Bill Summary for H 187 (2023-2024)
|View NCGA Bill Details||2023-2024 Session|
AN ACT TO DEMONSTRATE THE GENERAL ASSEMBLY'S INTENT THAT STUDENTS, TEACHERS, ADMINISTRATORS, AND OTHER SCHOOL EMPLOYEES RECOGNIZE THE EQUALITY AND RIGHTS OF ALL PERSONS AND TO PROHIBIT PUBLIC SCHOOL UNITS FROM PROMOTING CERTAIN CONCEPTS THAT ARE CONTRARY TO THAT INTENT.Intro. by Torbett, Blackwell, Willis, Wheatley.
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Enacts new GS 115C-81.61 entitled “ensuring dignity and nondiscrimination in schools.” Includes NCGA finding that Article I, Section 1 of the NC Constitution recognizes equality and rights of all persons. Sets forth statement of purpose as that students, teachers, administrators, and other school employees respect the dignity of others, acknowledge the right of others to express differing opinions, and foster and defend intellectual honesty, freedom of inquiry and instruction, and freedom of speech and association and that the public schools of North Carolina employ teaching methods and procedures to further that intent.
Defines promote as compelling students, teachers, administrators, or other school employees to affirm or profess belief in the following thirteen concepts:
(1) One race or sex is inherently superior to another race or sex.
(2) An individual, solely by virtue of his or her race or sex, is inherently racist, sexist, or oppressive.
(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex.
(4) An individual's moral character is necessarily determined by his or her race or sex.
(5) An individual, solely by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex.
(6) Any individual, solely by virtue of his or her race or sex, should feel discomfort, guilt, anguish, or any other form of psychological distress.
(7) A meritocracy is inherently racist or sexist.
(8) The United States was created by members of a particular race or sex for the purpose of oppressing members of another race or sex.
(9) The United States government should be violently overthrown.
(10) Particular character traits, values, moral or ethical codes, privileges, or beliefs should be ascribed to a race or sex or to an individual because of the individual's race or sex.
(11) The rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups.
(12) All Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including life, liberty, and the pursuit of happiness.
(13) Governments should deny to any person within the government's jurisdiction the equal protection of the law.
Bars public school units from promoting any of those thirteen concepts. Requires public school units to notify the Department of Public Instruction and to post general information on their websites (and to provide detailed information upon request) at least 30 days before doing any of the following: (1) providing instruction in any educational or professional setting on any of the thirteen concepts discussed above; (2) contracting with, hiring, or otherwise engaging with diversity trainers, speakers, consultants, or other persons on any of the thirteen concepts discussed above; (3) contracting with, hiring, or otherwise engaging with persons who previously advocated for any of the thirteen concepts discussed above.
Exempts the following from the bar and the notice/posting requirements set forth above: (1) speech protected by the First Amendment of the US Constitution; (2) materials that are part of course of instruction that include (i) the history of an ethnic group, as described in textbooks and instructional materials adopted in accordance with State law; (ii) the impartial discussion of controversial aspects of history; (iii) the impartial instruction on the historical oppression of a particular group of people based on race, ethnicity, class, nationality, religion, or geographic region; or (iv) historical documents relevant to these exemptions that are permitted under GS 115C-47(29c) (non-exhaustive listing of certain materials, including historical documents, the national motto, the national anthem, the pledge of allegiance, Supreme Court decisions, and acts of Congress that are permitted to be encouraged in public school units by local boards of education); (3) individualized access to materials that advocate for the thirteen concepts discussed above for the purpose of research or independent study; (4) assigning materials on those thirteen concepts, or otherwise stating them but in a manner that the public school unit does not sponsor, approve, or endorse those concepts or works.
Amends GS 115C-218.85(a) (charter schools), GS 115C-238.66 (regional schools), GS 116-239.8 (UNC laboratory schools), and Section 6(d) of SL 2018-32 (local boards of education implementing an approved renewal school system plan) to require these entities to comply with newly enacted GS 115C-81.86.