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2022 SESSION

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22104087D
HOUSE BILL NO. 787 Offered January 12, 2022 Prefiled January 11, 2022 A BILL to amend the Code of Virginia by adding a section numbered 22.1-17.8, relating to training or instruction on certain concepts in public elementary and secondary education; declaration as unlawful and discriminatory practice. ----------
Patrons-- LaRock, Walker and Williams; Senators: Peake, Reeves, Stanley and Vogel
---------- Referred to Committee on Education ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 22.1-17.8 as follows:

§ 22.1-17.8. Training or instruction on certain concepts declared unlawful and discriminatory practice; model policies; local compliance.

A. As used in this section, "divisive concept" means any of the following concepts: (i) one race or sex is inherently superior to another race or sex; (ii) the Commonwealth or the United States is fundamentally racist or sexist; (iii) an individual, by virtue of the individual's race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously; (iv) an individual should be discriminated against or receive adverse treatment solely or partly because of the individual's race or sex; (v) an individual's moral character is necessarily determined by the individual's race or sex; (vi) an individual, by virtue of the individual's race or sex, bears responsibility for actions committed in the past by other members of the same race or sex; (vii) an individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of the individual's race or sex; or (viii) meritocracy or traits, such as a hard work ethic, are racist or sexist or were created by a particular race to oppress another race.

B. It is an unlawful and discriminatory practice for any local school board or employee or contractor thereof to train or instruct any individual on any divisive concept for the purpose of promoting and encouraging such individual to adopt or believe such concept.

C. The Department shall establish model policies for the prevention of the unlawful and discriminatory practice set forth in subsection B.

D. Each local school board shall adopt policies that are consistent with but may be more comprehensive than the model policies established by the Department pursuant to subsection C.