Election 2022

As Americans go to the polls for the 2022 Midterm Elections on Tuesday, November 8 (and earlier through mail-in ballots), an important issue on the minds of voters, after the economy, of course, is education. There has been controversy recently regarding race, gender, and pedagogy. Most education policy is set in the over 13,000 school districts across the country. School boards and state-run education policy makers are divided between the Democrat and Republican philosophy. Simplifying it, Democrats believe in giving all students the same access to a standardized, but equitable, education model while Republicans believe in localized, or individualized, models.

Key Laws That Affect Education

• The 14^th Amendment guarantees the right of Equal Protection in public education (and across society).
• IDEA (Individuals with Disabilities Education Act) requires public schools to provide appropriate education to all students with disabilities.
• FERPA (Family Education Rights and Privacy Act) protects the privacy of student education records.
• Title IX of the Education Amendments (1972) prohibits sex discrimination in any education program receiving federal financial assistance.

In this year’s midterm elections, there are several critical issues on the ballot in various states that will influence how we move forward with education for all school-age children, including twice exceptional students. In a poll conducted this year by the National Parents Union, a coalition of K-12 advocates, thirty-eight percent of parents surveyed said they would only vote for a candidate who shared their views on education. Here is a rough guide of important education issues on the table this year: Critical Race Theory Critical Race Theory is a method of analyzing history and current society through the lens of racial discrimination. CRT has been cited as communities assess reforms to policing, housing, social services, and education. Sixteen states have passed laws banning or restricting the use of Critical Race Theory in public schools with more set to follow, although most teachers report not using CRT in the classroom. Student Rights Throughout the country, hundreds of bills have been proposed that would limit rights for students who identify as gender non-conforming, regulating or restricting their participation in women’s sports or forbidding them from using gender-affirming bathrooms. However, the Equality Act, currently in the Senate, would prohibit discrimination based on sexual orientation and gender identity. School Choice Many parents want more control over their children’s education because they are distrustful of the curriculum. Over forty states provide vouchers or tax credits to parents who opt out of public schools in favor of alternative, private, or homeschooling options with the rest set to follow this year, highlighting the need for a serious education reform. School Safety Most candidates for public office advocate for school safety with plans that include everything from arming teachers to providing more mental health resources. More than half the states require schools to implement safety protocols for school shootings or lockdowns and to crack down on cyber bullying. This issue is a classic confrontation between conflicting rights; the Constitutional right to own guns and have free speech versus the moral right to be safe. The California Constitution codifies the later by making it an inalienable right that all students attend schools that are “safe, secure, and peaceful.” You can find out more about the education issues in your district by studying the election guidebook and clicking onto your state’s election website. A careful review of local school board members will reveal their positions on these issues. Every candidate for higher office, including governors and senators, will also state their positions on their websites.