A contentious election: How the aftermath is impacting education

Amy L Dagley, Ph.D. University of Alabama Birmingham Brittany Larkin, Ph.D. Auburn University ELA Annual Conference, San Diego, 2017 A contentious election: How the aftermath is impacting education Each year one of the presenters co-authors a yearbook chapter for ELA on federal and state legislation. In the process of working on the yearbook, one can see trends in legislation based upon similar topic areas of legislation that pass across the country. Typically we look to case law to inform us of changes in education, yet statutory law is also telling as it is written by politicians with agendas in response to constituencies and special interest groups. After an intense election cycle, and an unprecedented executive branch, the presenters predicted state legislation would show an increase in legislation in response to these events, much of which could impact schools. When proposing this presentation, the ACLU expected an increase of religious freedom legislation in 2017, and common sense told us there may be an increase in other legislation that would impact schools. We suspected the impact would appear in changes in state mandates for science curriculum, or more oversight in state civics education programs, but we did not anticipate the sheer volume of legislation introduced. In researching the yearbook chapter for ELA, only legislation that is passed into law is included in the chapter. To get a sense of trends, we decided to look at all legislation introduced across the fifty states. LegiScan was used to search bills in 2017 using search terms: religion, civics, and curriculum. As legislation was discovered, search terms were broadened to find other legislation impacting schools that may or may not appear in the first search. The terms immigration, and sanctuary were added. Federal Immigration and Sanctuary Status When considering this presentation early in 2017, we did not anticipate immigration would become an issue impacting schools, nor did we anticipate that the concept of sanctuary cities, states, and campuses would emerge. Currently, in 2017, 105 pieces of legislation have

been introduced that address federal immigration issues, with instructions on how law enforcement and other state and local agencies should interact with federal immigration enforcement. Most of the legislation falls into two categories, prohibiting sanctuaries and requiring cooperation with federal immigration enforcement, or prohibiting cooperation with federal immigration and allowing sanctuaries. Of the 105 pieces of legislation introduced, only 21 included language specifically mentioning schools. However, nearly all of the legislation included in this section would impact school operations in some way, whether it be in changing how schools collect information and keep databases, or in how school employees interact with law enforcement. Most obvious to the educator would be how these statutes would impact enrollment, and the overall climate of the school. Sixty-four of the introduced pieces of legislation included language prohibiting sanctuaries and/or requiring state and local cooperation with federal immigration. Of these 63, eleven failed, four passed, three were engrossed, and one was vetoed. 2017 Legislation Prohibiting Sanctuaries and/or Requiring Cooperation AK HB 205 Introduced AR HB 1042 Failed CO SB 281 Failed CO HB 1134 Failed CT HB 05316 Introduced CT HB 06091 Introduced CT HB 05272 Introduced CT HB 05555 Introduced FL H 0697 Failed FL S 0786 Failed GA HB 37 Passed IA SF 481 (formerly SSB 1172) Engrossed IA HF 265 (formerly HSB 67) Introduced ID H 0076 Introduced ID H 0198 Introduced IL HB 4093 Introduced IN Public Law 265, SB 0423 Passed KS HB 2275 Introduced KS SB 158 Introduced KY HB 501 Introduced KY HCR 127 Introduced

LA HB 676 Engrossed MA H 1107 Introduced MD HB 598 Introduced ME LD 366 Failed MI HB 4105 Introduced MI HB 4334 Introduced MN HF 1664 Introduced MN SF 881 Introduced MO HB 980 Introduced MS HB 600 Failed MS CH. 383, SB 2710 Passed MT HB 611 Failed NC S 145 Introduced NC S 188 Introduced NJ S 2945 Introduced NJ A 1707 Introduced NV SB 333 Introduced NY A 02872 Introduced OH HB 179 Introduced OH SB 162 Introduced OK SB 573 Introduced OR HB 2921 Failed OR HB 3450 Failed PA HB 14 Introduced RI H 5093 Introduced RI H 5394 Introduced TN SB 155 Introduced TN HB 271 Introduced TN HB 687 Introduced TN SB 507 Introduced TX SB 4 Passed TX HB 328 Introduced TX HB 3698 Introduced TX HB 149 Introduced TX HB 762 Introduced TX HB 1109 Introduced VA SB 1262 Engrossed VA HB 2000 Vetoed VA HB 2236 Introduced WI AB 127 Introduced WI AB 190 Introduced WI SB 275 Introduced

Thirty pieces of the introduced legislation included language allowing sanctuaries and/or prohibiting state and local cooperation with federal immigration. Of these 28, three failed, two passed, and one was engrossed. 2017 Legislation Prohibiting Cooperation and/or Allowing Sanctuaries CO HB 1230 Failed CT HB 06709 Introduced FL S 1674 Failed FL H 1407 Failed HI HCR 125 Passed HI SCR 131 Engrossed HI HCR 166 Engrossed IL HB 0426 Introduced IL HB 3099 Introduced IL HB 3698 Introduced IL HB 3739 Introduced MD HB 272 Introduced MN SF 1110 Introduced MN HF 1576 Introduced MN SF 1454 Introduced NJ S 3007 Introduced NJ A 4590 Introduced NJ SCR 134 Passed NJ A 4611 Introduced NJ S 3005 Introduced NM SB 270 Introduced NM HB 116 Introduced NV SB 223 Introduced NV AB 357 Introduced NY A 07430 Introduced NY S 03974 Introduced TX SB 108 Introduced VT HJR 2 Introduced Thirteen pieces of legislation were introduced addressing immigrant status and eligibility for admission or in-state tuition in higher education institutions, although so far five have failed and the rest have not made it past the introduction and assignment to committees.

2017 Legislation on Immigrants and Tuition, Fees, and Admission CT SB 00017 Introduced CT HB 05639 Introduced FL S 1732 Failed FL H 1341 Failed FL S 0082 Failed FL S 0700 Failed MA H 637 Introduced MA H 2229 Introduced MS HB 600 Failed NY S 04079 Introduced NY A 06588 Introduced NY S 00471 Introduced NY S 01350 Introduced Civics Education # of legislation introduced dealing with civics education! All civics related legislation were grouped by type, which fell into legislation requiring civics instruction, legislation requiring a civics test, and a small group of other civics related legislation. A total of 36 pieces of legislation were identified as requiring a civics test for students, most of which identified the U.S. Citizenship and Immigration Services test or an adaption thereof to be used. Of the 36 bills, three failed, five passed. While the sheer number of introduced legislation indicated a new trend, when compared to similar legislation passed in 2016 (three passed) 1 and in 2015 (four passed), 2 the findings seem less extraordinary. In order to discover if a trend truly exists, we would recommend a study of introduced legislation from 2015-2017 to determine if requiring a civics test in schools is a response to the current political climate. 2017 Legislation Requiring a Civics Test AL Acts 2017-173, SB 32 Passed AR Acts 478, HB 1539 Passed HI HB 393 Introduced IA HF 220 Introduced IN SB 0117 Engrossed 1 2016 Mich. Pub. Acts No. 391, HB 4136; and 2016 Mo. Laws SB 638; and 2016 N.H. Laws Ch. 7, SB 157. 2 2015 Ariz. Sess. Laws Ch. 1, HB 2064; and 2015 Idaho Sess. Laws Ch. 293, SB 1071; and 2015 Tenn. Pub. Acts Ch. 499, SB 10, HB 10; and 2015 Utah Laws SB 60.

KY Acts Ch. 109, SB 159 Passed MA S 278 Introduced MA H 237 Introduced MD SB 263 Introduced MD HB 834 Introduced MN HF 731 Introduced MN SF 773 Introduced MS HB 1176 Failed MS HB 569 Failed MS SB 2458 Failed MS HB 433 Failed MS SB 2090 Failed MT Ch. 303, SB 242 Passed NC S 586 Introduced NE LB 155 Introduced NE LB 14 Introduced NJ A 3894 Introduced NV Ch. 337, SB 322 Passed OK HB 1941 Introduced OR HB 2691 Failed PA HB 564 Introduced TN SB 476 Introduced TN HB 515 Introduced TN HB 1365 Introduced TN SB 1042 Introduced TX HB 1776 HB 1195 Introduced WA HB 1706 Introduced WV SB 432 Introduced WV HB 2442 Introduced WY HB 0133 Failed Civics instruction was also addressed by the states, with 52 pieces of legislation introduced in this topic. Several of the bills specified instruction in the Constitution, Declaration of Independence, Bill of Rights, the Federalist Papers, and the structure of federal, state, and local government. Others made changes to curriculum requirements, and one required instructors who teach civics or social studies in general at a public higher education institution to teach without expressing a personal philosophical agenda, bias, or political opinion. 3 Ten passed, four are engrossed. In comparison, only two bills addressing civics instruction passed in 2016, 4 and none in 2015. 3 2017 Md. HB 1135. 4 2016 S.C. Acts 192, H. 3848; and 2016 Va. Acts Ch. 737, HB 36.

2017 Legislation on Civic Instruction AR HB 1710 Introduced AZ SCR 1026 Passed CA Ch. 292, AB 491 Passed CA AB 189 Enrolled CA SB 787 Introduced CA AB 761 Introduced CO HB 1022 Failed CT SB 00103 Introduced CT HB 05490 Introduced CT HB 05946 Introduced FL H 7057 Failed* FL S 1710 Failed* FL Ch. 116, H 7069 Passed IN HB 1083 Introduced IN SB 0117 Engrossed IN Public Law 162, SB 0029 Passed MA H 2016 Introduced MA S 215 Introduced MA S 248 Introduced MA H 2043 Introduced MA H 2855 Introduced MA H 222 Introduced MA H 2039 Introduced MA S 307 Introduced MA H 315 Introduced MA H 2022 Introduced MA S 211 Introduced MD HB 1135 Introduced ME LD 322 Failed MI HB 4726 Introduced MN HF 1464 Introduced MN SF 1793 Introduced MN HF 2158 Introduced MN HF 1602 Introduced MN SF 1061 Introduced NC Ch. 126, H 135 Passed ND HB 1420 Engrossed NH Ch. 107, SB 45 Passed NJ A 3729 Introduced NY A 01155 Introduced

NY A 06839 Introduced NY S 05646 Introduced NY S 06218 Introduced OK SJR 9 Engrossed OR HB 2219 Passed OR Ch. 501, HB 2845 Passed RI H 5665 Introduced UT HB 264 Engrossed VA Ch. 327, SB 840 Passed WA SB 5236 Introduced WV Ch. 70, HB 3080 Passed WV HB 2421 Introduced *Passed in companion bill 2017 Fla. Laws Ch. 116, H. 7069. Next Door to Civics Instruction Media Literacy 2017 Legislation on Media Literacy Curriculum CA AB 155 Introduced MA S 278 Introduced MA S 248 Introduced MA S 307 Introduced MA H 315 Introduced MA S 211 Introduced MN HF 2158 Introduced Ethnic Studies Science and Critical Thinking Curriculum The terms critical thinking, diverse curriculum, and academic freedom were used in several science curriculum bills as ways to encourage teachers to address opposing points of view or beliefs when teaching evolution, global warming, or human cloning. Two pieces of legislation proposed teaching climate change and global warming as a requirement in science. 2017 Legislation on Science and Critical Thinking Curriculum

AL HJR 78 Passed AR HB 2050 Introduced HI HR 30 Passed IA HF 480 Introduced IN SR 0017 Introduced OK SB 393 Engrossed TX HB 1485 Introduced VT H 329 Introduced Curriculum Related to Religion Traditional Celebrations 2017 Legislation for Traditional Celebrations AL HB 549 Introduced IN SB 0518 Introduced MO HB 696 Introduced MO HB 1123 Introduced MS HB 867 Failed NJ A 3307 Introduced RI H 5385 Introduced Religious Freedom / Religious Civil Liberties 2017 Legislation on Religious Freedom Restoration Act Language CO HB 1013 Failed GA SB 233 Introduced HI HB 823 Introduced WA HB 1217 Introduced WV SB 19 Introduced