MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Education

By: Representative Sanford (By Request)

House Bill 1356

AN ACT TO ENACT THE "MISSISSIPPI FOUNDING PRINCIPLES ACT"; TO REQUIRE THE STATE BOARD OF EDUCATION AND THE STATE DEPARTMENT OF EDUCATION TO REQUIRE EACH SCHOOL DISTRICT TO INCORPORATE INSTRUCTION ON CERTAIN FOUNDING PRINCIPLES AND DOCUMENTS OF THE UNITED STATES INTO REQUIRED STUDIES OF THE UNITED STATES CONSTITUTION AND THE MISSISSIPPI SOCIAL STUDIES STANDARDS; TO SPECIFY CERTAIN MINIMUM CONTENT REQUIREMENTS; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO BIENNIALLY REPORT ON THE IMPLEMENTATION OF THIS ACT TO THE STATE LEGISLATURE; TO PROVIDE THAT THE DEPARTMENT SHALL OFFER PROFESSIONAL DEVELOPMENT OPPORTUNITIES REGARDING FOUNDING PRINCIPLES INSTRUCTION TO TEACHERS; AND FOR RELATED PURPOSES.

     Whereas, the United States of America is currently celebrating the 246th year of its independence and the 235th year of its people living free under the United States Constitution, the greatest governing principles ever written; and

     Whereas, it is the obligation and responsibility of every United States citizen to understand the importance of the Declaration of Independence, the Constitution, the Federalist Papers, and other documents that set forth and explain the principles of federalism, a governing system whereby the states and the federal government share responsibility for governing, and understand the rights of the people to private property, due process, and other inalienable rights; and

     Whereas, the Tenth Amendment to the United States Constitution provides that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the State respectively, or to the people"; and

     Whereas, the preservation of our great nation depends on strict adherence to the Tenth Amendment and other principles that protect the states and the people from overzealous acts of all branches of the federal government; and

     Whereas, many preeminent legal scholars and jurists, including Justice Sandra Day O'Connor, have observed that "Congress will nibble away at state sovereignty, bit by bit, until someday essentially nothing is left but a gutted shell"; and

     Whereas, understanding the proper role and the limitations of government have been a recurring issue for our courts throughout the history of our nation; and

     Whereas, every state has constitutional requirements for the education of the children of the state; and

     Whereas, many states recognize the importance of complying with its constitutional mandate of education by enacting laws that require graduating students to have a working knowledge of this country's founding principles and documents; and

     Whereas, as stated by Patrick Henry, "No free government, or the blessings of liberty, can be preserved to any people [but] by a frequent recurrence to fundamental principles"; and

     Whereas, educating our children on the founding principles and documents of our nation is crucial to the continuance of our free Republic:  NOW, THEREFORE,

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  This act shall be known and may be cited as the "Mississippi Founding Principles Act."

     SECTION 2.  (1)  The State Board of Education and the State Department of Education shall require each school district to incorporate instruction on the founding principles and documents that shaped the United States into the required study of the United States Constitution and the Mississippi Social Studies Standards upon the next cyclical review.  The board and department shall require the curricula to include, at a minimum, the Declaration of Independence, the United States Constitution, the Federalist Papers, instruction on the structure of government, the role of the separation of powers and the freedoms guaranteed by the Bill of Rights to the United States Constitution.

     (2)  The State Department of Education biennially shall submit a report by October 15 of each even-numbered year, commencing in 2024, to the Senate Education Committee and the House Education Committee documenting the implementation of this section.

     (3)  The State Department of Education shall make available professional development opportunities to teachers regarding subsection (1) by physical or electronic means.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2022.