00 HOUSE BILL NO. 228 01 "An Act relating to nondiscrimination in public education." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 14.18.070 is amended to read: 04 Sec. 14.18.070. Affirmative action. The board shall establish procedures for 05 affirmative action programs covering both equal employment and equal educational 06 opportunity to be implemented by all school districts and regional educational 07 attendance areas determined by the board not to be in compliance with AS 14.18.010 - 08 14.18.110 [THIS CHAPTER]. 09 * Sec. 2. AS 14.18.080 is amended to read: 10 Sec. 14.18.080. Implementation. (a) The board shall adopt regulations under 11 AS 44.62 (Administrative Procedure Act) to implement AS 14.18.010 - 14.18.110 12 [THIS CHAPTER]. 13 (b) The Board of Regents shall adopt rules under AS 14.40.170(b)(1) to 14 implement AS 14.18.010 - 14.18.110 [THIS CHAPTER]. 15 * Sec. 3. AS 14.18.090(a) is amended to read: 01 (a) The board shall enforce compliance by school districts and regional 02 educational attendance areas with the provisions of AS 14.18.010 - 14.18.110 [THIS 03 CHAPTER] and the regulations and procedures adopted under it by appropriate order 04 made in accordance with AS 44.62. After a hearing conducted by the office of 05 administrative hearings (AS 44.64.010) and a finding by the board that a district or a 06 regional educational attendance area is not in compliance with AS 14.18.010 - 07 14.18.110 [THIS CHAPTER] and is not actively working to come into compliance, 08 the board shall institute appropriate proceedings to abate the practices found by the 09 board to be a violation of AS 14.18.010 - 14.18.110 [THIS CHAPTER]. 10 * Sec. 4. AS 14.18.100 is amended to read: 11 Sec. 14.18.100. Remedies. (a) A person aggrieved by a violation of 12 AS 14.18.010 - 14.18.110 [THIS CHAPTER] or of a regulation or procedure adopted 13 under AS 14.18.010 - 14.18.110 [THIS CHAPTER] as to primary or secondary 14 education may file a complaint with the board and has an independent right of action 15 in superior court for civil damages and for such equitable relief as the court may 16 determine. 17 (b) A person aggrieved by a violation of AS 14.18.010 - 14.18.110 [THIS 18 CHAPTER] or of a regulation or procedure adopted under AS 14.18.010 - 14.18.110 19 [THIS CHAPTER] as to postsecondary education has an independent right of action in 20 superior court for civil damages and for such equitable relief as the court may 21 determine. 22 * Sec. 5. AS 14.18.110 is amended to read: 23 Sec. 14.18.110. Effect [OF CHAPTER]. AS 14.18.010 - 14.18.110 [THIS 24 CHAPTER] is supplementary to and does not supersede existing laws relating to 25 unlawful discrimination based on sex or race. 26 * Sec. 6. AS 14.18 is amended by adding a new section to read: 27 Article 2. Nondiscrimination; Tenets in Public Education. 28 Sec. 14.18.150. Nondiscrimination; tenets. (a) A public school may not direct 29 or otherwise compel a student to personally affirm, adopt, or adhere to, or provide a 30 course of instruction or unit of study that directs or otherwise compels a student to 31 affirm, adopt, or adhere to, the following tenets: 01 (1) a given sex, race, ethnicity, religion, color, or national origin is 02 inherently superior or inferior; 03 (2) an individual should be treated adversely based on the individual's 04 sex, race, ethnicity, religion, color, or national origin; 05 (3) an individual, by virtue of the individual's sex, race, ethnicity, 06 religion, color, or national origin, is inherently responsible for actions committed in 07 the past by other members of the same sex, race, ethnicity, religion, color, or national 08 origin. 09 (b) A public school may not provide a course of instruction or unit of study 10 that teaches, the curriculum described by the New York Times' 1619 Project. 11 (c) This section does not prohibit a public school from collecting or reporting 12 demographic data. 13 (d) The department, board, and public schools may not expend public funds 14 for a purpose prohibited by (a) or (b) of this section. 15 (e) In this section, "public school" includes a public postsecondary institution.