Whereas, [State] security and prevention of influence on [State]’s schools and colleges by America’s antagonists and enemies are compelling national and state interests;
Sec. 1. Covered Entity Prohibitions.
(a) No institution of higher education authorized to operate in this state, and no school district or traditional public school or public charter school in this state, may have any contract, agreement, or any other arrangement with a covered entity for that entity to operate, direct, or organize any academic, or any part thereof, either directly or indirectly, including the selection of instructors or educational resources.
(b) No employee of an institution of higher education authorized to operate in this state may provide material support in furtherance of any academic or non-academic program operated by a covered entity.
(c) This section shall not apply to any non-instructional sports, games, music, or fine arts competitions.
Sec. 2. Prohibited Educational Relationships.
(a) No educational materials produced or sold by a covered entity, in any medium, shall be used at any public school or distributed to the public by a public school or school district, unless it has been reviewed and approved by the [state education agency].
(b) Educational materials produced or sold by a covered entity that are approved by the [state education agency] shall be made available for review by the public, by publication of the material online or, if legal or technical constraints prevent publication online, upon request.
(c) No public institution of higher education, school district, or school or charter school in this state may establish, maintain, or expend funds for a “sister school” or other formal or informal cooperative relationship with an educational institution in a country of concern. This includes any virtual or in-person student or faculty exchange program.
Sec. 3. Violations.
(a) Institutional violators of this Act shall be fined no less than $50,000 per violation.
(b) Individuals who knowingly violate this Act, whether in their personal or professional capacity, are guilty of a [civil and/or criminal] offense punishable by a fine of $[X] and up to [X] years imprisonment.
(c) Notwithstanding any other provision of law, no institution of higher education, school district, school or charter school, local education agency, or [state education agency] in this state may carry an insurance policy that covers violations of this Act.
(d) Notwithstanding any other provision of law, no public official shall have qualified or absolute immunity for violations of this Act.
Sec. 4. Definitions.
“Foreign adversary”:
- The governments of the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, and the Democratic People’s Republic of North Korea;
- Any agency or instrumentality of such governments; and
- Any entity owned or operated by such governments.
“People’s Republic of China”: the People’s Republic of China (including all provinces and autonomous regions), the Hong Kong Special Administrative Region of the People’s Republic of China, and the Macao Special Administrative Region of the People’s Republic of China; not including Taiwan.
“Control”: the power, direct or indirect, whether or not exercised, to determine, direct, or decide important matters affecting an entity, including but without limitation, through:
“Covered entity”:
- Any foreign adversary or agents thereof, including any official, officer, or employee described in this section;
- Any entity owned, operated, or directed by a foreign adversary.
“Sister school relationship”: A formal or informal cooperative relationship with another educational institution, such as a school, school district, or college, which may include, for example, exchange of educational materials.
Sec. 5. Severability.
The provisions of this Act are hereby declared to be severable, and if any provision of this Act, or the application of such provision to any person or circumstance, is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this Act.
Sec. 6. Effective Date.
The effective date of this Act is 270 days after enrollment.
