CRT Bill Passes Sub-Committee

January 27, 2023

The K-12 Education Sub-Committee, chaired by Reaganite, Representative Raye Felder, passed House Bill 3728 Transparency and Integrity in Education Act by a 4-2 vote and referred it to the Committee on Education and Public Works.  The bill aims to stop public schools from teaching Critical Race Theory.  Representative Felder provided the following statement to WCNC News:

House bill 3728 ensures that public education instruction, especially in social studies and history, is presented factually and without bias. The bill emphasizes that the broad scope of history—both the good and the bad—must be taught in public schools. The bill does not prohibit the teaching of controversial topics. Instead, it specifically provides that schools can teach the history of ethnic groups as described in state standards and allows for fact-based discussions of controversial aspects of history.

The bill does not cause extra work for teachers, and merely affirms what should be in the syllabi. Because every district has a Learning Management System, it has never been easier for schools to post instructional materials that are used in the classroom. Finally, teachers are not punished for teaching controversial subjects. Teachers can face disciplinary actions if they fail to teach concepts in a fair and impartial manner, but the bill gives teachers a process for an appeal.

Here are the sections of the bill that prohibit CRT. 

Section 59-29-620.   (A)   The following prohibited concepts may not be included or promoted in a course of instruction, curriculum, assignment, instructional program, instructional material (including primary or supplemental materials, whether in print, digital, or online), surveys or questionnaires, or professional educator development or training, nor may a student, employee, or volunteer be compelled to affirm, accept, adopt, or adhere to such prohibited concepts:

      (1)   one race, sex, ethnicity, color, or national origin is inherently superior to another race, sex, ethnicity, color, or national origin;

      (2)   an individual, by virtue of the race, sex, ethnicity, religion, color, or national origin of the individual, inherently is privileged, racist, sexist, or oppressive, whether consciously or subconsciously;

      (3)   an individual should be discriminated against or receive adverse treatment because of the race, sex, ethnicity, religion, color, or national origin of the individual;

      (4)   the moral character of an individual is determined by the race, sex, ethnicity, religion, color, or national origin of the individual;

      (5)   an individual, by virtue of the race or sex of the individual, bears responsibility for actions committed in the past by other members of the same race, sex, ethnicity, religion, color, or national origin;

      (6)   meritocracy or traits such as a hard work ethic:

         (a)   are racist, sexist, belong to the principles of one religion; or

         (b)   were created by members of a particular race, sex, or religion to oppress members of another race, sex, ethnicity, color, national origin or religion; and

      (7)   fault, blame, or bias should be assigned to race, sex, ethnicity, religion, color, or national origin, or to members of a race, sex, ethnicity, religion, color, or national origin because of their race, sex, ethnicity, religion, color, or national origin.

   (B)   Library and media center material, both printed and electronically accessible, must be age appropriate and grade appropriate.

   (C)   A student, administrator, teacher, staff member, other school or district employee, or volunteer may not be required to engage in any form of mandatory gender or sexual diversity training or counseling unless it is prescribed as part of a corrective action plan pursuant to Section 59-29-630(J).

   (D)   Nothing in this section prohibits concepts as part of a course of instruction, in a curriculum or instructional program, or through the use of supplemental instructional materials if these concepts involve:

      (1)   the history of an ethnic group, as described in the South Carolina State Standards and instructional materials adopted pursuant to the South Carolina Code of Regulations 43-70 (Textbook Adoption);

      (2)   the fact-based discussion of controversial aspects of history; or

      (3)   the fact-based instruction on the historical oppression of a particular group of people based on race, ethnicity, class, nationality, religion, or geographic region.

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