Schools would treat antisemitic discrimination as racial discrimination

The text as introduced · 1,038 words

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.