |
|
|
secondary school" have the meanings assigned by Section 1.009. |
|
|
(2) "Institution of higher education" has the meaning |
|
|
assigned by Section 61.003. |
|
|
(b) A public elementary or secondary school or institution |
|
|
of higher education may provide: |
|
|
(1) antisemitism awareness training to students, |
|
|
faculty, administrators, and law enforcement officers of the school |
|
|
or institution; and |
|
|
(2) instruction to enrolled students for Jewish |
|
|
American Heritage Month to improve understanding of historical and |
|
|
modern Jewish experiences in the United States. |
|
|
SECTION 2. Subchapter Z, Chapter 22, Education Code, is |
|
|
amended by adding Section 22.906 to read as follows: |
|
|
Sec. 22.906. ANTISEMITISM: DISCIPLINARY ACTION. (a) In |
|
|
taking disciplinary action against an employee for behavior that |
|
|
violates the district's or school's employee code of conduct and |
|
|
that may reasonably be determined to have been motivated by |
|
|
antisemitism, a school district or open-enrollment charter school |
|
|
shall consider the definition of antisemitism provided by Section |
|
|
448.001, Government Code, including the examples referenced in that |
|
|
term, as instructive in determining whether the employee's behavior |
|
|
was motivated by antisemitism. |
|
|
(b) A school district or open-enrollment charter school |
|
|
that determines an employee's violation of the district's or |
|
|
school's employee code of conduct was motivated by antisemitism |
|
|
shall take the same disciplinary action against the employee as the |
|
|
district or school would take against the employee for a violation |
|
|
motivated by racism. |
|
|
SECTION 3. Subchapter A, Chapter 37, Education Code, is |
|
|
amended by adding Section 37.0095 to read as follows: |
|
|
Sec. 37.0095. ANTISEMITISM: DISCIPLINARY ACTION. (a) In |
|
|
taking disciplinary action against a student for behavior that |
|
|
violates the student code of conduct adopted under Section 37.001 |
|
|
and that may reasonably be determined to have been motivated by |
|
|
antisemitism, a school district or open-enrollment charter school |
|
|
shall consider the definition of antisemitism provided by Section |
|
|
448.001, Government Code, including the examples referenced in that |
|
|
term, as instructive in determining whether the student's behavior |
|
|
was motivated by antisemitism. |
|
|
(b) A school district or open-enrollment charter school |
|
|
that determines a student's violation of the student code of |
|
|
conduct adopted under Section 37.001 was motivated by antisemitism |
|
|
shall take the same disciplinary action against the student as the |
|
|
district or school would take against the student for a violation |
|
|
motivated by racism. |
|
|
SECTION 4. Subchapter Z, Chapter 51, Education Code, is |
|
|
amended by adding Section 51.9791 to read as follows: |
|
|
Sec. 51.9791. ANTISEMITISM: DISCIPLINARY ACTION. (a) In |
|
|
this section, "institution of higher education" has the meaning |
|
|
assigned by Section 61.003. |
|
|
(b) In taking disciplinary action against a student for |
|
|
behavior that violates the institution's student code of conduct or |
|
|
an employee for behavior that violates the institution's employee |
|
|
code of conduct and that may reasonably be determined to have been |
|
|
motivated by antisemitism, an institution of higher education shall |
|
|
consider the definition of antisemitism provided by Section |
|
|
448.001, Government Code, including the examples referenced in that |
|
|
term, as instructive in determining whether the student's or |
|
|
employee's behavior was motivated by antisemitism. |
|
|
(c) An institution of higher education that determines a |
|
|
student's or employee's violation of the institution's student or |
|
|
employee code of conduct, as applicable, was motivated by |
|
|
antisemitism shall take the same disciplinary action against the |
|
|
student or employee as the institution would take against the |
|
|
student or employee for a violation motivated by racism. |
|
|
SECTION 5. (a) Sections 22.906 and 37.0095, Education |
|
|
Code, as added by this Act, apply beginning with the 2025-2026 |
|
|
school year. |
|
|
(b) Section 51.9791, Education Code, as added by this Act, |
|
|
applies beginning with the 2025-2026 academic year. |
|
|
SECTION 6. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2025. |