The National Association of Scholars and The America First Policy Institute Present: 10 State Policies to Restore Excellent k-12 Public Education in America

Every student and family should have access to excellent education in the United States. We have a duty to educate the next generation on the ideals this Nation was founded upon and prepare them for the responsibilities of citizenship. Unfortunately, debates about education have become partisan, but restoring excellent public education should be a priority for all. Education is one of the great Civil Rights issues of our time and the American people have spoken:

• 84% of registered voters believe that parents should be able to see all curriculum plans and materials for classes their children take.
• 68% of registered voters believe most public schools have lowered standards rather than demanding more from students.
• 56% of registered voters believe public school boards do not respect the role of parents.  
• 80% of Americans oppose using classrooms to promote political activism to students.
• 66% of those surveyed reported being “strongly” or “somewhat” in favor of all state and local elections being required to be held on the same day.
• 70% of registered voters support requiring partisan affiliation for candidates running for all offices.

In many instances, our public education system could be dramatically improved. The National Association of Scholars and the America First Policy Institute commend this Model K-12 Civics Code to all legislators, regardless of party affiliation. Our intent is to transcend partisan politics in the pursuit of the best possible civics instruction for America's K-12 students.

1. The Partisanship Out of Civics Act requires three years of social studies education taught in public schools and removes the requirement that teachers discuss current events or give credit for actions civics or any other sort of public policy advocacy. This act also bars a defamatory history teaching of America’s founding.
2. The Schools Nondiscrimination Act prevents certain ideas, persons, or events from being excluded from curriculum on account of race, sex, or other group identity.
3. The Values Assessment Act prevents schools from rewarding or punishing teachers based on their commitment to political or philosophical ideas.
4. The Academic Transparency Act requires public schools to publish financial expenditures, school board minutes, class syllabi, and other academic documents on the school’s website in a timely manner.
5. The Financial Transparency Act requires school districts to publish all budgets and itemized expenditures on the school district’s website.
6. The Contractor Nondiscrimination Act prohibits outside vendors for school districts from promoting any racist or bigoted concepts through teaching or teacher training.
7. The School Board Election Date Act shifts school board election dates to the same day as the general election, ensuring that all voters are aware of the school board election.
8. The Legislative Review Act requires all existing academic standards, and any upcoming revisions, to be submitted to the state legislature and governor for review.
9. The Social Studies Curriculum Act mandates all 1st through 4th grade students be enrolled in a social studies course that includes teaching the workings of the federal, state, and local levels of government.
10. The Civics Course Act mandates a year-long high school civics course that includes primary documents of the American founding as course material. It also bans a defamatory history teaching of the American founding and the discussion of controversial current affairs

*This model legislation was largely drafted by the Civics Alliance, convened by the National Association of Scholars.

POLICY # 1

The Partisanship Out of Civics Act

The Act prevents teachers from giving credit to service-learning or any other sort of public policy advocacy in history, government, civics, or social studies. The Act also protects teachers from being required to discuss current events, to advance one-sided discussion of current events, to affirm or undergo training using ideas such as systemic racism or gender fluidity, or to affirm or undergo training that uses the bigoted race and sex stereotyping inherent in Critical Race Theory. Finally, the Act calls for a minimum number of class-years’ instruction in United States history and government.[1]

MODEL LEGISLATIVE TEXT

WHEREAS, true civic education is not political action itself but rather preparation for, and prerequisite to, mature political life; and

WHEREAS, respect for the liberties of students and teachers, the views of a politically diverse citizenry, and the tradition of institutional neutrality that flows from these, means that political activism has no place in formal education; and

WHEREAS, the free speech, conscience, and religious liberty rights of teachers ought to be respected; and

WHEREAS, the ability of the citizens of the state of [state name] and its school districts to control K-12 curriculum content in courses on history, civics, social studies, and similar topics through their elected representatives should not be ceded to private entities; and

WHEREAS, concepts that impute fault, blame, a tendency to oppress others, or the need to feel guilt or anguish to persons solely because of their race or sex violate the premises of individual rights, equal opportunity, and individual merit underpinning our constitutional republic, and therefore have no place in training for teachers, administrators, or other employees of the public educational system of [state name]; now, therefore,

BE IT ENACTED:

Section A

1. The following is required for graduation from [state name] high school:
   1. Three years in history, government, economics, and geography [or social studies]. These years must include at least 1 year of U.S. history and at least 1 half-year term of U.S. government.

Section B

1. No teacher of history, civics, U.S. government and politics, social studies, or similar subject areas, whether for regular credit or advanced placement credit, shall be compelled by a policy of any state agency, school district, or school administration to discuss current events or widely debated and currently controversial issues of public policy or social affairs.
2. It shall be the policy of this state that teachers of history, civics, U.S. government and politics, social studies, or similar subject areas who choose to discuss current events or widely debated and currently controversial issues of contemporary public policy or contemporary social affairs shall, to the best of their ability, strive to explore such issues from diverse and contending perspectives.
3. In any course on history, civics, U.S. government and politics, social studies, or similar subject areas, whether for regular credit or advanced placement credit, no school shall require, make part of such course, or award course grading or credit to, student work for, affiliation with, or service learning in association with, any organization engaged in lobbying for legislation at the local, state or federal level, or in social or public policy advocacy.
4. In any course on history, civics, U.S. government and politics, social studies, or similar subject areas, whether for regular credit or advanced placement credit, no school shall require, make part of such course, or award course grading or credit to, lobbying for legislation at the local, state or federal level, or any practicum, or like activity, involving social or public policy advocacy.
5. No private funding shall be accepted by state agencies or school districts for curriculum development, purchase or choice of curricular materials, teacher training, professional development, or continuing teacher education pertaining to courses on history, civics, U.S. government and politics, social studies, or similar subject areas, whether for regular credit or advanced placement credit.
6. No teacher shall be compelled by a policy of any state agency, school district, or school administration to affirm a belief in the so-called systemic nature of racism, or like ideas, or in the so-called multiplicity or fluidity of gender identities, or like ideas, against his or her sincerely held religious or philosophical convictions.
7. No state agency, school district, or school shall teach, instruct, or train any administrator, teacher, staff member, or employee to adopt or believe in racist or bigoted concepts or defamatory history of America’s founding.
8. No teacher, administrator, or other employee in any state agency, school district, open-enrollment charter school, or school administration shall approve for use, make use of, or carry out, standards, curricula, lesson plans, textbooks, instructional materials, or instructional practices that serve to inculcate racist or bigoted concepts or defamatory history of America’s founding.

Section C

1. If any provision of this chapter, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this chapter and the application of its provisions to any other person or circumstance shall not be affected thereby.

DEFINITIONS

1. “Racist or bigoted concepts” means any one or more of the following concepts:
   1. one race or sex is inherently superior to another race or sex;
   2. an individual, by virtue of his or her race or sex, is inherently racist, sexist, privileged, biased, oppressed or oppressive, whether consciously or unconsciously;
   3. an individual should be discriminated against or receive adverse treatment solely or partly because of the individual’s race;
   4. members of one race cannot and should not attempt to treat others without respect to race;
   5. an individual’s moral standing or worth is necessarily determined by his or her race or sex;
   6. an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;
   7. any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex;
   8. meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a members of a particular race to oppress members of another race;
   1. fault, blame, or bias should be assigned to a race or sex, or to members of a race or sex because of their race or sex.
2. “Defamatory history of America’s founding” means any one or more of the following concepts:
   1. that the advent of slavery in the territory that is now the United States constituted the true founding of the United States; or
   2. that, with respect to their relationship to American values, slavery and racism are anything other than deviations from, betrayals of, or failures to live up to, the authentic founding principles of the United States, which include liberty and equality.
   3. That the United States is fundamentally racist or sexist.
3. “School” means K-12 public school.

POLICY # 2

SCHOOLS NONDISCRIMINATION ACT

 The Schools Nondiscrimination Act mandates that no one should be either included or excluded from our Nation’s content standards, curricula, trainings, textbooks, and other school materials on account of their race, sex, or other group identity.[2]

MODEL LEGISLATIVE TEXT

Section A

1. No person shall be included or excluded from a course of instruction because of that person’s race, sex, or other group identity.
2. No work shall be included or excluded from a course of instruction because of its creator’s race, sex, or other group identity.
3. No event shall be included or excluded from a course of instruction because it primarily concerned a particular group.
4. When a school decides to include or exclude a particular person, work, or event in its course of instruction, it will make that decision by assessing the significance of the person, work, or event to America as a whole, and in particular to the development of America’s ideals and institutions of liberty.

Section B

The provisions of Section A shall apply to content standards, curricula, trainings, textbooks, and all other school materials.

Section C

1. If any provision of this chapter, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this chapter and the application of its provisions to any other person or circumstance shall not be affected thereby.

POLICY #3

THE VALUES ASSESSMENT ACT

The Values Assessment Act prohibits public schools from assessing, rewarding, or punishing students, teachers, or administrators for their level of commitment to any value or attitude that requires assent to any philosophy or political framework.[3]

MODEL LEGISLATIVE TEXT

Section A

1. No public school or charter school shall use any assessment to measure the values or attitudes of a student, teacher, or administrator.
2. No public school or charter school shall reward or punish a student, teacher, or administrator, including by improvement or reduction in grade, for any value or attitude that requires assent to any philosophy or political framework.
3. Values and attitudes which may not be assessed, rewarded, or punished include commitment to “social justice,” “diversity,” “equity,” “inclusion,” or any other such concept that requires assent to any public policy.

Section B

If any provision of this chapter, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this chapter and the application of its provisions to any other person or circumstance shall not be affected thereby.

POLICY #4

THE ACADEMIC TRANSPARENCY ACT

The Academic Transparency Act requires public schools to publicize transparently every category of document relating to schools’ expenditures and procedures.[4]

MODEL LEGISLATIVE TEXT

Section A

1. Each public school and charter school shall make available to the public on the institution’s Internet website all expenditures, vendors, contracts, monthly expenditures, strategic plans, Board meeting agendas and minutes, regulations, guidelines, training materials, learning materials, course syllabi, a general description of the subject matter of each class, books and articles required or recommended, course assessments, and course assignments.
2. Each public school and charter school shall make available to the public on the institution’s Internet website all information listed in Subsection (1) no later than the seventh day after the document is produced.
3. Each public school and charter school shall update the information required by Subsection (1) as soon as practicable after the information changes.
4. Each public school shall retain the required information on the website for a minimum of two years from date of posting.
5. Each public school and charter school shall designate an administrator to be responsible for ensuring the implementation of this section. The administrator may assign duties under this section to one or more administrative employees.
6. Not later than January 1 of each odd-numbered year, the district will deliver a statement of compliance with this section to the state department of education and to the legislature. 

Section B

The information required by Section (A) must be:

1. accessible from the institution’s Internet website home page by use of not more than three links;
2. searchable by keywords and phrases; and
3. accessible to the public without requiring registration or use of a user name, a password, or another user identification.

Section C

1. Neither [State Board of Education] nor any public school or charter school shall contract with any vendor for proprietary materials that are prohibited from public review.
2. Neither [State Board of Education] nor any public school or charter school shall use proprietary materials that are protected from public review.

Section D

If any provision of this chapter, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this chapter and the application of its provisions to any other person or circumstance shall not be affected thereby.

POLICY #5

THE FINANCIAL TRANSPARENCY ACT

The Financial Transparency Act requires school districts to post immediately on a public website a transparent, detailed financial statement that itemizes all expenditures.[5]

MODEL LEGISLATIVE TEXT

Section A

1. Each publicly funded education institution shall make available to the public on the institution’s Internet website all budgets, expenditures, vendors, and contracts.
2. The information listed in Subsection (1) shall include an annual budget that includes anticipated revenues and expenditures for each administrative unit.
3. The information listed in Subsection (1) shall include a report comparing the budget with actual expenditures that shows the budget, actual revenue and expense transactions, revenue and expense encumbrances, and budget balance information for each administrative unit.
4. The information listed in Subsection (1) shall include a budgeted salary report that shows the name, title, classifications, Full-Time Equivalent (FTE) %, annual salary, funding sources, and percentage of salary for a specified budget for full-time and part-time positions.
5. The information listed in Subsection (1) shall include a transaction register that contains a complete record of all funds expended, from whatever source for whatever purpose.
   1. The register must include for each expenditure:
      1. the transaction amount;
      2. the name of the payee;
      3. whether the payment was bid out for the most cost-effective option;
      4. the identification number of the transaction; and
      5. a description of the expenditure, including the source of funds, a category title, and an object title for the expenditure.
   2. The register must include all reimbursements for expenses.
   3. The register shall include an entry for salary, wages, or other compensation paid to individual employees.
   4. The register must not include a social security number.
   5. The register must be accompanied by a complete explanation of any codes or acronyms used to identify a payee or an expenditure.
6. The information listed in Subsection (1) shall include month-end financial statements that show the current status of project budgets, expenditures, commitments, and balances.
7. Any information that is expressly prohibited from public disclosure by federal or state law or regulation must be redacted from any posting required by this section.

Section B

The information required by Section (A) must be:

1. accessible from the institution’s Internet website home page by use of not more than three links;
2. searchable by keywords and phrases;
3. accessible to the public without requiring registration or use of a user name, a password, or another user identification;
4. be updated on a regular basis to present expenditure data for the current fiscal year; and
5. retain expenditure data until ten (10) years of expenditure data are available, after which the website shall retain at least ten (10) years of expenditure data.[6]

Section C

If any provision of this chapter, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this chapter and the application of its provisions to any other person or circumstance shall not be affected thereby.

POLICY #6

THE CONTRACTOR NONDISCRIMINATION ACT

The Contractor Nondiscrimination Act prohibits contractors for school districts from promoting discrimination on the basis of race, sex, or other group identity.[7]

MODEL LEGISLATIVE TEXT

Section A

Publicly funded education institutions shall include in each contract with a vendor the provision that the vendor shall not teach, instruct, or train any employee to adopt or believe racist or bigoted concepts.

Section B

If any provision of this chapter, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this chapter and the application of its provisions to any other person or circumstance shall not be affected thereby.

DEFINITIONS

2. “Racist or bigoted concepts” means any one or more of the following concepts:
   1. one race or sex is inherently superior to another race or sex;
   2. an individual, by virtue of his or her race or sex, is inherently racist, sexist, privileged, biased, oppressed or oppressive, whether consciously or unconsciously;
   3. an individual should be discriminated against or receive adverse treatment solely or partly because of the individual’s race;
   4. members of one race cannot and should not attempt to treat others without respect to race;
   5. an individual’s moral standing or worth is necessarily determined by his or her race or sex;
   6. an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;
   7. an individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex;
   8. meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a members of a particular race to oppress members of another race;
   1. fault, blame, or bias should be assigned to a race or sex, or to members of a race or sex because of their race or sex.

POLICY #7

THE SCHOOL BOARD ELECTION DATE ACT

The School Board Election Date Act shifts school board election dates to the same day as the general election.

MODEL LEGISLATIVE TEXT

Section A

0. 1. 1. The date of a school district’s election for members of its board of education shall be held on the first Tuesday after the first Monday in November, simultaneously with the general election.
      2. The date of a school district’s election for members of its board of education shall be held on even-numbered years beginning in 2024.
      3. The term of every school board member elected in 2024 or thereafter shall be 4 years.[8]
      4. No school board election shall be held in 2023 or any other odd-numbered year. 
      5. Any school board member whose term expires in 2023 or any other odd-numbered year shall continue to serve until the election in the following even-numbered year.
1. The term of any board member serving a term as of January 1, 2023, may be lengthened in accordance with this section but shall not be shortened.
2. In an even-numbered year, the number of school board seats to be elected shall be equal to those with terms that would have expired in the previous odd-numbered year and those with terms expiring in such an even-numbered year.
   1. 6. Replacements of school board members who resign or die shall be according to existing statute law.

Section B

For the election of school board members, the names of all filed candidates shall be listed alphabetically with political party designation.[9]

Section C

If any provision of this chapter, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this chapter and the application of its provisions to any other person or circumstance shall not be affected thereby.

POLICY #8

THE LEGISLATIVE REVIEW ACT

The Legislative Review Act requires all existing academic standards, and all forthcoming revisions, adopted by the State Board of Education, to be submitted to the state legislature and the governor for review and possible veto.

MODEL LEGISLATIVE TEXT

Section A

All subject matter standards and revisions to the standards adopted by the State Board of Education shall be subject to legislative review as set forth in this section. The standards shall not be implemented by the State Board of Education until the legislative review process is completed as provided for in this section.

Section B

Upon adoption of any subject matter standards, the State Board of Education shall submit the adopted standards to the Speaker of the House of Representatives or a designee and the President Pro Tempore of the Senate or a designee prior to the last thirty (30) days of the legislative session.

Section C

By adoption of a joint resolution, the Legislature shall approve the standards, disapprove the standards in whole or in part, amend the standards in whole or in part or disapprove the standards in whole or in part with instructions to the State Board of Education, provided that such joint resolution becomes law. If the joint resolution is vetoed by the Governor and the veto has not been overridden, the standards shall be deemed approved. If the Legislature fails to adopt a joint resolution within thirty (30) legislative days following submission of the standards, the standards shall be deemed approved.

Section D

If the subject matter standards are disapproved in whole or are disapproved in whole with instructions as provided for in this section, the State Board of Education may adopt new standards and submit the new standards for legislative review pursuant to this section. The State Board of Education shall continue to implement current standards in place until the new standards have been reviewed by the Legislature and approved as provided for in this section. If the subject matter standards are amended, approved in part or are disapproved in part with instructions, the State Board of Education may revise the standards in accordance with the legislative changes and implement the standards.

Section E

Upon final approval of the standards, the standards shall be considered final agency rules. All standards approved and published as provided for in this subsection shall have the same force and effect of law as agency rules.

Section F

Unless otherwise provided by specific vote of the Legislature, joint resolutions introduced for purposes of approving, disapproving, amending or disapproving with instructions any subject matter standards shall not be subject to regular legislative cutoff dates, and shall be limited to such provisions as may be necessary for approving, disapproving, amending or disapproving with instructions any subject matter standards and any such other direction or mandate regarding the standards deemed necessary by the Legislature. The joint resolution shall contain no other provisions.

Section G

All existing subject matter standards must be submitted to the Legislature for review within one year of the passage into law of this bill.

Section H

If any provision of this chapter, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this chapter and the application of its provisions to any other person or circumstance shall not be affected thereby.

POLICY #9

THE SOCIAL STUDIES CURRICULUM ACT

The Social Studies Curriculum Act mandates K-12 instruction in Economics, State History, United States History, Civics, and Western Civilization.[10]

MODEL LEGISLATIVE TEXT

Section A

1. The governing body of any school district or public charter school shall require all students in grades 1-4 to take a program of instruction each year in social studies.
2. The instruction listed in subsection (1) shall include knowledge of the workings of the federal, state, and local levels of government.
3. The instruction listed in subsection (1) shall include the rights and responsibilities of citizens of our constitutional republic and of the State of [name].
4. The instruction listed in subsection (1) shall include knowledge of the history of the secular and religious ideals and institutions of liberty, including political, religious, economic, social, and cultural liberty, in Western Civilization, the United States of America, and the State of [name], which emphasizes the good, worthwhile, and best achievements of these ideals and institutions of liberty.
5. The instruction listed in subsection (1) shall include knowledge of exemplary figures in Western Civilization, the United States of America, and the State of [name] who have fought to secure liberty for their fellow men.
6. The instruction listed in subsection (1) shall include knowledge of the cultural heritage of Western Civilization, the United States of America, and the State of [name].
7. The instruction listed in subsection (1) shall include knowledge of the geography of the United States of America and the State of [name].
8. The instruction listed in subsection (1) shall include knowledge of the history and meaning of the American flag and the national anthem.

Section B

1. The governing body of any school district or public charter school shall require all students in grades 5-8 to take a program of instruction each year in social studies.
2. The instruction listed in subsection (1) shall include a one-semester civics education course; a one-semester course in United States history; a one-semester course in the history of Western Civilization; a one-semester course in [name of state] history to be taught in grade 8; and a one-semester course in economics, with emphasis on the free enterprise system and its benefits, to be taught in grade 8.
3. The instruction listed in subsection (1) shall include knowledge of the workings of the federal, state, and local levels of government.
4. The instruction listed in subsection (1) shall include the rights and responsibilities of citizens of our constitutional republic and of the State of [name].
5. The instruction listed in subsection (1) shall include knowledge of the history of the secular and religious ideals and institutions of liberty, including political, religious, economic, social, and cultural liberty, in Western Civilization, the United States of America, and the State of [name], which emphasizes the good, worthwhile, and best achievements of these ideals and institutions of liberty, and which uses writings from prominent figures in Western civilization, such as Aristotle, John Locke, and Thomas Jefferson.
6. The instruction listed in subsection (1) shall include knowledge of exemplary figures in Western Civilization, the United States of America, and the State of [name] who have fought to secure liberty for their fellow men, such as Epaminondas, Martin Luther, and George Washington.
7. The instruction listed in subsection (1) shall include knowledge of the cultural heritage of Western Civilization, the United States of America, and the State of [name], and which uses writings from prominent figures in Western civilization, such as Homer, William Shakespeare, and Benjamin Franklin.
8. The instruction listed in subsection (1) shall include knowledge of the history and meaning of the Declaration of Independence, the U.S. Constitution, the Emancipation Proclamation, the Gettysburg Address, and the constitution and laws of this state.

Section C

1. The governing body of any school district or public charter school shall require all students in grades 9-12 to take a program of instruction each year in social studies.
2. The instruction listed in subsection (1) shall include a one-year civics education course; a one-year course in United States history; and a one-year course in the history of Western Civilization.
3. The instruction listed in subsection (1) shall include knowledge of the workings of the federal, state, and local levels of government.
4. The instruction listed in subsection (1) shall include the rights and responsibilities of citizens of our constitutional republic and of the State of [name].
5. The instruction listed in subsection (1) shall include knowledge of the history of the secular and religious ideals and institutions of liberty, including political, religious, economic, social, and cultural liberty, in Western Civilization, the United States of America, and the State of [name], which emphasizes the good, worthwhile, and best achievements of these ideals and institutions of liberty, and which uses writings from prominent figures in Western civilization, such as Aristotle, John Locke, and Thomas Jefferson.
6. The instruction listed in subsection (1) shall include knowledge of exemplary figures in Western Civilization, the United States of America, and the State of [name] who have fought to secure liberty for their fellow men, such as Epaminondas, Martin Luther, and George Washington.
7. The instruction listed in subsection (1) shall include knowledge of the cultural heritage of Western Civilization, the United States of America, and the State of [name], and which uses writings from prominent figures in Western civilization, such as Homer, William Shakespeare, and Benjamin Franklin.
8. The instruction listed in subsection (1) shall include knowledge of the history and meaning of the Declaration of Independence, the U.S. Constitution, the Emancipation Proclamation, the Gettysburg Address, and the constitution and laws of this state.

Section D

The governing body of any school district or public charter school shall require all students who receive a high school diploma to have received a passing grade in grades 9-12 in a one-year civics education course; a one-year course in United States history; and a one-year course in the history of Western Civilization.

Section E

The College, Career, and Civic Life (C3) Framework may not be used, drawn upon, or in any way incorporated, by any administrator, faculty member, or other public employees, into any state standards, frameworks, training, curricula, lesson plans, or other material.

Section F

If any provision of this chapter, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this chapter and the application of its provisions to any other person or circumstance shall not be affected thereby.