Gov. Kay Ivey signed a bill March 20, which effectively bans diversity, equity and inclusion programs in schools, public colleges and other state agencies. Republican supporters of the bill say the bill is intended to prevent indoctrination or to force compliance with what it calls “divisive concepts,” but former local educators have said it may make some subjects difficult or impossible to teach.

The bill, sponsored by Sen. Will Barfoot (R-Montgomery) along with 25 other ALGOP senators, including Sen. Garlan Gudger (R-Cullman), lists eight prohibited “divisive concepts” which mirror the Stop WOKE Act championed by Florida Gov. Ron Desantis in 2022. The concepts include:

• That any race, color, religion, sex, ethnicity or national origin is inherently superior or inferior.

• That individuals should be discriminated against or adversely treated because of their race, color, religion, sex, ethnicity or national origin.

• That the moral character of an individual is determined by his or her race, color, religion, sex, ethnicity or national origin.

• That, by virtue of an individual’s race, color, religion, sex, ethnicity or national origin, the individual is inherently racist, sexist or oppressive, whether consciously or subconsciously.

• That individuals, by virtue of race, color, religion, sex, ethnicity or national origin, are inherently responsible for actions committed in the past by other members of the same race, color, religion, sex, ethnicity or national origin.

• That fault, blame, or bias should be assigned to members of a race, color, religion, sex, ethnicity or national origin, on the basis of race, color, religion, sex, ethnicity or national origin.

• That any individual should accept, acknowledge, affirm or assent to a sense of guilt, complicity, or a need to apologize on the basis of his or her race, color religion, sex, ethnicity or national origin.

• That meritocracy or traits such as a hard work ethic are racist or sexist.

An early amendment to the bill removed a ninth concept stating, “That slavery and racism are aligned with the founding principals of the United States.”

Florida’s bill drew national controversy when the Florida Department of Education revised its Social Studies Academic Standards in July to include instruction on “how slaves developed skills which, in some instances, could be applied for their personal benefit.” The U.S. Court of Appeals for the Eleventh Circuit upheld a preliminary injunction blocking the enforcement of the Stop WOKE Act earlier in March.

The law does not provide any legal penalties for non-compliance and instead leaves the decision to discipline or fire an employee up to local boards of education and college administrators. The legislature could, however withhold state funding from local school districts which choose not to discipline employees.

According to the most recent Cullman County Schools annual budget, the district received its largest portion of funding — $74.7 million — from the state. Chief School Financial Officer Suzy Beryman said 670 employees, including all of the district’s librarians and counselors, receive their salaries from state funding sources.

Former Cullman city councilman Ernest Hauk began his teaching career in 1978 and has nearly three decades of experience in local public schools. He said even if the results of Alabama’s law are not as extreme as they were in Florida, teachers may still show reluctancy to discuss some of history’s messier topics such as slavery or the Civil Rights Movement.

“I’m afraid that they won’t be able to [teach] simply because they won’t feel comfortable. There are probably some older teachers like me that will just say, ‘… I’m going to teach what I know to be correct, but a lot of these younger folks are going to be afraid to do that,” Hauk said.

Former history professor and genealogy researcher with Wallace State Community College, Robert Davis, has become familiar with “divisive concepts during his career. While at WSCC, he assisted researchers with nationally syndicated television series such as “Who Do You Think You Are?,” “Finding Your Roots” and the Hulu docuseries, “The 1619 Project.”

Each semester he said he would begin by telling his students they were likely to “hear some things in this class that conflict with what you have heard or believe, that is the nature of education and college.” He said he felt anti-DEI legislation was much more about garnering political favor than it was about protecting education.

“DEI is not about education, students or truth, but about politicians, preying on fear and hate. You see people throwing around leftist, liberal, toleration and woke, as if they did not apply to the teachings of Jesus or the United States Bill of Rights. It is hate-politics, not knowledge or justice, and to what end? To get corrupt politicians elected or reelected by blind passion? What does it say about Alabama,” Davis said.

He also said that even with the bill’s list of “divisive concepts,” that it can be confusing for educators what some students may find to be offensive. That’s a problem which he said is evident among progressives and conservatives, alike.

“This problem is common with the left and the right. I have known parents who object to the “Wizard of Oz” because there is a line where the Wizard tells the Tin Man that he does not need a heart until they are unbreakable. Mark Twain’s “Huckelberry Finn” is denounced because it uses (a derogatory) word. In my classes, I pointed that out Twain used (that word) because he wanted the reader to be shocked and appalled. College level teaching should be about thinking,” Davis said.

Hauk said discussions on touchy subjects were less common at the intermediate and elementary levels, but said it would be a shame to lose the few occasional moments which do present themselves saying that they had made for some of his best teaching moments.

“It depends on how the teacher chooses to deal with it. That is one thing this bill is going to do. It is going to take away a lot of good, valuable teaching tools where children have the opportunity to hear and discuss both sides of a particular issue,” Hauk said.

Patrick Camp can be reached at 256-734-2131 ext. 238