Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS/HB 7, 2nd Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 6/F/2R          .                                
             03/09/2022 01:25 PM       .                                
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       Senator Powell moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 117 - 279
    4  and insert:
    5         (2)(a) Discrimination on the basis of race, ethnicity,
    6  national origin, sex gender, disability, religion, or marital
    7  status against a student or an employee in the state system of
    8  public K-20 education is prohibited. No person in this state
    9  shall, on the basis of race, ethnicity, national origin, sex
   10  gender, disability, religion, or marital status, be excluded
   11  from participation in, be denied the benefits of, or be
   12  subjected to discrimination under any public K-20 education
   13  program or activity, or in any employment conditions or
   14  practices, conducted by a public educational institution that
   15  receives or benefits from federal or state financial assistance.
   16         (b) The criteria for admission to a program or course shall
   17  not have the effect of restricting access by persons of a
   18  particular race, ethnicity, national origin, sex gender,
   19  disability, religion, or marital status.
   20         (c) All public K-20 education classes shall be available to
   21  all students without regard to race, ethnicity, national origin,
   22  sex gender, disability, religion, or marital status; however,
   23  this is not intended to eliminate the provision of programs
   24  designed to meet the needs of students with limited proficiency
   25  in English, gifted students, or students with disabilities or
   26  programs tailored to students with specialized talents or
   27  skills.
   28         (d) Students may be separated by sex gender for a single
   29  gender program as provided under s. 1002.311, for any portion of
   30  a class that deals with human reproduction, or during
   31  participation in bodily contact sports. For the purpose of this
   32  section, bodily contact sports include wrestling, boxing, rugby,
   33  ice hockey, football, basketball, and other sports in which the
   34  purpose or major activity involves bodily contact.
   35         (e) Guidance services, counseling services, and financial
   36  assistance services in the state public K-20 education system
   37  shall be available to students equally. Guidance and counseling
   38  services, materials, and promotional events shall stress access
   39  to academic and career opportunities for students without regard
   40  to race, ethnicity, national origin, sex gender, disability,
   41  religion, or marital status.
   42         (3)(a) No person shall, on the basis of sex gender, be
   43  excluded from participating in, be denied the benefits of, or be
   44  treated differently from another person or otherwise be
   45  discriminated against in any interscholastic, intercollegiate,
   46  club, or intramural athletics offered by a public K-20
   47  educational institution; and no public K-20 educational
   48  institution shall provide athletics separately on such basis.
   49         (b) Notwithstanding the requirements of paragraph (a), a
   50  public K-20 educational institution may operate or sponsor
   51  separate teams for members of each sex gender if the selection
   52  for such teams is based upon competitive skill or the activity
   53  involved is a bodily contact sport. However, when a public K-20
   54  educational institution operates or sponsors a team in a
   55  particular sport for members of one sex gender but does not
   56  operate or sponsor such a team for members of the other sex
   57  gender, and athletic opportunities for that sex gender have
   58  previously been limited, members of the excluded sex gender must
   59  be allowed to try out for the team offered.
   60         (c) This subsection does not prohibit the grouping of
   61  students in physical education classes and activities by ability
   62  as assessed by objective standards of individual performance
   63  developed and applied without regard to sex gender. However,
   64  when use of a single standard of measuring skill or progress in
   65  a physical education class has an adverse effect on members of
   66  one sex gender, the educational institution shall use
   67  appropriate standards which do not have such effect.
   68         (d) A public K-20 educational institution which operates or
   69  sponsors interscholastic, intercollegiate, club, or intramural
   70  athletics shall provide equal athletic opportunity for members
   71  of both sexes genders.
   72         1. The Board of Governors shall determine whether equal
   73  opportunities are available at state universities.
   74         2. The Commissioner of Education shall determine whether
   75  equal opportunities are available in school districts and
   76  Florida College System institutions. In determining whether
   77  equal opportunities are available in school districts and
   78  Florida College System institutions, the Commissioner of
   79  Education shall consider, among other factors:
   80         a. Whether the selection of sports and levels of
   81  competition effectively accommodate the interests and abilities
   82  of members of both sexes genders.
   83         b. The provision of equipment and supplies.
   84         c. Scheduling of games and practice times.
   85         d. Travel and per diem allowances.
   86         e. Opportunities to receive coaching and academic tutoring.
   87         f. Assignment and compensation of coaches and tutors.
   88         g. Provision of locker room, practice, and competitive
   89  facilities.
   90         h. Provision of medical and training facilities and
   91  services.
   92         i. Provision of housing and dining facilities and services.
   93         j. Publicity.
   94  
   95  Unequal aggregate expenditures for members of each sex gender or
   96  unequal expenditures for male and female teams if a public
   97  school or Florida College System institution operates or
   98  sponsors separate teams do not constitute nonimplementation of
   99  this subsection, but the Commissioner of Education shall
  100  consider the failure to provide necessary funds for teams for
  101  one sex gender in assessing equality of opportunity for members
  102  of each sex gender.
  103         (e) A public school or Florida College System institution
  104  may provide separate toilet, locker room, and shower facilities
  105  on the basis of gender, but such facilities shall be comparable
  106  to such facilities provided for students of the other sex
  107  gender.
  108         (4)(a)It shall constitute discrimination on the basis of
  109  race, ethnicity, national origin, or sex under this section to
  110  subject any student or employee to training or instruction that
  111  espouses, promotes, advances, inculcates, or compels such
  112  student or employee to believe any of the following concepts:
  113         1.Members of one race, ethnicity, national origin, or sex
  114  are morally superior to members of another race, ethnicity,
  115  national origin, or sex.
  116         2.A person, by virtue of his or her race, ethnicity,
  117  national origin, or sex is inherently racist, sexist, or
  118  oppressive, whether consciously or unconsciously.
  119         3.A person’s moral character or status as either
  120  privileged or oppressed is necessarily determined by his or her
  121  race, ethnicity, national origin, or sex.
  122         4.Members of one race, ethnicity, national origin, or sex
  123  cannot and should not attempt to treat others without respect to
  124  race, ethnicity, national origin, or sex.
  125         5.A person, by virtue of his or her race, ethnicity,
  126  national origin, or sex bears responsibility for, or should be
  127  discriminated against or receive adverse treatment because of,
  128  actions committed in the past by other members of the same race,
  129  ethnicity, national origin, or sex.
  130         6.A person, by virtue of his or her race, ethnicity,
  131  national origin, or sex should be discriminated against or
  132  receive adverse treatment to achieve diversity, equity, or
  133  inclusion.
  134         7.A person, by virtue of his or her race, ethnicity, sex,
  135  or national origin, bears personal responsibility for and must
  136  feel guilt, anguish, or other forms of psychological distress
  137  because of actions, in which the person played no part,
  138  committed in the past by other members of the same race,
  139  ethnicity, national origin, or sex.
  140         8.Such virtues as merit, excellence, hard work, fairness,
  141  neutrality, objectivity, and racial colorblindness are racist or
  142  sexist, or were created by members of a particular race,
  143  ethnicity, national origin, or sex to oppress members of another
  144  race, ethnicity, national origin, or sex.
  145         (b)Paragraph (a) may not be construed to prohibit
  146  discussion of the concepts listed therein as part of a larger
  147  course of training or instruction, provided such training or
  148  instruction is given in an objective manner without endorsement
  149  of the concepts.
  150         (5)(4) Public schools and Florida College System
  151  institutions shall develop and implement methods and strategies
  152  to increase the participation of students of a particular race,
  153  ethnicity, national origin, sex gender, disability, or marital
  154  status in programs and courses in which students of that
  155  particular race, ethnicity, national origin, sex gender,
  156  disability, or marital status have been traditionally
  157  underrepresented, including, but not limited to, mathematics,
  158  science, computer technology, electronics, communications
  159  technology, engineering, and career education.
  160         (7)(6) The functions of the Office of Equal Educational
  161  Opportunity of the Department of Education shall include, but
  162  are not limited to:
  163         (d) Conducting studies of the effectiveness of methods and
  164  strategies designed to increase the participation of students in
  165  programs and courses in which students of a particular race,
  166  ethnicity, national origin, sex gender, disability, or
  167  
  168  ================= T I T L E  A M E N D M E N T ================
  169  And the title is amended as follows:
  170         Delete line 16
  171  and insert:
  172         race, ethnicity, sex, or national origin; conforming