Alabama 2022 Regular Session

Alabama Senate Bill SB292 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 SB292
2	2	2 218344-1
3	3	3 By Senator Barfoot
4	4	4 RFD: Governmental Affairs
5	5	5 First Read: 03-MAR-22
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7	7	Page 0 1 218344-1:n:03/01/2022:AHP*/cmg LSA2022-866
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13	13	7
14	14	8 SYNOPSIS: This bill would prohibit this state and any
15	15	9 of its political subdivisions or agencies from
16	16	10 promoting or advancing certain concepts regarding
17	17	11 race, sex, or religion in certain teaching or
18	18	12 training.
19	19	13 This bill would prohibit the state from
20	20	14 teaching or training employees, contractors,
21	21	15 teachers, or students to adopt or believe certain
22	22	16 concepts regarding race, sex, or religion.
23	23	17 This bill would prohibit public institutions
24	24	18 of higher education and their employees from
25	25	19 promoting or advancing certain concepts regarding
26	26	20 race, sex, or religion except as part of teaching
27	27	21 about doctrines regarding race, sex, or religion as
28	28	22 part of a larger course of academic instruction
29	29	23 without compelling students to assent to the
30	30	24 concepts.
31	31	25 This bill would prohibit public K-12 schools
32	32	26 and public institutions of higher education and
33	33	27 their employees from using or introducing courses
34	34	Page 1 1 of instruction or units of study directing or
35	35	2 compelling students to adhere to or affirm certain
36	36	3 concepts regarding race, sex, or religion.
37	37	4 This bill would also authorize state
38	38	5 agencies, political subdivisions, public K-12
39	39	6 schools, and public institutions of higher
40	40	7 education to discipline or terminate the employment
41	41	8 of any employee who violates this act.
42	42	9
43	43	10 A BILL
44	44	11 TO BE ENTITLED
45	45	12 AN ACT
46	46	13
47	47	14 Relating to education and training; to prohibit this
48	48	15 state and any of its political subdivisions or agencies from
49	49	16 teaching certain concepts relating to race, sex, or religion
50	50	17 in certain training; to prohibit public K-12 schools from
51	51	18 teaching certain concepts relating to race, sex, or religion;
52	52	19 to prohibit public institutions of higher education from
53	53	20 compelling students to assent to certain concepts relating to
54	54	21 race, sex, or religion; and to authorize state agencies,
55	55	22 political subdivisions, public K-12 schools, and public
56	56	23 institutions of higher education to discipline or terminate
57	57	24 certain employees.
58	58	25 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
59	59	26 Section 1. For the purposes of this act, the
60	60	27 following terms have the following meanings:
61	61	Page 2 1 (1) CONTRACTOR. Any person, individual, or entity
62	62	2 that in any manner has entered into a contract, or that
63	63	3 performs a subcontract pursuant to a contract, with this
64	64	4 state.
65	65	5 (2) DIVISIVE CONCEPT. Any of the following concepts:
66	66	6 a. That one race, sex, or religion is inherently
67	67	7 superior to another race, sex, or religion.
68	68	8 b. That this state or the United States is
69	69	9 inherently racist or sexist.
70	70	10 c. That an individual, solely by virtue of his or
71	71	11 her race or sex, is inherently racist, sexist, or oppressive,
72	72	12 whether consciously or unconsciously.
73	73	13 d. That an individual should be discriminated
74	74	14 against or receive adverse treatment solely on the basis of
75	75	15 his or her race.
76	76	16 e. That members of one race should attempt to treat
77	77	17 others differently solely on the basis of race.
78	78	18 f. That an individual's moral character is
79	79	19 determined solely on the basis of his or her race, sex, or
80	80	20 religion.
81	81	21 g. That an individual, solely by virtue of his or
82	82	22 her race, sex, or religion, bears responsibility for actions
83	83	23 committed in the past by other members of the same race, sex,
84	84	24 or religion.
85	85	25 h. That fault, blame, or bias should be assigned to
86	86	26 a race, sex, or religion, or to members of a race, sex, or
87	87	27 religion, solely on the basis of their race, sex, or religion.
88	88	Page 3 1 i. That any individual should be asked to accept,
89	89	2 acknowledge, affirm, or assent to a sense of guilt,
90	90	3 complicity, or a need to work harder solely on the basis of
91	91	4 his or her race or sex.
92	92	5 (3) STATE. Includes agencies and political
93	93	6 subdivisions of the State of Alabama, including school
94	94	7 districts and public K-12 schools and institutions of higher
95	95	8 education.
96	96	9 (4) STUDENT. Any individual enrolled in a state
97	97	10 public K-12 school or institution of higher education.
98	98	11 Section 2. (a) No state agency nor any public K-12
99	99	12 school may teach, instruct, or train any employee, contractor,
100	100	13 staff member, teacher, student, or any other individual or
101	101	14 group of individuals to adopt or believe a divisive concept. A
102	102	15 public institution of higher education or employee of a public
103	103	16 institution of higher education may teach about doctrines
104	104	17 pertaining to a divisive concept as part of a larger course of
105	105	18 academic instruction, provided the institution or employee
106	106	19 does not compel students to assent to the concept and the
107	107	20 instruction follows the requirements of subsection (f).
108	108	21 (b) No employee, contractor, staff member, teacher,
109	109	22 trainer, or student of the state shall face any penalty or
110	110	23 discrimination on account of his or her refusal to support,
111	111	24 believe, endorse, embrace, confess, act upon, or otherwise
112	112	25 assent to a divisive concept.
113	113	26 (c) No state employee, contractor, staff member,
114	114	27 teacher, or trainer shall be compelled by a policy of any
115	115	Page 4 1 subdivision of this state, public school district, or public
116	116	2 K-12 school to share his or her personal point of view on
117	117	3 widely debated and currently controversial issues of public
118	118	4 policy or social affairs.
119	119	5 (d) The state shall not apply for or accept a
120	120	6 federal grant or federal funding if the grant or funding is
121	121	7 granted for the purpose of compelling assent to any divisive
122	122	8 concept or practice, or if the grant or funding is granted for
123	123	9 the purpose of training in any divisive concept or practice as
124	124	10 described in subsection (f).
125	125	11 (e) The state shall not accept private funding for
126	126	12 curriculum development, purchase, or choice of curricular
127	127	13 materials, teacher training, or professional development that
128	128	14 requires adherence to any divisive concept or practice as
129	129	15 described in subsection (f).
130	130	16 (f) No state agency, employee, contractor, staff
131	131	17 member, teacher, or trainer of a public K-12 school, or public
132	132	18 institution of higher education, as part of any course work,
133	133	19 for any class credit, or for professional training, may do any
134	134	20 of the following:
135	135	21 (1) Promote or inculcate students of a public K-12
136	136	22 school with any divisive concept.
137	137	23 (2) Compel students of a public institution of
138	138	24 higher education to assent to any divisive concept.
139	139	25 (3) Require students or trainees to participate in a
140	140	26 practicum, action project, or similar activity that involves
141	141	27 lobbying for legislation at the federal, state, or local
142	142	Page 5 1 level, or any activity involving social or public policy
143	143	2 advocacy as part of the course work expressly related to any
144	144	3 divisive concept.
145	145	4 Section 3. (a) The fair and equal treatment of
146	146	5 individuals is an inviolable principle that must be maintained
147	147	6 in the state workplace. Each agency shall continue all
148	148	7 training that will foster a workplace that is respectful of
149	149	8 all employees.
150	150	9 (b) The head of each state agency shall use his or
151	151	10 her authority to ensure that the agency, agency employees
152	152	11 while on duty status, and any contractors hired by the agency
153	153	12 to provide required training, workshops, forums, or similar
154	154	13 programming for purposes of training, do not teach, advocate,
155	155	14 act upon, or promote to agency employees any divisive concept.
156	156	15 (c) Agency diversity and inclusion efforts shall
157	157	16 encourage agency employees not to judge each other by their
158	158	17 color, race, ethnicity, sex, religion, or any other
159	159	18 characteristic protected by federal or state law.
160	160	19 Section 4. (a) Nothing in this act shall prevent
161	161	20 agencies or contractors from promoting racial, cultural, or
162	162	21 ethnic diversity or inclusiveness, provided these efforts are
163	163	22 consistent with the requirements of this act.
164	164	23 (b) Nothing in this act shall be construed to
165	165	24 prohibit a public institution of higher education from
166	166	25 discussing any divisive concept in an objective manner and
167	167	26 without endorsement as part of a larger course of academic
168	168	27 instruction, provided the general provisions for all state
169	169	Page 6 1 employees in Section 2 are adhered to, in addition to the
170	170	2 following conditions:
171	171	3 (1) The institution does not require a student,
172	172	4 teacher, administrator, trainee, or other state employee to
173	173	5 attend or participate in a class session, training seminar,
174	174	6 continuing education course, orientation, or therapy session
175	175	7 that compels assent to a divisive concept as described in
176	176	8 Section 1.
177	177	9 (2) The institution expressly makes clear that it
178	178	10 does not endorse these divisive concepts.
179	179	11 Section 5. It is the intent of the Legislature that
180	180	12 all constitutionally created boards of trustees comply with
181	181	13 the requirements of this act.
182	182	14 Section 6. All state agencies and political
183	183	15 subdivisions, including public K-12 schools and public
184	184	16 institutions of higher education, may discipline or terminate
185	185	17 the employment of any employee or contractor who violates this
186	186	18 act. Public K-12 school terminations remain subject to the
187	187	19 appeal of the termination to the local board of education or
188	188	20 State Board of Education if applicable, or, if applicable, the
189	189	21 Teacher Accountability Act, Chapter 24B of Title 16, Code of
190	190	22 Alabama 1975, and the Students First Act, Chapter 24C of Title
191	191	23 16, Code of Alabama 1975.
192	192	24 Section 7. If any provision of this act, or the
193	193	25 application of this act to any individual or circumstance, is
194	194	26 held to be invalid, the remainder of this act and the
195	195	Page 7 1 application of this act to any other individual or
196	196	2 circumstance shall not be affected thereby.
197	197	3 Section 8. This act shall become effective on the
198	198	4 first day of the third month following its passage and
199	199	5 approval by the Governor, or its otherwise becoming law.
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