Minnesota Legislature
HF 2019
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/20/2023 12:21pm
Current Version - as introduced
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A bill for an act
relating to education; prohibiting the teaching of racist or sexist concepts; creating
private rights of action; proposing coding for new law in Minnesota Statutes,
chapters 120B; 136F.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[120B.2351] TEACHING RACIAL, GENDER, AND UNIVERSAL
EQUITY.
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new text begin Subdivision 1. new text end
new text begin Definition. new text end
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For purposes of this section, "racist or sexist concept" includes
any of the following concepts:
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(1) one race or sex is inherently superior to another race or sex;
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(2) an individual, by virtue of race or sex, is inherently racist, sexist, or oppressive,
whether consciously or unconsciously;
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(3) an individual should be discriminated against or receive adverse treatment due to
the individual's race or sex;
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(4) an individual should receive favorable treatment due to the individual's race or sex;
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(5) an individual or institution cannot or should not treat individuals without regard to
race or sex;
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(6) an individual's moral character is determined by the individual's race or sex;
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(7) an individual, by virtue of the individual's race or sex, bears responsibility for actions
committed in the past by members of the individual's race or sex;
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(8) meritocracy or merit-based systems are either racist or sexist; and
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(9) the United States or the state is fundamentally racist or sexist.
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new text begin Subd. 2. new text end
new text begin Instructional prohibitions. new text end
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No school district or charter school may:
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(1) teach, advocate, or encourage the adoption of a racist or sexist concept while
instructing students;
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(2) penalize or treat adversely a student who refuses to adopt or express any racist or
sexist concept;
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(3) host, pay, or provide a venue for a speaker who espouses, advocates, or promotes
any racist or sexist concept;
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(4) require a student to read, view, or listen to a book, article, video presentation, digital
presentation, or other learning material that espouses, advocates, or promotes a racist or
sexist concept; or
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(5) contract with a company, nonprofit organization, or state or local government entity
to take any action prohibited in clauses (1) to (4).
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new text begin Subd. 3. new text end
new text begin Private cause of action. new text end
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A resident of the state has standing and a private cause
of action to file a civil complaint in a district court against a school district or charter school
claiming that it has violated a provision of this act. If a court finds that the school district
or charter school has violated a provision of this act, the court shall enjoin the violating
school district or charter school from receiving funding from the state in the following fiscal
year and shall award costs and attorney fees to the complainant.
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new text begin Subd. 4. new text end
new text begin Severability. new text end
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The provisions of this section are severable. If any provision of
this section or its application to any person or circumstance is held invalid, the invalidity
shall not affect other provisions or applications of this section which can be given effect
without the invalid provision or application.
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Sec. 2.
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[136F.33] TEACHING RACIAL, GENDER, AND UNIVERSAL EQUITY.
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new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For purposes of this section, "racist or sexist concept" includes
any of the following concepts:
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(1) one race or sex is inherently superior to another race or sex;
new text end
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(2) an individual, by virtue of race or sex, is inherently racist, sexist, or oppressive,
whether consciously or unconsciously;
new text end
new text begin
(3) an individual should be discriminated against or receive adverse treatment due to
the individual's race or sex;
new text end
new text begin
(4) an individual should receive favorable treatment due to the individual's race or sex;
new text end
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(5) an individual or institution cannot or should not treat individuals without regard to
race or sex;
new text end
new text begin
(6) an individual's moral character is determined by the individual's race or sex;
new text end
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(7) an individual, by virtue of the individual's race or sex, bears responsibility for actions
committed in the past by members of the individual's race or sex;
new text end
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(8) meritocracy or merit-based systems are either racist or sexist; and
new text end
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(9) the United States or the state is fundamentally racist or sexist.
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new text begin Subd. 2. new text end
new text begin Instructional prohibitions. new text end
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(a) No faculty at a Minnesota state college or
university may:
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(1) teach, advocate, or encourage the adoption of a racist or sexist concept while
instructing students; or
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(2) penalize or treat adversely a student who refuses to adopt or express any racist or
sexist concept.
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(b) No Minnesota state college or university may:
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(1) host, pay, or provide a venue for a speaker who espouses, advocates, or promotes
any racist or sexist concept; or
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(2) require a student to read, view, or listen to a book, article, video presentation, digital
presentation, or other learning material that espouses, advocates, or promotes a racist or
sexist concept.
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(c) No Minnesota state college or university may contract with a company, nonprofit
organization, or state or local government entity to take any action prohibited in paragraph
(a) or (b).
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new text begin Subd. 3. new text end
new text begin Private cause of action. new text end
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A resident of the state has standing and a private cause
of action to file a civil complaint in a district court against a Minnesota state college or
university claiming that it has violated a provision of this act. If a court finds that the
Minnesota state college or university has violated a provision of this act, the court shall
enjoin the violating institution from receiving funding from the state in the following fiscal
year and shall award costs and attorney fees to the complainant.
new text end
new text begin Subd. 4. new text end
new text begin Severability. new text end
new text begin
The provisions of this section are severable. If any provision of
this section or its application to any person or circumstance is held invalid, the invalidity
shall not affect other provisions or applications of this section which can be given effect
without the invalid provision or application.
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