SUMMARY:  LC 49 0599

Like HB 888, this is a CRT bill without ever mentioning CRT.  Unlike HB 888, this one includes schools (section 1), cities and counties (section 2), and state agencies (part 3). See also SB 377 and HB 1084

Each local board and superintendent shall prohibit employees from discriminating against students and other employees based on race, sex, or any characteristic protected by state or federal law.  The board and superintendent must also ensure that all diversity and inclusion efforts directed to employees shall encourage them not to judge each other based on race, sex, or any characteristic protected by federal or state law.

Each local board and superintendent may provide for curricula or training programs that foster learning and workplace environments where all students, employees, and school community members are respected and that promote diversity and inclusiveness, BUT no curriculum or mandatory training program whether taught or facilitated by school personnel or a third party engaged by the school system may teach, act upon, promote, or encourage divisive concepts, race or sex scapegoating, or race or sex stereotyping [see below for definitions]. This shall not be construed to prohibit a school administrator, teacher, or other school personnel, or an individual facilitating a training program from responding in an objective manner and without endorsement to questions regarding specific divisive concepts raised by students, school community members, or participants in a training program. 

From January 1, 2023 forward, any contract for goods or services entered into or renewed by or on behalf of a local board of education or local school system must contain a provision that allows for the termination of the contract if the contractor has during the previous year provided a workforce training program to its employees or subcontractors which acted upon, promoted, or encouraged divisive concepts, race or sex scapegoating, or race or sex stereotyping.

At the time a contractor submits a bid or proposal for a contract or before the contractor enters into or renews a contract for goods or services with a local board of education or local school system, the contractor must certify that the contractor will not provide workforce training programs that act upon, promote, or encourage divisive concepts or race or sex stereotyping for the duration of the contract.

None of the above is to be interpreted to inhibit or violate Constitutional rights or undermine intellectual freedom or freedom of expression, to prevent a local board or school system from promoting diversity or inclusiveness if they do not conflict with the above provisions, prohibit discussion of divisive concepts as part of a larger course of instruction in an objective manner and without endorsement, to prohibit the use of curriculum that addresses topics of sexism, slavery, racial oppression, racial segregation, or racial discrimination, to create any right or benefit enforceable at law or in equity by any party against a local board or school system, its employees etc., or to prohibit a state or federal court or agency of competent jurisdiction from ordering training or other remedial action that discusses divisive concepts due to a finding of discrimination. 

Divisive concepts are defined in the bill as the following:

      One race or sex is inherently superior to another race or sex

      The United States is fundamentally racist or sexist

      An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously

      An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex

      Members of one race or sex cannot and should not attempt to treat others without respect to race or sex

      An individual's moral character is inherently determined by his or her race or sex

      An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by others of the same race or sex

      An individual should feel discomfort, guilt, anguish, or any other form of psychological distress because of his or her race or sex

      Meritocracy or traits such as a hard work ethic are racist or sexist or were created by individuals of a particular race to oppress individuals of another race

      Any other for of race or sex scapegoating

Race or sex scapegoating is defined in the bill as assigning fault, blame, or bias to a race or sex, or to an individual or a particular race or sex because of his or her race or sex.

Race or sex stereotyping is defined here as ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex. 

EFFECTIVE DATE:

July 1, 2022