By. James C.
Right now in the Ohio Statehouse two pieces of legislations concerning the teaching of race, sexual orientation, gender identity and politics are being debated by lawmakers and state representatives. House Bills 327 and 616 are proposed legislations within the Ohio Statehouse that deal with the implementation of Critical Race Theory, sexual orientation, gender identity and current social and political topics being taught in Ohio schools. Legislators in support of the bill deem “concepts” such as race, gender, social justice and sexual orientation as divisive concepts that should be banned from Ohio K-12 schools. As state representatives debate and disagree while drawing the attention of local and national media the people of Ohio have been left confused, angry, divided and unheard. As we enter the halfway mark of 2022 the controversy, division, inaction and stalemate continues within the Statehouse.
HB 327
H.B 327, introduced by representatives Diane V. Grenadell and Sara F. Aurthur, is directly in line with the nationwide trend of states passing legislation in opposition to Critical Race Theory. The bill states that the teaching of race, gender, ethnicity and sex would be prohibited in public K-12 Ohio schools. The consequences of continuing to teach “divisive concepts” would result in teachers losing their licenses, state funding being pulled from schools, and the loss of class credit for students. While initially being proposed on May 25, 2021, the bill has since been referred to the committee and is still awaiting a final vote.
Here are some key points and sections of H.B 327:
“The General Assembly finds … slavery, racial discrimination under the law, and racism in general are so inconsistent with the founding principles of the United States that Americans fought a civil war to eliminate the first, waged long-standing political campaigns to eradicate the second, and rendered the third unacceptable in the court of public opinion, all of which dispels the idea that the United States and its institutions are systemically racist.”
Under H.B 327 when it comes to teaching about American slavery things like slavery being key to the foundation of the U.S, racism being a founding principle, and American institutions being inherently racist are deemed divisive. Legislators are attempting to utilizes events like the American Civil war to dispel the belief that American slavery was key to the foundation of the United States. While those in opposition to the bill claim that legislators are withholding proper historical context as well removing the experiences and voices of people of color from Ohio classrooms.
The Bill Prohibits Teachers From Teaching Students About Concepts like Systemic Racism and Gender Fluidity.
Legislators claim that teaching concepts like systemic racism and gender fluidity is not “age appropriate” for K-12 students. Sponsors and supporters of the bill claim that these concepts facilitate division, hatred, confusion and Anti American sentiment. Many of those who reject H.B 327 say that the bill creates a false narrative that the oppression and discrimination that existed in the U.S was in the past while ignoring current struggles and issues.
“Requires The Department of Education and Department of Higher Education To Withhold Up To 100% of State Funding From School Districts, Schools and Higher Education Institutions and suspend or revoke professional licensure for violations.”
As a penalty for violating H.B 327 schools and school districts would lose state funding, teachers would lose their licenses and students who take classes on a prohibited topic would lose class credit. Critics argue that the penalties are counterproductive as many Ohio school districts already struggle with funding issues and further loss of funding would do more harm than good. This perhaps is one of the most controversial sections of H.B 327 as many who oppose the legislation say that this section is a primary example of H.B 327 being a danger to Ohio schools and students.
HB 616
HB 616, introduced on April 4th by Rep Mike Loychik and Rep Jean Schmidt continues the theme of divisive concepts started by H.B 327 but H.B 616, if passed into law, would apply to all Ohio K-12 Public and private schools. Alongside being widely covered by local and national media, H.B 616 has been compared to Florida’s “Don’t say Gay Bill” that passed earlier this year banning the teaching of sexual orientation, gender fluidity and systemic racism in Florida K- 12 schools. Presently H.B 616 continues to be debated by Ohio legislators with a final vote still having not happened.
Key points of H.B 616:
“For purposes of the bill, “divisive or inherently racist concepts” include (1) critical race theory, (2) intersectional theory, (3) the “1619 Project,” (4) diversity, equity, and inclusion learning outcomes, (5) inherited racial guilt, and (6) any other concept that the State Board of Education defines as divisive or inherently racist.”
Unlike H.B 327, H.B 616 provides a list of topics and theories that would be prohibited from Ohio schools. Supporting legislators believe that teaching Critical Race Theory or referencing the 1619 Project to Ohio students sows division, hatred and creates a guilt complex for white students in the classroom. Due to this stipulation under this bill, the state board of education would be allowed to ban certain books, documentaries, lectures and films from being studied and taught in Ohio schools.
“Requires the State Board to establish a procedure by which individuals may file complaints against a teacher, school, administrator, or school district superintendent alleging a violation of the bill’s prohibitions and to adopt rules to govern the implementation of and monitor compliance with the bill’s provisions.”
Under this bill teachers and school administrators will be under high scrutiny if found to be in violation. Any person would be allowed to file formal complaints, citing a violation of one of the bill’s stipulations that would result in an investigation by the state board of education and the possible expulsion or fining of teachers or school administrators. Many objectors say that rules such as this one removes the disciplinary power from schools and gives the state too much power over school. Many also say that passages such as this are too broad and leaves room for abuse and loopholes.
“The bill prohibits public schools and nonpublic schools that enroll students who are participating in state scholarship programs or any employee or other third party representing a school district or school from doing the following:Teaching, using, or providing any curriculum or instructional materials on sexual orientation or gender identity to a student in any of grades K-3.”
Supporting legislators and representatives of the bill believe that sexual orientation and gender identity should be prohibited form Ohio schools and they believe they are not age appropriate topics. If H.B 616 passes then this provocation would apply to all public, private, charter and STEM schools in Ohio. Likewise any private funder, scholarship programs or teacher who teach or help fund programs and classes about one of these banned concepts would be banned from working or associating with Ohio schools.
As the Statehouse continues to argue, vote and debate over the practicality, justification and legality of both H.B 327 and 616, the masses of Ohioans have been left divided, outraged and waiting for representatives to make a decision. Both bills bring into question what a free, fair and comprehensive education will look like in the state of Ohio. Some support the bills citing Critical Race Theory, Diversity programs, Gender identity and Sexual Orientation as inherently “divisive” and racist, while Ohioans of color feel these legislations neglects their experiences and silences their voices. The state of Ohio has been thrusted into the national spotlight as the fight for inclusion and equal education continues.
Sources & References
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Downing, Andy( March 8, 2022) The List: Breaking down the stupidity that is Ohio House Bill 327 (columbusmonthly.com)
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Kellat, Stephen ( April 13, 2022) Lawmakers shouldn’t be able to flee from questions on ‘divisive concepts’ bills – Ohio Capital Journal