160.014.  Antisemitism in schools prohibited — definitions — treatment of, adoption of a policy — codes of conduct to include penalties for antisemitism — excluded and protected speech. — 1.  The general assembly finds that all persons are equal before the law and are entitled to equal rights and opportunities under the law pursuant to Article I, Section 2 of the Constitution of Missouri and the Fourteenth Amendment to the Constitution of the United States.  The general assembly condemns discrimination in all forms.  Antisemitism is a form of discrimination.  The purpose of this section and section 160.015 is to address discrimination, harassment, intimidation, and denial of equal access arising from antisemitism in educational institutions, consistent with the constitutional rights of all persons.

  2.  As used in this section and section 160.015, the following terms mean:

  (1)  "Antisemitism" or "antisemitic", the International Holocaust Remembrance Alliance's (IHRA) Working Definition of Antisemitism, including its contemporary examples, as it was adopted on May 26, 2016, as a tool and guide for recognizing and combating antisemitism;

  (2)  "Educational institution", each public school, charter school, and school district in this state.

  3.  Each educational institution shall treat harassment of or discrimination against students or employees, or harassment or discrimination resulting from institutional policies or programs on such educational institution's campuses, that is motivated by or including antisemitism in an identical manner to discrimination motivated by race.

  4.  (1)  Each educational institution shall adopt a policy clearly defining antisemitism utilizing context and other relevant factors into such educational institution's student, faculty, and employee codes of conduct and shall prohibit such conduct at or by such educational institution if such conduct creates an atmosphere or circumstance in which individuals working at, visiting, or attending the educational institution and the educational institution's services and facilities either by physically impeding such activity or by creating an atmosphere of fear or intimidation.

  (2)  Prohibited conduct as it relates specifically to antisemitism shall be incorporated into such educational institution's student, faculty, and employee codes of conduct and shall include penalties for harassment of and discrimination against Jews in compliance with antidiscrimination regulations promulgated under Title VI of the federal Civil Rights Act of 1964, as amended, by the United States Department of Education and the United States Department of Justice.

  5.  (1)  Criticism of Israel that is similar to criticism toward any other country shall not be construed to be antisemitic.  In determining a complaint regarding possible antisemitic speech relating to criticism of Israel, the educational institution shall consider whether the speech is explicitly related to public policy or applies materially inconsistent standards, expectations, or condemnation to Israel as compared with other nations in comparable circumstances.  Such consideration shall be one factor among the totality of the circumstances and shall not be independently determinative of whether the speech is antisemitic.  This section shall only apply if the conduct relating to the speech is also determined to have created an atmosphere or circumstance in which individuals working at, visiting, or attending the educational institution and the educational institution's services and facilities either by physically impeding such activity or by creating an atmosphere of fear or intimidation.

  (2)  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.

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