Nonprofit Mississippi News Thursday’s Senate Education Committee approved legislation banning critical race theory teaching in Mississippi’s K-12 public schools, as well as in state public universities and community college. Opponents claim that the bill would be unconstitutional if it is passed. SB 2113 is one of many bills that were filed in the 2022 session to ban this controversial topic. Governor. Tate Reeves strongly opposed critical race theory. They vow to stop the theory from being taught in schools, as they claim it seeks to divide people based on race. Critic race theory supporters claim that this is a misinterpretation of the academic framework. This examines the impact of racism on systems such as education and housing. The bill says that no public school, public college or university can make any distinction or classify students on the basis of race. It also cites that the legislation “prohibits” critical race theory. For months, the Mississippi State Department of Education has maintained that critical racism theory is not taught at the K-12 level. It’s an idea that is discussed primarily at the university level — which is where legal experts believe the bill could violate the U.S. and state constitutions. It is rare for the Legislature, particularly public universities, to set the curriculum for public schools. The state Constitution, Section 213 states that public universities must be managed and controlled by the Board of Trustees of State Institutions of Higher Learning. Matthew Steffey, a Mississippi College constitutional law professor, stated that the bill would likely violate faculty’s contractual right to academic freedom. Steffey stated that universities are established with promises of academic freedom as a part of their accreditation process. It is extremely problematic for state law try to infringe upon the existing contractual rights, and commitments at the individual professor and at the university levels. Steffey said, “Imagine a statute saying that a biology teacher cannot teach evolution in a university Biology class.” Jarvis Dortch, executive director of ACLU of Mississippi, stated that K-12 teachers might not be able challenge the bill if it becomes law. However, it will depend on MDE’s rules and regulations for enforcement. K-12 teachers are less free to express themselves in the classroom than university faculty because they have to follow a state-set curriculum. Dortch stated that college students expect more dialogue and debate than they do in K-12. READ MORE: Does Mississippi actually want to remove civil rights history from its teaching standards. Dortch stated that the bill was so vague that it is difficult to see how it will affect students and faculty at university-level. He also said that speech restrictions are not being applied. He pointed out a section in the bill that would prohibit public schools or universities from making “a distinction of classification of students on account of race”. “I don’t know what that means, but I know that it could touch on many things like Ole Miss law school recognizing the Black Law Students Association or having diversity programs, affirmative action programs or any other type of affirmative program.” Mississippi Today reached out to the IHL board for comment but they did not respond. Thursday’s hearing saw Sen. Michael McLendon (R-Hernando) tell members of the Senate Education Committee that he has heard concerns from constituents about the DeSoto County public school system. “I’ve had many constituents ask me questions about this happening in our schools,” McLendon said. McLendon, the bill’s primary author, asked McLendon if there was ever any chance that it would happen. Dennis DeBar (R-Leakesville), asked McLendon whether “basically this bill to ensure that everything being taught in our schools is color blind, and no preference of any kind,” McLendon replied. Senator David Blount (D-Jackson) stated that there was a lot to be said about the retrograde bill. He also mentioned racism and the power of Mississippi. However, Blount indicated that he would not comment on those points as the full Senate was about convene. This cut short the Education Committee. David Jordan, D.Greenwood, who is a veteran of civil rights struggles in Mississippi, asked why legislation was necessary. “I don’t think this legislation is necessary. Jordan stated that it creates more problems than solves. “Teach the subject matter…As an ex-teacher, I believe it does more harm that good.” To support this important work, you can make a recurring gift today to celebrate our Spring Member Drive.