HB1363: HB1363 Education; authorize public schools and postsecondary educational institutions to consider antisemitism in the same manner as discrimination based on religion

26 LC 65 0083S The House Committee on Higher Education offers the following substitute to HB 1363: A BILL TO BE ENTITLED AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to1 prohibit discrimination on the basis of race, ethnicity, national origin, or religion in public2 schools and postsecondary educational institutions; to require the Department of Education3 to establish a state-wide K-12 Title VI Coordinator; to require the Board of Regents of the4 University System of Georgia and the State Board of the Technic al College System of5 Georgia to establish policies and procedures regarding discrimi nation complaints; to6 authorize withholding of funds for noncompliance; to provide fo r notice and appeal7 procedures; to provide for definitions; to provide for an effective date; to provide for annual8 reporting; to provide for related matters; to repeal conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by12 adding a new Code section to Chapter 1, relating to general provisions, to read as follows:13 "20-1-13.14 (a) As used in this Code section, the term:15 (1) 'Georgia state school' means:16 H. B. 1363 (SUB) - 1 - 26 LC 65 0083S (A) An institution of the University System of Georgia; or17 (B) A unit of the Technical College System of Georgia.18 (2) 'Public school' means and includes a Georgia state school, a local school system, and19 any public elementary and secondary school in this state.20 (b) No person in this state shall, on the basis of race, ethnicity, national origin, or religion,21 be excluded from participation in, denied the benefits of, or s ubjected to discrimination22 under any educational program or activity or in employment prac tices conducted by a23 public school that receives federal or state financial assistance.24 (c) Nothing in this Code section shall be construed to diminish or infringe upon any right25 protected under the First Amendment of the United States Consti tution or Article I,26 Section I of the Georgia Constitution."27 SECTION 2.28 Said title is further amended in Chapter 2, relating to elementary and secondary education,29 by adding a new Code section to read as follows:30 "20-2-324.10.31 (a)(1) It is the intent of the General Assembly to ensure that no student, teacher, or32 employee in Georgia's public education system is subjected to d iscrimination or33 harassment on the basis of race, ethnicity, national origin, or religion.34 (2) As used in this Code section, the term 'public school' mea ns and includes a local35 school system and any public elementary and secondary school in this state.36 (b) No later than September 29, 2026, the Department of Educat ion shall designate a37 state-wide K-12 Title VI Coordinator dedicated to monitoring complaints of discrimination38 and harassment in public schools in accordance with Title VI of the federal Civil Rights39 Act of 1964, 42 U.S.C. Section 2000d, et seq., 34 C.F.R. Part 1 00, and other applicable40 federal and state nondiscrimination laws, rules, and regulations.41 (c) The state-wide K-12 Title VI Coordinator shall:42 H. B. 1363 (SUB) - 2 - 26 LC 65 0083S (1) Establish, maintain, and publicize a uniform complaint submission process, available43 electronically and in writing, whereby students, parents, teach ers, and staff may report44 alleged violations;45 (2) Receive, document, and investigate complaints of discrimin ation and harassment46 occurring in any public schools in this state and prepare writt en findings of fact and47 recommendations for review by the Department of Education;48 (3) Upon review of the coordinator's findings, if the Department of Education determines49 a public school has failed to comply with the requirements of t his Code section, the50 coordinator shall assist the Department of Education in issuing a written notice of51 noncompliance requiring corrective action within 30 days of receipt of such notice;52 (4) Monitor the implementation of corrective action plans submitted by public schools53 and provide recommendations to the Department of Education rega rding compliance54 status;55 (5) Refer unresolved violations to the United States Department of Education's Office56 for Civil Rights and the United States Department of Justice when corrective actions are57 not taken within 30 days of notice;58 (6) Submit an annual report no later than June 30 of each year to the State School59 Superintendent, the Governor, the Lieutenant Governor, the Spea ker of the House of60 Representatives, and the chairpersons of the House Committee on Education and the61 Senate Education Committee, including, but not limited to, the number and details of62 complaints and enforcement actions taken; and63 (7) In consultation with the Department of Education, develop policies and procedures64 for the implementation of this Code section, which shall includ e, but not be limited to,65 ensuring complaints are handled in a timely manner, kept confidential, and investigated66 thoroughly and that retaliation is prohibited.67 H. B. 1363 (SUB) - 3 - 26 LC 65 0083S (d)(1) The Department of Education shall be responsible for conducting or supervising68 investigations and making written determinations as to whether a public school has failed69 to comply with the requirements of this Code section.70 (2) If the Department of Education determines that a public school has failed to comply71 with the requirements of this Code section, it shall provide a written notice of72 noncompliance to the public school, and the public school shall have 30 days from the73 receipt of such notice to correct such noncompliance and to develop a corrective action74 plan for preventing future recurrences. The Department of Education may extend such75 30 day period upon a showing of good cause by the public school.76 (3)(A) The state board shall be authorized to take corrective action, including, but not77 limited to, withholding a portion of state funding to a public school, as provided for in78 Code Section 20-2-243, if such public school fails to comply with the provisions of this79 Code section or fails to correct the identified noncompliance.80 (B) If the state board notifies the public school that it is subject to the withholding of81 state funding pursuant to subparagraph (A) of this paragraph, such public school may82 bring an action against the board seeking appropriate relief from the superior court of83 the county where the public school is headquartered.84 (4) Upon any enforcement action, the K-12 Title VI Coordinator shall promptly notify85 the Governor, Lieutenant Governor, Speaker of the House of Repr esentatives, and86 chairpersons of the House Committee on Education and the Senate Education87 Committee."88 SECTION 3.89 Said title is further amended in Chapter 3, relating to postsecondary education, by adding a90 new Code section to read as follows:91 H. B. 1363 (SUB) - 4 - 26 LC 65 0083S "20-3-40.1.92 (a)(1) It is the intent of the General Assembly to ensure that no student, teacher, or93 employee in a public institution of higher education is subject ed to discrimination or94 harassment on the basis of race, ethnicity, national origin, or religion.95 (2) As used in this Code section, the term 'public institution of higher education' or96 'institution' means any college or university under the managem ent and control of the97 Board of Regents of the University System of Georgia.98 (b) No later than December 31, 2026, the board of regents shal l ensure that all public99 institutions of h igher education comprising the University Syst em of Georgia have100 established policies and procedures to:101 (1) Establish, maintain, and publicize a complaint submission process, available102 electronically and in writing, whereby students, faculty, staff , or others may report103 alleged violations of subsection (b) of Code Section 20-1-13;104 (2) Develop procedures for the implementation of this Code Section, which shall include,105 but not be limited to, ensuring complaints are handled in a tim ely manner, kept106 confidential, and investigated thoroughly and that retaliation is prohibited; and107 (3) Document and investigate complaints of discrimination and harassment and prepare108 written findings and conclusions.109 (c)(1) The board of regents shall be responsible for determini ng whether a public110 institution of higher education has failed to comply with the requirements of this Code111 section.112 (2) The board of regents shall be authorized to take corrective action, including, but not113 limited to, withholding state funding administered through the board of regents that114 benefits a public institution of higher education if such institution fails to comply with the115 provisions of this Code section or fails to correct noncompliance.116 (3) The board of regents shall make and publish an annual report and provide a copy to117 the Governor and Lieutenant Governor, Speaker of the House of R epresentatives, and118 H. B. 1363 (SUB) - 5 - 26 LC 65 0083S chairpersons of the House Committee on Higher Education and the Senate Higher119 Education Committee on July 1 of each year providing aggregate numbers of complaints,120 investigations, and findings related to enforcement of this Code section.121 (d) Nothing in this Code section shall be interpreted as preventing the board of regents, or122 any institution thereof, from complying with federal laws prohibiting discrimination and123 harassment or the federal Family Educational Rights and Privacy Act, 20 U.S.C. 1232g."124 SECTION 4.125 Said title is further amended in Chapter 4, relating to vocatio nal, technical, and adult126 education, by adding a new Code section to read as follows:127 "20-4-39.1.128 (a)(1) It is the intent of the General Assembly to ensure that no student, teacher, or129 employee in a public institution of higher education is subject ed to discrimination or130 harassment on the basis of race, ethnicity, national origin, or religion.131 (2) As used in this Code section, the term 'public institution of higher education' or132 'institution' means any postsecondary technical school or other postsecondary branch of133 the Technical College System of Georgia.134 (b) No later than December 31, 2026, the state board shall ensure that all units comprising135 the Technical College System of Georgia have established policies and procedures to:136 (1) Establish, maintain, and publicize a complaint submission process, available137 electronically and in writing, whereby students, faculty, staff , or others may report138 alleged violations of subsection (b) of Code Section 20-1-13;139 (2) Develop procedures for the implementation of this Code Section, which shall include,140 but not be limited to, ensuring complaints are handled in a tim ely manner, kept141 confidential, and investigated thoroughly and that retaliation is prohibited; and142 (3) Document and investigate complaints of discrimination and harassment and prepare143 written findings and conclusions.144 H. B. 1363 (SUB) - 6 - 26 LC 65 0083S (c)(1) The state board shall be responsible for determining whether a public institution145 of higher education has failed to comply with the requirements of this Code section.146 (2) The state board shall be authorized to take corrective act ion, including, but not147 limited to, withholding state funding administered through the state board that benefits148 a public institution of higher education if such institution fa ils to comply with the149 provisions of this Code section or fails to correct noncompliance.150 (3) The state board shall make and publish an annual report an d provide a copy to the151 Governor and Lieutenant Governor, Speaker of the House of Repre sentatives, and152 chairpersons of the House Committee on Higher Education and the Senate Higher153 Education Committee on July 1 of each year providing aggregate numbers of complaints,154 investigations, and findings related to enforcement of this Code section.155 (d) Nothing in this Code section shall be interpreted as preventing the state board, or any156 institution thereof, from complying with federal laws prohibiti ng discrimination and157 harassment or the federal Family Educational Rights and Privacy Act, 20 U.S.C. 1232g."158 SECTION 5.159 This Act shall become effective upon its approval by the Governor or upon its becoming law160 without such approval.161 SECTION 6.162 All laws and parts of laws in conflict with this Act are repealed.163 H. B. 1363 (SUB) - 7 -