Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 1272 Ì287692MÎ287692 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Gruters) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Present subsection (7) of section 1000.05, 6 Florida Statutes, is redesignated as subsection (8), a new 7 subsection (7) is added to that section, and paragraphs (a), 8 (b), (c), and (e) of subsection (2) are amended, to read: 9 1000.05 Discrimination against students and employees in 10 the Florida K-20 public education system prohibited; equality of 11 access required.— 12 (2)(a) Discrimination on the basis of race, ethnicity, 13 national origin, gender, disability, religion, or marital status 14 against a student or an employee in the state system of public 15 K-20 education is prohibited. No person in this state shall, on 16 the basis of race, ethnicity, national origin, gender, 17 disability, religion, or marital status, be excluded from 18 participation in, be denied the benefits of, or be subjected to 19 discrimination under any public K-20 education program or 20 activity, or in any employment conditions or practices, 21 conducted by a public educational institution that receives or 22 benefits from federal or state financial assistance. 23 (b) The criteria for admission to a program or course shall 24 not have the effect of restricting access by persons of a 25 particular race, ethnicity, national origin, gender, disability, 26 religion, or marital status. 27 (c) All public K-20 education classes shall be available to 28 all students without regard to race, ethnicity, national origin, 29 gender, disability, religion, or marital status; however, this 30 is not intended to eliminate the provision of programs designed 31 to meet the needs of students with limited proficiency in 32 English, gifted students, or students with disabilities or 33 programs tailored to students with specialized talents or 34 skills. 35 (e) Guidance services, counseling services, and financial 36 assistance services in the state public K-20 education system 37 shall be available to students equally. Guidance and counseling 38 services, materials, and promotional events shall stress access 39 to academic and career opportunities for students without regard 40 to race, ethnicity, national origin, gender, disability, 41 religion, or marital status. 42 (7) A public K-20 educational institution must treat 43 discrimination by students or employees or resulting from 44 institutional policies motivated by anti-Semitic intent in an 45 identical manner to discrimination motivated by race. For 46 purposes of this section, the term “anti-Semitism” includes a 47 certain perception of the Jewish people, which may be expressed 48 as hatred toward Jewish people, rhetorical and physical 49 manifestations of anti-Semitism directed toward a person, his or 50 her property, or toward Jewish community institutions or 51 religious facilities. 52 (a) Examples of anti-Semitism include: 53 1. Calling for, aiding, or justifying the killing or 54 harming of Jews, often in the name of a radical ideology or an 55 extremist view of religion. 56 2. Making mendacious, dehumanizing, demonizing, or 57 stereotypical allegations about Jews as such or the power of 58 Jews as a collective, especially, but not exclusively, the myth 59 about a world Jewish conspiracy or of Jews controlling the 60 media, economy, government, or other societal institutions. 61 3. Accusing Jews as a people of being responsible for real 62 or imagined wrongdoings committed by a single Jewish person or 63 group, the State of Israel, or even for acts committed by non 64 Jews. 65 4. Accusing Jews as a people or the State of Israel of 66 inventing or exaggerating the Holocaust. 67 5. Accusing Jewish citizens of being more loyal to Israel, 68 or the alleged priorities of Jews worldwide, than to the 69 interest of their own nations. 70 (b) Examples of anti-Semitism related to Israel include: 71 1. Demonizing Israel by using the symbols and images 72 associated with classic anti-Semitism to characterize Israel or 73 Israelis, drawing comparisons of contemporary Israeli policy to 74 that of the Nazis, or blaming Israel for all interreligious or 75 political tensions. 76 2. Applying a double standard to Israel by requiring 77 behavior of Israel that is not expected or demanded of any other 78 democratic nation, or focusing peace or human rights 79 investigations only on Israel. 80 3. Delegitimizing Israel by denying the Jewish people their 81 right to self-determination and denying Israel the right to 82 exist. 83 84 However, criticism of Israel that is similar to criticism toward 85 any other country may not be regarded as anti-Semitic. 86 (c) Nothing in this subsection shall be construed to 87 diminish or infringe upon any right protected under the First 88 Amendment to the United States Constitution, or the State 89 Constitution. Nothing in this subsection shall be construed to 90 conflict with federal or state discrimination laws. 91 Section 2. Subsection (7) of section 1002.20, Florida 92 Statutes, is amended to read: 93 1002.20 K-12 student and parent rights.—Parents of public 94 school students must receive accurate and timely information 95 regarding their child’s academic progress and must be informed 96 of ways they can help their child to succeed in school. K-12 97 students and their parents are afforded numerous statutory 98 rights including, but not limited to, the following: 99 (7) NONDISCRIMINATION.—All education programs, activities, 100 and opportunities offered by public educational institutions 101 must be made available without discrimination on the basis of 102 race, ethnicity, national origin, gender, disability, religion, 103 or marital status, in accordance with the provisions of s. 104 1000.05. 105 Section 3. This act shall take effect upon becoming a law. 106 107 ================= T I T L E A M E N D M E N T ================ 108 And the title is amended as follows: 109 Delete everything before the enacting clause 110 and insert: 111 A bill to be entitled 112 An act relating to anti-Semitism; amending s. 1000.05, 113 F.S.; prohibiting discrimination in the Florida K-20 114 public education system based on religion; requiring 115 public K-20 educational institutions to take into 116 consideration anti-Semitism under certain instances of 117 discrimination; defining the term “anti-Semitism”; 118 providing an exception; providing construction; 119 amending s. 1002.20, F.S.; conforming provisions to 120 changes made by the act; providing an effective date.