Critical Race Theory Bill Introduced In Senate
CASPER — Almost simultaneously, one critical race theory bill died in the Wyoming Legislature on Thursday, while a second moved forward.
A bill that would have explicitly banned critical race theory being taught in Wyoming classrooms failed introduction in the House, while a similar, but vaguer, measure passed in the Senate. The House bill was five votes short; the Senate cleared its version by five votes.
Critical race theory is an academic framework for examining how racism is embedded in U.S. institutions and society, and keeping it out of schools has become a right-wing focus in the past year. It is not currently taught in Wyoming classrooms.
The proposed bans have drawn criticism from the Wyoming Education Association, which has questioned their legality and argued that schools should not shy away from difficult subjects.
The House Bill was sponsored by Rep. Chuck Gray, R-Casper. Broadly, Gray’s bill sought to prohibit preschool through 12th grade students from “instruction that presents any form of blame or judgement on the basis of race ethnicity, sex, color or national origin.” It clarified that historical lessons on race should still be taught.
Specifically, the bill sought to block educators from teaching students that a person, because of their “sex, race, ethnicity, religion, color or national origin,” is inherently responsible for actions committed in the past by other members of the same “sex, race, ethnicity, religion, color or national origin. It would have also blocked schools from teaching students that the U.S. is “fundamentally or systemically racist or sexist.”
Former President Donald Trump used similar language in a 2020 executive order, in which his administration banned federal contractors from teaching that “the United States is fundamentally racist or sexist.”
The Senate draft is far more vague than its House counterpart on what can and can not be taught.
“As used in this section, “American institution and ideals” shall not include divisive tenets often described as “critical race theory” or a social philosophy of “critical theory” that inflames divisions on the basis of sex, race, ethnicity, religion, color, national origin or other criteria in ways contrary to the unity of the nation and the wellbeing of the state of Wyoming and its residents,” the Senate bill reads.
The prime sponsor of the bill, Sen. Troy McKeown, R-Gillette, said he believes they’ll “have to” add language that explicitly states that historical lessons can still be taught.
“I need to re-look at it,” he added.
The Wyoming Education Association is adamantly against the Senate legislation and is concerned about its legality.
The association is concerned that it violates article 7 section 11 of the Wyoming Constitution by determining what teachers can and can not teach in Wyoming classrooms. That said, section 11 only references textbooks.
“Neither the legislature nor the superintendent of public instruction shall have power to prescribe text books to be used in the public schools,” the law reads.
The association argues that it violates the “judicial intent” of that section, as education materials are not the purview of the Legislature.
The association further contends that it could violates a provision set by the historic Wyoming Supreme Court case Campbell County School District vs. the State of Wyoming, which states in part that “quality education under our state constitution is a fundamental right.”
“Sometimes learning history is difficult and uncomfortable but we should not shy away from honesty in education,” said Tate Mullen, a lobbyist for the education association.
There is another bill in the Senate that is related to critical race theory, although not as explicitly.
Senate File 62 requires school districts to create an online directory listing all teaching materials and curriculum used in each school by grade level and subject.
The former Superintendent of Public Instruction Jillian Balow appeared with the lawmakers at that fall press conference and directly linked the legislation to critical race theory.
“Nationwide, we’ve seen K-12 school board meetings engulfed in hostile debate about critical race theory in classrooms,” Balow said. “It is time that we take a stand and action in Wyoming to address this very topic.”
The main sponsors of the bill maintain that it is not a critical race theory bill. That bill has yet to be introduced, but it has until Friday.
At least 35 states have introduced anti-critical race theory legislation so far, according to ABC News.
This story was published on Feb. 18.