Oklahoma House Bill 1775 (2021)

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Oklahoma House Bill 1775
OK House of Representatives Seal.png
Oklahoma Legislature
  • An Act relating to education; prohibiting certain students within certain institutions from being required to engage in certain training or counseling; allowing for voluntary counseling; prohibiting orientation or requirement that presents any form of certain stereotyping or bias; directing promulgation of rules pursuant to certain act and subject to certain approval; prohibiting certain application; prohibiting employees of certain schools from requiring certain concepts to be part of a course; specifying concepts; directing promulgation of rules pursuant to certain act and subject to certain approval; providing for codification; providing an effective date; and declaring an emergency.
CitationO.K. Legis. Assemb. H.B. 1775. Reg. Sess. (2021)
Territorial extent Oklahoma
Passed by Oklahoma House of Representatives
PassedMarch 3, 2021
Passed by Oklahoma Senate
PassedMay 3, 2021
Signed by Kevin Stitt (R)
SignedMay 5, 2021
Effective July 1, 2021
Legislative history
First chamber: Oklahoma House of Representatives
Bill titleHouse Bill 1775
Introduced by Sherrie Conley (R–54)
First reading February 1, 2021
Second reading February 2, 2021
Third reading March 3, 2021
Second chamber: Oklahoma Senate
Member(s) in charge Jessica Garvin (R–43)
First readingMarch 4, 2021
Second readingMarch 15, 2021
Third readingMay 3, 2021
Amends
Title 70
Status: In force

Oklahoma House Bill 1775 (also known as HB1775) is a passed 2021 legislative bill in the U.S. state of Oklahoma that bans teaching certain concepts around race and gender. The bill is typically referred to as a ban on critical race theory.

Contents

History

Passage

Oklahoma House Bill 1775 (2021) began as a bill to require schools to have emergency medical plans for athletic activities, but it was entirely rewritten by the Oklahoma Senate to instead be a bill to ban critical race theory. [1] The new version of the bill was authored by Representative Kevin West and Senator David Bullard. [2] [3] After the bill was changed, the Oklahoma parliamentarian ruled the bill violated the rules of the Oklahoma House of Representatives, however the chamber voted to suspend the rules and pass the bill. [1] After irregularities in the first vote, the Oklahoma House passed the legislation by a second vote. [4] When the bill was sent to Governor Kevin Stitt, the Tulsa Race Massacre Centennial Commission called on him to veto the bill saying "“If this bill becomes law it will have serious implications on teaching the 1921 Tulsa Race Massacre in schools." [5] Stitt signed the legislation into law on May 5, 2021. [6] In May 2021 shortly after the signing the bill Governor Kevin Stitt was removed from the Tulsa Race Massacre Centennial Commission. Stitt called his inclusion in the commission “purely ceremonial” and accused the commission of sowing "division based on falsehoods and political rhetoric." [7]

Implementation

In July 2021 the Oklahoma State Board of Education adopted the first set of rules to implement HB 1775. The rules called for a school district found in violation to have their accreditation downgraded to “accredited with deficiency” and for an employee found in violation to have their teaching license suspended. [8] In June 2022, Tulsa Public Schools and Mustang Public Schools were found to be in violation of HB 1775 by the Oklahoma State Department of Education. [9] Tulsa was penalized for a slide during a professional development presentation on implicit bias presented only to teachers which said “because our culture has shifted from one predominantly designed around White, middle-class systems to one that is much more multi-cultural, we can no longer assume every child will respond to the same strategies.” [10] [11] Mustang was penalized for lessons which asked students whether they had personal experience with discrimination. [12] In July 2022, both districts were found to violate HB 1775 and Tulsa Public Schools was marked as "accreditation with warning" meaning the district "fails to meet one or more of state standards and that deficiency seriously detracts from the quality of the school’s educational program." [13] Superintendent of Public Instruction Ryan Walters called for two teacher's licenses to be revoked for violating HB 1775 in January 2023. [14]

Lawsuit

In October 2021, the American Civil Liberties Union of Oklahoma sued over the law, claiming it violated the First Amendment and Fourteenth Amendment. [15] Oklahoma responded in its filing that "there is no constitutional right to teach or learn about implicit bias or subconscious racism in public schools." [16] As of August 2023, Judge Charles Barnes Goodwin has made no ruling in the case. [17]

Repeal efforts

In October 2022, the Inter-Tribal Council of the Five Tribes called on HB 1775 to be repealed. Cherokee Nation principal chief Chuck Hoskin Jr. released a statement saying "We should respect Oklahoma students enough to know they can handle the truth." [18] Later that month, the Osage Nation voted to call for the bill's repeal citing concerns the bill will suppress teaching of the Osage Indian murders. [19] In December 2022, the Tulsa World also endorsed the bill's repeal. [20] In January 2023, Representative Jacob Rosecrants introduced unsuccessful legislation to repeal HB 1775. [21]

Text

Text exerpted from the statute

A.1. No enrolled student of an institution of higher education within The Oklahoma State System of Higher Education shall be required to engage in any form of mandatory gender or sexual diversity training or counseling; provided, voluntary counseling shall not be prohibited. Any orientation or requirement that presents any form of race or sex stereotyping or a bias on the basis of race or sex shall be prohibited.

2. Pursuant to the provisions of the Administrative Procedures Act, the Oklahoma State Regents for Higher Education shall promulgate rules, subject to approval by the Legislature, to implement the provisions of this subsection.

B. The provisions of this subsection shall not prohibit the teaching of concepts that align to the Oklahoma Academic Standards.

1. No teacher, administrator or other employee of a school district, charter school or virtual charter school shall require or make part of a course the following concepts:

a. one race or sex is inherently superior to another race or sex,

b. an individual, by virtue of his or her race or sex, is inherently racist, sexist or oppressive, whether consciously or unconsciously,

c. an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex,

d. members of one race or sex cannot and should not attempt to treat others without respect to race or sex,

e. an individual's moral character is necessarily determined by his or her race or sex,

f. an individual, 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,

Analysis

Chilling effect

HB 1775 has been criticized for having a chilling effect on education in Oklahoma. [22] After the bill's passage, a teacher in Dewey, Oklahoma cancelled their lesson plans involving the book Killers of the Flower Moon . [23] Some school districts removed books such as To Kill a Mockingbird , I Know Why the Caged Bird Sings , and A Raisin in the Sun . [15] Osage Nation tribal councilor Eli Potts claimed schools had cancelled speaking engagements with David Grann over concern with the bill. [19]

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References

  1. 1 2 Krehbiel, Randy (30 April 2021). "Oklahoma's House sends legislation intended to deflect criticism of white males in classrooms to governor". Tulsa World . Retrieved 20 October 2023.
  2. ↑ Hoberock, Barbara (July 1, 2021). "Bill that would ban teaching aspects of race and gender in Oklahoma schools takes effect Thursday". Tulsa World . Retrieved 20 October 2023.
  3. ↑ Eger, Andrea (27 November 2021). "Education department says permanent rules coming 'soon' on teaching race, gender in OK public schools". Tulsa World . Retrieved 20 October 2023.
  4. ↑ Krehbiel, Randy (3 May 2021). "Vote irregularity on House floor causes do-over on 'critical race theory' bill". Tulsa World . Retrieved 20 October 2023.
  5. ↑ Canfield, Kevin (4 May 2021). "Tulsa Race Massacre Centennial Commission asks Stitt to veto bill on 'critical race theory'". Tulsa World . Retrieved 20 October 2023.
  6. ↑ Forman, Carmen (May 7, 2021). "Stitt signs controversial bill limiting race, gender curriculum in schools". The Oklahoman. Retrieved 20 October 2023.
  7. ↑ Krehbiel, Randy (15 May 2021). "Tulsa Race Massacre Centennial Commission formally severs ties with Gov. Kevin Stitt". Tulsa World . Retrieved 20 October 2023.
  8. ↑ Eger, Andrea (13 July 2021). "State Education Board adopts temporary rules on teaching race, gender in Oklahoma public schools". Tulsa World . Retrieved 20 October 2023.
  9. ↑ Krehbiel-Burton, Lenzy (24 June 2022). "Tulsa Public Schools violated state law on race, gender, history, State Education Department says". Tulsa World . Retrieved 20 October 2023.
  10. ↑ Krehbiel-Burton, Lenzy (August 7, 2022). "Audio from TPS implicit bias training was a voice reading presentation slides verbatim". Tulsa World . Retrieved 20 October 2023.
  11. ↑ Krehbiel-Burton, Lenzy; Eger, Andrea (21 July 2023). "Walters in Tulsa after what he calls 'assault' on religious liberty, implies threat to school district accreditation". Tulsa World . Retrieved 20 October 2023.
  12. ↑ Martinez-Keel, Nuria (August 10, 2022). "Oklahoma teachers on notice after 'watershed' vote on Tulsa, Mustang HB 1775 violations". The Oklahoman . Retrieved 20 October 2023.
  13. ↑ Krehbiel-Burton, Lenzy (29 July 2022). "Tulsa Public Schools accredited with a warning over HB1775 violation". Tulsa World . Retrieved 20 October 2023.
  14. ↑ Forman, Carmen (11 January 2023). "State Superintendent Ryan Walters pushes for revocation of TPS, ex-Norman teachers' licenses". Tulsa World .
  15. 1 2 Krehbiel-Burton, Lenzy (October 20, 2021). "ACLU, state educators file federal lawsuit challenging Oklahoma House Bill 1775". Tulsa World . Retrieved 20 October 2023.
  16. ↑ Krehbiel-Burton, Lenzy (September 10, 2022). "State pushes back in HB 1775 lawsuit over race, gender instruction". Tulsa World . Retrieved 20 October 2023.
  17. ↑ King, Brian D. (2 August 2023). "ACLU waits for judge to hear challenge to House Bill 1775 – Oklahoma's new law about race and gender in schools". Norman Transcript. Retrieved 20 October 2023.
  18. ↑ Herrera, Allison (7 October 2022). "Inter-Tribal Council of the Five Tribes calls on Oklahoma Legislature to repeal HB 1775". KOSU. Retrieved 20 October 2023.
  19. 1 2 Eger, Andrea; Krehbiel-Burton, Lenzy (October 1, 2022). "Watch Now: Osage Nation Congress calls for repeal of law limiting instruction on race, history". Tulsa World . Retrieved 20 October 2023.
  20. ↑ "Editorial: Osage Nation is right: We need to repeal HB 1775". Tulsa World . October 6, 2022. Retrieved 20 October 2023.
  21. ↑ Clydesdale, Natalie (January 7, 2023). "OK Lawmaker files bill to repeal controversial education law". KFOR-TV .
  22. ↑ Graham, Ginnie (June 23, 2023). "Holocaust education brings out teacher nervousness". Tulsa World . Retrieved 20 October 2023.
  23. ↑ Martinez-Keel, Nuria (October 16, 2023). "Can 'Killers of the Flower Moon' be taught in Oklahoma classrooms? Teachers not sure under law". The Oklahoman . Retrieved 20 October 2023.
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