How to Regulate Critical Race Theory in Schools: A Primer and Model Legislation. Issue Brief

"Critical Race Theory" (CRT) is the term commonly applied in public debates to controversial racially charged curricula and initiatives in the public schools, as well as various parallel trainings and programs commonly being adopted in school and other settings. Initially, CRT was confined to the niche circles of legal academia from which it originated. More recently, its core ideas have been applied and expanded to an array of disciplines, including education. Unsurprisingly, many parents and teachers across the country have been troubled by these developments. CRT is unpopular with the public, especially when details of specific practices are made clear. For the abstract question of whether people support CRT, a "YouGov/Economist" survey conducted June 13-15, 2021, found that many Americans didn't know what it was; but of those who did, 56% opposed it while 38% supported it. This brief examines the history and current issues with CRT. It also crafts a proposed model legislation as a tool for elected officials to consider in crafting legislation responsive to CRT--infused pedagogy, consistent with the aforementioned principles. The model legislation includes two substantive sections, the former oriented around transparency and the latter around compelled speech and curricular content. Although the proposed model bill is crafted with constitutional limits in mind, it does not push the outer bound of what is constitutionally permitted for state legislatures, and some state legislatures could go further without running afoul of federal law.