Alabama lawmakers file ‘divisive concepts’, parental rights bills ahead of session

Alabama lawmakers file ‘divisive concepts’, parental rights bills ahead of session

Alabama lawmakers have pre-filed two bills dealing with parental rights and divisive concepts ahead of the upcoming legislative session.

The pair of bills are some of the first filed. One law’s language is similar to a bill filed last year — but does not mention “critical race theory,” a term for an academic theory that has become a flashpoint nationally.

Rep. Ed Oliver, R-Dadeville, has filed HB7, which prohibits the teaching of divisive concepts related to race, sex or religion in both K-12 schools and higher education.

The bill has 21 co-sponsors. It has been assigned to the House State Government committee.

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House lawmakers passed a similar bill Oliver filed last year in a 65 to 32 vote. It made it through a Senate committee, but the full Senate did not vote on it. Lawmakers instead focused on passing bills that restricted some discussion of LGBTQ issues in elementary school.

“We are fighting for a colorblind America and we believe that it is an abuse of power to subject students or employees who are in a subordinate position to learn racist concepts,” Oliver said in an interview about the 2022 bill last year.

HB7 gives state agencies, local boards of education and colleges the authority to “discipline or terminate” employees and contractors who violate the bill’s provisions.

Beyond the teaching of divisive concepts, the bill prohibits schools and universities from requiring students, employees or contractors “to attend or participate in any training, orientation, or course work that advocates, acts upon, or promotes divisive concepts.”

The bill also prohibits schools and colleges from applying for federal or private funding related to any of the prohibited activities in the bill.

Oliver’s bill does include allowances for discussions of divisive concepts at the college level, as long as topics are taught “in an objective manner and without endorsement as part of a larger course of academic instruction, provided the institution and its employees do not compel assent to any divisive concept and otherwise act pursuant to the provisions of this act.

The caveat would possibly allow discussion of critical race theory, gender theory, and other academic concepts commonly taught in history, law and sociology classes. Last year, during debates, teachers and professors said that critical race theory was not taught in K-12 classrooms.

Read more: What is critical race theory? Is it taught in Alabama schools?

Read more: No one was talking about critical race theory. Alabama lawmakers targeted it anyways.

Rep. Kenneth Paschal, R-Pelham, filed HB6, which prohibits the government from interfering with the “fundamental rights of parents” unless it is “narrowly tailored” and there is a “compelling state interest.”

Language in HB6 declares both the U.S. and Alabama Supreme Courts have recognized parents’ rights to “direct the upbringing of their children,” which is further defined as “education, upbringing, care, custody, and control of their children.”

The bill has three co-sponsors and has been assigned to the House Judiciary committee.