Section 173.002

Title XI EDUCATION AND LIBRARIES

Chapter 173

Effective - 28 Aug 2026, see footnote   

  173.002.  Discrimination in postsecondary education prohibited, classes of persons — no infringement on protected rights — reporting of discrimination, requirements, annual report. — 1.  (1)  No educational institution shall discriminate because of race, ethnicity, national origin, sex, disability, religion, or marital status against a student or an employee in the state system of public postsecondary education.

  (2)  No person in this state shall, on the basis of race, ethnicity, national origin, sex, disability, religion, or marital status, be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity or in any employment conditions or practices conducted by an educational institution that receives or benefits from federal or state financial assistance.

  2.  An educational institution's criteria for admission to a program or course shall not have the effect of restricting access by persons of a particular race, ethnicity, national origin, sex, disability, religion, or marital status.

  3.  (1)  All of an educational institution's classes shall be available to all students without regard to race, ethnicity, national origin, sex, disability, religion, or marital status.

  (2)  This subsection shall not be construed to eliminate the provision of programs designed to meet the needs of students with limited proficiency in English, gifted students, or students with disabilities or programs tailored to students with special needs.

  4.  Guidance services, counseling services, and financial assistance services in an educational institution shall be available to all students equally and provided in the same manner regardless of race, ethnicity, national origin, sex, disability, religion, or marital status.

  5.  All education programs, activities, and opportunities offered by educational institutions shall be made available without discrimination on the basis of race, ethnicity, national origin, sex, disability, religion, or marital status.

  6.  (1)  Nothing in this section shall be applied in ways that diminish or infringe upon any right protected under the First Amendment to the Constitution of the United States or the Constitution of Missouri.

  (2)  Nothing in this section shall be construed to conflict with federal or state discrimination laws.

  7.  (1)  Each educational institution shall report incidents and complaints of antisemitic discrimination or harassment to the Title VI coordinator of the coordinating board for higher education under the department of higher education and workforce development.

  (2)  The Title VI coordinator shall establish, maintain, and publicize a formal reporting process by which students, parents, staff, and faculty can submit complaints of antisemitic discrimination and harassment.

  (3)  The Title VI coordinator shall thoroughly investigate all complaints made under this subsection.  After a reasonable investigation, if the coordinator determines that an educational institution has engaged in, allowed, or failed to sufficiently prohibit antisemitic discrimination or harassment in a manner consistent with the educational institution's policy adopted under subsection 4^* of section 173.001, the coordinating board for higher education shall notify, in writing, the educational institution of such determination and that such educational institution is required to address the issues described in such determination within thirty days after receipt of such written notice.

  (4)  After the expiration of the thirty days to address issues in the coordinator's determination, if the Title VI coordinator determines the educational institution has failed to take the necessary actions to address such issues, the coordinating board for higher education shall report the coordinator's determination to the United States Department of Education and the United States Department of Justice by making a complaint under Title VI of the federal Civil Rights Act of 1964, as amended, except that those complaints solely containing instances of political or religious speech protected under the First Amendment to the Constitution of the United States or the Constitution of Missouri shall not be reported, compiled, or published by the coordinating board for higher education.

  (5)  The Title VI coordinator shall compile an annual report on complaints, except those complaints that solely contain instances of political or religious speech protected under the First Amendment to the Constitution of the United States or the Constitution of Missouri, of antisemitic discrimination and harassment as well as other Title VI complaints monitored, reported, and investigated under this section.  Such report shall be published on the website of the coordinating board for higher education and submitted to the general assembly before July first of each year.

  (6)  No educational institution shall create a list, registry, or database of students based on their religious or political views, opinions, or expressions, which are protected under the First Amendment to the Constitution of the United States or the Constitution of Missouri.

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(L. 2026 H.B. 2061)

*Subsection "3" appears in original rolls.  Subsection 4 of section 173.001 contains the referenced policy adoption language.