Florida Senate - 2023 SB 590
By Senator Powell
24-00382-23 2023590__
1 A bill to be entitled
2 An act relating to prohibited discrimination based on
3 hairstyle; providing a short title; amending s.
4 1000.05, F.S.; defining the term “protected
5 hairstyle”; prohibiting discrimination based on
6 protected hairstyle in the K-20 public education
7 system; amending s. 1002.20, F.S.; defining the terms
8 “race” and “protective hairstyles” for purposes of
9 public K-12 nondiscrimination requirements; amending
10 s. 1002.421, F.S.; defining the terms “race” and
11 “protective hairstyles” for purposes of
12 antidiscrimination requirements for private schools
13 participating in the state school choice scholarship
14 program; providing an effective date.
15
16 WHEREAS, the history of our nation is riddled with laws and
17 societal norms that characterized “blackness” and its associated
18 physical traits as inferior to European physical features, and
19 WHEREAS, this idea also permeates a societal understanding
20 of professionalism which was, and still is, closely linked to
21 European features and mannerisms, and which entails that those
22 who do not naturally conform to Eurocentric norms must alter
23 their appearance to meet such norms in order to be considered
24 professional, and
25 WHEREAS, hair has been, and remains, a rampant source of
26 racial discrimination that has caused serious economic and
27 health ramifications, and
28 WHEREAS, school dress code policies that prohibit natural
29 hair, including afros, and certain hairstyles, such as braids,
30 locks, and twists, have a disparate impact on black students, as
31 these policies are more likely to burden or punish black
32 students compared to other groups, and
33 WHEREAS, federal courts accept that Title VII of the Civil
34 Rights Act of 1964 prohibits discrimination based on race and
35 therefore protects against discrimination against the natural
36 presentation of black hair, including afros, braids, locks, and
37 twists, NOW, THEREFORE,
38
39 Be It Enacted by the Legislature of the State of Florida:
40
41 Section 1. This act may be cited as the “Creating a
42 Respectful and Open World for Natural Hair Act” or “CROWN Act.”
43 Section 2. Subsection (2) of section 1000.05, Florida
44 Statutes, is amended to read:
45 1000.05 Discrimination against students and employees in
46 the Florida K-20 public education system prohibited; equality of
47 access required.—
48 (2)(a) As used in this section, the term “protected
49 hairstyle” means hair characteristics historically associated
50 with race, such as hair texture and styles, including, but not
51 limited to, afros, braids, locks, or twists.
52 (b) Discrimination on the basis of race, color, national
53 origin, sex, disability, religion, or marital status against a
54 student or an employee in the state system of public K-20
55 education is prohibited. No person in this state shall, on the
56 basis of race, color, national origin, sex, disability,
57 religion, or marital status, be excluded from participation in,
58 be denied the benefits of, or be subjected to discrimination
59 under any public K-20 education program or activity, or in any
60 employment conditions or practices, conducted by a public
61 educational institution that receives or benefits from federal
62 or state financial assistance. Additionally, discrimination on
63 the basis of a protected hairstyle against a student in the
64 state system of public K-20 education is prohibited. A student
65 may not be excluded from participation in, denied the benefits
66 of, or subjected to discrimination under any public K-20
67 education program or activity on the basis of a protected
68 hairstyle.
69 (c)(b) The criteria for admission to a program or course
70 shall not have the effect of restricting access by students
71 persons of a particular race, color, national origin, sex,
72 disability, religion, or marital status, or with a protected
73 hairstyle.
74 (d)(c) All public K-20 education classes shall be available
75 to all students without regard to race, color, protected
76 hairstyle, national origin, sex, disability, religion, or
77 marital status; however, this is not intended to eliminate the
78 provision of programs designed to meet the needs of students
79 with limited proficiency in English, gifted students, or
80 students with disabilities or programs tailored to students with
81 specialized talents or skills.
82 (e)(d) Students may be separated by sex for a single-gender
83 program as provided under s. 1002.311, for any portion of a
84 class that deals with human reproduction, or during
85 participation in bodily contact sports. For the purpose of this
86 section, bodily contact sports include wrestling, boxing, rugby,
87 ice hockey, football, basketball, and other sports in which the
88 purpose or major activity involves bodily contact.
89 (f)(e) Guidance services, counseling services, and
90 financial assistance services in the state public K-20 education
91 system shall be available to students equally. Guidance and
92 counseling services, materials, and promotional events shall
93 stress access to academic and career opportunities for students
94 without regard to race, color, protected hairstyle, national
95 origin, sex, disability, religion, or marital status.
96 Section 3. Subsection (7) of section 1002.20, Florida
97 Statutes, is amended to read:
98 1002.20 K-12 student and parent rights.—Parents of public
99 school students must receive accurate and timely information
100 regarding their child’s academic progress and must be informed
101 of ways they can help their child to succeed in school. K-12
102 students and their parents are afforded numerous statutory
103 rights including, but not limited to, the following:
104 (7) NONDISCRIMINATION.—All education programs, activities,
105 and opportunities offered by public educational institutions
106 must be made available without discrimination on the basis of
107 race, ethnicity, national origin, gender, disability, religion,
108 or marital status, in accordance with the provisions of s.
109 1000.05. For purposes of this subsection, the term “race” is
110 inclusive of traits historically associated with race,
111 including, but not limited to, hair texture, hair type, and
112 protective hairstyles. The term “protective hairstyles”
113 includes, but is not limited to, braids, locks, or twists.
114 Section 4. Paragraph (a) of subsection (1) of section
115 1002.421, Florida Statutes, is amended to read:
116 1002.421 State school choice scholarship program
117 accountability and oversight.—
118 (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
119 school participating in an educational scholarship program
120 established pursuant to this chapter must be a private school as
121 defined in s. 1002.01(2) in this state, be registered, and be in
122 compliance with all requirements of this section in addition to
123 private school requirements outlined in s. 1002.42, specific
124 requirements identified within respective scholarship program
125 laws, and other provisions of Florida law that apply to private
126 schools, and must:
127 (a) Comply with the antidiscrimination provisions of 42
128 U.S.C. s. 2000d. For purposes of this paragraph, the term “race”
129 as used in 42 U.S.C. s. 2000d is inclusive of traits
130 historically associated with race, including, but not limited
131 to, hair texture, hair type, and protective hairstyles. The term
132 “protective hairstyles” includes, but is not limited to, braids,
133 locks, or twists.
134
135 The department shall suspend the payment of funds to a private
136 school that knowingly fails to comply with this subsection, and
137 shall prohibit the school from enrolling new scholarship
138 students, for 1 fiscal year and until the school complies. If a
139 private school fails to meet the requirements of this subsection
140 or has consecutive years of material exceptions listed in the
141 report required under paragraph (q), the commissioner may
142 determine that the private school is ineligible to participate
143 in a scholarship program.
144 Section 5. This act shall take effect July 1, 2023.