Two critical race bills survive

CASPER — Two of three critical race theory bills survived their first week in the Wyoming Legislature. 
One measure more overtly seeks to bar the theory from being taught in school. The second requires school districts to publish their educational materials online. A third, which contained an outright ban on critical race theory, did not survive introduction in the House. 
Critical race theory is an academic framework for examining how racism has historically been endemic in U.S. institutions and society. Keeping it out of schools has become a right-wing focus in the past year. It is not currently taught in Wyoming classrooms. 
The main critical race theory bill left in the Wyoming Legislature cleared its latest hurdle Friday, but only after all references to “critical race theory” and “critical theory” were removed — except for the title. 
The bill is still called, “Education-limitations on teaching critical race history.” 
Senate File 103 passed the Senate Education Committee unanimously. It will move on to be debated on the Senate floor next. 
Debate in committee went on for over an hour and a half. The bill drew criticism from the Wyoming Education Association and the Wyoming School Board Association. 
The education association has questioned the legality of the bill and argued that schools should not shy away from difficult subjects. Before the bill was amended, the School Board Association criticized the vague language of the draft.
“I’m not speaking on the philosophical argument, but to the specific text of the bill,” said Brain Farmer, lobbyist for the association. “It has vague language that has to be operationalized by a school district. Those lawsuits that are brought are brought against the district and the district will have to defend whether they acted in accordance with the vague language.” 
The bulk of the bill reads, “American institution and ideals” shall not include tenets that promote divisions or hatred on the basis of sex, race, ethnicity, religion, color, national origin.” 
That language was the result of debate and amendments. 
Prior to amendments, the bill stated, “As used in this section, “American institution and ideals” shall not include divisive tenets often described as “critical race theory” or a social philosophy of “critical theory” that inflames divisions on the basis of sex, race, ethnicity, religion, color, national origin or other criteria in ways contrary to the unity of the nation and the well being of the state of Wyoming and its residents.” 
Before the bill was amended, Farmer took particular issue with the vagueness of language that read “divisive tenets often described as critical race theory.” 
The proponents of the bill were mainly concerned that teachers would be teaching opinion as opposed to fact, namely in the form of critical race theory. 
Backers also say Wyoming school districts should not teach that people or groups are inherently racist because of their identity. 
Zane Rothfuss, a 10th grader at Laramie High School and son of a member of the education committee, spoke in opposition to the bill. 
He expressed concern that many important classes would not be taught because they’re “inflammatory.” 
“It would rob me and my peers of a lot of higher learning opportunities that we have in our school right now,” Rothfuss said.
Senate File 62, the second bill tied to critical race theory, never mentions the actual phrase. 
The “Civics Transparency Act” passed the two-thirds introduction vote 24 to five. One member was excused. 
The bill would require Wyoming school districts to publish online an annual list of material and activities organized by school, grade and subject area, in addition to policies employed to approve those learning materials. 
If the bill is passed in its current form, the online materials will have to be updated on an ongoing basis over the course of the school year. 
The main backers of the bill see it as a critical race theory bill to varying degrees. The prime sponsor, Sen. Ogden Driskill, R-Devil’s Tower, denies that it has anything to do with the topic. He stands by the idea that it’s a “very simple” bill because all it does is create increased transparency. 
“Controversial materials are a good thing for our students to see,” Driskill said on the floor. “But they need to be balanced.” 

At a press conference held for the bill last fall, former Superintendent of Public Instruction Jillian Balow directly linked it to critical race theory. 
“Nationwide, we’ve seen K-12 school board meetings engulfed in hostile debate about critical race theory in classrooms,” Balow said. “It is time that we take a stand and action in Wyoming to address this very topic.” 
Balow has since resigned to take the same job in Virginia. 
Her temporary replacement, Brian Schroeder, testified earlier Friday morning in favor of a bill that more explicitly bans critical race theory.
 
This story was posted online on Feb. 20, 2022