In two legislative bills, House Democrats apparently aim this week to provide solutions to the country’s racial tensions. This is a lofty sentiment, especially since the federal government rarely ever “fixes” a problem. Rather, it usually adds to the problem through the growth of red tape and laws.
 
First up is H.R. 2639 or the Strength in Diversity Act. This legislation incentivizes school districts to continue developing, implementing, and expanding school diversity initiatives through a series of grant programs at the Department of Education. To do so, the legislation:

• “Establishes a grant program that provides federal funding to support voluntary local efforts to increase diversity in schools. Grants could fund a range of proposals, including (but not limited to):
• Studying segregation, evaluating current policies, and developing evidence-based plans to address socioeconomic and racial isolation.
• Establishing public school choice zones, revising school boundaries, or expanding equitable access to transportation for students. Creating or expanding innovative school programs that can attract students from outside the local area.
• Recruiting, hiring, and training new teachers to support specialized schools.
  • Supports the development and maintenance of best practices for grantees and experts in the field of school diversity.
  • Grant funding would be available to school districts, independently or in collaboration with neighboring districts, as well as regional educational authorities and educational service agencies.”

The second piece of legislation is H.R. 2574 or the Equity and Inclusion Enforcement Act. This bill creates a private right of action for students and parents to bring disparate impact claims under Title IV of the Civil Rights Act to ensure federally funded programs, like schools, provide all students an equal opportunity to receive a quality education. It also:

• “Creates Title VI monitors to ensure that every school district and institution of higher education has at least one employee to specifically be responsible for investigating any complaints of discrimination based on race, color, or national origin.
• Creates an Assistant Secretary in the Department of Education to coordinate and promote Title VI enforcement in education.”

These bills are well-intentioned and seek to affirm Brown v. Board of Education, the landmark Supreme Court Case that ruled segregation in public schools was unconstitutional. However, as House Committee on Education and Labor Republican Leader Virginia Foxx (R-NC) said at the Committee Markup of both H.R. 2639 and H.R. 2574:

“Access to opportunities, freedom to climb—these are the aspects of a student’s education that must be equal for all children nationwide. No one-size-fits-all structure can deliver on all of those essentials. Separate was never equal, but equality simply cannot mean uniformity. Equality is affirming that all children are fundamentally the same in dignity, importance, and worth, but also understanding that not all children’s needs are the same.

Our Democrat colleagues’ good intentions have resulted in shortsighted legislation. H.R. 2574, the Equity and Inclusion Enforcement Act, and H.R. 2639, the Strength in Diversity Act, make more political points than principled building upon past bipartisan, bicameral solutions. If we really want to work toward integration and equality, principles we all agree are critical to our children’s success, then amended legislation focusing on greater fairness for all students is required.”

Foxx goes on to say, “As written, the bills promise new federal spending, which experienced members of this body know full well usually fails to materialize, resulting in more broken promises and frustration for educators, administrators, students, and families.” According to a Congressional Budget Office report from 2019, the Strength in Diversity Act alone will cost American taxpayers close to $90 million. Increased federal spending on both existing and new programs seldom results in long-term solutions. Further, these federal mandates for diversity training might be duplicative of local standards and an unnecessary distraction from the teaching of academics, which equally benefits all students. For these reasons, please join us in asking your Representative to vote NO on both H.R. 2639 and H.R. 2574.