Ranking Member Scott Votes “NO” on Extreme Bill to Roll Back Students’ Rights and Undermine Quality Education

09.19.24

Ranking Member Scott Votes "NO" on Extreme Bill to Roll Back Students' Rights and Undermine Quality Education

"H.R. 3724 represents a solution in search of a problem."

WASHINGTON - Today, Ranking Member Robert C. "Bobby Scott" delivered the following floor remarks in opposition to House Republicans' H.R. 3724. This extreme Republican messaging bill that combines two measures and serves as a thinly veiled attack on diversity and academic freedom in college curricula.

Watch Ranking Member Scott's floor remarks on YouTube.

"Thank you, Mr. Speaker. Mr. Speaker, I yield myself such time as I may consume.

"I rise to oppose H.R. 3724, what my Republican colleagues call the "End Woke Higher Education Act."

"H.R. 3724 attempts to circumvent the First Amendment to establish a whole new scheme to regulate speech and association rights on campus outside of established precedents and practices.

"The First Amendment protects some of our most deeply cherished rights as Americans. Any student currently who believes their First Amendment rights are being violated can bring a federal case against their public college or university. In doing so, they have over 200 years of precedent and case law that carefully define and determine what those rights are under the First Amendment. That includes precedents that specifically address the unique nature of colleges and universities as public entities that both must uphold constitutional rights and provide students with safe learning environments.

"But with this bill today, the Majority would have us throw those centuries of case law and replace it with a hastily drafted substitute that claims to "remove barriers that limit Constitutional rights."

"What the bill actually does is make public colleges and universities, who could be acting in good faith attempting to protect the safety and security of everyone present on their campus, subject to monetary judgments and possible loss of Title IV aid, counter to Supreme Court precedent. In so doing, my colleagues, who purport to favor limited government, are micromanaging how colleges and institutions must handle their internal governance processes.

"Another one of the harmful and misguided policies contained in this bill creates a license for religious student organizations at public institutions to discriminate against LGBTQ+ and other students by allowing these organizations to avoid nondiscrimination requirements that apply to all other student clubs funded by student activity fees. Student groups are an essential part of the college experience. But if this bill became law, minority students would be forced to subsidize student groups that discriminate against them.

"In addition to micromanaging how college campuses dispute First Amendment cases, this bill would undermine the legitimacy of the college accreditation process. For decades, federally-recognized accreditors have served as one-third of the oversight triad for the U.S. higher education system - along with states and the federal government.

"Accreditation is meant to be the gold standard for college quality and performance. After all, accreditation is the gateway to billions of dollars of federal student aid each year. And I recognize that the accreditation system needs improvement. Unfortunately, H.R. 3724, does not make constructive reforms. Rather, it is a baseless attempt to inject culture wars into the ever-important accreditation process.

"For example, the 'Prohibition on Litmus Tests' invites additional federal oversight into the accreditation process. Under this bill, accreditors may not assess a school's commitment to any 'ideology, belief, or viewpoint.' The Majority claims this will prevent a school from losing accreditation if they do not have a diversity, equity, and inclusion office. The reality is that there is no evidence that that's happening. There are, conversely, several examples of state officials pressuring schools not to teach certain classes or whole subjects that they believe cross the line between academic pursuit and ideological beliefs. That is why the bill is so dangerous.

"For example, under this bill, the Department of Education could potentially revoke an accreditor's recognition if that accreditor required science programs to teach evolution. If the accreditor said, "If it's science, you have to teach evolution," the Department could potentially revoke the accreditation. That would suggest that such standards were attempts to force a university to commit to a "specific partisan, political or ideological viewpoint or belief." Well, I think there's a fundamental basis of science that the accreditors ought to have the option of requiring if you're going to teach a science course.

"H.R. 3724represents a solution in search of a problem. It fundamentally seeks to undermine students' First Amendment rights, their right to join a student organization free of discrimination, and our accreditation system.

"So, I oppose the bill and reserve the balance of my time."

Read a fact sheet on H.R. 3724 here.

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