MORGANTOWN – The House Education Committee followed up an early Monday public hearing on the Senate’s Anti-Racism Act – with speakers overwhelmingly against it – with two hours of debate and passage of a scaled-down version.
That version will go to House Judiciary where the House’s version of the same bill was previously turned into a study resolution.
SB 498 is called the Anti-Racism Act and, as it came from the Senate, forbids the teaching in K-12 schools and higher education of various principals such as that one race, ethnic group, or biological sex is inherently, morally, or intellectually superior to another. Many of the topics on the forbidden list are associated with Critical Race Theory, though the bill never uses that term.
During the hearing opponents outweighed proponents 23-4.
Many opponents said they believe it will stifle honest classroom discussions.
Opponent Kristin Olsen said, “This legislation looks like racism, it smells like racism and if you vote for it, well you know what they say.”
Dennis Westover was one of the proponents. He said the bill is in fact about CRT, teaching that white people, especially males, systematically and intentionally oppress and victimize others because they’re born with white privilege. Height, weight, skin color are traits, not who people are.
However, in committee news reports were cited, reminding members that Westover had been arrested by U.S. Capitol Police in January 2021 and charged with carrying a pistol without a license, possession of unregistered ammunition and unlawful possession of a firearm. He also carried “Stop the Steal” paperwork and a list of lawmakers.
Tasha Withrow made a comment that proved to be one of the two primary themes of the committee meeting. “Maybe it’s time white folks learn some discomfort and anguish.”
She referred to a passage in the Senate version forbidding a school employee to teach or assert that “an individual should feel discomfort, guilt, anguish, or any other form of psychological distress because of the individual’s race, ethnicity, or biological sex.”
Members talked about teaching about slavery, the Holocaust and other difficult historical topics.
Delegate Cody Thompson, D-Randolph and one of the teachers on the committee, said, “How am I supposed to know or be aware if they don’t say anything? … Am I going to be responsible for what they feel?”
Proponents argued that the bill specifically allows the discussion of those concepts; and the discussion, examination and debate that the role that race, ethnicity, or biological sex has impacted historical or current events, including the causes of those current or historical events.
Opponents, however, argued that the language is so vague that teachers will be fearful of triggering complaints.
The bill allows any student, parent or guardian, or employee aggrieved by an alleged violation to file a complaint with the school principal, with subsequent appeals to the county and state superintendents available.
The committee took up and approved an amended, scaled-down version of the bill. It eliminated the section dealing with higher education and references to ethnicity and biological sex.
Members and committee counsel were uncertain if the bill’s prohibitions would apply to guest speakers or to staff training. Also unresolved was whether the bill would affect College Board certification of AP courses.
Opponents worried that there is no process spelled out for how a principal is supposed to respond to a complaint. The bill says only that the state superintendent shall make forms available.
West Virginia Education Association President Dale Lee told members, “In no way are any of the Critical Race Theory objectives being taught in our schools.”
Members rejected an alternate amended version of the bill that reduced it to two sentences, forbidding any K-12 or higher education employee from coercing a student to adopt their beliefs.
Supporting the bill, Delegate Buck Jennings, R-Preston, said, “No one should push these things on children.” But if it happens, parents have a recourse to find out what’s going on and the teacher has a chance to explain.
Delegate Todd Longanacre, R-Greenbrier, also a teacher, said, “I will not teach my kids that America is inherently racist. … I will continue to teach factual history.”
Opposing the bill, Delegate John Doyle, D-Jefferson, said, “I think we make a grave mistake if we pass this bill. … There was a period in time where we did whitewash our history and it appears this bill could take us there again.”
The final vote was 17-7.
