S2685

An Act concerning the teaching of critical race theory in public schools and supplementing chapter 35 of Title 18A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. A teacher employed by a school district shall not provide instruction or utilize supplemental materials promoting concepts related to critical race theory. For purposes of this act, “critical race theory” includes, but shall not be limited to, any of the following concepts:

(1) one race or sex is inherently superior to another race or sex;

(2) an individual, by virtue of the individual's race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously;

(3) an individual should be discriminated against or receive adverse treatment because of the individual's race or sex;

(4) an individual's moral character is determined by the individual's race or sex;

(5) an individual, by virtue of the individual's race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(6) an individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual's race or sex;

(7) a meritocracy is inherently racist or sexist, or designed by a particular race or sex to oppress members of another race or sex; and

(8) the State or the United States is fundamentally or irredeemably racist or sexist.

b. A teacher who violates the provisions of subsection a. of this section shall be subject to disciplinary action before the State Board of Examiners including suspension or revocation of the teacher’s certificate.

2. The Commissioner of Education shall impose a monetary penalty of no more than $5,000 against a school district that employs a teacher who provides instruction or utilizes supplemental materials promoting concepts related to critical race theory in violation of subsection a. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill)

3. The Commissioner of Education shall establish and maintain a toll-free telephone hotline and email inbox for parents and guardians to report the teaching of critical race theory in public schools. Information received by the commissioner pursuant to this section shall be shared with the State Board of Examiners for appropriate action.

4. This act shall take effect immediately.

STATEMENT

This bill prohibits a teacher employed by a school district from providing instruction or utilizing supplemental materials promoting concepts related to critical race theory. For purposes of the bill, “critical race theory” is defined, but would not be limited to, the following concepts:

· one race or sex is inherently superior to another race or sex;

· an individual, by virtue of the individual's race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously;

· an individual should be discriminated against or receive adverse treatment because of the individual's race or sex;

· an individual's moral character is determined by the individual's race or sex;

· an individual, by virtue of the individual's race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

· an individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual's race or sex;

· a meritocracy is inherently racist or sexist, or designed by a particular race or sex to oppress members of another race or sex; and

· the State or the United States is fundamentally or irredeemably racist or sexist.

A teacher who violates the provisions of this bill would be subject to disciplinary action before the State Board of Examiners including suspension or revocation of the teacher’s certificate.

The Commissioner of Education would be required to impose a monetary penalty of no more than $5,000 against a school district that employs a teacher who provides instruction or utilizes supplemental materials promoting concepts related to critical race theory in violation of the bill. The commissioner would also be required to establish and maintain a toll-free telephone hotline and email inbox for parents and guardians to report the teaching of critical race theory in public schools. Information received by the commissioner would be shared with the State Board of Examiners for appropriate action.