INVITATION ACCEPTED: CHALLENGING ANTI-EDUCATION LAWS AT THE INTERSECTION OF CRITICAL RACE THEORY, ACADEMIC FREEDOM, AND LABOR RIGHTS

[...]this article discusses strategies that advocates may use to insulate educators from the worst effects of laws prohibiting instruction on systemic racism and implicit bias, nominally called Critical Race Theory ("CRT"). "19 Before enacting the law proscribing CRT, the state's Board of Education promulgated rules that went further than merely prohibiting CRT in K-12 curricula.20 Under the rules promulgated by Florida's Board of Education, educators are prohibited from teaching that the United States was founded on principles other than those stated in the Declaration of Independence.21 Adding to the prohibition of instructing students on the attributes of systemic racism, the new law imposes penalties on educators when classroom discussions depart from the Board of Education's singular historical perspective regarding race and American history.22 To that end, failure to comply with the limitations on curricula in Florida public schools could result in the revocation of the educator's license or discharge of employment.23 Under Florida law, the Florida Education Practices Commission ("EPC") adjudicates charges prosecuted by the EPC Commissioner for failing to comply with the Florida Code of Conduct.24 The Commissioner of the EPC is empowered to investigate charges from anyone alleging educator misconduct under the Code.25 Not only may members of the public submit complaints against educators for allegedly violating the Code, but educators are also duty-bound to report violations.26 The Code of Conduct states that an educator may receive a penalty ranging from a reprimand to permanent revocation of license for "unreasonably deny[ing] a student access to diverse points of view. "29 At bottom, adverse actions against an educator's license require the EPC Commissioner to prove the educator violated the Florida Code of Conduct by clear and convincing evidence.30 In addition to sanctioning an educator's license by the EPC, local school boards may impose discipline on educators using a lower quantum of proof through the preponderance of the evidence standard.31 Because each local school board in Florida must "incorporate the Next Generation Sunshine State Standards as appropriate for subject areas contained . . . " in the school curriculum, educators must adhere to the amended rule proscribing topics concerning structural or systemic racism and implicit bias.32 Failing to comply with the promulgated rule in Florida could lead to an adverse employment action for