Hate crimes, which have been getting heightened attention since the Sept. 11 terrorist attacks, have found their way into this year鈥檚 congressional debate over education. At the behest of some conservatives, the House version of a bill to reauthorize the Elementary and Secondary Education Act would eliminate language in current law that authorizes the Department of Education to issue grants specifically for hate-crimes prevention. The Senate version of the bill would continue to allow the department to fund such grants.
The House position, written into that chamber鈥檚 bill last spring, has now prompted an outcry from more than 100 organizations, including education groups, the Anti-Defamation League, and the Arab American Institute.
鈥淚n the aftermath of the terrorist attacks of Sept. 11, some people have irrationally targeted their fellow Americans and others who appear to be of Muslim, Middle Eastern, or South Asian descent ... for violence,鈥� the groups wrote in an Oct. 16 letter to Congress.
鈥淓specially at this time,鈥� the letter says, 鈥渨e urge the conference committee to act to strengthen our nation鈥檚 core values of equality and respect for the individual by deferring to the Senate language on this matter鈥攁nd retain the Department of Education鈥檚 existing authority to assist schools and local communities in developing and implementing these critical anti-violence and bias crime prevention initiatives.鈥�
The issue arises as conferees from the House and the Senate are seeking to reconcile their respective versions of the ESEA. As of last week, congressional aides said no agreement had been reached on the hate- crimes provisions.
A Clash of Values
Some conservatives, citing what they say are philosophical objections to singling out offenses against members of certain groups as 鈥渉ate鈥� crimes, say there shouldn鈥檛 be any federal support for educational initiatives on the subject.
鈥淭he whole definition or category has concerned us,鈥� said Jennifer A. Marshall, the director of family studies at the Family Research Council in Washington. 鈥淲e believe that all crimes are crimes of hate.鈥�
Rep. Mark Souder, R-Ind., a member of the House Education and the Workforce Committee, said he would prefer that the Senate language be removed.
鈥淎 lot of this revolves around homosexuality,鈥� he said. 鈥淢any of the [educational] documents in effect try to preach acceptance of homosexuality as a lifestyle.鈥� He said that troubles those who believe homosexuality is a sin.
But Mr. Souder acknowledged that it would be difficult for conservatives to prevail in the ESEA debate. He suggested that ultimately the two sides might compromise by retaining the Senate鈥檚 hate-crime provisions while adding House language designed to assuage some of the conservatives鈥� objections by including a 鈥渞eligious protection.鈥�
The House language鈥攎odeled after a similar provision in juvenile-justice legislation, Mr. Souder said鈥攕tipulates that 鈥渢he development of educational programs that prevent school-based crime, including crimes motivated by hate ... and any published materials that address school-based crime shall not recommend or require any action that abridges or infringes upon the constitutionally protected rights of free speech, religion, and equal protection of students, their parents, or legal guardians.鈥�
That language 鈥渁t least attempts to address my major concern,鈥� Mr. Souder said. 鈥淧eople can in fact differ on homosexuality without differing on hate.鈥�
Nancy M. Zirkin, the director of government relations for the Washington-based American Association of University Women, said she has no particular objection to the House language, as long as the Senate provisions also remain.
The constitutional protections 鈥渨ould [apply] to any law that anyone would enact,鈥� she said.
While the Department of Education has provided some money for activities intended to prevent hate crimes, its role has been fairly limited. For example, the department issued seven grants for a total of $1.8 million in 1996 to address escalating ethnic and racial conflicts.
In 1999, the department issued a guide for schools on protecting students from harassment and hate crimes.
Last year, the Justice and Education departments jointly provided a $1 million grant to form Partners Against Hate, an information clearinghouse on preventing hate crimes.
