Text of MO HB 75 (2023)

FIRST REGULAR SESSION HOUSE BILL NO. 75 102ND GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE KELLEY (127). 0127H.01I DANA RADEMAN MILLER, Chief Clerk AN ACT To amend chapters 170 and 173, RSMo, by adding thereto two new sections relating to discrimination in education, with an emergency clause. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Chapters 170 and 173, RSMo, are amended by adding thereto two new 2 sections, to be known as sections 170.348 and 173.2171, to read as follows: 170.348. 1. As used in this section, "public school" has the same definition as in 2 section 160.011. 3 2. (1) No pupil in any public school shall be required to engage in any form of 4 mandatory gender or sexual diversity training or counseling. Any orientation or 5 requirement that presents any form of race or sex stereotyping or a bias on the basis of 6 race or sex is prohibited. 7 (2) This subsection shall not be construed to prohibit voluntary counseling. 8 3. (1) No teacher, administrator, or other employee of a school district or public 9 school shall require or make part of a course the concept that: 10 (a) One race or sex is inherently superior to another race or sex; 11 (b) An individual, by virtue of the individual's race or sex, is inherently racist, 12 sexist, or oppressive, whether consciously or unconsciously; 13 (c) An individual should be discriminated against or receive adverse treatment 14 solely or partly because of the individual's race or sex; 15 (d) Members of one race or sex cannot and should not attempt to treat others 16 without respect to race or sex; EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. 17 (e) An individual's moral character is necessarily determined by the individual's 18 race or sex; 19 (f) An individual, by virtue of the individual's race or sex, bears responsibility 20 for actions committed in the past by other members of the same race or sex; 21 (g) An individual should feel discomfort, guilt, anguish, or any other form of 22 psychological distress on account of the individual's race or sex; or 23 (h) Meritocracy or traits such as a strong work ethic are racist or sexist or were 24 created by members of a particular race to oppress members of another race. 25 (2) This subsection shall not be construed to prohibit the teaching of concepts 26 that align with the academic performance standards, learning standards, or the 27 statewide assessment system as established in chapter 160. 28 4. The state board of education may promulgate all necessary rules and 29 regulations for the administration of this section. Any rule or portion of a rule, as that 30 term is defined in section 536.010, that is created under the authority delegated in this 31 section shall become effective only if it complies with and is subject to all of the 32 provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 33 536 are nonseverable and if any of the powers vested with the general assembly 34 pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul 35 a rule are subsequently held unconstitutional, then the grant of rulemaking authority 36 and any rule proposed or adopted after August 28, 2023, shall be invalid and void. 173.2171. 1. As used in this section, "institution of higher education" means any 2 approved public institution as defined in section 173.1102. 3 2. (1) No enrolled student of an institution of higher education shall be required 4 to engage in any form of mandatory gender or sexual diversity training or counseling. 5 Any orientation or requirement that presents any form of race or sex stereotyping or a 6 bias on the basis of race or sex is prohibited. 7 (2) This subsection shall not be construed to prohibit voluntary counseling. 8 3. No employee of an institution of higher education shall require or make part 9 of a course the concept that: 10 (1) One race or sex is inherently superior to another race or sex; 11 (2) An individual, by virtue of the individual's race or sex, is inherently racist, 12 sexist, or oppressive, whether consciously or unconsciously; 13 (3) An individual should be discriminated against or receive adverse treatment 14 solely or partly because of the individual's race or sex; 15 (4) Members of one race or sex cannot and should not attempt to treat others 16 without respect to race or sex; HB 75 2 17 (5) An individual's moral character is necessarily determined by the individual's 18 race or sex; 19 (6) An individual, by virtue of the individual's race or sex, bears responsibility 20 for actions committed in the past by other members of the same race or sex; 21 (7) An individual should feel discomfort, guilt, anguish, or any other form of 22 psychological distress on account of the individual's race or sex; or 23 (8) Meritocracy or traits such as a strong work ethic are racist or sexist or were 24 created by members of a particular race to oppress members of another race. 25 4. The coordinating board for higher education may promulgate all necessary 26 rules and regulations for the administration of this section. Any rule or portion of a 27 rule, as that term is defined in section 536.010, that is created under the authority 28 delegated in this section shall become effective only if it complies with and is subject to 29 all of the provisions of chapter 536 and, if applicable, section 536.028. This section and 30 chapter 536 are nonseverable and if any of the powers vested with the general assembly 31 pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul 32 a rule are subsequently held unconstitutional, then the grant of rulemaking authority 33 and any rule proposed or adopted after August 28, 2023, shall be invalid and void. Section B. Because immediate action is necessary to prohibit discrimination in 2 education, section A of this act is deemed necessary for the immediate preservation of the 3 public health, welfare, peace, and safety, and is hereby declared to be an emergency act within 4 the meaning of the constitution, and section A of this act shall be in full force and effect upon 5 its passage and approval. ✔ HB 75 3