Florida Senate - 2023 SB 590 By Senator Powell 24-00382-23 2023590__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to prohibited discrimination based on 2 hairstyle; providing a

short title; amending s. 3 1000.05, F.S.; defining the term “protected 4 hairstyle”; prohibiting discrimination based on 5 protected hairstyle in the K-20 public education 6 system; amending s. 1002.20, F.S.; defining the terms 7 “race” and “protective hairstyles” for purposes of 8 public K-12 nondiscrimination requirements; amending 9 s. 1002.421, F.S.; defining the terms “race” and 10 “protective hairstyles” for purposes of 11 antidiscrimination requirements for private schools 12 participating in the state school choice scholarship 13 program; providing an effective date. 14 15 WHEREAS, the history of our nation is riddled with laws and 16 societal norms that characterized “blackness” and its associated 17 physical traits as inferior to European physical features, and 18 WHEREAS, this idea also permeates a societal understanding 19 of professionalism which was, and still is, closely linked to 20 European features and mannerisms, and which entails that those 21 who do not naturally conform to Eurocentric norms must alter 22 their appearance to meet such norms in order to be considered 23 professional, and 24 WHEREAS, hair has been, and remains, a rampant source of 25 racial discrimination that has caused serious economic and 26 health ramifications, and 27 WHEREAS, school dress code policies that prohibit natural 28 hair, including afros, and certain hairstyles, such as braids, 29

Florida Senate - 2023 SB 590 24-00382-23 2023590__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. locks, and twists, have a disparate impact on black students, as 30 these policies are more likely to burden or punish black 31 students compared to other groups, and 32 WHEREAS, federal courts accept that Title VII of the Civil 33 Rights Act of 1964 prohibits discrimination based on race and 34 therefore protects against discrimination against the natural 35 presentation of black hair, including afros, braids, locks, and 36 twists, NOW, THEREFORE, 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40

Section 1. This act may be cited as the “Creating a 41 Respectful and Open World for Natural Hair Act” or “CROWN Act.” 42

Section 2. Subsection (2) of

section 1000.05, Florida 43 Statutes, is amended to read: 44 1000.05 Discrimination against students and employees in 45 the Florida K-20 public education system prohibited; equality of 46 access required.— 47 (2)(

a) As used in this section, the term “protected 48 hairstyle” means hair characteristics historically associated 49 with race, such as hair texture and styles, including, but not 50 limited to, afros, braids, locks, or twists. 51 (

b) Discrimination on the basis of race, color, national 52 origin, sex, disability, religion, or marital status against a 53 student or an employee in the state system of public K-20 54 education is prohibited. No person in this state shall, on the 55 basis of race, color, national origin, sex, disability, 56 religion, or marital status, be excluded from participation in, 57 be denied the benefits of, or be subjected to discrimination 58

Florida Senate - 2023 SB 590 24-00382-23 2023590__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. under any public K-20 education program or activity, or in any 59 employment conditions or practices, conducted by a public 60 educational institution that receives or benefits from federal 61 or state financial assistance. Additionally, discrimination on 62 the basis of a protected hairstyle against a student in the 63 state system of public K-20 education is prohibited.

A student 64 may not be excluded from participation in, denied the benefits 65 of, or subjected to discrimination under any public K-20 66 education program or activity on the basis of a protected 67 hairstyle. 68 (c)(

b) The criteria for admission to a program or course 69 shall not have the effect of restricting access by students 70 persons of a particular race, color, national origin, sex, 71 disability, religion, or marital status, or with a protected 72 hairstyle. 73 (d)(

c) All public K-20 education classes shall be available 74 to all students without regard to race, color, protected 75 hairstyle, national origin, sex, disability, religion, or 76 marital status; however, this is not intended to eliminate the 77 provision of programs designed to meet the needs of students 78 with limited proficiency in English, gifted students, or 79 students with disabilities or programs tailored to students with 80 specialized talents or skills. 81 (e)(

d) Students may be separated by sex for a single-gender 82 program as provided under s. 1002.311, for any portion of a 83 class that deals with human reproduction, or during 84 participation in bodily contact sports. For the purpose of this 85 section, bodily contact sports include wrestling, boxing, rugby, 86 ice hockey, football, basketball, and other sports in which the 87

Florida Senate - 2023 SB 590 24-00382-23 2023590__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. purpose or major activity involves bodily contact. 88 (f)(

e) Guidance services, counseling services, and 89 financial assistance services in the state public K-20 education 90 system shall be available to students equally. Guidance and 91 counseling services, materials, and promotional events shall 92 stress access to academic and career opportunities for students 93 without regard to race, color, protected hairstyle, national 94 origin, sex, disability, religion, or marital status. 95

Section 3. Subsection (7) of

section 1002.20, Florida 96 Statutes, is amended to read: 97 1002.20 K-12 student and parent rights.—Parents of public 98 school students must receive accurate and timely information 99 regarding their child’s academic progress and must be informed 100 of ways they can help their child to succeed in school. K-12 101 students and their parents are afforded numerous statutory 102 rights including, but not limited to, the following: 103

(7) NONDISCRIMINATION.—All education programs, activities, 104 and opportunities offered by public educational institutions 105 must be made available without discrimination on the basis of 106 race, ethnicity, national origin, gender, disability, religion, 107 or marital status, in accordance with the provisions of s. 108 1000.05. For purposes of this subsection, the term “race” is 109 inclusive of traits historically associated with race, 110 including, but not limited to, hair texture, hair type, and 111 protective hairstyles. The term “protective hairstyles” 112 includes, but is not limited to, braids, locks, or twists. 113

Section 4. Paragraph (

a) of subsection (1) of

section 114 1002.421, Florida Statutes, is amended to read: 115 1002.421 State school choice scholarship program 116

Florida Senate - 2023 SB 590 24-00382-23 2023590__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. accountability and oversight.— 117

(1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private 118 school participating in an educational scholarship program 119 established pursuant to this

chapter must be a private school as 120 defined in s. 1002.01(2) in this state, be registered, and be in 121 compliance with all requirements of this

section in addition to 122 private school requirements outlined in s. 1002.42, specific 123 requirements identified within respective scholarship program 124 laws, and other provisions of Florida law that apply to private 125 schools, and must: 126 (

a) Comply with the antidiscrimination provisions of 42 127 U.S.C. s. 2000d. For purposes of this paragraph, the term “race” 128 as used in 42 U.S.C. s. 2000d is inclusive of traits 129 historically associated with race, including, but not limited 130 to, hair texture, hair type, and protective hairstyles.

The term 131 “protective hairstyles” includes, but is not limited to, braids, 132 locks, or twists. 133 134 The department shall suspend the payment of funds to a private 135 school that knowingly fails to comply with this subsection, and 136 shall prohibit the school from enrolling new scholarship 137 students, for 1 fiscal year and until the school complies.

If a 138 private school fails to meet the requirements of this subsection 139 or has consecutive years of material exceptions listed in the 140 report required under paragraph (q), the commissioner may 141 determine that the private school is ineligible to participate 142 in a scholarship program. 143

Section 5. This act shall take effect July 1, 2023. 144