Could effort to ban CRT in SC classrooms worsen teacher shortage? Critics worry as bill advances

South Carolina lawmakers are one step closer to passing legislation that would restrict the way educators teach history in public schools, despite mounting opposition and an increasingly limited teacher workforce.

The Transparency and Integrity in Education Act — which seeks to prohibit certain concepts, including those considered to be promoting critical race theory, from being taught in public schools — passed a House K-12 education subcommittee by a 4-2 vote Tuesday, amid of a flurry of public comments urging legislators to vote down the proposal. Now the bill, H.3728, will advance to the full House education committee.

“We cannot and should not cherry pick certain parts of our history and put the history of one group above another,” said Dawn Duke, a 30-year South Carolina educator who retired last year. “I’m not sure how in a few short years we’ve arrived at this point, but we need to give all our students the history they deserve and trust our teachers to deliver the content.”

The proposed law would prohibit certain concepts from public school instruction and professional development, while providing a means for addressing violations. For example, teachers wouldn’t be allowed to suggest that by virtue of a student’s race or sex, that student bears responsibility for actions committed in the past by other members of the same race, sex, ethnicity, religion, color, or national origin.

The law also lays out a procedure for parents and other members of the public to review a school’s curriculum and instructional materials.

The bill is sponsored by Rep. Raye Felder, R-York, who on Tuesday defended the measure, positing that its language is clear, fair and would not hinder teachers from sharing disgraceful facts about U.S. history.

“Instruction should be unbiased and include the broad scope of history, both the inspirational history and the shameful history of our great country,” she said.

But critics say restrictions in the bill could scare off would-be teachers from entering the profession, at a time when teacher vacancies are already high across the state.

Along with the more than 20 concerned South Carolinians who spoke during public comment, Democratic lawmakers took issue with the bill’s language, arguing it lacked definition and would deter teachers from an already shrinking profession.

“What defines age or grade appropriate?” asked Rep. Deon Tedder, D-Charleston. “I did not see that defined in the bill, and my reason for asking that is because if we don’t define it, it creates ambiguity.”

Tedder added that without well-defined language, anyone could challenge a teacher if they have a different definition of what’s age appropriate, spurring Rep. Jermaine Johnson, D-Richland, to comment about the potential for conspiracy theories.

“What’s going to stop these people from going all over the state and just throwing out these crazy lies and accusing teachers of things when they just talk about Martin Luther King?” Johnson said.

Still, Felder, who only spoke at the beginning at the meeting, maintained that the language in her bill was straightforward and carefully crafted after 20 hours of committee meetings and with 80 people testifying.

“The bill does not discuss student feelings or use subjective language,” she said. “Language prohibiting teachers from making students feel uncomfortable would stifle instruction and be difficult.”

Complaint process

Felder’s proposal provides for a complaint process where parents could challenge a teacher’s method of instruction, which some argue would leave South Carolina educators vulnerable to subjective attacks.

Kim Winslow, a former teacher who said she loved teaching before leaving the classroom to take care of loved ones, said she would love to go back into teaching but refuses if H.3728 becomes law.

“Let’s say I make this statement: ‘The South entered the Civil War to protect the right to slavery. Slavery violates our most sacred American principles of liberty and democracy, and the repercussions of slavery can still be felt today,’” Winslow said. “That (statement) will land me in front of a board or in court, even though every one of those statements is true.”

Deterring teachers

Other educators speaking during public comment said the measure is scaring off would-be teachers. Rep. Kambrell Garvin, D-Richland, a former teacher in Walterboro, echoed the claim.

“Had these sorts of laws been on the books when I taught in 2013 until 2016, as a 21-year-old, I would have run away from the classroom,” he said.

A record 1,474 teacher and school-based service positions were vacant to start the 2022 school year, a survey of South Carolina’s public school districts found. Vacancies have spiked 39% since last year and an astonishing 165% over the last three years, The State has previously reported.

David Warner, the lone public comment supporter in favor of the bill, said teachers leaving the profession has nothing to do with the proposed legislation.

“I think it’s important to understand that history is history,” he said. “No one is restricting you from teaching history in the classroom. Teachers are leaving the profession because of ideological ideals that they are selling to their people.”

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