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Senate Bill 100 Seeks To Reinstate Divisive-Concepts Prohibition with Intent Standard; Legal Challenge Expected
Summary
Senate Bill 100 would require proof that an educator "intentionally or knowingly" taught one of the statute's prohibited "divisive concepts," a change proponents say addresses a federal court ruling that struck down the prior law as vague.
Senate Bill 100, introduced by Sen. Tim Lang, would amend the existing prohibition on teaching "divisive concepts" in public education by adding a scienter requirement: that a teacher must have "intentionally or knowingly" taught proscribed concepts. Sen. Lang told the House Education Policy and Administration Committee the change is aimed at remedying a federal court ruling that found the prior law constitutionally vague.
"This bill seeks to correct the constitutional vagueness that was in that law," Lang said, describing the amendment as a narrow fix that would require proof that an educator knowingly and intentionally taught disallowed material.
Ian Hewit…
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