HB 343: "An Act relating to nondiscrimination in public education; and amending Rules 79 and 82, Alaska Rules of Civil Procedure."
00 HOUSE BILL NO. 343 01 "An Act relating to nondiscrimination in public education; and amending Rules 79 and 02 82, Alaska Rules of Civil Procedure." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 14.18.070 is amended to read: 05 Sec. 14.18.070. Affirmative action. The board shall establish procedures for 06 affirmative action programs covering both equal employment and equal educational 07 opportunity to be implemented by all school districts and regional educational 08 attendance areas determined by the board not to be in compliance with AS 14.18.010 - 09 14.18.110 [THIS CHAPTER]. 10 * Sec. 2. AS 14.18.080 is amended to read: 11 Sec. 14.18.080. Implementation. (a) The board shall adopt regulations under 12 AS 44.62 (Administrative Procedure Act) to implement AS 14.18.010 - 14.18.110 13 [THIS CHAPTER]. 14 (b) The Board of Regents shall adopt rules under AS 14.40.170(b)(1) to
01 implement AS 14.18.010 - 14.18.110 [THIS CHAPTER]. 02 * Sec. 3. AS 14.18.090(a) is amended to read: 03 (a) The board shall enforce compliance by school districts and regional 04 educational attendance areas with the provisions of AS 14.18.010 - 14.18.110 [THIS 05 CHAPTER] and the regulations and procedures adopted under it by appropriate order 06 made in accordance with AS 44.62. After a hearing conducted by the office of 07 administrative hearings (AS 44.64.010) and a finding by the board that a district or a 08 regional educational attendance area is not in compliance with AS 14.18.010 - 09 14.18.110 [THIS CHAPTER] and is not actively working to come into compliance, 10 the board shall institute appropriate proceedings to abate the practices found by the 11 board to be a violation of AS 14.18.010 - 14.18.110 [THIS CHAPTER]. 12 * Sec. 4. AS 14.18.100 is amended to read: 13 Sec. 14.18.100. Remedies. (a) A person aggrieved by a violation of 14 AS 14.18.010 - 14.18.110 [THIS CHAPTER] or of a regulation or procedure adopted 15 under AS 14.18.010 - 14.18.110 [THIS CHAPTER] as to primary or secondary 16 education may file a complaint with the board and has an independent right of action 17 in superior court for civil damages and for such equitable relief as the court may 18 determine. 19 (b) A person aggrieved by a violation of AS 14.18.010 - 14.18.110 [THIS 20 CHAPTER] or of a regulation or procedure adopted under AS 14.18.010 - 14.18.110 21 [THIS CHAPTER] as to postsecondary education has an independent right of action in 22 superior court for civil damages and for such equitable relief as the court may 23 determine. 24 * Sec. 5. AS 14.18.110 is amended to read: 25 Sec. 14.18.110. Effect [OF CHAPTER]. AS 14.18.010 - 14.18.110 [THIS 26 CHAPTER] is supplementary to and does not supersede existing laws relating to 27 unlawful discrimination based on sex or race. 28 * Sec. 6. AS 14.18 is amended by adding a new section to read: 29 Article 2. Nondiscrimination; Tenets in Public Education. 30 Sec. 14.18.150. Nondiscrimination; tenets. (a) A public school may not direct 31 or otherwise compel a student or public school employee to personally affirm, adopt,
01 or adhere to, or provide training, a course of instruction, or a unit of study that directs 02 or otherwise compels a student or public school employee to affirm, adopt, or adhere 03 to, the following tenets: 04 (1) a given sex, race, ethnicity, religion, color, or national origin is 05 inherently superior or inferior; 06 (2) an individual, by virtue of the individual's sex, race, ethnicity, 07 religion, color, or national origin, 08 (A) is inherently racist, sexist, or oppressive, either consciously 09 or subconsciously; 10 (B) is inherently responsible for actions committed in the past 11 by other members of the same sex, race, ethnicity, religion, color, or national 12 origin; 13 (C) should be treated adversely to achieve the goals of 14 diversity, equity, or inclusion; 15 (D) should feel discomfort, guilt, anguish, or other forms of 16 psychological distress; 17 (3) an individual's character or status as privileged or oppressed is 18 determined by virtue of the individual's sex, race, ethnicity, religion, color, or national 19 origin; 20 (4) an individual should be treated adversely based on the individual's 21 sex, race, ethnicity, religion, color, or national origin or on the basis that an individual 22 is inherently responsible for actions committed in the past by other members of the 23 same sex, race, ethnicity, religion, color, or national origin; 24 (5) the doctrines of merit, excellence, hard work, fairness, neutrality, 25 objectivity, and racial colorblindness are racist or sexist, or were created by members 26 of a particular sex, race, ethnicity, religion, color, or national origin to oppress 27 members of another sex, race, ethnicity, religion, color, or national origin. 28 (b) Nothing in this section prohibits discussion of the concepts listed in 29 (a) of this section as part of a course of training or instruction, if the training or 30 instruction is provided in an objective manner without endorsement of the concepts 31 listed in (a) of this section.
01 (c) A person aggrieved by a violation of this section or of a regulation adopted 02 under this section may bring a civil action against a public school. The person must 03 prove by a preponderance of the evidence that the public school violated this section 04 or a regulation adopted under this section. 05 (d) The court may award the prevailing party of an action for a violation under 06 (a)(1), (2)(B) - (D), and (4) of this section 07 (1) declaratory or equitable relief; and 08 (2) reasonable attorney fees and costs. 09 (e) The court shall award the prevailing party of an action for a violation under 10 (a)(2)(A), (3), and (5) of this section 11 (1) declaratory or equitable relief; 12 (2) compensatory damages, not to exceed $10,000 against each 13 defendant; and 14 (3) reasonable attorney fees and costs, not to exceed $100,000. 15 (f) In this section, "public school" includes a public postsecondary institution. 16 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 INDIRECT COURT RULE AMENDMENT. AS 14.18.150(d) and (e), enacted by sec. 19 1 of this Act, have the effect of changing Rules 79 and 82, Alaska Rules of Civil Procedure, 20 by changing the award of court costs and attorney fees in certain cases. 21 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 CONDITIONAL EFFECT. AS 14.18.150(d) and (e), enacted by sec. 1 of this Act, 24 take effect only if sec. 2 of this Act receives the two-thirds majority vote of each house 25 required by art. IV, sec. 15, Constitution of the State of Alaska.