A resolution expressing the sense of the Senate that Critical Race Theory serves as a prejudicial ideological tool, rather than an educational tool, and should not be taught in K-12 classrooms as a way to teach students to judge individuals based on sex, race, ethnicity, or national origin.

III 117TH CONGRESS 1ST SESSION S. RES. 246 Expressing the sense of the Senate that Critical Race Theory serves as a prejudicial ideological tool, rather than an educational tool, and should not be taught in K–12 classrooms as a way to teach students to judge individuals based on sex, race, ethnicity, or national origin. IN THE SENATE OF THE UNITED STATES MAY 27, 2021 Mr. SCOTT of Florida (for himself, Mr. BRAUN, and Mrs. BLACKBURN) sub- mitted the following resolution; which was referred to the Committee on Health, Education, Labor, and Pensions RESOLUTION Expressing the sense of the Senate that Critical Race Theory serves as a prejudicial ideological tool, rather than an educational tool, and should not be taught in K–12 class- rooms as a way to teach students to judge individuals based on sex, race, ethnicity, or national origin. Whereas Critical Race Theory seeks to portray the United States not as a united Nation of people, families, and communities striving for a common purpose, but rather a Nation of many victimized groups based on sex, race, ethnicity, or national origin; Whereas Critical Race Theory’s teachings stand in contrast to the overarching goal of the Civil Rights Act of 1964 VerDate Sep 11 2014 21:51 May 28, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR246.IS SR246 pbinns on DSKJLVW7X2PROD with BILLS 2 •SRES 246 IS to prevent discrimination on the basis of race, color, or national origin in the United States; Whereas William Jacobson, a Cornell University professor, created criticalrace.org to highlight the over 200 univer- sities across the Nation with Critical Race Theory pro- gramming; Whereas, while present on college and university campuses for decades, Critical Race Theory has increasingly infil- trated our Nation’s elementary and secondary school classrooms in recent years; Whereas Critical Race Theory serves to resegregate institu- tions of education and balkanize students into groups by race and ethnicity; Whereas efforts to indoctrinate Critical Race Theory into United States school children are designed to eventually transform the United States by stigmatizing its economic system and creating a hatred of all its institutions; Whereas Critical Race Theory founder Derrick Bell has stat- ed that ‘‘most critical race theorists are committed to a program of scholarly resistance, and most hope scholarly resistance will lay the groundwork for wide-scale resist- ance’’; Whereas Critical Race Theory serves to reinforce the soft big- otry of low expectations by substituting systemic racism as the determining factor in academic achievement gaps rather than the ongoing failure of policymakers and the education system to provide students of color necessary educational opportunities; Whereas Critical Race Theory has manifested itself in various damaging ways in United States elementary and sec- ondary schools; VerDate Sep 11 2014 21:51 May 28, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\SR246.IS SR246 pbinns on DSKJLVW7X2PROD with BILLS 3 •SRES 246 IS Whereas the 1619 Project, which puts slavery, not the ideal of equality, at the center of our Nation’s storyline and has been widely debunked by historians across the ideo- logical spectrum, is nevertheless being taught in 4,500 classrooms across the country; Whereas the California Department of Education (CDE) Foundation, in partnership with over 30 education orga- nizations and the Bill and Melinda Gates Foundation, de- veloped ‘‘A Pathway to Equitable Math Instruction’’ tool- kit that promotes the concept that White supremacy manifests itself through the focus on finding the right an- swers, thereby discouraging teachers from requiring stu- dents to show their work or consider ways there could be 2 answers to a problem; Whereas, in 2017, the Seattle Public School Board directed the Ethnic Studies Task Force to develop an ethnic stud- ies curriculum, which defined ethnic studies as a way to counteract systems of oppression, such as patriarchy and capitalism; Whereas the Madison Metropolitan School District is requir- ing staff to participate in a mandatory 21 hours of pro- fessional development that claim practices such as teach- ers leading a classroom, keeping a class on schedule, and the term ‘‘student’’ are a part of White, Western thought and are racist; Whereas students at a Las Vegas charter school were re- quired to take a year-long virtual ‘‘Sociology of Change’’ course where assignments required students to reveal their race, gender, sexual orientation, and disabilities and then determine if oppression or privilege were a part of those identities, allegedly without any accommodations if a student had a conscientious objection to the course; VerDate Sep 11 2014 21:51 May 28, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\SR246.IS SR246 pbinns on DSKJLVW7X2PROD with BILLS 4 •SRES 246 IS Whereas, in October 2020, the San Diego Unified School District Board of Education voted to change ‘‘discrimina- tory grading practices’’ and no longer requires students to turn in their homework on time in order to ‘‘be an anti-racist school district’’; Whereas, while students should learn how to actively engage in civil society, Critical Race Theory often advocates for ‘‘action civics’’, which in some school districts has re- sulted in students being taught how to engage in disrup- tive protests without as much concern for teaching the fundamentals of how government works and why; Whereas, according to the Annenberg Public Policy Center at the University of Pennsylvania, just over half of all indi- viduals in the United States cannot name all 3 branches of Government, and 76 percent of eighth grade students scored at or below proficient in civics on the most recent National Assessment of Educational Progress (NAEP) assessment; Whereas State legislators across the country have introduced bills to prevent schools from teaching that— (1) the United States is fundamentally racist or sex- ist; and (2) on account of an individual’s race or gender, they may be responsible for actions committed in the past; Whereas, on January 19, 2021, the Department of Edu- cation’s Office for Civil Rights posted a webinar to pro- vide an overview on how racially exclusive practices are prohibited under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), but the Department of Edu- cation has since archived the webinar and labeled it as ‘‘not for reliance’’; and VerDate Sep 11 2014 21:51 May 28, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6300 E:\BILLS\SR246.IS SR246 pbinns on DSKJLVW7X2PROD with BILLS 5 •SRES 246 IS Whereas, on January 22, 2021, the Department of Edu- cation’s Office for Civil Rights reportedly suspended a finding that an Illinois school district violated title VI of the Civil Rights Act when it segregated students and staff, directed teachers to treat students differently based on their race, and endorsed racially charged messages: Now, therefore, be it Resolved, That the Senate— 1 (1) condemns racism in all forms and calls on 2 the people of the United States to eliminate racism 3 and defend the civil rights of all individuals, includ- 4 ing within our Nation’s education system; 5 (2) calls on the Department of Education’s Of- 6 fice for Civil Rights and State attorneys general to 7 assist schools in being compliant with existing civil 8 rights laws and to investigate and enforce the law 9 when appropriate; 10 (3) supports the actions taken by States and 11 communities to implement policies and practices to 12 protect the rights of parents and guardians to know 13 what their children are being taught; 14 (4) calls on States and communities to support 15 curriculum transparency policies that make elemen- 16 tary and secondary education curriculum materials 17 accessible, including online, to parents, guardians, 18 and the public for review before the use of such ma- 19 terials; 20 VerDate Sep 11 2014 21:51 May 28, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\SR246.IS SR246 pbinns on DSKJLVW7X2PROD with BILLS 6 •SRES 246 IS (5) recognizes that open enrollment and school 1 choice policies allow students to access the school, 2 and thereby the curriculum, which the parent or 3 guardian believes is best positioned to educate the 4 student; 5 (6) condemns State and local educational agen- 6 cies that facilitate or expend resources on education 7 and professional development exercises that focus on 8 ostracizing 1 individual or group from another; 9 (7) condemns the practice of requiring teachers 10 to receive Critical Race Theory education in order to 11 be certified as a teacher; and 12 (8) urges State and local educational agencies 13 to ensure that students are taught civics education 14 to learn— 15 (A) the core tenants of the United States 16 Government, the Constitution of the United 17 States, and the rule of law; and 18 (B) that the Civil Rights Act of 1964 pro- 19 hibits discrimination by race, color, or national 20 origin. 21 Æ VerDate Sep 11 2014 21:51 May 28, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\SR246.IS SR246 pbinns on DSKJLVW7X2PROD with BILLS