MORGANTOWN – An effort to yank some teeth from the Anti-Racism Act led to a contentious debate on the House floor Thursday afternoon.
Feathers also ruffled during deliberations on the bill to regulate learning pods and microschools.
The Anti-Racism Act is SB 498. It was on second reading on the House floor and up for amendments.
The Houe was considering the Judiciary Committee amendment adopted just before 2 a.m. Wednesday, and members were proposing secondary amendments to Judiciary’s before adopting it.
House Speaker Roger Hanshaw, R-Clay, had stepped away from the podium and Speaker Pro Tempore Gary Howell, R-Mineral, was filling in when the amendment by Delegate Sean Hornbuckle, D-Cabell, came up.
Hornbuckle proposed an extensive amendment to require creation of a Commission on American History Enhancement. Answering a question from Education chair Joe Ellington, R-Mercer, Howell ruled the amendment not germane because it deviated from the purpose of the bill.
That’s when the argument ensued. Hornbuckle took the rare step of challenging Howell’s ruling. Howell stepped down to his seat to defend his action and Majority Whip Paul Espinosa, R-Jefferson, took the podium.
Judiciary chair Moore Capito, R-Kanawha, supported Howell, saying the Judiciary amendment made the bill about educator and administrator conduct, not curriculum.
But several Democrats argued that an amendment about teaching history was still connected to a bill tied to Critical Race Theory. Delegate Barbara Evans Fleischauer, D-Monongalia, tried twice to argue the relevance of the amendment but got challenged twice by Delegate Brandon Steele, R-raleigh, who said her argument was off the topic.
Espinosa sustained Steele twice and cut Fleischauer off. He wouldn’t allow anyone to talk about the Hornbuckle’s amendment.
Delegate Mike Pushkin, D-Kanawha, nonetheless tried a similar argument and got cut off and challenged by Delegate Caleb Hanna, R-Nicholas. Pushkin slammed his mic down after responding, “This is why we shouldn’t be making these types of decisions about how American history is taught – because we’re so uncomfortable with it we can’t even listen to it in the people’s house.”
After more wrangling, some of it calm, from both sides, the House voted 75-21 to sustain Howell’s ruling.
A proposed amendment by Delegate Cody Thompson, D-Randolph, to require training in cultural competency as a condition for receiving or renewing a teaching license failed 23-73.
Members supported in an apparently unanimous voice vote an amendment by Capito to simplify the complaint process.
The discussion then turned to the amended Judiciary amendment. The Education version forbade providing instruction in the topics listed in the bill – topics generally associated with CRT. The Judiciary version forbids any school employee to compel someone else to affirm, adopt, or adhere to the concepts – taking instruction out of the picture.
Capito said that he believes the original prohibitions on instruction were unconstitutional because curriculum decisions belong to the state Board of Education. The Judiciary amendment was adopted in a voice vote.
SB 498 will be on third reading for passage on Friday.
Microschool bill
SB 268, the bill to authorize and regulate microschools and learning pods, also was on second reading.
A microschool is an alternative school created by teachers that charges tuition. A learning pod is a voluntary association of parents choosing to group their children together for education.
A proposed Education amendment proposed to limit the enrollment to either school to 100. Thompson proposed an counter-amendment to limit enrollment to 25; Ellington opposed it saying some successful schools reach 150 and it would be wrong to limit growth. Thompson’s failed and the Education amendment was adopted 49-47.
The sparks flew on the next amendment as the conversation veered into homeschooling – a topic not in the bill.
Delegate Ed Evans, D-McDowell, proposed on to require microschools to receive health and safety certification and the each county board establish a Microschool Safety Board.
Steele vented, “This amendment exemplifies the contempt that some have for homeschool parents.”
And Delegate Kathie Crouse, R-Putnam and a homeschool mom, yelled, “I am insulted that so many of you think we are idiots and we don’t know what we are doing.” Parents are heavily involved in their kids’ education and get no state money for it. “Stay out of our learning for our children. … They are our children, they are not yours.”
Delegate Danielle Walker, D-Monongalia, an amendment co-sponsor who homeschooled her sons, said the vast majority of homeschool parents are dedicated but a few fall short. “We just want safety nets. …All children should be safe.”
Evans’ amendment failed 24-73.
Members also rejected one by Delegate John Doyle, D-Jefferson, to say no entity rejected as a charter school could apply to be a microschool. He said this was an attempt to ward off bad actors, but Ellington pointed out one charter school application was rejected simply because the cap on the number of schools had been reached, not for any kind of failure.
SB 268 will also be up for passage on Friday.
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