Introduction

Radical activists seek to transform all accreditation and licensure into political activism to advance “social justice.” They work not least by taking over the professions—particularly by using state requirements for licensure and professional development to insert political litmus tests. Legislation is urgently needed to depoliticize these state requirements—and to depoliticize all preparation programs and accrediting organizations to which the state delegates portions of its licensing power.

The Licensure Nondiscrimination Act provides a comprehensive solution to the politicization of state licensure and professional development requirements by depoliticizing and preventing group-identity discrimination in licensure requirements (Section A); depoliticizing materials for licensure and professional development (Section B); requiring transparency for materials for licensure and professional development (Section C); preventing state agencies from applying for funds from external organizations that tie funding to politicization (Section D); preventing politicized external funding for licensure and professional development (Section E); depoliticizing and preventing group-identity discrimination in preparation programs (Section F); depoliticizing and preventing group-identity discrimination in accrediting organizations (Section G); preventing alignment with politicized external standards (Section H); stating that the bill should not be construed to limit free discussion of any subject matter (Section I); stipulating limited exceptions (Section J); and providing means for enforcement (Section K).

The Licensure Nondiscrimination Act expands upon and generalizes the Education Licensure Nondiscrimination Act.

We have drafted the Licensure Nondiscrimination Act to bar politicization and group-identity discrimination in all licensure and professional development. We realize, however, that states generally have separate statutory language that governs the licensure and professional development for each individual profession. We also realize that many states list specific accrediting organizations in their statutes, whose eligibility would be prohibited by this law. Alabama, for example, specifically grants the Council on Social Work Education (CSWE) a statutory role in accreditation, as part of the licensure of social workers—and the CSWE’s 2022 Education Policy and Accreditations Standards for Baccalaureate and Master’s Work Programs is an extraordinarily politicized, discriminatory document. Each state will need to consider how to integrate the Licensure Nondiscrimination Act into their complex licensure and professional development statutes.

We will support more tailored versions of this law, which apply to specific professions—for example, teachers, lawyers, doctors, and social workers. But we urge state policymakers to consider that radical activists seek to suborn all the professions, and that Americans need a bill to preserve all licensure and professional development from politicization and group-identity discrimination.

 

Notes

Respect for the First Amendment 

We have carefully written this model language to respect the First Amendment. We bar the inculcation of politicized beliefs and pedagogies, not the free discussion of their existence. Section J explicitly states that “No section of this bill shall be construed to prohibit the presentation or discussion of any concept as a legitimate topic for academic inquiry.” For example: teachers should not be required to advocate the sustainability ideology, although of course it may be reasonable to ask them to know about the history of environmental policy. We expect that policymakers, as they adapt this model bill in each state, will champion the First Amendment as they seek to bar politicization of licensure requirements.

Recognition of Other States’ Licenses

Several states recognize licenses from other states. These states should add sections that explicitly ensure that this Act does not affect this recognition process. State policymakers may wish to proceed to a later bill, which bars recognition of out-of-state licenses which have been affected by politicization. They should do so judiciously, however, with mature consideration of the consequences of such an action.

 

Model Legislative Text

SECTION A [Licensure Requirements]

1. No state licensure requirement may provide an advantage or disadvantage for candidates for licensure on the basis of membership in groups defined by characteristics such as race, ethnicity, religion, sex, sexual orientation, gender identity, or gender expression.
2. Any state agency that provides licensure shall post on its Internet website an annual report of statistics on the academic qualifications of individuals who have applied for licensure, and of individuals who have received licensure, including undergraduate grade point averages and scores on standardized tests, differentiated by race and sex. These statistics shall include information correlating successful and unsuccessful applicants’ academic qualifications and passage rates, differentiated by race and sex. The information posted on the state agency’s Internet website must be accessible from the state agency website home page by use of not more than three links; searchable by keywords and phrases; and accessible to the public without requiring registration or use of a user name, a password, or another user identification.
3. No state licensure requirement may train, require, or reward educators to practice, adopt, favor, or affirm a belief in:
   1. any discriminatory concepts, or any pedagogies that require assent to any of these discriminatory concepts;
   2. the so-called systemic nature of racism, or like ideas, or any pedagogies that require assent to any of these concepts;
   3. the so-called multiplicity or fluidity of gender identities, or like ideas, or any pedagogies that require assent to any of these concepts;
   4. concepts such as allyship, diversity, social justice, sustainability, systemic racism, gender identity, equity, or inclusion, or to any ideology or pedagogy that classifies individuals within identity groups, divides identity groups into oppressed and oppressors, or prescribes advantages, disadvantages, or segregation based upon identity group membership, or to any other ideology, pedagogy, principle, concept, or formulation that requires commitment to any belief or policy that is the subject of political controversy; or
   5. service-learning, or any other pedagogy that involves social or public policy advocacy.

SECTION B [Licensure and Professional Development Materials]

No state agency responsible for licensure or professional development may provide, endorse, link to, or allow any role in licensure or professional development to standards, curricula, lesson plans, textbooks, trainings, instructional materials, instructional practices, or any other materials that serve to train, require, or reward licensees to practice, adopt, favor, or affirm a belief in:

1. any discriminatory concepts, or in any pedagogies that require assent to any of these discriminatory concepts;
2. the so-called systemic nature of racism, or like ideas, or any pedagogies that require assent to any of these concepts;
3. the so-called multiplicity or fluidity of gender identities, or like ideas, or any pedagogies that require assent to any of these concepts;
4. concepts such as allyship, diversity, social justice, sustainability, systemic racism, gender identity, equity, or inclusion, or to any ideology or pedagogy that classifies individuals within identity groups, divides identity groups into oppressed and oppressors, or prescribes advantages, disadvantages, or segregation based upon identity group membership, or to any other ideology, pedagogy, principle, concept, or formulation that requires commitment to any belief or policy that is the subject of political controversy; or
5. service-learning, or any other pedagogy that involves social or public policy advocacy.

SECTION C [Licensure and Professional Development Materials—Transparency]

1. Any state agency that provides licensure and professional development materials shall make available to the public on its Internet website no later than the seventh day after the document is accepted for use all licensure and professional development materials, including standards, syllabi of courses, curricula, lesson plans, assessments, textbooks, trainings, instructional materials, and instructional practices. The information posted on the state agency’s Internet website must be accessible from the state agency website home page by use of not more than three links; searchable by keywords and phrases; and accessible to the public without requiring registration or use of a user name, a password, or another user identification.
2. The state agency shall not contract with any vendor for licensure or professional development proprietary materials that are protected from public review.
3. The state agency shall not use licensure or professional development proprietary materials that are protected from public review.

 

SECTION D [External Funding]

No state agency responsible for licensure or professional development may apply for or accept funding from any public or private institution, or from any federal program, that restricts or advantages funding to recipients that practice, adopt, favor, or affirm a belief in the following concepts:

1. any discriminatory concepts, or in any pedagogies that require assent to any of these discriminatory concepts;
2. the so-called systemic nature of racism, or like ideas, or any pedagogies that require assent to any of these concepts;
3. the so-called multiplicity or fluidity of gender identities, or like ideas, or any pedagogies that require assent to any of these concepts;
4. concepts such as allyship, diversity, social justice, sustainability, systemic racism, gender identity, equity, or inclusion, or to any ideology or pedagogy that classifies individuals within identity groups, divides identity groups into oppressed and oppressors, or prescribes advantages, disadvantages, or segregation based upon identity group membership, or to any other ideology, pedagogy, principle, concept, or formulation that requires commitment to any belief or policy that is the subject of political controversy; or
5. service-learning, or any other pedagogy that involves social or public policy advocacy.

SECTION E [External Funding of Licensure and Professional Development Materials]

No state agency responsible for licensure or professional development may apply for or accept external funding from any public or private institution, or from any federal program, for standards, curricula, lesson plans, textbooks, trainings, instructional materials, instructional practices, or any other materials that play a role in licensure or professional development.

SECTION F [Preparation Program Approval]

1. No state agency responsible for licensure or professional development may approve, or continue to approve, a preparation program that provides an advantage or disadvantage on the basis of membership in groups defined by characteristics such as race, ethnicity, religion, sex, sexual orientation, gender identity, or gender expression.
2. No state agency responsible for licensure or professional development may approve, or continue to approve, a preparation program that trains, requires, or rewards any student to practice, adopt, favor, or affirm a belief in:
   1. any discriminatory concepts, or in any pedagogies that require assent to any of these discriminatory concepts;
   2. the so-called systemic nature of racism, or like ideas, or any pedagogies that require assent to any of these concepts;
   3. the so-called multiplicity or fluidity of gender identities, or like ideas, or any pedagogies that require assent to any of these concepts;
   4. concepts such as allyship, diversity, social justice, sustainability, systemic racism, gender identity, equity, or inclusion, or to any ideology or pedagogy that classifies individuals within identity groups, divides identity groups into oppressed and oppressors, or prescribes advantages, disadvantages, or segregation based upon identity group membership, or to any other ideology, pedagogy, principle, concept, or formulation that requires commitment to any belief or policy that is the subject of political controversy; or
   5. service-learning, or any other pedagogy that involves social or public policy advocacy.
3. All preparation programs approved by a state agency, as a condition of their continuing approval, must certify annually to the state agency that they have complied with the requirements in Subsections 1 and 2.

 

SECTION G [Accrediting Organization Approval]

1. No state agency responsible for licensure or professional development may approve, or continue to approve, for any role in licensure or professional development, an accrediting organization that provides an advantage or disadvantage on the basis of membership in groups defined by characteristics such as race, ethnicity, religion, sex, sexual orientation, gender identity, or gender expression.
2. No state agency responsible for licensure or professional development may approve, or continue to approve, for any role in licensure or professional development, an accrediting organization that trains, requires, or rewards any student to practice, adopt, favor, or affirm a belief in:
   1. any discriminatory concepts, or in any pedagogies that require assent to any of these discriminatory concepts;
   2. the so-called systemic nature of racism, or like ideas, or any pedagogies that require assent to any of these concepts;
   3. the so-called multiplicity or fluidity of gender identities, or like ideas, or any pedagogies that require assent to any of these concepts;
   4. concepts such as allyship, diversity, social justice, sustainability, systemic racism, gender identity, equity, or inclusion, or to any ideology or pedagogy that classifies individuals within identity groups, divides identity groups into oppressed and oppressors, or prescribes advantages, disadvantages, or segregation based upon identity group membership, or to any other ideology, pedagogy, principle, concept, or formulation that requires commitment to any belief or policy that is the subject of political controversy; or
   5. service-learning, or any other pedagogy that involves social or public policy advocacy.
3. All accrediting organizations approved by a state agency, as a condition of their continuing approval, must certify annually to the state agency that they have complied with the requirements in Subsections 1 and 2.

 

SECTION H [External Standards]

No state agency responsible for licensure or professional development may align with, drawn upon, or incorporate in any fashion any material from any external standard that trains, requires, or rewards any student to practice, adopt, favor, or affirm a belief in:

1. any discriminatory concepts, or in any pedagogies that require assent to any of these discriminatory concepts;
2. the so-called systemic nature of racism, or like ideas, or any pedagogies that require assent to any of these concepts;
3. the so-called multiplicity or fluidity of gender identities, or like ideas, or any pedagogies that require assent to any of these concepts;
4. concepts such as allyship, diversity, social justice, sustainability, systemic racism, gender identity, equity, or inclusion, or to any ideology or pedagogy that classifies individuals within identity groups, divides identity groups into oppressed and oppressors, or prescribes advantages, disadvantages, or segregation based upon identity group membership, or to any other ideology, pedagogy, principle, concept, or formulation that requires commitment to any belief or policy that is the subject of political controversy; or
5. service-learning, or any other pedagogy that involves social or public policy advocacy.

SECTION I [Free Discussion]

No section of this bill shall be construed to prohibit the presentation or discussion of any concept as a legitimate topic for academic inquiry.

SECTION J [Exceptions]

No section of this law shall prevent state agency personnel from classifying applicants or state agency personnel by enrollment status, citizenship status, or biological sex.

 

SECTION K [Enforcement]

1. The State Attorney General shall enforce this Act and shall investigate credible complaints of noncompliance brought by any American citizen.
2. Any American citizen or lawfully constituted American business or non-profit entity with demonstrable connections to licensure or professional development may also sue the state agency, an accrediting organization, or a preparation program in a court of law to enforce this Act. Such complainant may also request compensation for harm suffered from noncompliance, if any, as well as recover legal and other costs incurred to sue.

 

SECTION L [Definitions]

1. “Discriminatory concepts” means any of the following concepts:
   1. one race or sex is inherently superior to another race or sex;
   2. an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;
   3. an individual should be discriminated against or receive adverse treatment solely or partly because of the individual’s race;
   4. members of one race cannot or should not attempt to treat others without respect to race;
   5. an individual’s moral standing or worth is necessarily determined by his or her race or sex;
   6. an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;
   7. an individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex;
   8. meritocracy or traits such as a hard work ethic are racist or sexist, or were created by members of a particular race to oppress members of another race;
   9. fault, blame, or bias should be assigned to a race or sex, or to members of a race or sex because of their race or sex;
   10. that the advent of slavery in the territory that is now the United States constituted the true founding of the United States; or
   11. that, with respect to their relationship to American values, slavery and racism are anything other than deviations from, betrayals of, or failures to live up to, the authentic founding principles of the United States, which include liberty and equality.
2. “Service learning” means a method— (A) under which students or participants learn and develop through active participation in thoughtfully organized service that— (i) is conducted in and meets the needs of a community; (ii) is coordinated with an elementary school, secondary school, institution of higher education, or community service program, and with the community; and (iii) helps foster civic responsibility; and (B) that— (i) is integrated into and enhances the academic curriculum of the students, or the educational components of the community service program in which the participants are enrolled; and (ii) provides structured time for the students or participants to reflect on the service experience.

SECTION M [Separability]

If any provision of this chapter, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this chapter and the application of its provisions to any other person or circumstance shall not be affected thereby.