Laws to be Repealed

Introduction

Many states have enacted laws affecting civics and history education that should be repealed in whole or in part. These laws either distract from and abbreviate a proper education in civics and history, or directly undermine it. Our model civics legislation implicitly overrides a great many of these laws, but state legislators should remove these laws entirely.

Radical Ideals

Many states now explicitly direct civics and history standards to satisfy ideals such as “diversity,” “multiculturalism,” and “intersectionality.” Such words now euphemize radical activism such as critical race theory and underwrite action civics. All state laws that require civics and history instruction to forward these ideals should be repealed in whole or in part.

“Studies” Courses

Several states mandate “studies” courses, including Black studies, diversity studies, Ethnic studies, Hispanic studies, multicultural studies, and Native American studies. These studies courses further radical identity group ideology, and are based on activist disciplines whose bread and butter is action civics. All state laws that require or allow these “studies” courses should be repealed in whole or in part.

Miscellaneous Requirements

Several states have passed requirements for the study of current events, the study of environmental principles in social studies classes, human rights, and media literacy (“digital citizenship”). All these laws are susceptible to misuse by radical activists. Media literacy, for example, becomes instruction on why to credit only news stories that align with radical activist beliefs. Human rights instruction becomes instruction in why radical policy goals are human rights. All state laws that contain these miscellaneous requirements should be repealed in whole or in part.

Existing State Statutes, Which Should Be Repealed in Whole or in Part

Radical Ideals: Content Standards

Diversity

• California: Cal Ed Code Div. 4 Part 28, Chap. 2 § 51226.5 [Courses of Study, Grades 7 to 12 [51220 – 51230]]
• Delaware: 14 DE Code § 4141 [Holocaust instruction]
• Florida: Fla. Stat. § 1003.42 [Required instruction]; Fla. Stat. § 1006.31 [Duties of the Department of Education and school district instructional materials reviewer]
• Maryland: Md. Code Regs. 13A.04.08.01 [Requirements for Social Studies Instructional Programs for Grades Prekindergarten – 12]
• Massachusetts: Ma. Gen. Laws, Ch.69, §1D [Statewide educational goals; academic standards; vocational training; grant program]; Ma. Gen. Laws, Ch. 71, §2 [Teaching of history and social science; professional development; student-led civic projects; commonwealth civics challenge]
• New Jersey: N.J. Stat. § 18A:35-4.36 [Policies, procedures pertaining to inclusive instructional materials]; N.J. Stat. § 18A:35-4.36a [Curriculum to contain instruction on diversity and inclusion]
• New York: NY CLS Title 1, Article 17, § 801 [Courses of instruction in patriotism and citizenship and in certain historic documents]
• North Carolina: N.C. Gen. Stat. §115C.81.40 [North Carolina history and geography]
• Oklahoma: Okla. Stat. tit. 70, § 11-103.6b [Social studies curriculum and textbooks to reflect American diversity]
• Oregon: ORS 329.494 [Instruction about the Holocaust and genocide]; ORS 336.113 [Multicultural education]
• Tennessee: Tenn. Code Ann. § 49-6-1006 [Black history and culture]
• Virginia: Va. Code Ann. § 22.1-208.02 [Culturally Relevant and Inclusive Education Practices Advisory Committee]
• Wisconsin: Wi. Stat. § 118.01 [Educational goals and expectations]

Multicultural

• Iowa: Iowa Code § 256.11 [Educational standards]
• Nebraska: Neb. Rev. Stat. § 79-719 [Multicultural education, defined]; Neb. Rev. Stat. § 79-720 [Multicultural education program; incorporation into curriculum; department; duties];  Neb. Rev. Stat. § 79-721 [Multicultural education; school districts and department; duties; loss of accreditation]; Neb. Rev. Stat. § 79-722 [Evaluation of multicultural education program; report]; Neb. Rev. Stat. § 79-723 [Multicultural education; rules and regulations]; Neb. Rev. Stat. § 79-724[Committee on American civics; created; duties; school board, State Board of Education, and superintendent; duties]
• Nevada: NV Rev Stat § 389.018 [Designation of core academic subjects; minimum units of credit required in high school; exception; additional subjects to be taught. [Effective July 1, 2022.]]
• Ohio: Ohio Rev. Code Ann. §3313.605 [Community service education program]
• Oregon: ORS 336.113 [Multicultural education]
• Tennessee: Tenn. Code Ann. § 49-6-1006 [Black history and culture]
• West Virginia: W. Va. Code § 18-5-15a [Study of multicultural education for school personnel]

Intersectionality

• Colorado: C.R.S. 22-1-104 [Teaching of history, culture, and civil government]; C.R.S. 22-1-104.3 [History, culture, social contributions, and civil government in education commission – established – membership – duties]

Studies: Courses

Studies: Black

• Connecticut: CT Gen Stat § 10-16ss [African-American and black studies and Puerto Rican and Latino studies instruction]; CT Gen Stat § 10-16tt [Development of Black and Latino studies course. Audit to ensure course being offered]; CT Gen Stat § 10-16uu [Black and Latino studies course to be offered in grades nine to twelve]

Studies: Diversity

• Nevada: NV Rev Stat § 389.525 [Establishment of standards of content and performance for ethnic and diversity studies for pupils enrolled in high school; provision of instruction in ethnic and diversity studies; regulations]

Studies: Ethnic

• California: Cal Ed Code Div. 4 Part 28, Chap. 2 § 51226.7 [Courses of Study, Grades 7 to 12 [51220 – 51230]]
• Indiana: IC 20-30-5-7 [Curriculum; ethnic and racial groups course; naturalization examination report; posting pass rate]
• Nevada: NV Rev Stat § 389.525 [Establishment of standards of content and performance for ethnic and diversity studies for pupils enrolled in high school; provision of instruction in ethnic and diversity studies; regulations]

Studies: Hispanic

• Connecticut: CT Gen Stat § 10-16ss [African-American and black studies and Puerto Rican and Latino studies instruction]; CT Gen Stat § 10-16tt [Development of Black and Latino studies course. Audit to ensure course being offered]; CT Gen Stat § 10-16uu [Black and Latino studies course to be offered in grades nine to twelve]

Studies: Multicultural

• North Dakota: N.D. Cent. Code § 15.1-21-02.2 [High school graduation – Minimum requirements]; N.D. Cent. Code § 15.1-21-25 [High school graduation – Minimum requirements]

Studies: Native American

• California: Cal Ed Code Div. 4 Part 28, Chap. 2 § 51226.9 [Courses of Study, Grades 7 to 12 [51220 – 51230]]

Miscellaneous

Current Events

• North Carolina: N.C. Gen. Stat. §115C.81.45 [Classes conducted in English; citizenship; and civic literacy]; N.C. Gen. Stat. §115C.81.55 [Current events]
• Oregon: ORS 329.493 [Curriculum relating to Native American experience in Oregon]

Environmental Principles

• California: Cal Ed Code Div. 4 Part 28, Chap. 2 § 51227.3 [Courses of Study, Grades 7 to 12 [51220 – 51230]]

Human Rights

• California: Cal Ed Code Div. 4 Part 28, Chap. 2 § 51226.3 [Courses of Study, Grades 7 to 12 [51220 – 51230]]
• Delaware: 14 DE Code § 4141 [Holocaust instruction]
• Mississippi: Miss. Code Ann. § 37-13-193 [Civil rights and human rights education in public schools authorized; guidelines to be implemented]
• New York: NY CLS Title 1, Article 17, § 801 [Courses of instruction in patriotism and citizenship and in certain historic documents]
• Oregon: NY CLS Title 1, Article 17, § 801 [Courses of instruction in patriotism and citizenship and in certain historic documents]
• Pennsylvania: 24 P.S. § 15-1554 [Holocaust, genocide and human rights violations instruction]
• Rhode Island: R.I. Gen. Laws § 16-22-22 [Genocide and human rights education]

Media Literacy

• California: Cal Ed Code Div. 4 Part 28, Chap. 2 § 51206.4 [General Provisions [51200 – 51206.4]]
• Colorado: C.R.S. 22-2-145 [Media literacy – committee – report – strategic plan – resource bank – definition – rules]; C.R.S. 22-7-1005 [Preschool through elementary and secondary education – aligned standards – adoption – revisions]
• Florida: Fla. Stat. § 1003.41 [Next Generation Sunshine State Standards]
• Massachusetts: Ma. Gen. Laws, Ch. 71, §2

Teaching of history and social science; professional development; student-led civic projects; commonwealth civics challenge

• Rhode Island: R.I. Gen. Laws § 16-22-28 [Instruction in media literacy]
• Texas: Texas Education Code §28.002 [Required Curriculum]

The National Association of Scholars, in consultation with other supporters and friends of the Civics Alliance, drafted this list of statutes to repeal to translate into legislative policy the principles in the Civics Alliance’s Civics Curriculum Statement & Open Letter. This list has been drafted with the expectation that not every supporter of the Civics Alliance will endorse this list or every part of it. Individual Civics Alliance signatories and supporters should not be assumed to have endorsed this list, unless they say so explicitly.