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SECOND REGULAR SESSION
[TRULY AGREED TO AND FINALLY PASSED]
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 2061
103RD GENERAL ASSEMBLY
4529S.04T 2026
AN ACT
To 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. The general assembly finds that all persons are equal before the law
2 and are entitled to equal rights and opportunities under the law pursuant to article I,
3 section 2 of the Constitution of Missouri and the Fourteenth Amendment to the
4 Constitution of the United States. The general assembly condemns discrimination in all
5 forms. Antisemitism is a form of discrimination. The purpose of this section and section
6 160.015 is to address discrimination, harassment, intimidation, and denial of equal
7 access arising from antisemitism in educational institutions, consistent with the
8 constitutional rights of all persons.
9 2. As used in this section and section 160.015, the following terms mean:
10 (1) "Antisemitism" or "antisemitic", the International Holocaust Remembrance
11 Alliance's (IHRA) Working Definition of Antisemitism, including its contemporary
12 examples, as it was adopted on May 26, 2016, as a tool and guide for recognizing and
13 combating antisemitism;
14 (2) "Educational institution", each public school, charter school, and school
15 district in this state.
EXPLANATION — 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.
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16 3. Each educational institution shall treat harassment of or discrimination
17 against students or employees, or harassment or discrimination resulting from
18 institutional policies or programs on such educational institution's campuses, that is
19 motivated by or including antisemitism in an identical manner to discrimination
20 motivated by race.
21 4. (1) Each educational institution shall adopt a policy clearly defining
22 antisemitism utilizing context and other relevant factors into such educational
23 institution's student, faculty, and employee codes of conduct and shall prohibit such
24 conduct at or by such educational institution if such conduct creates an atmosphere or
25 circumstance in which individuals working at, visiting, or attending the educational
26 institution and the educational institution's services and facilities either by physically
27 impeding such activity or by creating an atmosphere of fear or intimidation.
28 (2) Prohibited conduct as it relates specifically to antisemitism shall be
29 incorporated into such educational institution's student, faculty, and employee codes of
30 conduct and shall include penalties for harassment of and discrimination against Jews
31 in compliance with antidiscrimination regulations promulgated under Title VI of the
32 federal Civil Rights Act of 1964, as amended, by the United States Department of
33 Education and the United States Department of Justice.
34 5. (1) Criticism of Israel that is similar to criticism toward any other country
35 shall not be construed to be antisemitic. In determining a complaint regarding possible
36 antisemitic speech relating to criticism of Israel, the educational institution shall
37 consider whether the speech is explicitly related to public policy or applies materially
38 inconsistent standards, expectations, or condemnation to Israel as compared with other
39 nations in comparable circumstances. Such consideration shall be one factor among the
40 totality of the circumstances and shall not be independently determinative of whether
41 the speech is antisemitic. This section shall only apply if the conduct relating to the
42 speech is also determined to have created an atmosphere or circumstance in which
43 individuals working at, visiting, or attending the educational institution and the
44 educational institution's services and facilities either by physically impeding such
45 activity or by creating an atmosphere of fear or intimidation.
46 (2) Nothing in this section shall be applied in ways that diminish or infringe
47 upon any right protected under the First Amendment to the Constitution of the United
48 States or the Constitution of Missouri.
49 (3) Nothing in this section shall be construed to conflict with federal or state
50 discrimination laws.
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160.015. 1. (1) No educational institution shall discriminate because of race,
2 ethnicity, national origin, sex, disability, religion, 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, religion, or marital status, be excluded from participation in, denied the
6 benefits of, or subjected to discrimination under any program or activity or in any
7 employment conditions or practices conducted by an educational institution that
8 receives or benefits from federal or state financial assistance.
9 2. An educational institution's criteria for admission to a program or course
10 shall not have the effect of restricting access by persons of a particular race, ethnicity,
11 national origin, sex, disability, religion, or marital status.
12 3. (1) All of an educational institution's classes shall be available to all students
13 without regard to race, ethnicity, national origin, sex, disability, religion, or marital
14 status.
15 (2) This subsection shall not be construed to eliminate the provision of programs
16 designed to meet the needs of students with limited proficiency in English, gifted
17 students, or students with disabilities or programs 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 provided in the
21 same manner regardless of race, ethnicity, national origin, sex, disability, religion, or
22 marital status.
23 5. All education programs, activities, and opportunities offered by educational
24 institutions shall be made available without discrimination on the basis of race,
25 ethnicity, national origin, sex, disability, religion, or marital status.
26 6. (1) Nothing in this section shall be applied in ways that diminish or infringe
27 upon any right protected under the First Amendment to the Constitution of the United
28 States or 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 report incidents and complaints of
32 antisemitic discrimination or harassment to the Title VI coordinator at the department
33 of elementary and secondary education.
34 (2) The Title VI coordinator shall establish, maintain, and publicize a formal
35 reporting process by which students, parents, staff, and faculty can submit complaints
36 of antisemitic discrimination and harassment.
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37 (3) The Title VI coordinator shall thoroughly investigate all complaints made
38 under this subsection. After a reasonable investigation, if the coordinator determines
39 that an educational institution has engaged in, allowed, or failed to sufficiently prohibit
40 antisemitic discrimination or harassment in a manner consistent with the educational
41 institution's policy adopted under subsection 3 of section 160.014, the department of
42 elementary and secondary education shall notify, in writing, the educational institution
43 of such determination and that such educational institution is required to address the
44 issues described in such determination within thirty days after receipt of such written
45 notice.
46 (4) After the expiration of the thirty days to address issues in the coordinator's
47 determination, if the Title VI coordinator determines the educational institution has
48 failed to take the necessary actions to address such issues, the department of elementary
49 and secondary education shall report the coordinator's determination to the United
50 States Department of Education and the United States Department of Justice by making
51 a complaint under Title VI of the federal Civil Rights Act of 1964, as amended.
52 (5) The Title VI coordinator shall compile an annual report on complaints of
53 antisemitic discrimination and harassment as well as other Title VI complaints
54 monitored, reported, and investigated under this section. Such report shall be published
55 on the website of the department of elementary and secondary education and submitted
56 to the general assembly before July first of each year.
173.001. 1. The general assembly finds that all persons are equal before the law
2 and are entitled to equal rights and opportunities under the law pursuant to article I,
3 section 2 of the Constitution of Missouri and the Fourteenth Amendment to the
4 Constitution of the United States. The general assembly condemns discrimination in all
5 forms. Antisemitism is a form of discrimination. The purpose of this section and section
6 173.002 is to address discrimination, harassment, intimidation, and denial of equal
7 access arising from antisemitism in educational institutions, consistent with the
8 constitutional rights of all persons.
9 2. As used in this section and section 173.002, the following terms mean:
10 (1) "Antisemitism" or "antisemitic", the International Holocaust Remembrance
11 Alliance's (IHRA) Working Definition of Antisemitism, including its contemporary
12 examples, as it was adopted on May 26, 2016, as a tool and guide for recognizing and
13 combating antisemitism;
14 (2) "Educational institution", a public postsecondary educational institution
15 governed or supervised by a:
16 (a) Board erected under chapter 172, 174, 175, or 178;
17 (b) Board of trustees of a community college; or
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18 (c) State board for any other technical school.
19 3. Each educational institution shall treat harassment of or discrimination
20 against students or employees, or harassment or discrimination resulting from
21 institutional policies or programs on such educational institution's campuses, that is
22 motivated by or including antisemitism in an identical manner to discrimination
23 motivated by race.
24 4. (1) Each educational institution shall adopt a policy clearly defining
25 antisemitism utilizing context and other relevant factors into such educational
26 institution's student, faculty, and employee codes of conduct and shall prohibit such
27 conduct at or by such educational institution if such conduct creates an atmosphere or
28 circumstance in which individuals working at, visiting, or attending the educational
29 institution and the educational institution's services and facilities either by physically
30 impeding such activity or by creating an atmosphere of fear or intimidation.
31 (2) Prohibited conduct as it relates specifically to antisemitism shall be
32 incorporated into such educational institution's student, faculty, and employee codes of
33 conduct and shall include penalties for harassment of and discrimination against Jews
34 in compliance with antidiscrimination regulations promulgated under Title VI of the
35 federal Civil Rights Act of 1964, as amended, by the United States Department of
36 Education and the United States Department of Justice.
37 5. (1) Criticism of Israel that is similar to criticism toward any other country
38 shall not be construed to be antisemitic. In determining a complaint regarding possible
39 antisemitic speech relating to criticism of Israel, the educational institution shall
40 consider whether the speech is explicitly related to public policy or applies materially
41 inconsistent standards, expectations, or condemnation to Israel as compared with other
42 nations in comparable circumstances. Such consideration shall be one factor among the
43 totality of the circumstances and shall not be independently determinative of whether
44 the speech is antisemitic. This section shall only apply if the conduct relating to the
45 speech is also determined to have created an atmosphere or circumstance in which
46 individuals working at, visiting, or attending the educational institution and the
47 educational institution's services and facilities either by physically impeding such
48 activity or by creating an atmosphere of fear or intimidation.
49 (2) Nothing in this section shall be applied in ways that diminish or infringe
50 upon any right protected under the First Amendment to the Constitution of the United
51 States or the Constitution of Missouri.
52 (3) Nothing in this section shall be construed to conflict with federal or state
53 discrimination laws.
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173.002. 1. (1) No educational institution shall discriminate because of race,
2 ethnicity, national origin, sex, disability, religion, 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, religion, or marital status, be excluded from participation in, denied the
6 benefits of, or subjected to discrimination under any program or activity or in any
7 employment conditions or practices conducted by an educational institution that
8 receives or benefits from federal or state financial assistance.
9 2. An educational institution's criteria for admission to a program or course
10 shall not have the effect of restricting access by persons of a particular race, ethnicity,
11 national origin, sex, disability, religion, or marital status.
12 3. (1) All of an educational institution's classes shall be available to all students
13 without regard to race, ethnicity, national origin, sex, disability, religion, or marital
14 status.
15 (2) This subsection shall not be construed to eliminate the provision of programs
16 designed to meet the needs of students with limited proficiency in English, gifted
17 students, or students with disabilities or programs 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 provided in the
21 same manner regardless of race, ethnicity, national origin, sex, disability, religion, or
22 marital status.
23 5. All education programs, activities, and opportunities offered by educational
24 institutions shall be made available without discrimination on the basis of race,
25 ethnicity, national origin, sex, disability, religion, or marital status.
26 6. (1) Nothing in this section shall be applied in ways that diminish or infringe
27 upon any right protected under the First Amendment to the Constitution of the United
28 States or 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 report incidents and complaints of
32 antisemitic discrimination or harassment to the Title VI coordinator of the coordinating
33 board for higher education under the department of higher education and workforce
34 development.
35 (2) The Title VI coordinator shall establish, maintain, and publicize a formal
36 reporting process by which students, parents, staff, and faculty can submit complaints
37 of antisemitic discrimination and harassment.
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38 (3) The Title VI coordinator shall thoroughly investigate all complaints made
39 under this subsection. After a reasonable investigation, if the coordinator determines
40 that an educational institution has engaged in, allowed, or failed to sufficiently prohibit
41 antisemitic discrimination or harassment in a manner consistent with the educational
42 institution's policy adopted under subsection 3 of section 173.001, the coordinating
43 board for higher education shall notify, in writing, the educational institution of such
44 determination and that such educational institution is required to address the issues
45 described in such determination within thirty days after receipt of such written notice.
46 (4) After the expiration of the thirty days to address issues in the coordinator's
47 determination, if the Title VI coordinator determines the educational institution has
48 failed to take the necessary actions to address such issues, the coordinating board for
49 higher education shall report the coordinator's determination to the United States
50 Department of Education and the United States Department of Justice by making a
51 complaint under Title VI of the federal Civil Rights Act of 1964, as amended, except that
52 those complaints solely containing instances of political or religious speech protected
53 under the First Amendment to the Constitution of the United States or the Constitution
54 of Missouri shall not be reported, compiled, or published by the coordinating board for
55 higher education.
56 (5) The Title VI coordinator shall compile an annual report on complaints,
57 except those complaints that solely contain instances of political or religious speech
58 protected under the First Amendment to the Constitution of the United States or the
59 Constitution of Missouri, of antisemitic discrimination and harassment as well as other
60 Title VI complaints monitored, reported, and investigated under this section. Such
61 report shall be published on the website of the coordinating board for higher education
62 and submitted to the general assembly before July first of each year.
63 (6) No educational institution shall create a list, registry, or database of students
64 based on their religious or political views, opinions, or expressions, which are protected
65 under the First Amendment to the Constitution of the United States or the Constitution
66 of Missouri.
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