‘Anti-Racism Act’ Fails In Final Moments Of 2022 West Virginia Legislative Session

Originally Published on West Virginia Public Broadcasting

It looked like the most controversial bill of the 2022 West Virginia Legislative session had just squeaked by in time, just before midnight and adjournment sine die on Saturday. But within the next hour, it was confirmed by the Senate Communications Director that Senate Bill 498 had not passed the upper chamber in time.

Senate Bill 498 was named the Anti-Racism Act of 2022 but was widely seen by opponents as a response to concerns about critical race theory. Referred to as CRT, Education Week describes it as “a theory that racism is not merely the product of individual bias or prejudice, but also something embedded in legal systems and policies.”

Supporters said it will protect students and ensure that no educator in West Virginia is teaching that one race is “inherently racist, sexist or oppressive” or that people should be discriminated against or “receive adverse treatment” because of their race.

Earlier in the legislative process, state education officials testified before lawmakers that they have had no instances of such lessons being taught in West Virginia.

A similar bill in the House of Delegates, House Bill 4011, failed to get out of committee following an emotional public hearing.

Sen. Owens Brown, D-Ohio, spoke against Senate Bill 498 on March 2, before it passed the Senate. Brown is a former president of the West Virginia NAACP and the only Black lawmaker in the state Senate.

“In 2020, after George Floyd was killed, I noticed people across the country coming together, white Americans, Black Americans, Asian, hispanics, arm-and-arm marching together protesting the inhumanity that had happened,” Brown said. “But then all of a sudden I see critical race theory being thrown out there and a debate again trying to divide people.”

“And this is what is happening,” he continued. “CRT was dormant. And it's been told to you over and over again, that it wasn't taught in the public schools. But here we are still trying to say it's been inserted into public schools for political purposes and for political gain. And that is not right.”

Brown asked Senate Education Chair Patricia Rucker, R-Jefferson, who is also the lead sponsor of Senate Bill 498, for instances in West Virginia schools where she knew this theory was being taught. Rucker said she could not provide specific instances.

Opponents say the bill would limit thoughtful discussions about race, systemic racism and implicit bias in West Virginia K-12 schools and higher education institutions. Opponents have said such a law would create a “chilling effect” in the classroom, prohibiting teachers from teaching history accurately…