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Report: Surge of Intrusive Legislation to Intimidate Teachers, Drive Self-Censorship in Schools

Pen America: “A wave of state legislation sweeping the nation is creating the conditions to intimidate educators into self-censorship in schools, according to a new PEN America report released today. Educational Intimidation: How ‘Parental Rights’ Legislation Undermines the Freedom to Learn examines the rise of what PEN America has dubbed “educational intimidation bills,” a category of legislation that has the effect of prompting self-censorship in schools through indirect mechanisms, rather than direct edicts. Under the guise of advancing “parental rights,” nearly 400 of these bills have been introduced that risk empowering ideologues to intervene in the curricular and extracurricular decisions of teachers, librarians, and school administrators, overriding the judgment of educators and the views of the majority. These intimidation bills are distinct from “educational gag orders,” a class of bills previously documented by PEN America that directly ban what can be taught in classrooms, targeting discussions of race, racism, gender, aspects of American history and other “prohibited” or “divisive” concepts. Intimidation bills compound the crisis in public education, casting a chilling effect through new tools that radically expand the avenues for lone parents, government officials, and citizens to monitor and exert control over pedagogical decisions. “This rising tide of educational intimidation exposes the movement that cloaks itself in the language of ‘parental rights’ for what it really is: a smoke screen for efforts to suppress teaching and learning and hijack public education in America,” said Jonathan Friedman, director of Free Expression and Education programs at PEN America. “The opportunity for parents to inspect and object to school curricula is already commonly granted in public school systems, as it should be. But this spate of provisions dramatically expands these powers in ways that are designed to spur schools and educators to self-censor. These bills risk turning every classroom into an ideological battleground, forcing teachers out of the profession, and jeopardizing the future of millions of students.” In its Index of Educational Intimidation Bills that accompanies the report, PEN America has identified 392 educational intimidation bills introduced in state legislatures between January 2021 and June 2023, 39 of which have passed into law in 19 states. The organization catalogs 12 types of educational intimidation provisions…”

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