HOUSE BILL 91

55th legislature - STATE OF NEW MEXICO - second session, 2022

INTRODUCED BY

Rebecca Dow and Luis M. Terrazas and James G. Townsend and Candy Spence Ezzell and Randall T. Pettigrew

AN ACT

RELATING TO PUBLIC EDUCATION; PROHIBITING THE TEACHING OF CRITICAL RACE THEORY IN PUBLIC SCHOOLS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 22, Article 13 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] PROHIBITION ON TEACHING CRITICAL RACE THEORY IN SCHOOLS.--

          A. The department shall not allow a course in critical race theory to be taught in public schools.

          B. For the purpose of this section, "critical race theory" means any theory or ideology that:

                (1) espouses the view that one race is inherently racist, sexist or intentionally or inadvertently oppressive;

                (2) espouses the view that one race is inherently responsible for the intentional or inadvertent oppression of another race;

                (3) espouses the view that one race or gender is superior to another race or gender;

                (4) espouses the view that a person should be discriminated against because of the race or gender attributed to that person or be treated differently based on that classification;

                (5) espouses the view that a person's moral character is determined by the race or gender attributed to that person;

                (6) espouses the view that the race or gender attributed to a person makes that person responsible for past transgressions of that race or gender;

                (7) creates a feeling or feelings of discomfort, guilt, anguish or any other form of psychological, physical or any other kind of distress in a person on account of the race or gender attributed to that person;

                (8) espouses the view that work ethic or devotion to duty and obligations is inherently racist or sexist;

                (9) derives or otherwise traces its origins or influences from, or pertinently overlaps with, the critical theory social philosophy; and

                (10) teaches or promotes the idea that social problems are created by racist or patriarchal societal structures and systems."

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