Freedom from Indoctrination Act

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Summary

The Freedom from Indoctrination Act accomplishes three goals for public institutions of higher education:
  1. Requires that no student can be required to take a DEI/CRT course as part of their mandatory studies. Students may elect to enroll in these courses, but they must be provided adequate alternatives if they choose not to.
  2. Requires all students to receive instruction in basic American institutions like the Constitution, Declaration of Independence, and Federalist Papers.
  3. Requires that freshman orientation materials affirm a student’s free speech rights. Incoming freshman also cannot be required to participate in DEI/CRT activities during orientation.

Freedom from Indoctrination Act

Section 1. Definitions

(A) “Constrain” means failure during any semester to provide sufficient open seats in alternative courses for a student to complete or progress toward completion of a degree or program requirement.

(B) “DEI-CRT” means diversity, equity, inclusion, and critical race theory.

(C) “DEI-CRT related course” means any course whose course description, course overview, course objectives, proposed student learning outcomes, written examinations, or written or oral assignments for which the student will receive a grade, include DEI-CRT related content.

(D) “DEI-CRT related content” means:

(a) Content teaching that:

(i) People of one age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion or national origin, are inherently superior or inferior to people of another age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion or national origin;

(ii) An individual should be discriminated against or receive adverse treatment solely or partly because of the individual’s age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion or national origin; or

(iii) People of one age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion or national origin cannot and should not attempt to treat others equally and without regard to age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion or national origin.

(b) Content that otherwise violates Title IV or Title VI of the Civil Rights Act of 1964 (P.L. 88-352, 78 Stat. 241).

(c) Nothing in this definition shall be construed to prohibit the discussion of ideas and history of the concepts described in section 1.D.a., nor shall it be construed to prohibit the discussion of public policy issues or ideas that individuals may find unwelcome, disagreeable, or offensive.

(E) “DEI-CRT practices”:

(a) Include any requirement or guidance that a course instructor include or curate materials on the basis of the race, sex, or gender identity of an author or authors.

(b) Include participating in any workshop, training, seminar, or professional development on any DEI-CRT related content.

(c) Do not include any programming explicitly required by, and limited to, the institution of higher education’s obligations to comply with Title IX of the Education Amendments of 1972, as amended, the Americans with Disabilities Act, as amended, the Age Discrimination in Employment Act, as amended, Title VI of the Civil Rights Act of 1964, or applicable court order.

Section 2. Prohibition of Mandatory DEI/CRT Course Requirements

(A) The governing board of each public institution of higher education shall establish curricula and designate courses in a manner that does not require or constrain students to enroll in a DEI-CRT related course in order to satisfy the requirements of any academic degree program, including general education, major, minor, or certificate requirements, except as provided in section 2.C.

(B) A public institution of higher education, or any employee, appointee, or committee acting on behalf thereof may not require, solicit, or incentivize faculty to apply or participate in DEI-CRT practices or include DEI-CRT related content in any course as a condition of approval, designation, or listing as part of any academic degree program, including general education, major, minor, or certificate requirements, or as a condition of consideration in any faculty member’s performance assessment, promotion, tenure, salary adjustment, or any other incentive, except as provided in section 2.C.

(C) Academic degree program requirements of any major, minor, certificate, or department whose title clearly establishes its course of study as primarily focused on racial, ethnic, or gender studies may be exempted in writing by the governing board from the prohibitions of sections 2.A. and 2.B. if students are not required or constrained to enroll in any such program, department or course in order to satisfy the requirements of any other academic degree program, including general education requirements, or any other major, minor, or certificate requirements.

(D) Nothing in this section shall be construed to limit the academic freedom of any individual university or community college faculty to direct the instruction within his or her own class, nor limit the free discussion of ideas in a classroom setting.

Section 3. Basic Instruction in American Institutions

(A) Beginning [July 1, 2027], the governing board of each public institution of higher education shall establish a general education requirement for all students that includes the study of American institutions as described in section 3.C.

(B) A course shall satisfy the general education requirement described in section 3.A. if it includes:

(a) An understanding and appreciation of the basic principles of American constitutional democracy and how they are applied under a republican form of government, including:

(i) The United States Constitution and major American constitutional debates and developments;

(ii) A limited federal government of enumerated powers;

(iii) A federal system that respects the dual sovereignty of the States;

(iv) The separation of powers;

(v) A network of checks and balances;

(vi) Equal protection under the law;

(vii) Freedom of speech; and

(viii) Landmark United States Supreme Court cases that have shaped law and society;

(b) Significant use of the nation’s essential founding documents and other primary source materials, including, at a minimum, the Constitution, the Declaration of Independence, and the Federalist Papers, and how they have shaped the nature and functions of American institutions of self-governance; and

(c) A comparative discussion of the impacts of political ideologies of communism and totalitarianism that conflict with the principles of freedom and democracy that are essential to the founding principles of the United States.

(C) A two-course sequence on the United States Constitution may also satisfy the general education requirement described in section 3.A., provided that the courses together meet the content requirement prescribed in section 3.B.

Section 4. Freshman Orientation Materials.

(A) Freshman orientation programs at each public institution of higher education shall include:

(b) A section describing to all students the policies and regulations regarding free speech and expression; and

(c) Programming that, at a minimum, includes:

(i) The text of the First Amendment of the United States Constitution;

(ii) Resources discussing the principles and importance of free speech and viewpoint diversity; and

(iii) Historical examples demonstrating the necessity of protecting unpopular speech in the United States and other nations.

(B) Freshman orientation programs at each public institution of higher education may offer programming related to DEI-CRT related content, as defined in section 1, only during orientation sessions in which students are offered a selection of sessions to choose from. No student may be required to attend a freshman orientation session that offers programming related to DEI-CRT related content.

(C) Each public institution of higher education shall make available on its website, to the maximum extent allowed by law, a copy of or link to any audio or video materials, printed materials, or presentation slides distributed to or presented to students as part of freshman orientation programming. Such materials or presentation slides shall remain on the institution’s website for the duration of the academic year.