HB2102 - 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.

  89R8470 CXP-D     By: Leo Wilson H.B. No. 2102       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.