Federal

Protecting Students From Racial Hostility Act

Source: Congress.gov · 1,146 words in original text

What This Bill Does

This bill changes the Civil Rights Act of 1964 to make it illegal for schools to use certain teaching methods that create a "racially hostile environment" (an environment where someone feels scared or treated unfairly because of their race). The bill also requires schools and education agencies to report complaints about these teaching methods to state officials and the federal government.

Who It Affects

Elementary schools, secondary schools (middle and high schools), and colleges that receive federal funding. State education agencies. State attorneys general. The Secretary of Education. Students and educators who experience or report discrimination based on race.

Key Provisions

- Schools cannot use curriculum, teaching methods, or counseling that promotes certain concepts about race and creates a racially hostile environment in schools (Sec. 2) - The bill lists nine specific concepts the law considers "divisive" (meaning they divide people based on race), including teaching that one race is superior to another, that the United States is fundamentally racist, that people should feel guilt based on their race, or that hard work and merit are racist (Sec. 2) - Schools and school districts must report complaints about these teaching methods to their state education agency or state higher education agency (Sec. 3) - The Secretary of Education must prepare a yearly report to Congress about all complaints received under this law (Sec. 3) - Anyone who threatens, intimidates, or punishes a person for making a complaint or participating in an investigation under this law is also breaking it (Sec. 2)

What Changes

If this becomes law, schools could face complaints and enforcement action if they teach any of the nine listed concepts about race in ways that create a racially hostile environment. State attorneys general would receive reports of these complaints. The federal government would track these complaints through yearly reports to Congress.

Important Definitions

"Race stereotyping" means saying that certain character traits, values, or beliefs belong to a whole race or to individuals because of their race. "Race scapegoating" means blaming a race or members of a race for something because of their race. "Racially hostile environment" means a situation where someone is scared, treated unfairly, or prevented from participating in school because of their race. "Promotion of a divisive concept" means teaching concepts like one race being superior to another, or saying people should feel guilt because of their race.

Effective Date

Not specified in bill text

II 118TH CONGRESS 1ST SESSION S. 193 To amend title VI of the Civil Rights Act of 1964 to protect students from racial hostility, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 31, 2023 Mr. RUBIO (for himself and Mr. BRAUN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend title VI of the Civil Rights Act of 1964 to protect students from racial hostility, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protecting Students 4 From Racial Hostility Act’’. 5 SEC. 2. DISCRIMINATION. 6 Section 601 of the Civil Rights Act of 1964 (42 7 U.S.C. 2000d) is amended— 8 (1) by striking ‘‘No’’ and inserting the fol- 9 lowing: 10 VerDate Sep 11 2014 20:09 Feb 10, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S193.IS S193 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 193 IS ‘‘(a) No’’; and 1 (2) by adding at the end the following: 2 ‘‘(b) For purposes of subsection (a), use of a cur- 3 riculum, or teaching or counseling, that promotes a divi- 4 sive concept under a program or activity described in sub- 5 section (a) relating to elementary, secondary, or postsec- 6 ondary education and that results in a racially hostile envi- 7 ronment in an educational setting shall be considered to 8 be discrimination under that program or activity. 9 ‘‘(c) Any intimidation, threat, coercion, or discrimina- 10 tion against any individual for the purpose of interfering 11 with any right or privilege secured by this section, or be- 12 cause the individual has made a complaint, testified, as- 13 sisted, or participated in any manner in an investigation, 14 proceeding or hearing under this section, shall be consid- 15 ered to be discrimination under the program or activity 16 involved. 17 ‘‘(d) In this section: 18 ‘‘(1) The term ‘promotion’, used with respect to 19 a divisive concept, means race stereotyping or race 20 scapegoating, or promotion of one or more of the fol- 21 lowing concepts: 22 ‘‘(A) One race is inherently superior to an- 23 other race. 24 VerDate Sep 11 2014 20:09 Feb 10, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S193.IS S193 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 193 IS ‘‘(B) The United States is fundamentally 1 racist. 2 ‘‘(C) An individual, by virtue of the indi- 3 vidual’s race, is inherently racist or oppressive, 4 whether consciously or unconsciously. 5 ‘‘(D) An individual should be discriminated 6 against or receive adverse treatment solely or 7 partly because of the individual’s race. 8 ‘‘(E) Members of one race cannot and 9 should not attempt to treat others without re- 10 spect to race. 11 ‘‘(F) An individual’s moral character is 12 necessarily determined by the individual’s race. 13 ‘‘(G) An individual, by virtue of the indi- 14 vidual’s race, bears responsibility for actions 15 committed in the past by other members of the 16 same race. 17 ‘‘(H) Any individual should feel discomfort, 18 guilt, anguish, or any other form of psycho- 19 logical distress on account of the individual’s 20 race. 21 ‘‘(I) Meritocracy or traits such as a hard 22 work ethic are racist, or were created by a par- 23 ticular race to oppress another race. 24 VerDate Sep 11 2014 20:09 Feb 10, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S193.IS S193 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 193 IS ‘‘(2) The term ‘race scapegoating’ means as- 1 signing fault, blame, or bias to a race, or to mem- 2 bers of a race because of their race. 3 ‘‘(3) The term ‘race stereotyping’ means ascrib- 4 ing character traits, values, moral and ethical codes, 5 privileges, status, or beliefs to a race, or to an indi- 6 vidual because of the individual’s race. 7 ‘‘(4) The term ‘racially hostile environment’ 8 means— 9 ‘‘(A) a situation of racial discrimination 10 that has occurred and created an adverse set- 11 ting; 12 ‘‘(B) a racially intimidating or racially of- 13 fensive environment that causes a person to be 14 fearful; or 15 ‘‘(C) a setting that denies, limits, or inter- 16 feres with, on the basis of race, a person’s abil- 17 ity to participate in or benefit from a program 18 or activity.’’. 19 SEC. 3. REPORTS. 20 Section 602 of the Civil Rights Act of 1964 (42 21 U.S.C. 2000d–1) is amended— 22 (1) by striking ‘‘Each’’ and inserting the fol- 23 lowing: 24 ‘‘(a) Each’’; and 25 VerDate Sep 11 2014 20:09 Feb 10, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S193.IS S193 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 193 IS (2) by adding at the end the following: 1 ‘‘(b)(1) Any State educational agency that is the sub- 2 ject of a complaint under this title, or that receives infor- 3 mation about a complaint from an entity under paragraph 4 (2)(A), shall report the complaint involved to the Attorney 5 General of the State. Any State higher education agency 6 that is the subject of a complaint under this title, or that 7 receives information about a complaint from an entity 8 under paragraph (2)(B), shall report the complaint in- 9 volved to the Attorney General of the State. 10 ‘‘(2) Any division of a State, a local government in 11 the State, or an entity in the State covered by any of para- 12 graphs (1) through (4) of section 606, that is the subject 13 of a complaint under this title shall— 14 ‘‘(A) if engaged in the business of providing ele- 15 mentary or secondary education, inform the State 16 educational agency of the complaint; and 17 ‘‘(B) if engaged in the business of providing 18 postsecondary education, inform the State higher 19 education agency of the complaint. 20 ‘‘(3) In this subsection, the term ‘State educational 21 agency’ has the meaning given the term in section 8101 22 of the Elementary and Secondary Education Act of 1965 23 (20 U.S.C. 7801). 24 VerDate Sep 11 2014 20:09 Feb 10, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S193.IS S193 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 193 IS ‘‘(c) The Secretary of Education shall annually pre- 1 pare and submit a report to Congress on the nature of 2 any complaints received under section 601 and described 3 in section 601(b).’’. 4 Æ VerDate Sep 11 2014 20:09 Feb 10, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S193.IS S193 pbinns on DSKJLVW7X2PROD with $$_JOB

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