§ 5A-103

Discrimination and harassment based on race, color, or national origin; and retaliation. (a) The General Assembly finds that harassment and discrimination based on race, color, or national origin has a detrimental influence in schools, contributing to psychological and physical harm and poorer academic outcomes for students of color, and higher rates of teacher turnover among teachers of color. It is the General Assembly's intent that each institution of elementary and secondary education in the State adopt and actively implement policies to reduce and respond effectively to harassment and discrimination based on race, color, and national origin; to provide students, parents or guardians, and employees information on how to recognize and report harassment and discrimination; and, for students, parents or guardians, and employees, to report harassment and discrimination based on race, color, or national origin without fear of retaliation, loss of status, or loss of opportunities. (b) The Department shall produce a model training program aimed at the prevention of discrimination and harassment based on race, color, and national origin in institutions of elementary and secondary education. The model program shall be made available to institutions of elementary and secondary education and to the public online at no cost. This model program shall regard participants as potential bystanders, rather than potential offenders, and include, at a minimum, the following: (1) a primary focus on preventing discrimination and harassment based on race, color, and national origin and retaliation; (2) an explanation of discrimination and harassment based on race, color, and national origin and retaliation; (3) examples of conduct that constitutes discrimination and harassment based on race, color, and national origin and retaliation; (4) an explanation, with examples, of how patterns of conduct can, taken together over time, rise to the level of bullying, harassment, or discrimination; (5) an explanation of the difference between discrimination based on disparate treatment and discrimination based on disparate impact; (6) a summary of other classes that are protected from harassment and discrimination, and a statement that training intended to improve recognition of discrimination and harassment based on race, color, and national origin does not diminish protections under the law for other protected classes; (7) an explanation of the difference between harassment as defined under this Act and bullying; (8) a summary of relevant federal and State statutory protections and remedies available to victims concerning discrimination and harassment based on race, color, and national origin, and retaliation, including, but not limited to, a summary of this Act's protections from discrimination, harassment and retaliation in the following contexts: (a) students toward other students; (b) teachers and other employees of an elementary or secondary school toward students; (c) students toward teachers and other employees of an elementary or secondary school; and (d) teachers and other employees of an elementary or secondary school toward other teachers and employees of an elementary or secondary school. (9) directions on how to contact the Department if a school fails to take corrective action to stop the harassment or discrimination; (10) a summary of responsibilities of institutions of elementary or secondary education in the prevention, investigation, and corrective measures of discrimination, harassment, and retaliation, including, but not limited to, explanation of responsibilities in the following contexts: (a) students toward other students; (b) teachers and other employees of an elementary or secondary school toward students; (c) students toward teachers and other employees of an elementary or secondary school; and (d) teachers and other employees of an elementary or secondary school toward other teachers and employees of an elementary or secondary school; and (11) an explanation of the liability for discrimination, harassment, and retaliation under this Act. (c) Every institution of elementary or secondary education in this State shall use the model training program developed by the Department, establish its own training program that equals or exceeds the minimum standards set forth in subsection (b), or use an existing discrimination and harassment prevention training program that equals or exceeds the minimum standards set forth in subsection (b). The training program shall be provided as a component of all new employee training programs for elementary and secondary education representatives and to existing representatives at least once every 2 years. For the purposes of satisfying the requirements under this Section, the Department's model program may be used to supplement any existing program an institution of elementary or secondary education is utilizing or develops. (d) Upon notification of a violation of subsection (c), the Department may launch a preliminary investigation. If the Department finds a violation of this Section, the Department may issue a notice to show cause, giving the institution of elementary or secondary education 30 days to correct the violation. If the institution of elementary or secondary education does not correct the violation within 30 days, the Department may initiate a charge of a civil rights violation.

Legislative History

(Source: P.A. 103-472, eff. 8-1-24 .)