Last week (January 31, 2023,) the Republicans on the House Education Committee resuscitated a revised attack on Critical Race Theory and Wokeness, sponsored by the chairperson, Beverly Pingerelli, by securing passage of HB2458, a measure that if it makes its way through the State House and Senate and, in some alternative reality, gets Governor Katie Hobbs signature, would fine a public school teacher (including those in charter schools) $5,000 if they:
“PROVIDE INSTRUCTION TO STUDENTS OR EMPLOYEES THAT PROMOTES OR ADVOCATES FOR ANY OF THE FOLLOWING CONCEPTS:
1. JUDGING AN INDIVIDUAL ON THE BASIS OF THE INDIVIDUAL’S RACE OR ETHNICITY.
2. THAT ONE RACE OR ETHNIC GROUP IS INHERENTLY MORALLY OR INTELLECTUALLY SUPERIOR TO ANOTHER RACE OR ETHNIC GROUP.
3. THAT AN INDIVIDUAL, BY VIRTUE OF THE INDIVIDUAL’S RACE OR ETHNICITY, IS INHERENTLY RACIST OR OPPRESSIVE, WHETHER CONSCIOUSLY OR UNCONSCIOUSLY.
4. THAT AN INDIVIDUAL SHOULD BE INVIDIOUSLY DISCRIMINATED AGAINST OR RECEIVE ADVERSE TREATMENT SOLELY OR PARTLY BECAUSE OF THE INDIVIDUAL’S RACE OR ETHNICITY.
5. THAT AN INDIVIDUAL’S MORAL CHARACTER IS DETERMINED BY THE INDIVIDUAL’S RACE OR ETHNICITY.
6. THAT AN INDIVIDUAL, BY VIRTUE OF THE INDIVIDUAL’S RACE OR ETHNICITY, BEARS RESPONSIBILITY OR BLAME FOR ACTIONS COMMITTED BY OTHER MEMBERS OF THE SAME RACE OR ETHNIC GROUP.
7. THAT ACADEMIC ACHIEVEMENT, MERITOCRACY OR TRAITS SUCH AS A HARD WORK ETHIC ARE RACIST OR WERE CREATED BY MEMBERS OF A PARTICULAR RACE OR ETHNIC GROUP TO OPPRESS MEMBERS OF ANOTHER RACE OR ETHNIC GROUP.”
This legislation is revised from a similar measure from last year in that this version states:
THIS SECTION DOES NOT PREVENT AN EMPLOYEE OF A PUBLIC SCHOOL, SCHOOL DISTRICT OR STATE AGENCY OR ANY PERSON WHO IS INVITED TO A PUBLIC SCHOOL, SCHOOL DISTRICT OR STATE AGENCY TO PROVIDE INSTRUCTION TO STUDENTS OR EMPLOYEES FROM IDENTIFYING AND DISCUSSING HISTORICAL MOVEMENTS, IDEOLOGIES OR INSTANCES OF RACIAL HATRED OR DISCRIMINATION, INCLUDING SLAVERY, INDIAN REMOVAL, THE HOLOCAUST AND JAPANESE-AMERICANS INTERNMENT.
A few points here.
This legislation does not apply to private schools, the educational entities these very same legislators have rewarded with huge swaths of taxpayer money in their expansion of Empowerment Scholarship Accounts (ESA) with no accountability measures attached.
It is gratifying that these Republican legislators have finally acknowledged, in legislative language, that teachers can discuss historical episodes where racial hatred or discrimination was among the prime factors. They obviously refreshed themselves by reading the State History Standards and the recently enacted Holocaust Education measure from last year.
However, it is also mystifying that these same legislators feel the need to pass a law outlawing instructors from passing judgments on students based on their race, religion, or ethnicity when existing statutes already forbid it.
It is also mystifying that these same people who feel the need to protect people in this piece of legislation turn around and look to pass other measures attacking members of the LGBTQ community.
This is a matter of common sense. What school principal or superintendent is going to allow an instructor to say to an individual child or group of students that their self-worth is dependent and dictated by their DNA or current social status?
In three words: they would not.
Being a former Charter School owner and principal, I can tell you that if one of my teachers did the things that HB2458 outlined, they would be disciplined and, depending on the severity of the incident, would have been dismissed per existing civil rights and education statutes.
That would be the same, I believe for all school principals, governing boards, and superintendents in Arizona and across the country.
That was the point Legislative District (LD) Two State Representative Judy Schwiebert and LD Four Representative Laura Terech made during the discussion of HB2458 (please click here to watch the video) and in response to a follow-up question from Blog for Arizona where Representative Schwiebert stated:
“I pointed out in the hearing, a statute is already in place prohibiting instruction along the lines that this bill is seeking to prohibit. And my colleague Rep Laura Terech also made that point and cited this specific statute (15-112) https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/15/00112.htm Also, I spoke about my belief that HB2458 is legislative overreach. We already have processes in place at the local school and district levels to address complaints from students or parents. That goes from principal to superintendent to elected school board members. We should not be usurping the local control of people who are closest to the problem. Having the state threaten teachers with a $5,000 fine and loss of their teaching certificate for discussion of undefined topics in their classroom makes clear that we don’t respect their professionalism or judgment, and drives even more of them from our classrooms at a time when we’re already facing a severe teacher shortage.”
This measure is nothing more than legislation designed to stoke fear in historically illiterate and alt-right individuals and groups who see the false boogeyman of Critical Race Theory and wokeness in every corner of public education and encourage them to persecute school teachers and sow chaos in the classroom.
This fear-mongering attitude was unfortunately reinforced by one of the guest speakers at the hearing advocating for the passage of HB2458, Paradise Valley School Board Member Sandra Christensen who said, as a parent (start the video at 1:14🙂
“…I’ve spent the last two years reviewing curriculum in my district and as Ms. Rooks (another guest speaker who spoke in favor of HB2458) stated, it (CRT)is in there and even though it doesn’t say the words Critical Race Theory, it is full of diversity, equity, and inclusion. Even in the math textbooks. In every subject, I found it. The publishers that support our districts do push this agenda and associate everything through a social justice lens of equity and race. These lessons are a distraction from what we as parents and our children to school for which is to educate them in literacy, math, sciences, and the arts. As a parent, I am not for DEI (diversity, equity, and inclusion.) It’s not racist to say that we need equal opportunity for all our children. We need to set the bar high for all of them. And when we do, I think all our kids will be successful…”
A couple of points on Ms. Christensen’s quasi-McCarthyite statements.
First, please note she did not include history among the core subjects she wants students to learn.
Second, she offers a false choice between offering programs that promote diversity, equity, and inclusion (otherwise known as the character education pillar of respect, fairness, caring, and citizenship) and setting the bar high for children to succeed academically in school.
Any quality education program will seek to do both.
It is astounding that there are people on school boards who think honoring diversity and promoting equity, and inclusion are bad things.
Commenting on Ms. Christensen’s statements before the House Education Committee, fellow Paradise Valley School Board Member Kerry Baker relayed:
“The Paradise Valley Unified School District strives to prepare every student for a lifetime of success. The strategic plan includes diversity, equity, and inclusion, as they are vital to a well-rounded education. CRT is a theory used by scholars, lawyers, historians, and other higher-level systems as an academic framework to study systemic racism in our legal system. Equity is not CRT. Diversity is not CRT. Inclusion is not CRT. CRT is not being taught in PVUSD schools.”
HB2458 is irresponsible legislation that will accomplish nothing but stoke fear, ignorance, and division.
Representatives Schweibert and Terech are right when they say that it could, if alt-right extremist parents and education groups are allowed to have free reign to persecute instructors and make their lives a living hell, exacerbate the already dangerous teacher shortage in the state.
It is fortunate that Governor Hobbs is on the ninth floor to veto this measure if it passes the Legislature.
This is a law that does a disservice to educators who work their hearts out for children.
It should not be on the books.
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