AL
Alabama House Bill HB312

Alabama 2022 Regular Session

Alabama House Bill HB312 Compare Versions

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11 1 HB312
2-2 217223-3
2+2 217223-1
33 3 By Representatives Oliver, Crawford, Lipscomb, Stringer,
44 4 Stadthagen, Sorrell, Wadsworth, Smith, Sullivan, Treadaway,
55 5 Kiel, Moore (P), Farley, Robertson, Wood (D), Shaver, Robbins,
66 6 Easterbrook, Shedd, Brown (K), Lovvorn, Ledbetter, Marques,
77 7 Brown (C), Sorrells, Mooney, Fincher, Holmes, Wingo, Dismukes,
88 8 Clouse, Reynolds, Drake, Carns, Greer, McCutcheon, Garrett and
99 9 Standridge
1010 10 RFD: State Government
1111 11 First Read: 08-FEB-22
1212
13-Page 0 1 ENGROSSED
13+Page 0 1 217223-1:n:02/07/2022:AHP*/cmg LSA2022-593
1414 2
1515 3
16-4 A BILL
17-5 TO BE ENTITLED
18-6 AN ACT
16+4
17+5
18+6
1919 7
20-8 Relating to education and training; to prohibit this
21-9 state and any of its political subdivisions or agencies from
22-10 teaching certain concepts relating to race, sex, or religion
23-11 in certain training; to prohibit public K-12 schools from
24-12 teaching certain concepts relating to race, sex, or religion;
25-13 to prohibit public institutions of higher education from
26-14 compelling students to assent to certain concepts relating to
27-15 race, sex, or religion; and to authorize state agencies,
28-16 political subdivisions, public K-12 schools, and public
29-17 institutions of higher education to discipline or terminate
30-18 certain employees.
31-19 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
32-20 Section 1. For the purposes of this act, the
33-21 following terms have the following meanings:
34-22 (1) CONTRACTOR. Any person, individual, or entity
35-23 that in any manner has entered into a contract, or that
36-24 performs a subcontract pursuant to a contract, with this
37-25 state.
38-26 (2) DIVISIVE CONCEPT. Any of the following concepts:
39-Page 1 1 a. That one race, sex, or religion is inherently
40-2 superior to another race, sex, or religion.
41-3 b. That this state or the United States is
42-4 inherently racist or sexist.
43-5 c. That an individual, solely by virtue of his or
44-6 her race or sex, is inherently racist, sexist, or oppressive,
45-7 whether consciously or unconsciously.
46-8 d. That an individual should be discriminated
47-9 against or receive adverse treatment solely on the basis of
48-10 his or her race.
49-11 e. That members of one race should attempt to treat
50-12 others differently solely on the basis of race.
51-13 f. That an individual's moral character is
52-14 determined solely on the basis of his or her race, sex, or
53-15 religion.
54-16 g. That an individual, solely by virtue of his or
55-17 her race, sex, or religion, bears responsibility for actions
56-18 committed in the past by other members of the same race, sex,
57-19 or religion.
58-20 h. That fault, blame, or bias should be assigned to
59-21 a race, sex, or religion, or to members of a race, sex, or
60-22 religion, solely on the basis of their race, sex, or religion.
61-23 i. That any individual should be asked to accept,
62-24 acknowledge, affirm, or assent to a sense of guilt,
63-25 complicity, or a need to work harder solely on the basis of
64-26 his or her race or sex.
65-Page 2 1 j. That meritocracy or traits such as a hard work
66-2 ethic are racist or sexist.
67-3 k. That with respect to American values, slavery and
68-4 racism are anything other than deviations from, betrayals of,
69-5 or failures to live up to the founding principles of the
70-6 United States, which include liberty and equality.
71-7 (3) STATE. Includes agencies and political
72-8 subdivisions of the State of Alabama, including school
73-9 districts and public K-12 schools and institutions of higher
74-10 education.
75-11 (4) STUDENT. Any individual enrolled in a state
76-12 public K-12 school or institution of higher education.
77-13 Section 2. (a) No state agency nor any public K-12
78-14 school may teach, instruct, or train any employee, contractor,
79-15 staff member, teacher, student, or any other individual or
80-16 group of individuals to adopt or believe a divisive concept. A
81-17 public institution of higher education or employee of a public
82-18 institution of higher education may teach about doctrines
83-19 pertaining to a divisive concept as part of a larger course of
84-20 academic instruction, provided the institution or employee
85-21 does not compel students to assent to the concept and the
86-22 instruction follows the requirements of subsection (f).
87-23 (b) No employee, contractor, staff member, teacher,
88-24 trainer, or student of the state shall face any penalty or
89-25 discrimination on account of his or her refusal to support,
90-26 believe, endorse, embrace, confess, act upon, or otherwise
91-27 assent to a divisive concept.
92-Page 3 1 (c) No state employee, contractor, staff member,
93-2 teacher, or trainer shall be compelled by a policy of any
94-3 subdivision of this state, public school district, or public
95-4 K-12 school to share his or her personal point of view on
96-5 widely debated and currently controversial issues of public
97-6 policy or social affairs.
98-7 (d) The state shall not apply for or accept a
99-8 federal grant or federal funding if the grant or funding is
100-9 granted for the purpose of compelling assent to any divisive
101-10 concept or practice, or if the grant or funding is granted for
102-11 the purpose of training in any divisive concept or practice as
103-12 described in subsection (f).
104-13 (e) The state shall not accept private funding for
105-14 curriculum development, purchase, or choice of curricular
106-15 materials, teacher training, or professional development that
107-16 requires adherence to any divisive concept or practice as
20+8 SYNOPSIS: This bill would prohibit this state and any
21+9 of its political subdivisions or agencies from
22+10 promoting or advancing certain concepts regarding
23+11 race, sex, or religion in certain teaching or
24+12 training.
25+13 This bill would prohibit the state from
26+14 teaching or training employees, contractors,
27+15 teachers, or students to adopt or believe certain
28+16 concepts regarding race, sex, or religion.
29+17 This bill would prohibit public institutions
30+18 of higher education and their employees from
31+19 promoting or advancing certain concepts regarding
32+20 race, sex, or religion except as part of teaching
33+21 about doctrines regarding race, sex, or religion as
34+22 part of a larger course of academic instruction
35+23 without compelling students to assent to the
36+24 concepts.
37+25 This bill would prohibit public K-12 schools
38+26 and public institutions of higher education and
39+27 their employees from using or introducing courses
40+Page 1 1 of instruction or units of study directing or
41+2 compelling students to adhere to or affirm certain
42+3 concepts regarding race, sex, or religion.
43+4 This bill would also authorize state
44+5 agencies, political subdivisions, public K-12
45+6 schools, and public institutions of higher
46+7 education to discipline or terminate the employment
47+8 of any employee who violates this act.
48+9
49+10 A BILL
50+11 TO BE ENTITLED
51+12 AN ACT
52+13
53+14 Relating to education and training; to prohibit this
54+15 state and any of its political subdivisions or agencies from
55+16 teaching certain concepts relating to race, sex, or religion
56+17 in certain training; to prohibit public K-12 schools from
57+18 teaching certain concepts relating to race, sex, or religion;
58+19 to prohibit public institutions of higher education from
59+20 compelling students to assent to certain concepts relating to
60+21 race, sex, or religion; and to authorize state agencies,
61+22 political subdivisions, public K-12 schools, and public
62+23 institutions of higher education to discipline or terminate
63+24 certain employees.
64+25 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
65+26 Section 1. For the purposes of this act, the
66+27 following terms have the following meanings:
67+Page 2 1 (1) CONTRACTOR. Any person, individual, or entity
68+2 that in any manner has entered into a contract, or that
69+3 performs a subcontract pursuant to a contract, with this
70+4 state.
71+5 (2) DIVISIVE CONCEPT. Any of the following concepts:
72+6 a. That one race, sex, or religion is inherently
73+7 superior to another race, sex, or religion.
74+8 b. That this state or the United States is
75+9 inherently racist or sexist.
76+10 c. That an individual, solely by virtue of his or
77+11 her race or sex, is inherently racist, sexist, or oppressive,
78+12 whether consciously or unconsciously.
79+13 d. That an individual should be discriminated
80+14 against or receive adverse treatment solely on the basis of
81+15 his or her race.
82+16 e. That members of one race should attempt to treat
83+17 others differently solely on the basis of race.
84+18 f. That an individual's moral character is
85+19 determined solely on the basis of his or her race, sex, or
86+20 religion.
87+21 g. That an individual, solely by virtue of his or
88+22 her race, sex, or religion, bears responsibility for actions
89+23 committed in the past by other members of the same race, sex,
90+24 or religion.
91+25 h. That fault, blame, or bias should be assigned to
92+26 a race, sex, or religion, or to members of a race, sex, or
93+27 religion, solely on the basis of their race, sex, or religion.
94+Page 3 1 i. That any individual should be asked to accept,
95+2 acknowledge, affirm, or assent to a sense of guilt,
96+3 complicity, or a need to work harder solely on the basis of
97+4 his or her race or sex.
98+5 j. That meritocracy or traits such as a hard work
99+6 ethic are racist or sexist.
100+7 k. That with respect to American values, slavery and
101+8 racism are anything other than deviations from, betrayals of,
102+9 or failures to live up to the founding principles of the
103+10 United States, which include liberty and equality.
104+11 (3) STATE. Includes agencies and political
105+12 subdivisions of the State of Alabama, including school
106+13 districts and public K-12 schools and institutions of higher
107+14 education.
108+15 (4) STUDENT. Any individual enrolled in a state
109+16 public K-12 school or institution of higher education.
110+17 Section 2. (a) No state agency nor any public K-12
111+18 school may teach, instruct, or train any employee, contractor,
112+19 staff member, teacher, student, or any other individual or
113+20 group of individuals to adopt or believe a divisive concept. A
114+21 public institution of higher education or employee of a public
115+22 institution of higher education may teach about doctrines
116+23 pertaining to a divisive concept as part of a larger course of
117+24 academic instruction, provided the institution or employee
118+25 does not compel students to assent to the concept and the
119+26 instruction follows the requirements of subsection (f).
120+Page 4 1 (b) No employee, contractor, staff member, teacher,
121+2 trainer, or student of the state shall face any penalty or
122+3 discrimination on account of his or her refusal to support,
123+4 believe, endorse, embrace, confess, act upon, or otherwise
124+5 assent to a divisive concept.
125+6 (c) No state employee, contractor, staff member,
126+7 teacher, or trainer shall be compelled by a policy of any
127+8 subdivision of this state, public school district, or public
128+9 K-12 school to share his or her personal point of view on
129+10 widely debated and currently controversial issues of public
130+11 policy or social affairs.
131+12 (d) The state shall not apply for or accept a
132+13 federal grant or federal funding if the grant or funding is
133+14 granted for the purpose of compelling assent to any divisive
134+15 concept or practice, or if the grant or funding is granted for
135+16 the purpose of training in any divisive concept or practice as
108136 17 described in subsection (f).
109-18 (f) No state agency, employee, contractor, staff
110-19 member, teacher, or trainer of a public K-12 school, or public
111-20 institution of higher education, as part of any course work,
112-21 for any class credit, or for professional training, may do any
113-22 of the following:
114-23 (1) Promote or inculcate students of a public K-12
115-24 school with any divisive concept.
116-25 (2) Compel students of a public institution of
117-26 higher education to assent to any divisive concept.
118-Page 4 1 (3) Require students or trainees to participate in a
119-2 practicum, action project, or similar activity that involves
120-3 lobbying for legislation at the federal, state, or local
121-4 level, or any activity involving social or public policy
122-5 advocacy as part of the course work expressly related to any
123-6 divisive concept.
124-7 Section 3. (a) The fair and equal treatment of
125-8 individuals is an inviolable principle that must be maintained
126-9 in the state workplace. Each agency shall continue all
127-10 training that will foster a workplace that is respectful of
128-11 all employees.
129-12 (b) The head of each state agency shall use his or
130-13 her authority to ensure that the agency, agency employees
131-14 while on duty status, and any contractors hired by the agency
132-15 to provide required training, workshops, forums, or similar
133-16 programming for purposes of training, do not teach, advocate,
134-17 act upon, or promote to agency employees any divisive concept.
135-18 (c) Agency diversity and inclusion efforts shall
136-19 encourage agency employees not to judge each other by their
137-20 color, race, ethnicity, sex, religion, or any other
138-21 characteristic protected by federal or state law.
139-22 Section 4. (a) Nothing in this act shall prevent
140-23 agencies or contractors from promoting racial, cultural, or
141-24 ethnic diversity or inclusiveness, provided these efforts are
142-25 consistent with the requirements of this act.
143-26 (b) Nothing in this act shall be construed to
144-27 prohibit a public institution of higher education from
145-Page 5 1 providing any instruction in furtherance of satisfying any
146-2 accreditation standard or discussing any divisive concept in
147-3 an objective manner and without endorsement as part of a
148-4 larger course of academic instruction, provided the general
149-5 provisions for all state employees in Section 2 are adhered
150-6 to, in addition to the following conditions:
151-7 (1) The institution does not require a student,
152-8 teacher, administrator, trainee, or other state employee to
153-9 attend or participate in a class session, training seminar,
154-10 continuing education course, orientation, or therapy session
155-11 that compels assent to a divisive concept as described in
156-12 Section 1.
157-13 (2) The institution expressly makes clear that it
158-14 does not endorse these divisive concepts.
159-15 Section 5. It is the intent of the Legislature that
160-16 all constitutionally created boards of trustees comply with
161-17 the requirements of this act.
162-18 Section 6. All state agencies and political
163-19 subdivisions, including public K-12 schools and public
164-20 institutions of higher education, may discipline or terminate
165-21 the employment of any employee or contractor who violates this
166-22 act. Any disciplinary action or termination of an employee of
167-23 a public institution of higher education shall remain subject
168-24 to relevant policies established by the institution. Public
169-25 K-12 school terminations remain subject to the appeal of the
170-26 termination to the local board of education or State Board of
171-27 Education if applicable, or, if applicable, the Teacher
172-Page 6 1 Accountability Act, Chapter 24B of Title 16, Code of Alabama
173-2 1975, and the Students First Act, Chapter 24C of Title 16,
174-3 Code of Alabama 1975.
137+18 (e) The state shall not accept private funding for
138+19 curriculum development, purchase, or choice of curricular
139+20 materials, teacher training, or professional development that
140+21 requires adherence to any divisive concept or practice as
141+22 described in subsection (f).
142+23 (f) No state agency, employee, contractor, staff
143+24 member, teacher, or trainer of a public K-12 school, or public
144+25 institution of higher education, as part of any course work,
145+26 for any class credit, or for professional training, may do any
146+27 of the following:
147+Page 5 1 (1) Promote or inculcate students of a public K-12
148+2 school with any divisive concept.
149+3 (2) Compel students of a public institution of
150+4 higher education to assent to any divisive concept.
151+5 (3) Require students or trainees to participate in a
152+6 practicum, action project, or similar activity that involves
153+7 lobbying for legislation at the federal, state, or local
154+8 level, or any activity involving social or public policy
155+9 advocacy as part of the course work expressly related to any
156+10 divisive concept.
157+11 Section 3. (a) The fair and equal treatment of
158+12 individuals is an inviolable principle that must be maintained
159+13 in the state workplace. Each agency shall continue all
160+14 training that will foster a workplace that is respectful of
161+15 all employees.
162+16 (b) The head of each state agency shall use his or
163+17 her authority to ensure that the agency, agency employees
164+18 while on duty status, and any contractors hired by the agency
165+19 to provide required training, workshops, forums, or similar
166+20 programming for purposes of training, do not teach, advocate,
167+21 act upon, or promote to agency employees any divisive concept.
168+22 (c) Agency diversity and inclusion efforts shall
169+23 encourage agency employees not to judge each other by their
170+24 color, race, ethnicity, sex, religion, or any other
171+25 characteristic protected by federal or state law.
172+26 Section 4. (a) Nothing in this act shall prevent
173+27 agencies or contractors from promoting racial, cultural, or
174+Page 6 1 ethnic diversity or inclusiveness, provided these efforts are
175+2 consistent with the requirements of this act.
176+3 (b) Nothing in this act shall be construed to
177+4 prohibit a public institution of higher education from
178+5 discussing any divisive concept in an objective manner and
179+6 without endorsement as part of a larger course of academic
180+7 instruction, provided the general provisions for all state
181+8 employees in Section 2 are adhered to, in addition to the
182+9 following conditions:
183+10 (1) The institution does not require a student,
184+11 teacher, administrator, trainee, or other state employee to
185+12 attend or participate in a class session, training seminar,
186+13 continuing education course, orientation, or therapy session
187+14 that compels assent to a divisive concept as described in
188+15 Section 1.
189+16 (2) The institution expressly makes clear that it
190+17 does not endorse these divisive concepts.
191+18 Section 5. It is the intent of the Legislature that
192+19 all constitutionally created boards of trustees comply with
193+20 the requirements of this act.
194+21 Section 6. All state agencies and political
195+22 subdivisions, including public K-12 schools and public
196+23 institutions of higher education, may discipline or terminate
197+24 the employment of any employee or contractor who violates this
198+25 act. Public K-12 school terminations remain subject to the
199+26 appeal of the termination to the local board of education or
200+27 State Board of Education if applicable, or, if applicable, the
201+Page 7 1 Teacher Accountability Act, Chapter 24B of Title 16, Code of
202+2 Alabama 1975, and the Students First Act, Chapter 24C of Title
203+3 16, Code of Alabama 1975.
175204 4 Section 7. If any provision of this act, or the
176205 5 application of this act to any individual or circumstance, is
177206 6 held to be invalid, the remainder of this act and the
178207 7 application of this act to any other individual or
179208 8 circumstance shall not be affected thereby.
180-9 Section 8. Nothing in this act shall be construed to
181-10 prohibit the teaching of topics or historical events in a
182-11 historically accurate context.
183-12 Section 9. This act shall become effective on the
184-13 first day of the third month following its passage and
185-14 approval by the Governor, or its otherwise becoming law.
186-Page 7 1
187-2
188-House of Representatives3
189-Read for the first time and re-4
190-5 ferred to the House of Representa-
191-6 tives committee on State Government
192-....................................7 .......08-FEB-22
193- 8
194-Read for the second time and placed9
195-on the calendar 1 amendment ......10 .......15-MAR-22
196- 11
197-Read for the third time and passed12
198-as amended.........................13 .......17-MAR-22
199-Yeas 65, Nays 32, Abstains 114
200- 15
201-16 Jeff Woodard
202-17 Clerk
203-18
209+9 Section 8. This act shall become effective on the
210+10 first day of the third month following its passage and
211+11 approval by the Governor, or its otherwise becoming law.
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