Texas Senate-approved measure restricting critical race theory heads to governor’s desk

The Texas Senate passed legislation Saturday that would prevent schools and state agencies from requiring or instructing certain concepts associated with critical race theory.

In an after-midnight vote, senators approved HB 3979, which provides that teachers, administrators, and other employees of state agencies may not teach concepts such as certain individuals being inherently racist by virtue of their racial identity and that certain people bear responsibility “for actions committed in the past by other members of the same race or sex.”

The bill, which passed the Texas House on May 11, is nominally a measure on public school social studies curricula, directing the state board of education to foster students’ knowledge of various works and ideas, including the history of Native Americans, the founding documents, and the works of Frederick Douglass.

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While HB 3979 does not mention critical race theory by name, it forbids concepts that are related or adjacent to it from being promoted in schools and state agency training.

Critical race theory holds that “racism is a normal and ordinary part of our society, not an aberration,” according to a seminar developed by Fordham Law School’s Center on Race, Law and Justice.

HB 3979 has provisions to address related notions, including one providing that teachers and other state employees may not “be required to engage in training, orientation, or therapy that presents any form of race or sex stereotyping or blame on the basis of race or sex.”

Under the bill, teachers may not be “compelled to discuss a particular current event or widely debated and currently controversial issue of public policy or social affairs,” but one who decides to do so “shall, to the best of the teacher’s ability, strive to explore the topic from diverse and contending perspectives without giving deference to any one perspective.”

Teachers, administrators, and other state agency employees “may not require or make part of a course” the concepts that “one race or sex is inherently superior to another race or sex,” that “an individual, by virtue of the individual’s race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously,” and that meritocracy and work ethic “are racist or sexist or were created by members of a particular race to oppress members of another race,” according to the legislation.

“Last nite [sic] & into the morning, Texas Senate debated #CriticalRaceTheory,” Republican state Sen. Bryan Hughes said Saturday. “We must teach the truth about our history, & judge others based on the content of character & not the color of skin.”


“What I don’t understand is how can we praise and celebrate our teachers for the great work, the long hours, and the above-and-beyond efforts like we have recently through COVID, but at the same time demonstrate to our teachers that we just don’t trust them enough to be the educational professionals,” said Democratic state Sen. Jose Menendez during debate on the bill.

At least 13 states, including Texas, took up or partially passed legislation to regulate critical race theory or related concepts. Five states have passed policies restricting or countering critical race theory.

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HB 3979 is heading to the desk of Republican Gov. Greg Abbott, who has called for state curriculum changes.

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