HB2867

THE CONTEXT: On May 26, 2016, the 31 member states of the International Holocaust Remembrance Alliance (IHRA) adopted a non-legally binding working definition of antisemitism. Under the IHRA working definition, antisemitism means a certain perception of Jews, which may be expressed as hatred towards Jews.

WHAT THE BILL DID: The final vetoed version would prohibit a public school, teacher, principal, administrator or volunteer or contractor for a public school and a faculty member, administrator, employee, contractor or volunteer of a higher education institution from: a) teaching, instructing or training students, or promoting or providing professional development, in any antisemitism or anti-Semitic conduct that constitutes harassment or discrimination and that creates a hostile education or work environment; b) calling for the genocide of any group or the murder of members of a group; or c) requiring a student to advocate for an anti-Semitic point of view or promote anti-Semitic conduct to receive coursework credit across every subject area, to receive credits necessary for high school graduation or to complete a degree or certificate program, restricts public schools, teachers, higher education institutions and faculty members, employees and contractors of higher education institutions from: a) applying for, soliciting, receiving or using monies or in-kind goods or services from any source for: i; teaching, instructing or training students in antisemitism or anti-Semitic conduct; ii; developing, purchasing or acquiring a curriculum or course materials for a course that promotes antisemitism or anti-Semitic conduct; iii; providing training or professional development for a course that promotes antisemitism or anti-Semitic conduct; or iv; hiring or retaining a contractor for any of the aforementioned purposes; b) using any public monies to support the costs of teaching antisemitism or anti-Semitic conduct; c) providing grants or other monies to other public schools, teachers, higher education institutions or faculty members, employees or contractors of higher education institutions to support the costs of teaching antisemitism or anti-Semitic conduct; and d) accepting or using monies intended or required to be used to support the costs of teaching or promoting antisemitism or anti-Semitic conduct to public school students or students who are enrolled in the higher education institution, and prevents a public school and higher education institution from: a) taking any adverse employment action against a teacher, administrator or other employee or faculty member, administrator, employee or contractor because the individual refused to teach, promote, support, believe, endorse, embrace, confess, act on or otherwise assist antisemitism or anti-Semitic conduct; or b) requiring a teacher, administrator or other employee or faculty member, administrator, employee or contractor, as a condition of employment, to complete a curriculum that includes any antisemitism or anti-Semitic conduct.

WHY IT MATTERED: The practical reason for this bill was to set a clear legal boundary for antisemitism instead of leaving the conduct unaddressed. It would prohibit a public school, teacher, principal, administrator or volunteer or contractor for a public school and a faculty member, administrator, employee, contractor or volunteer of a higher education institution from: a) teaching, instructing or training students, or promoting or providing professional development, in any antisemitism or anti-Semitic conduct that constitutes harassment or discrimination and that creates a hostile education or work environment; b) calling for the genocide of any group or the murder of members of a group; or c) requiring a student to advocate for an anti-Semitic point of view or promote anti-Semitic conduct to receive coursework credit across every subject area, to receive credits necessary for high school graduation or to complete a degree or certificate program, and would also restricts public schools, teachers, higher education institutions and faculty members, employees and contractors of higher education institutions from: a) applying for, soliciting, receiving or using monies or in-kind goods or services from any source for: i. teaching, instructing or training students in antisemitism or anti-Semitic conduct; ii. developing, purchasing or acquiring a curriculum or course materials for a course that promotes antisemitism or anti-Semitic conduct; iii. providing training or professional development for a course that promotes antisemitism or anti-Semitic conduct; or iv. hiring or retaining a contractor for any of the aforementioned purposes; b) using any public monies to support the costs of teaching antisemitism or anti-Semitic conduct; c) providing grants or other monies to other public schools, teachers, higher education institutions or faculty members, employees or contractors of higher education institutions to support the costs of teaching antisemitism or anti-Semitic conduct; and d) accepting or using monies intended or required to be used to support the costs of teaching or promoting antisemitism or anti-Semitic conduct to public school students or students who are enrolled in the higher education institution, rather than leave the current rule unchanged.