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State Lawmakers Make Curricular Demands of 69传媒

May 10, 2011 8 min read
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It鈥檚 not unusual for lawmakers to debate aspects of the American political system, but a recent discussion in Utah鈥檚 House of Representatives wasn鈥檛 merely theoretical.

The under consideration, since signed into law, requires public schools to teach that the United States is a 鈥渃ompound constitutional republic.鈥 The curriculum also must provide a 鈥渢horough study鈥 of key historical documents, it says, such as the U.S. Constitution, the Mayflower Compact, and Supreme Court decisions.

Speaking in opposition, Rep. Carol Spackman Moss said the bill represented a 鈥渟lippery slope鈥濃攊ndeed a 鈥渄ouble black diamond slope鈥濃攐f legislative interference. 鈥淎 鈥榥o鈥 vote on this just would say, we don鈥檛 believe in micromanaging the curriculum,鈥 the Democrat argued.

Although decisions on what gets taught are usually seen as the purview of school districts and state school boards, the legislators in Utah aren鈥檛 the first, and certainly won鈥檛 be the last, state lawmakers to try to influence the curriculum. Other recent examples span the country and content areas鈥攃ivics and science, financial literacy, arts education, sex education, and anti-bullying measures that call on schools to work the issue into health classes.

Especially in a time of tight state and district budgets, and in the face of an already crowded curriculum, some observers suggest that such measures can prove particularly burdensome.

But whether sponsored by Republicans or Democrats, the legislative proposals keep coming.

In California, a bill approved in mid-April by the state Senate would require public schools to incorporate the history and contributions of homosexuals into social studies classes. The Tennessee House of Representatives last month passed a bill that would require state and local educational authorities to 鈥渁ssist teachers to find effective ways to present the science curriculum as it addresses scientific controversies,鈥 including evolution and global warming. It also would protect teachers from disciplinary action for analyzing and critiquing those topics.

And Wisconsin lawmakers in late 2009 pushed through a to revamp the state鈥檚 social studies standards to include teaching the history of labor unions and collective bargaining鈥攁 requirement that鈥檚 taken on an ironic cast with a new legislature鈥檚 curbs on public-employee unions.

Lessons From the Statehouse

BRIC ARCHIVE

Lawmakers have introduced, and in some cases passed, legislation mandating additions to or changes in the curriculum taught in public schools. Recent examples include:

CALIFORNIA
SB 48 | Status: Senate approved, April 14, 2011
Adds lesbian, gay, bisexual, and transgender Americans, as well as persons with disabilities, to the list of groups whose roles and contributions must be 鈥渁ccurately portrayed鈥 in social-science instruction and instructional materials. Prohibits the state or districts from adopting textbooks or other instructional materials that 鈥渞e铿俥ct adversely鈥 on a person鈥檚 sexual orientation.

FLORIDA
HB 105 | Status: Gov. Charlie Crist signed, May 11, 2010
Requires the successful completion of at least one semester-long civics education course in the middle grades. 69传媒 must pass a new end-of-course assessment in civics to receive course credit.

MASSACHUSETTS
SB 2313 | Status: Gov. Deval Patrick signed, May 3, 2010
Requires the state to set academic standards for instruction in bullying prevention and requires both public and private schools to provide age-appropriate instruction on the topic.

NEW JERSEY
AB 2920 | Status: Assembly approved, March 14, 2011; Senate approved, March 21, 2011
Requires the state to develop a policy for school district dating violence and requires all districts to incorporate age-appropriate dating-violence education into health curriculum.

NORTH DAKOTA
HB 1412 | Status: House defeated, 47-47, Feb. 18, 2011
Requires school districts to teach concepts of personal 铿乶ance at least once during the 6th, 7th, or 8th grade.

TENNESSEE
HB 368 | Status: House passed, April 7
Requires state and local educational authorities to 鈥渁ssist teachers to 铿乶d effective ways to present the science curriculum as it addresses scientific controversies,鈥 including evolution and global warming. Prohibits state or local authorities from preventing a teacher from helping students 鈥渦nderstand, analyze, critique, and review in an objective manner the scientific strengths and scientific weaknesses of existing scientific theories covered in the course.鈥

UTAH
HB 220 | Status: Gov. Gary R. Herbert signed, March 25, 2011
Requires American history and government instruction to address forms of government, including the United States as a 鈥渃ompound constitutional republic. Requires school curricula to include a 鈥渢horough study鈥 of American historical documents, such as the U.S. Constitution, the May铿俹wer Compact and Supreme Court decisions

WISCONSIN
AB 172 | Status: Gov. James E. Doyle signed, Dec. 10, 2009
Requires the inclusion of 鈥渢he history of organized labor in America and the collective bargaining process鈥 in the state鈥檚 model academic standards for social studies.

SOURCE: Education Week

Michael W. Kirst, a professor emeritus of education at Stanford University, said lawmakers in California and elsewhere have long tried to wade into the curriculum.

In contrast, the federal government is prohibited from doing so by language in the law establishing the U.S. Department of Education, as well as in the Elementary and Secondary Education Act.

鈥淭hey usually insert very narrow things that are disconnected from the broader flow of the curriculum,鈥 Mr. Kirst said of state legislators. 鈥淸The measures] pile up over the years and lead to somewhat of a disjointed process.鈥

鈥楥hecks and Balances鈥

In Utah, Republicans led by Rep. Michael T. Morley championed the civics education bill, which in part calls on schools to contrast the U.S. form of government with others.

鈥淚 think we gloss over a little too quickly the very essence of what makes our country so great,鈥 Rep. Morley said in an interview, 鈥渁nd why it鈥檚 so important that all of these checks and balances are in there, and what the founders so masterfully put together.鈥

The GOP lawmaker said the measure was spurred in part by complaints he鈥檚 heard that some teachers aren鈥檛 providing accurate or thorough instruction on the U.S. government and its nature.

The particular wording about the U.S. government morphed during the legislative process.

As originally introduced, it said the government should be taught as a 鈥渞epublic.鈥 That was later amended to say a 鈥渃onstitutional republic.鈥 The Senate added the word 鈥渃ompound鈥 to signal the mix of federal and state authority.

While Rep. Morley concedes that the final phrase might be unfamiliar to many people, that doesn鈥檛 trouble him. 鈥淚t will require a little more discussion ... that goes deeper into the whole [issue] of what the checks and balances are,鈥 he said.

Limited Time

But the effort has encountered some stiff criticism.

鈥淲e maintain that delving into particular curricular items is going beyond their constitutional mandate and duty,鈥 said Debra G. Roberts, who chairs the Utah school board. 鈥淧ractically speaking, the legislature has long delved into curricular issues. Is that healthy for the system? No, I don鈥檛 believe it is.鈥

She also expressed concern about the law鈥檚 particulars, including the phrase 鈥渃ompound constitutional republic,鈥 which she suggests might be confusing to some educators and students.

鈥淚t isn鈥檛 wordsmithing the curriculum that鈥檚 needed, it鈥檚 finding a way to tell that unique American story in a way that helps engage [students],鈥 she said.

Matthew J. Burbank, an associate professor of political science at the University of Utah, said the measure supplies 鈥渁 rather unusual phrase鈥 to describe the U.S. government, though he added that, 鈥渋n political science terms, it鈥檚 a perfectly accurate thing to say.鈥

Mr. Burbank said he did find it striking that the conservative lawmakers who pushed it left 鈥渄emocracy鈥 out of the description.

鈥淚t鈥檚 not like schools don鈥檛 already teach this,鈥 he said, 鈥渂ut how much do you emphasize democracy and how much do you emphasize republic?鈥

A House Democrat offered an amendment to call the nation a 鈥渄emocratic constitutional republic,鈥 but Republicans said no.

The mandate that schools teach a list of historical documents 鈥渢horoughly鈥 also sparked debate.

鈥淚 can think of a lot of things I鈥檇 like to be taught thoroughly,鈥 Rep. Moss, who voted against the measure, said during floor debate in February. 鈥淭he place for this to be handled is at the local level.鈥

Ms. Roberts said she believes students should study key U.S. historical documents and suggests that many schools already do so.

But she also said schools face limits, given how much academic content they must cover.

鈥淚t becomes a matter of time when you look at the long list [of documents identified],鈥 the state board leader said. 鈥淔inding the time to put those into a teacher鈥檚 lesson鈥攖hat will be challenging.鈥

Meanwhile, California Democrats have championed a bill that would require public schools to include the history and contributions of lesbian,gay, bisexual, and transgender individuals in social studies courses.

Sen. Mark Leno, the lead sponsor, said the bill aims to combat what he sees as the 鈥渃ensorship鈥 of such information from many classrooms. He also argues that promoting awareness would curb anti-gay stereotypes and thereby reduce bullying of and violence against LGBT students. (鈥淐alif. May Mandate Inclusion of Gay History in Curricula,鈥 April 27, 2011.)

The state Senate passed the bill April 14 on a party-line vote of 23-14. With Democrats controlling the state Assembly and the governorship, advocates say they鈥檙e hopeful it will become law.

Some Republicans and conservative activists have attacked the bill for what they see as inappropriately promoting the widespread acceptance of homosexuality.

But that鈥檚 not the only line of criticism. The Los Angeles Times editorial board, while saying that gays鈥 struggles against discrimination have a 鈥渓egitimate place鈥 in the curriculum, issued its own last month.

鈥淵ears ago, California made the wise decision to have experts draw up a balanced social studies curriculum,鈥 the editorial said. 鈥淟egislators aren鈥檛 improving education in the state by stuffing the curriculum with new politically correct requirements.鈥 It continued: 鈥淚f more is added, ... something else will have to be deleted or treated more shallowly.鈥

Another Mandate?

The Wisconsin measure on the teaching of labor history and collective bargaining was enacted about a year before the state saw a political sea change, bringing the issue of collective bargaining into sharp focus. First-year Republican Gov. Scott Walker recently signed a bill to curtail the bargaining rights of many public employees.

The curriculum measure, strongly backed by state labor unions and signed by then-Gov. James E. Doyle, a Democrat, came when Democrats controlled the legislature, now in GOP hands.

Steven J. Cupery, the president of the Wisconsin Labor History Society and a union representative for the Wisconsin Education Association Council, said the 2009 legislation was needed because the history of unions and collective bargaining is 鈥渘ot taught in many schools.鈥

鈥淢any teachers feel intimidated when it comes to talking about unions and collective bargaining in the classroom,鈥 he said. 鈥淲e want to make clear that the state has a policy that this be incorporated into the curriculum, so teachers feel ... they have some backing when it comes to teaching those subjects.鈥

But M. Scott Neederjohn, an associate economics professor at Lakeland College, near Sheboygan, Wis., called its passage 鈥渕ore a political maneuver than an educational maneuver.鈥

鈥淢y concern is it鈥檚 just another mandate that schools have to meet without any support,鈥 said Mr. Neederjohn, who recently completed a study on civics education.

The bill passed by the Tennessee House in April on classroom instruction in scientific theories is seen by critics as a thinly veiled attempt to undermine the teaching of evolution. A companion bill in the state Senate, however, was recently withdrawn by its author.

Louisiana enacted a similar measure in 2008, but the debate isn鈥檛 over. Recently, a bill was introduced to repeal the law. Opponents of the law held a rally at the Statehouse last month, and a group of 42 Nobel Prize-winning scientists wrote a joint letter urging lawmakers to repeal it.

Some Oregon lawmakers are trying to move away from curricular demands. A bill the Senate passed last month with backing from many education groups and the state education department would eliminate a variety of legislative mandates, including measures that require instruction on the Irish potato famine, the arms race, and conflict resolution.

鈥淚t鈥檚 not that I don鈥檛 think [these] are important issues,鈥 said Sen. Suzanne Bonamici, a Democrat and the lead sponsor. 鈥淚t鈥檚, do we need to have a statutory requirement that those be included?

鈥淚f they鈥檙e an important part of history,鈥 she said of the potato famine and the arms race, 鈥渢eachers will include instruction about them without being told by the Oregon legislature to do so.鈥

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A version of this article appeared in the May 11, 2011 edition of Education Week as Lawmakers Set Curricular Demands

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