THE LAW DAWG – UNLEASHED
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Teaching vs. inculcation: what’s the difference?
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by Jim Walsh
he passage of SB 3 in the second special session should ease the minds of history teachers and principals. The earlier version of this bill, HB 3979, was so ambiguous and vague that it left teachers fearful that they would get in trouble for even mentioning some of the darker moments in American history. SB 3 goes a long way toward correcting that.
lab. “Inculcation” was much more about what I should believe. It was about values. My teachers inculcated in me the idea that America was the world’s Good Guy. They inculcated the idea that democracy was the best form of government, that the Communists were the world’s Bad Guys, that America was exceptional, particularly and uniquely blessed by God.
I say this largely because of a word I don’t think I’ve ever seen in a statute: “inculcation.” SB 3 identifies eight “concepts” that teachers are not to “inculcate” in their students. Here is the exact language of Texas Education Code 28.0022(a)(4):
As I became older and more mature, my teachers introduced me to ideas and beliefs that were different from what was inculcated. To inform students that there are different ways of seeing things, that historians disagree about the significance of past events, to let students come to their own conclusions about these things … I would call that teaching. I would call that helping students develop critical thinking skills.
A teacher, administrator, or other employee of a state agency, school district, or open-enrollment charter school may not: (A) require or make part of a course inculcation in the concept that: It then lists the Eight Forbidden Concepts. For example, we don’t want teachers to “inculcate” in their students the idea that a person’s moral character is determined by their race or sex. Or the idea that today’s students should feel responsible or guilty over things that their ancestors did. “Inculcate” is defined as “to teach and impress by frequent repetition or admonitions.” So teachers are not to do that with any of these concepts. But they can talk about things. They can say, “some historians believe …” They can cite sources that do promote those ideas, so long as they avoid “frequent repetition or admonitions” designed to make sure that their students agree with any of these “concepts.” In short, they can teach, as long as they don’t seek to inculcate. As I reflect on my own education, I can see the difference between “teaching” and “inculcation.” They taught me to read. They taught me to multiply fractions, diagram a sentence, compose a poem, shoot a free throw, conduct an experiment in the science
Principals are likely to get complaints from parents about things that teachers say or do in the classroom. All such complaints need to be addressed. But, unless there is evidence of a teacher really pushing the notion that students should believe certain things, there is no “inculcation.” One more example: The new law says that teachers may not “require an understanding of the 1619 Project.” That doesn’t say the teachers can’t talk about this New York Times project, or outline its basic assertions. Nor does it prohibit a teacher from giving students credit for reading the material and making a report on it. The teacher should probably refrain from making this a required assignment, or testing students on the content, because that would mean that the students were required to understand it, which is what SB 3 prohibits. The 1619 Project presents an interesting and provocative view of the history of slavery and the role of racism in America’s development. To let students know about this project and the point of view it presents is teaching. It’s not inculcation. Let’s support our teachers as they teach.
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68 Years and Counting
JIM WALSH is an attorney with Walsh Gallegos Treviño Russo & Kyle PC. He can be reached at jwalsh@wabsa.com. You can also follow him on Twitter: @jwalshtxlawdawg. Texas School Business NOVEMBER / DECEMBER 2021
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