Text of MT HB 361 (2023)

**** 68th Legislature 2023 HB 361.1 - 1 - Authorized Print Version – HB 361 HOUSE BILL NO. 361 1 INTRODUCED BY B. LER, S. GUNDERSON, C. KNUDSEN, S. ESSMANN, B. MITCHELL, P. FIELDER, J. 2 HINKLE, A. REGIER, K. SEEKINS-CROWE, R. MARSHALL, C. HINKLE, J. BERGSTROM, M. YAKAWICH, B. 3 BROWN, J. FULLER, B. USHER, C. GLIMM, P. GREEN, G. KMETZ, D. ZOLNIKOV, R. MINER, J. TREBAS, B. 4 PHALEN, L. DEMING, T. SMITH, N. DURAM, R. KNUDSEN 5 6 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS REGARDING DISCRIMINATORY PRACTICES 7 IN EDUCATION; PROVIDING THAT IT IS NOT A DISCRIMINATORY PRACTICE FOR A STUDENT TO CALL 8 A STUDENT BY THE STUDENT'S LEGAL NAME OR REFERENCE THE STUDENT BY THE STUDENT'S 9 SEX; AMENDING SECTION 49-2-307, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.” 10 11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: 12 13 NEW SECTION. Section 1. Certain district policies prohibited. The trustees of a school district 14 may not adopt a policy that subjects a student to disciplinary action for behavior that is not considered an 15 unlawful discriminatory practice pursuant to 49-2-307(2). 16 17 Section 2. Section 49-2-307, MCA, is amended to read: 18 "49-2-307. Discrimination in education. (1) It is an unlawful discriminatory practice for an 19 educational institution: 20 (1)(a) to exclude, expel, limit, or otherwise discriminate against an individual seeking admission as a 21 student or an individual enrolled as a student in the terms, conditions, or privileges of the institution because of 22 race, creed, religion, sex, marital status, color, age, physical disability, or national origin or because of mental 23 disability, unless based on reasonable grounds; 24 (2)(b) to make or use a written or oral inquiry or form of application for admission that elicits or 25 attempts to elicit information or to make or keep a record concerning the race, color, sex, marital status, age, 26 creed, religion, physical or mental disability, or national origin of an applicant for admission, except as permitted 27 by regulations of the commission; 28 (Primary Sponsor) **** 68th Legislature 2023 HB 361.1 - 2 - Authorized Print Version – HB 361 (3)(c) to print, publish, or cause to be printed or published a catalog or other notice or advertisement 1 indicating a limitation, specification, or discrimination based on the race, color, creed, religion, age, physical or 2 mental disability, sex, marital status, or national origin of an applicant for admission; or 3 (4)(d) to announce or follow a policy of denial or limitation of educational opportunities of a group or 4 its members, through a quota or otherwise, because of race, color, sex, marital status, age, creed, religion, 5 physical or mental disability, or national origin. 6 (2) For the purposes of this section, it is not an unlawful discriminatory practice for a student to: 7 (a) call another student by the student's legal name; or 8 (b) refer to another student by the student's sex." 9 10 NEW SECTION. Section 3. Codification instruction. [Section 1] is intended to be codified as an 11 integral part of Title 20, chapter 1, part 2, and the provisions of Title 20, chapter 1, part 2, apply to [section 1]. 12 13 NEW SECTION. Section 4. Effective date. [This act] is effective on passage and approval. 14 - END - 15

- 2023 68th Legislature 2023 HB0361 - 1 - Authorized Print Version – HB 361 ENROLLED BILL AN ACT REVISING LAWS REGARDING DISCRIMINATORY PRACTICES IN EDUCATION; PROVIDING THAT IT IS NOT A DISCRIMINATORY PRACTICE FOR A STUDENT TO CALL A STUDENT BY THE STUDENT'S LEGAL NAME OR REFERENCE THE STUDENT BY THE STUDENT'S SEX; AMENDING SECTION 49-2-307, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 1. Certain district policies prohibited. The trustees of a school district may not adopt a policy that subjects a student to disciplinary action for behavior that is not considered an unlawful discriminatory practice pursuant to 49-2-307(2), if the behavior does not rise to the definition of bullying as provided in 20-5- 208. Section 2. Section 49-2-307, MCA, is amended to read: "49-2-307. Discrimination in education. (1) It is an unlawful discriminatory practice for an educational institution: (1)(a) to exclude, expel, limit, or otherwise discriminate against an individual seeking admission as a student or an individual enrolled as a student in the terms, conditions, or privileges of the institution because of race, creed, religion, sex, marital status, color, age, physical disability, or national origin or because of mental disability, unless based on reasonable grounds; (2)(b) to make or use a written or oral inquiry or form of application for admission that elicits or attempts to elicit information or to make or keep a record concerning the race, color, sex, marital status, age, creed, religion, physical or mental disability, or national origin of an applicant for admission, except as permitted by regulations of the commission; (3)(c) to print, publish, or cause to be printed or published a catalog or other notice or advertisement - 2023 68th Legislature 2023 HB0361 - 2 - Authorized Print Version – HB 361 ENROLLED BILL indicating a limitation, specification, or discrimination based on the race, color, creed, religion, age, physical or mental disability, sex, marital status, or national origin of an applicant for admission; or (4)(d) to announce or follow a policy of denial or limitation of educational opportunities of a group or its members, through a quota or otherwise, because of race, color, sex, marital status, age, creed, religion, physical or mental disability, or national origin. (2) For the purposes of this section, it is not an unlawful discriminatory practice for a student to: (a) call another student by the student's legal name; or (b) refer to another student by the student's sex." Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 20, chapter 1, part 2, and the provisions of Title 20, chapter 1, part 2, apply to [section 1]. Section 4. Effective date. [This act] is effective on passage and approval. - END - I hereby certify that the within bill, HB 361, originated in the House. ___________________________________________ Chief Clerk of the House ___________________________________________ Speaker of the House Signed this _______________________________day of____________________________________, 2023. ___________________________________________ President of the Senate Signed this _______________________________day of____________________________________, 2023. HOUSE BILL NO. 361 INTRODUCED BY B. LER, S. GUNDERSON, C. KNUDSEN, S. ESSMANN, B. MITCHELL, P. FIELDER, J. HINKLE, A. REGIER, K. SEEKINS-CROWE, R. MARSHALL, C. HINKLE, J. BERGSTROM, M. YAKAWICH, B. BROWN, J. FULLER, B. USHER, C. GLIMM, P. GREEN, G. KMETZ, D. ZOLNIKOV, R. MINER, J. TREBAS, B. PHALEN, L. DEMING, T. SMITH, N. DURAM, R. KNUDSEN AN ACT REVISING LAWS REGARDING DISCRIMINATORY PRACTICES IN EDUCATION; PROVIDING THAT IT IS NOT A DISCRIMINATORY PRACTICE FOR A STUDENT TO CALL A STUDENT BY THE STUDENT'S LEGAL NAME OR REFERENCE THE STUDENT BY THE STUDENT'S SEX; AMENDING SECTION 49-2-307, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.