Introduction

Radical activists seek to transform all education into political activism to advance “social justice.” They work not least by taking over the teaching and education administrator professions—particularly by using state requirements for education licensure and professional development to insert political litmus tests. Legislation is urgently needed to depoliticize these state requirements.

The Education Licensure Nondiscrimination Act provides a comprehensive solution to the politicization of state education requirements by depoliticizing education licensure requirements (Section A); depoliticizing materials for education licensure and professional development (Section B); requiring transparency for materials for education licensure and professional development (Section C); preventing State Boards of Education from applying for funds from external organizations that tie funding to politicization (Section D); preventing politicized external funding for education licensure and professional development (Section E); preventing approval of politicized education schools and departments (Section F); preventing alignment with politicized external education standards (Section G); and preventing group-identity discrimination in education licensure (Section H).

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 state education reformers, as they adapt this model bill in each state, will champion the First Amendment as they seek to bar politicization of education licensure requirements.

Enforcement

We do not detail enforcement measures in this model legislation. Each state should specify to whom complaints would be addressed, how they would be investigated, and what kinds of penalty or remedy are available.

Model Legislative Text

SECTION A [Education Licensure Requirements]

No education licensure requirement for teachers and administrators adopted by the State Board of Education 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 [Education Licensure and Professional Development Materials]

The State Board of Education may not provide, endorse, link to, or allow any role in education 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 educators 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 [Education Licensure and Professional Development Materials—Transparency]

1. The State Board of Education shall make available to the public on its Internet website no later than the seventh day after the document is accepted for use all education licensure and professional development materials, including standards, syllabi of teacher education courses, curricula, lesson plans, assessments, textbooks, trainings, instructional materials, and instructional practices. The information posted on the State Board of Education’s Internet website must be accessible from the State Board of Education 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 Board of Education shall not contract with any vendor for education licensure or professional development proprietary materials that are prohibited from public review. 
3. The State Board of Education shall not use education licensure or professional development proprietary materials that are protected from public review.

SECTION D [External Funding]

The State Board of Education may not 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 Education Licensure and Professional Development Materials]

The State Board of Education may not 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 education licensure or professional development.

SECTION F [Education Preparation Program Approval]

1. The State Board of Education may not approve, or continue to approve, an education preparation program for teachers or administrators 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.
2. All education preparation programs approved by the State Board of Education, as a condition of their continuing approval, must certify annually to the State Board of Education that they have complied with the requirements in Subsection 1.

SECTION G [External Standards]

The State Board of Education may not align with, draw 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 H [Nondiscrimination]

1. No education licensure requirement for teachers and administrators adopted by the State Board of Education may provide any 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. The State Board of Education shall post on its Internet website an annual report of statistics on the academic qualifications of individuals who have applied for education licensure, and of individuals who have received education licensure, including undergraduate grade point averages and scores on standardized tests, differentiated by race and sex. These statistics shall include information correlating students’ academic qualifications and passage rates, differentiated by race and sex. The information posted on the State Board of Education’s Internet website must be accessible from the State Board of Education 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.

SECTION I [Special Education]

No section of this bill shall be construed to prohibit training or instruction in the delivery of special education, nor inhibit the differentiation of instructional services based upon a student’s disability or academic proficiency, including any training or preparation that focuses on the inclusion of special education students in general education or the provision of separate instructional services.

SECTION J [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 K [Exceptions]

No section of this law shall prevent educational personnel from classifying students or educational personnel by enrollment status, citizenship status, or biological sex.

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.