School Board Attorney drafts resolution to avoid CRT

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  • Osceola County School Board Attorney Frank Kruppenbacher PHOTO/SCHOOL BOARD
    Osceola County School Board Attorney Frank Kruppenbacher PHOTO/SCHOOL BOARD
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After presenting his findings to the Osceola County School Board in October regarding Critical Race Theory, Board Attorney Frank Kruppenbacher presented the early workings of a resolution to ban those teachings in county schools.

That ban would mimic the same state-level ban. Last summer, Gov. Ron DeSantis led a push to have the Department of Education ban the controversial teachings that examine how racism impacted the country’s founding and formative years.

At their core, Kruppenbacher has shared in his findings, it teaches that racism is imbedded in society in order to preserve supremacy of one race over another. During the “Hear the Audience” section of multiple School Board meetings, parents have spoken very pointedly against it, even bringing examples they’ve seen in their children’s lessons.

At last week’s Board meeting, Kruppenbacher said he’d contacted U.S. Department of Education — a waste of time.

“My conclusion is they actually endorse and embrace (CRT). They were of no guidance or use, other than to be more educated to see red flags,” he said.

The next step was to write a letter to general counsel of the Florida Department of Education. He attached about 60 pages of documents supplied by parents.

“Virtually 99 percent of this issue is looking at the context of how material is taught,” the attorney said. “Talking about racism doesn’t violate the issue. It’s how you talk about it that would violate it.”

He noted that approved teaching may not distort historical facts. Examples that would violate state statutes: the denial or minimalization of the Holocaust, or “the teaching that racism is not the product of prejudice, but it is embedded in society and its legal systems in order to uphold the supremacy of white persons.”

A resolution, that Kruppenbacher noted he shared with Dr. Pace, includes those benchmarks for teachers. As an example, one would clearly state no teacher can share their personal views, or “attempt to indoctrinate or persuade students to a particular point of view inconsistent with the benchmarks of student standards.” At the district level, no teacher would be trained to violate the state statute. Reports of violations would be investigated within 10 days and reviewed by general counsel.

“We’re trying to establish that we’re saying to the community we’re going to do everything we can about this, with a definitive investigation within a short period of time coupled with a written report for transparency back to the board,” Kruppenbacher said. “We want to educate employees that they’ve got to adhere to this, and we’ll be aggressive with dealing with every report we get.”

When he reached out to other county boards on the matter, he said they had little to no answers on the subject matter, so his resolution is an untested draft. Accordingly, Board Chair Terry Castillo said she wanted to digest it before it comes to a vote.

“I have concerns with the resolution as written,” she said, calling parts of it vague. “I understand statute is quoted. But what happens when we find an employee who violates this? I’m concerned with putting this out in front of our teachers.”

Kruppenbacher replied it’s about “educating the educators.”

“If they violate this, and a parent files a complaint with the state, their (teaching) certificate is at risk,” he said. “This is to protect our employees, that they know what the rules are.

“The goal tonight is to get this going, and that the public knows you’re on top of this.”

Board member Jon Arguello, who has maintained for months CRT teaching had occurred in county schools, and referred to his asking for much the same resolution in October.

“It’s clear to me we have violated the (state) law on multiple occasions,” he said.

The School Board is scheduled to meet next on Feb. 1.