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Education - As enacted, prohibits discrimination on the basis of race, ethnicity, national origin, sex, or religion against a student or an employee in a public institution of education; requires public institutions of e, the official text

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~tate of \lCenneggee

                          PUBLIC CHAPTER NO. 293

                                                  HOUSE BILL NO. 1188

                       By Representatives Grills, Reedy, Faison, Moody, Cepicky

                                       Substituted for: Senate Bill No. 1209

            By Senators Rose, Bowling, Crowe, Bailey, Gardenhire, Jackson, Walley

          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) As used in this part:

                               (1) "Antisemitism" has the same meaning as the working definition of
                     antisemitism described in§ 49-7-181; and

                               (2) "Public institution of education" includes LEAs, public charter schools,
                     and public institutions of higher education.

                     (b) Discrimination on the basis of race, ethnicity, national origin, sex, or religion
           against a student or an employee of a public institution of education is prohibited. A
           public institution of education shall not discriminate against a person on the basis of
           race, ethnicity, national origin, sex, or religion by:

                               (1) Excluding the person from participating in a program offered by the
                     public institution of education;

                               (2) Denying the person the benefits of participating in a program offered
                     by the public institution of education;

                               (3) Subjecting the person participating in a program offered by the public
                     institution of education to discrimination;

                               (4) Denying the person any employment benefit; or
HB1188

                              (5) Subjecting the person to an employment condition or practice based
                    solely on the person's race, ethnicity, national origin, sex, or religion.

                    (c) A public institution of education shall not use criteria for admission to a
          school, program, or course that has the effect of restricting access for persons of a
          particular race, ethnicity, national origin, or religion.

                    (d) All programs and classes offered at a public institution of education must be
          available to students without regard to the student's race, ethnicity, national origin, sex,
          or religion. This subsection (d) does not eliminate programs designed to meet the needs
          of students with limited proficiency in the English language, gifted students, or students
          with disabilities or programs tailored to students with specialized talents or skills.

                    (e) A public institution of education shall ensure that guidance services,
          counseling services, and financial assistance services offered by the public institution of
          education are available to all students equally and provided in the same manner,
          regardless of race, ethnicity, national origin, sex, ~,,; religion.

          49-50-1802.

                    (a) A public institution of education shall prohibit antisemitic harassment or
          discrimination against students and employees, including discrimination resulting from a
          policy of the public institution of education or a program offered by the public institution
          of education that is conducted on the public institution of education's campus or school
          grounds, 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 (42 U.S.C.
          § 2000d et seq.).

                    (b) All public institutions of education shall:

                              (1) Integrate the definition of antisemitism into the public institution of
                    education's codes of conduct or antidiscrimination policies to prohibit antisemitic
                    harassment and discrimination; and

                              (2) Prohibit conduct of harassment and discrimination against Jews in
                    compliance with Title VI of the Civil Rights Act of 1964 and with the
                    antidiscrimination regulations established by the United States department of
                    education and United States department of justice.

                    (c) All public institutions of education are encouraged to:

                               (1) Incorporate antisemitism awareness training for all students, staff,
                    faculty, administrators, and police or school security assigned to the campus or
                     school grounds of the public institution of education; and

                               (2) Integrate Jewish American Heritage curricula for students that
                     incorporate Jewish experiences in America pre-American revolution and post-
                    American revolution, pre-World War II and post-World War II, the Holocaust, and
                     in modern times into a course provided by the public institution of education.

                     (d) All public institutions of education shall place reasonable time, place, and
           manner restrictions on speech to ensure order and protect the rights of all students.

           49-50-1803.

                     (a)

                               (1) By July 1, 2025, the department of education shall designate a Title VI
                     coordinator to monitor antisemitic discrimination and harassment at public
                     institutions of education that serve students in any of the grades kindergarten
                     through grade twelve (K-12).

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                              (2) Each public institution of higher education shall designate a Title VI
                    coordinator to monitor antisemitic discrimination and harassment at the public
                    institution of higher education.
                    (b) All public institutions of education shall formally report incidents and
          complaints of antisemitic discrimination and harassment to the appropriate Title VI
          coordinator.
                    (c) A Title VI coordinator designated pursuant to this section shall thoroughly
          investigate all complaints reported by a public institution of education. If, after
          reasonable investigation, the respective Title VI coordinator determines that the public
          institution of education has engaged in, allowed, or not sufficiently prohibited antisemitic
          discrimination, then the Title VI coordinator shall give written notice to the public
          institution of education to take the necessary actions to address the prohibited
          antisemitic discrimination. The public institution of education must take such necessary
          actions no later than sixty (60) days after the date on which the Title VI coordinator
          notifies the public institution of education pursuant to this subsection (c).
                    (d) If the Title VI coordinator determines that the public institution of education
          has not taken the necessary actions to address the prohibited antisemitic discrimination
          by the end of the sixty-day period, then the Title VI coordinator shall report their findings
          to the attorney general and reporter.
                    (e) Each Title VI coordinator shall, no later than June 30 of each year, issue an
          annual report on antisemitism at the public institution of education overseen by the
          coordinator to the attorney general and reporter and to the general assembly.
                    (f) The general assembly is encouraged to conduct hearings or investigations, as
          deemed necessary, to assess whether a public institution of education has adequately
          addressed antisemitic discrimination.
           49-50-1804.
                     (a) Criticism of Israel that is similar to criticism toward any other country is not
           considered antisemitism discrimination or harassment for purposes of this part.
                     (b) This part does not diminish or infringe on any right protected under the First
           Amendment to the United States Constitution or the Tennessee Constitution.
                     (c) Implementation of this part must not conflict with federal or state
           antidiscrimination laws and must be implemented consistently with Title VI of the Civil
           Rights Act of 1964 (42 U.S.C. § 2000d et seq.).
           SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.

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         HOUSE BILL NO. 1188

PASSED:  April 7, 2025

                        CAMERON S~XTON, SPEAKER
                        HOUSE OF REPRESENTATIVES

                        Q., a), e· ~ c . . ' \ \ *
                                        \  RANDY MC LLY

                                           SPEAKER OF THE SENATE

\:l. I APPROVED this Gl4 day of Pr{>r,     2025

              ~ • .

BILL LEE, GOVERNOR
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