Education committee votes to limit critical race theory instruction in South Dakota's public schools
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The House Education committee passed another one of Gov. Kristi Noem's bills Wednesday night that would limit any "political indoctrination" in public K-12 schools.
This committee's vote on House Bill 1337 follows its passage of a similar anti-CRT bill from Noem, House Bill 1012, on Wednesday morning applying to higher education.
CRT is a theory created by legal scholars and educators in the 1970s that argues racism is a common experience faced by non-white people in the U.S., that racism is institutional and that it benefits white people. Top education officials in the state have said CRT largely isn't taught in K-12 or higher education in South Dakota.
This K-12 bill, HB 1337, passed on a 13-2 vote, seeing support from 13 Republicans and dissent from Democratic Reps. Erin Healy and Jennifer Keintz.
More: House Education committee votes to limit critical race theory instruction in South Dakota colleges
Both HB 1337 and HB 1012 will move to the House floor in the coming days.
What are 'divisive concepts'?
The bill as amended in amendment 1337G states that elementary and secondary instruction shouldn't be politicized by promoting "divisive concepts" or pressuring students into political activism.
As it's written, "divisive concepts" include the following:
That any race, color, religion, sex, ethnicity, or national origin is inherently superior or inferior;
That individuals should be discriminated against or adversely treated on the basis of race, color, religion, sex, ethnicity or national origin;
That an individual's moral character is inherently determined on the basis of race, color, religion, sex, ethnicity, or national origin;
That an individual, by virtue of the individual's race, color, religion, sex, ethnicity or national origin is inherently racist, sexist, or oppressive, whether consciously or subconsciously;
That individuals, by virtue of race, color, religion, sex, ethnicity, or national origin, are inherently responsible for actions committed in the past by other members of the same race, color, religion, sex, ethnicity, or national origin;
An individual should feel discomfort, guilt, anguish or any other form of psychological distress on account of the individual's race, color, religion, ethnicity or national origin;
Meritocracy or traits such as hard work ethic are racist or sexist or were created by members of a particular race or sex to oppress members of another race or sex;
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 America's founding principles of liberty and equality, as stated in the Declaration of Independence.
State agencies and public school districts also can't allow curricula, instruction, standards or training promoting divisive concepts; however, they can discuss divisive concepts in objective manners without endorsement as part of a larger course, and/or can permit or preside over student debate on "divisive concepts" in an objective manner without endorsement.
More: Gov. Kristi Noem drafts bill limiting 'action civics' following similar bill weeks ago
Public school districts and district employees also can't require, make part of a course, or award grades or course credit, including extra credit, for students' participation in political activism or lobbying, or for students' participation in service learning, internship, practicum or action projects involving social or public policy activism or lobbying.
State agencies and districts also can't accept or spend private funding for curriculum development, curricular materials, teacher training, professional development or continuing teacher education pertaining to courses on history, civics, U.S. government and politics, social studies, or similar subject areas.
Opponents question need for bill, with curriculum and standards oversight already in place
Ten proponents and eight opponents spoke during testimony on HB 1337.
The first proponent to speak was Allen Cambon, policy advisor to Gov. Kristi Noem, as the bill was introduced at her office's request.
More: Gov. Kristi Noem drafts bill to limit critical race theory education in schools, universities
Other proponents included Stanley Kurtz, senior fellow at the Ethics and Public Policy Center; South Dakota Department of Education Secretary Tiffany Sanderson; a former teacher from Connecticut; a parent from Rapid City; Rep. Marli Wiese; Dr. Leslie Heinemann, a former legislator and a retired dentist from Flandreau; a representative from Opportunity Solution Project; a representative from the Family Heritage Alliance Action; and, a representative from Concerned Women of America.
Opponents included Jeremiah Murphy, a lobbyist for the South Dakota Education Association; Kent Hansen, a social studies teacher from Aberdeen High School; Jett Jonelis with the ACLU of South Dakota; a social studies teacher; Rob Monson with School Administrators of South Dakota; Wade Pogany with Associated School Boards of South Dakota; a representative from the South Dakota United Schools Association; and, Dianna Miller, lobbyist for the large school group.
Proponents of the bill largely argued that "action civics," as the bill would ban, are part of a political movement that doesn't belong in K-12 education.
Sanderson added that no students should face discrimination in their classroom, or be held responsible for the actions of their ancestors. Young people should be taught both the successes and failures of the past, she said.
Sanderson has told the Argus Leader in the past that she believes CRT is a “catch-all phrase” with a lot of different meanings from a lot of different groups, and that she’s seen other states impacted by CRT coming into the K-12 system, but that South Dakota’s “not in that space” like other states are. CRT isn't in state content standards.
Wiese said schools should teach students how to think on these sorts of topics, not what to think.
However, opponents countered that the teachers' code of ethics is already outlined in state statute and has effectively done what this bill attempts to prevent.
Hansen said he's yet to see a classroom syllabus that has any of the issues present in this bill, and noted school boards have curriculum review, and that administrators oversee lesson plans. He said the bill has an intimidating effect on teachers.
Jonelis argued it's unclear how the bill would be enforced, and imposes censorship in classrooms. The lack of clarity could open up a wide range of interpretations on the bill, Jonelis said, and questioned what recourse teachers could take if they were accused of violating this bill.
Monson said the bill creates fear, and questioned if the committee or proponents could define CRT and/or action civics. Pogany said this bill steps outside of the state's current standards review process and makes it political, creating a chilling effect on teachers.
This article originally appeared on Sioux Falls Argus Leader: South Dakota lawmakers vote to limit critical race theory in schools
