Virginia Senate Committee Kills Youngkin Education Bill

Virginia General Assembly

Introduction

Glenn Youngkin, Virginia’s Governor for only a few weeks, has attempted to make education reform a top priority, but the Democrat controlled Virginia Senate is united in opposition.  On Thursday, February 3, a Senate Committee killed a key Youngkin proposal relating to Critical Race Theory.

Youngkin was elected in November 2021 after an education-focused campaign.  At the same time, control of the Virginia House of Delegates flipped from 55-45 Democrat control to 52-48 Republican control.  Democrats, however, maintained a slim majority (21-19) in the state Senate.  In Virginia’s electoral system, no voting for the Senate occurred in 2021; Senate seats will be contested in 2023.

The Youngkin administration can still attempt to implement some education reforms administratively, and can propose other legislative measures, but it seems that significant legislative hurdles will inhibit major legislative initiatives until after the 2023 elections.

Youngkin’s Legislative Proposal

Critical Race Theory

A key issue in the gubernatorial campaign was whether divisive concepts, such as the tenets of Critical Race Theory, were being taught to students in Virginia’s public schools.  Youngkin claimed they were; his opponent (and most of the media) categorically denied the claim.

Critical Race Theory is addressed in Virginia Senate Bill 570, introduced on January 12.  The bill is short and focused.

Senate Bill 570 requires each public school principal to eliminate “inherently divisive concepts” from the school’s curriculum.  The term “inherently divisive concept” is carefully defined to mean:

• (i) that one race, sex or faith is inherently superior to another;
• (ii) that an individual, by virtue of his or her race, sex or faith, is inherently racist, sexist or oppressive, whether consciously or unconsciously;
• (iii) that an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race, sex or faith;
• (iv) that members of one race, sex or faith should not be color-blind, sex-blind or faith-blind in treating others;
• (v) that a person’s moral character is inherently determined by his or her race, sex or faith;
• (vi) that an individual, by virtue of his or her race, sex or faith bears responsibility for actions in the past by other members of the same race, sex or faith; and
• (vii) that meritocracy, or traits such as hard work ethic, are racist or sexist or were created to oppress others.

The 15-member Senate Education and Health Committee rejected the bill on February 3, 2022, on a party-line vote, with all nine Democrat Senators voting not to advance it.

Discussion

Senate Bill 570 is narrowly focused on key tenets of Critical Race Theory (“CRT”).

As outlined in prior posts on this site, CRT is an “identity”-based view of the world.  See “What Is Critical Race Theory,” Dec. 17, 2021; “Who Is Ibram X. Kendi,” Dec. 19, 2021.  CRT alleges, among other things, that the white majority in the United States, is inherently racist, and that even when whites strive to be fair and open-minded, they are always, or almost always, subconsciously racist.  CRT advocates like Ibram X. Kendi contend that color-blind policies are actually racist policies because they tend to perpetuate the status-quo, in which blacks fare more poorly than whites in jobs, incomes, home ownership, etc.  They argue, therefore, that public policy should discriminate against whites and in favor of blacks in order to establish “equity,” i.e., equality of outcomes.  And, they argue that Western Civilization values, such as meritocracy and hard-work-reward systems, are racist.

Senate Bill 570 is aimed directly at these CRT concepts.

If it is true that CRT’s controversial and divisive concepts are not being taught in Virginia schools, one must wonder why certain politicians are adamantly opposed to legislation prohibiting them from being taught.  

Legislators sometimes vote against a bill because it is too broad, encompassing extraneous, objectionable provisions.  Legislators also can justify a negative vote on the ground that a bill is vague and indefinite in its coverage.  Neither objection can plausibly be made to Senate Bill 570.

The bill is written as narrowly as possible.  Its requirements are in a single sentence — school principals must take steps to prohibit “inherently divisive concepts” from being taught.  And the term “inherently divisive concepts” is defined with particularity, as outlined above.

Given the clarity and narrow focus of Senate Bill 570, legislators who voted against it must have done so because they object to its substance.  In other words, these legislators believe it is okay to teach CRT to Virginia youth.

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