Schools Nondiscrimination Act

Introduction

Many states have now passed laws requiring that civics and history classes include coverage of an ever-lengthening number of identity groups, as well as of particular events in world or American history. Many of these laws are well-intentioned., but at best they distract from the imperative to teach about the nature and achievements of Western Civilization’s and America’s ideals and institutions of liberty. They often register the relative influence of particular interest groups in individual states. Increasingly, these laws now require or facilitate the imposition of radical identity-group ideology on the curriculum. States have also begun to impose race-segregated pedagogy on their students.

A proper civics and history education now requires that these laws all be repealed, in whole or in part.

We believe that what is worth saving from these laws is a principle of nondiscrimination—that no one should be either included or excluded from our nation’s curricula on account of their race, sex, or other group identities. We, therefore, provide a model Nondiscrimination bill. This bill applies to content standards, curricula, training, textbooks, and all other school materials.

Identity Groups

Many states now specifically require instruction in the history of an ever-proliferating list of identity groups, including African Americans, Asian Americans, European Americans, Hispanic Americans, Native Americans, women, gay Americans, and disabled Americans. They also have begun to require separate pedagogy for different identity groups. Civics and history instruction need to be about and for Americans, full stop. Frederick Douglass and Martin Luther King need no law or special justification to guarantee they will appear in America’s civics and history courses—and George Washington and Abraham Lincoln should not struggle to figure in our civics and history courses, because a host of statutory mandates leave no class time to discuss them.

Genocide and Holocaust Instruction

We have the greatest sympathy for the intent behind laws that require instruction in genocide and the Holocaust. Unfortunately, these bills are now stalking horses for radical activism. These laws, and the curricula they authorize, increasingly define “genocide” to include “cultural genocide”—which includes any assimilatory policies encouraged by the United States. They also use these laws to promote teaching against “hate”—which translates to requiring radical propaganda in the schools on the grounds that Americans will commit genocide if they are not thoroughly indoctrinated by progressive activists. It is a particularly bitter irony that the desire to teach Americans about the Holocaust has resulted in propaganda to de-legitimize the state of Israel on the spurious grounds that it has committed a “genocide” against the Palestinians.

We trust that America’s schools will teach the Holocaust without legislative prompting—as they will teach the Holodomor, the Rape of Nanking, China’s Tibetan genocide, and the Rwandan genocide. They will teach them better when these laws are repealed, which will substitute radical activism for genuine instruction in the all too lengthy history of man’s inhumanity to man.

Model Legislative Text

SECTION A

  1. No person shall be included or excluded from a course of instruction because of that person’s race, sex, or other group identity.
  2. No work shall be included or excluded from a course of instruction because of its creator’s race, sex, or other group identity.
  3. No event shall be included or excluded from a course of instruction because it primarily concerned a particular group.
  4. When a school decides to include or exclude a particular person, work, or event in its course of instruction, it will make that decision by assessing the significance of the person, work, or event to America as a whole, and in particular to the development of America’s ideals and institutions of liberty.

SECTION B

The provisions of Section A shall apply to content standards, curricula, trainings, textbooks, and all other school materials.

SECTION C

  1. 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.

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

Identity Groups: Content Standards

History: Identity: Africa
History: Identity: Asian American
  • 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]
  • Illinois: 105 ILCS 5/27-21 [History of United States]
  • Illinois: 105 ILCS 5/27-20.8 [Asian American history study]
  • Nebraska: Neb. Rev. Stat. § 79-719 [Multicultural education, defined]
  • Oregon: ORS 329.045 [Revision of Common Curriculum Goals, performance indicators, diploma requirements, Essential Learning Skills and academic content standards]; ORS 329.492 [Oregon Studies]
History: Identity: Barack Obama
History: Identity: Black
History: Identity: Chinese American
History: Identity: Civil Rights Movement
History: Identity: Disability
History: Identity: European Americans
History: Identity: Filipino-American
History: Identity: Hispanic
History: Identity: Hmong
History: Identity: Immigrant
History: Identity: Labor Union
History: Identity: LGBTQ
History: Identity: Mexican American
History: Identity: Middle Eastern
  • Oregon: ORS 329.045 [Revision of Common Curriculum Goals, performance indicators, diploma requirements, Essential Learning Skills and academic content standards]
History: Identity: Native American
History: Identity: Pacific Islander
History: Identity: Puerto Rican
History: Identity: Slavery
History: Identity: Vietnamese American
History: Identity: Women

Identity Groups: Pedagogy

  • Oregon: ORS 329.841 [Statewide education plan for students who are black or African-American or who are members of student group not covered by existing culturally specific plan; advisory group; report; grants; rules]; ORS 329.843[Statewide education plan for students who are American Indian or Alaskan Native; advisory group; report; grants; rules]; ORS 329.845 [Statewide education plan for students who are Latino or Hispanic; advisory group; report; grants; rules]
  • Virginia: Va. Code Ann. § 22.1-208.02 [Culturally Relevant and Inclusive Education Practices Advisory Committee]

Events: Content Standards

History: Events: Genocide
History: Events: Genocide: Holocaust
History: Events: Genocide: Armenian
  • California: Cal Ed Code Div. 4 Part 28, Chap. 2 § 51220 [Courses of Study, Grades 7 to 12 [51220 – 51230]]; Cal Ed Code Div. 4 Part 28, Chap. 2 § 51226.3 [Courses of Study, Grades 7 to 12 [51220 – 51230]]
  • Colorado: C.R.S. 22-1-104.7 [Teaching of Holocaust and genocide studies – definitions]
  • Illinois: 105 ILCS 5/27-20.3 [Holocaust and Genocide Study]
  • Michigan: MCL 380.1168 [Social studies curriculum; inclusion of age- and grade-appropriate instruction about genocide; governor’s council on genocide and Holocaust education; creation; members; appointment; vacancy; removal; meetings; election of chairperson and other officers; quorum; conduct of business at public meeting; writing subject to freedom of information act; expenses; use of state funds; duties; advisory body; definitions.]; MCL 380.1278 [Core academic curriculum]
  • Rhode Island: R.I. Gen. Laws § 16-22-22 [Genocide and human rights education]
History: Events: Genocide: Bosnia
History: Events: Genocide: Cambodian
History: Events: Genocide: Darfur
History: Events: Genocide: Rwandan
History: Events: Genocide: Sudan
History: Events: Genocide: Ukraine
History: Events: Bracero Program
History: Events: Irish Famine
History: Events: Mexican Deportation
History: Events: Mussolini Fascist Regime
History: Events: Oklahoma City Bombing
History: Events: Vietnam War
History: Events: World War II

Methods: Content Standards

History: Method: Oral

The National Association of Scholars, in consultation with other supporters and friends of the Civics Alliance, drafted these model bills to translate into legislative language the principles in the Civics Alliance’s Civics Curriculum Statement & Open Letter. Just as these bills have been drafted with the expectation that different states will modify them as they see fit, they also have been drafted with the expectation that not every supporter of the Civics Alliance will endorse these bills or every part of them. Individual Civics Alliance signatories and supporters should not be assumed to have endorsed these bills, unless they say so explicitly.

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