As we prepare for our upcoming issue on the theme, “Teaching for Social Justice in a Highly Politicized Historical Moment,” we came across a helpful compilation of legislative and administrative actions regarding Critical Race Theory by state legislatures, state boards of education, and local school boards, as well as some federal-level actions being considered by the 117 U.S. Congress. The compilation was summarized in the Appendix to the article, “Why are statesbanning critical race theory?”, by Rashawn Ray and Alexandra Gibbons. We wish to thank the Brookings Institution for permission to reprint the Appendix for our readers.
Appendix: Legislative and administrative actions regarding CRT
From “Why are states banning critical race
theory?”
By Rashawn Ray and Alexandra Gibbons
Brookings Institution
Last updated: November 21, 2021
Arizona
House Bill 2898, which was signed by Gov. Doug Ducey on 6/30/21, prohibited the use of “public monies for instruction that presents any form of blame or judgment on the basis of race, ethnicity or sex” in K-12 public/charter schools and establishes fines for violations. However, on 11/2/21 the Arizona Supreme Court upheld a trial court ruling that HB2898 violates the state constitution by including multiple subjects in a single bill, and it was invalidated. See the Arizona Board of Education guidance here.
Idaho
House Bill 377, which was signed by Gov. Brad Little on 4/28/21, bans teaching specified concepts about race and gender in public schools, public charter schools, and public institutions of higher education.
Iowa
House File 802, which was signed by Gov. Kim Reynolds on 6/8/21, bans incorporating specified concepts regarding race and sex into mandatory trainings for government agencies, teachers, and higher education students. Specified concepts must also not be included in curriculum in public K-12 schools.
New Hampshire
Anti-CRT section was incorporated into House Bill 2, the state budget trailer, and signed by Gov. Chris Sununu on 6/25/21. This bill prohibits teaching specified concepts in public schools and in governmental agency trainings.
North Dakota
House Bill 1508, which was signed by Gov. Doug Burgum on 11/15/21, prohibits K-12 public schools from instruction related to critical race theory, which is defined in the bill as the “that racism is systemically embedded in American society and the American legal system to facilitate racial inequality.”
Oklahoma
House Bill 1775, which was signed by Gov. Kevin Stitt on 5/7/21, prohibits public institutions of higher education from requiring students to participate in mandatory gender/sexuality diversity training, and bans teaching specified concepts about race and sex in public schools. The Oklahoma Department of Education elaborated here about how the law will operate, including reporting violations.
South Carolina
Anti-CRT section incorporated into the education section of H. 4100, the state budget bill, which was passed on 6/30/21. This bill prohibits schools receiving state funding from teaching specified concepts regarding race and sex.
Tennessee
House Bill 580, which was signed by Governor Lee on 5/25/21, bans public school districts and public charter schools from teaching certain concepts about race, sex, and the United States, withholds state funding for violations. The Tennessee State Department of Education details these rules and the complaint system here.
Texas
House Bill 3979 (signed into law on 6/15/21) was replaced with stricter legislation, Senate Bill 3 (signed into law on 9/17/21). SB3 makes significant changes to required civics education curriculum, establishes a new civics training program for teachers, requires that both sides of current controversial issues are presented, prohibits teaching certain concepts regarding race and sex and giving academic credit for advocacy work.
State legislatures that have/are considering a ban or that have pre-filed bills for next session
Alabama
Two bills have been pre=filed for the next legislative session:
· HB8 would limit the concepts about race and sex that public schools and universities can teach
· HB11 would require public schools and universities to terminate employees that teach certain concepts about race and sex
Alaska
· Rep. Thomas McKay (R) pre-filed a bill that would ban teaching certain concepts about race and sex and ban the 1619 Project
Arkansas
· Senate Bill 627 passed. It limits how most state agencies can train employees about “divisive concepts”
· Bills limiting how racism is taught in schools (HB1218) and banning the 1619 project in schools (HB1231) have failed thus far
Florida
Although the BOE already passed new rules regarding teaching about race and gender, additional legislation (HB57) has been pre-filed that would dictate how concepts related to race and gender are taught at K-12 public schools, public universities, state colleges, state agencies, local governments, and private businesses with state/local government contracts
Kentucky
Two bills have been pre-filed for the next legislative session:
· BR 60 would ban certain concepts from being taught in public K-12 schools and establish financial penalties for disobeying. It also bans mandatory diversity training at public universities.
· BR 69 would ban concepts from being taught both in public K-12 schools and in public universities; institutions that disobey would be legally liable.
Louisiana
House Bill 564 would ban “divisive concepts” from being taught in public schools and public postsecondary institutions, but it has been deferred for now
Maine
HP 395 would ban certain subjects/concepts regarding race and gender from being taught in public schools
Michigan
· Senate Bill 460 would ban (and withhold 5% of state funding to districts who do not cooperate) the teaching of the 1619 Project and specified concepts regarding race and gender in K-12 public and charter schools
· House Bill 5097, which passed the House in November 2021, would ban specified concepts regarding race and gender from being included in the core curriculum standards set by the State Board of Education and local school districts
Mississippi
· House Resolution 62 and Senate Resolution 56 condemn critical race theory but do not address schools specifically
· In the FY23 Executive Budget Recommendation, Governor Reeves urges legislators to pass an anti-CRT bill and proposes a “$3 million investment in a Patriotic Education Fund”
Missouri
House Bill 952 would ban certain concepts from being taught in state agencies, school districts, public postsecondary institutions, and state-funded charter schools, including specified curriculum (1619 Project, Learning for Justice Curriculum by SPLC, We Stories, programs by Educational Equity Consultants, BLM at School, Teaching for Change, Zinn Education Project). State funding would be withheld from entities who violate these rules.
New Jersey
S-4166 would prohibit specified concepts from being taught in public schools, mandate teachers to present “materials supporting both sides of a controversial issue [an issue that is part of an electoral party platform]”and require the State Board of Education to introduce rules prohibiting political advocacy in the classroom
New York
A8253 would ban Regents and school districts in New York from establishing curriculum that teaches specified concepts related to race and from teaching the 1619 Project
North Carolina
House Bill 324 would ban certain concepts from being taught in public schools and charter schools; it passed the state House and Senate but was vetoed in September by Gov. Cooper
Ohio
· House Bill 322 states that teachers who discuss current events must introduce multiple perspectives, bans extra credit for political advocacy work, bans private funding for curriculum deemed unacceptable by bill, bans state agencies and school districts from teaching certain concepts
· House Bill 327 would ban school districts and state agencies from teaching various “divisive concepts,” would withhold state funding to districts that disobeyed
Pennsylvania
House Bill 1532 would ban public postsecondary institutions, state and local governments, and school districts from teaching certain concepts, a violation would result in a loss of state funding
Rhode Island
H 6070 would prohibit teaching of “divisive concepts” in schools, state and municipal contracts and training programs
West Virginia
· House Bill 2595 would ban state employees or contractors, as well as schools, from teaching “divisive concepts” and would withhold state funding for violations
· Senate Bill 618 would ban the State Board of Education from implementing curriculum that promotes “divisive concepts” and “critical race theory” and allows for the firing of teachers who teach certain concepts related to race and gender
Wisconsin
· Senate Bill 411 would prohibit certain concepts from being taught in public schools and charter schools, with violations resulting in a loss of 10% of state funding. Also requires curricula used to be posted online.
· Senate Bill 410 would restrict the types of racism/sexism training that state agencies can conduct
· Senate Bill 409 would ban certain concepts from being taught in University of Wisconsin System and the Technical College System and restricts permissible employee training, with violations resulting in funding cuts
Wyoming
State Senators plan to introduce the “Civics Transparency Act” would require school districts to post learning materials and activities used in the preceding year
Federal-level action being considered
· The “Saving History Act of 2021” would withhold federal funding, with some exceptions, from schools that teach the 1619 Project.
· The “Ending Critical Race Theory in D.C. Public Schools Act,” introduced by a representative from Wisconsin, would ban certain concepts from being taught in D.C. public and charter schools.
· The “Stop CRT Act” would withhold federal funding from schools and universities that promote “race-based theories.”
· The Senate passed an amendment to the budget resolution with Manchin’s support blocking federal funding from being used to teach CRT in pre-K and K-12 schools.
· The “PEACE Act” would prohibit federal American History and civics education programming funds from being used to teach “divisive concepts.”
· The “Protecting Students from Racial Hostility Act” would amend Title VI of the Civil Rights Act of 1964 to make the teaching of “divisive concepts” discriminatory, establishes a system for reporting related complaints.
Actions taken by state boards of education
Alabama
Alabama’s State Board of Education passed this resolution in August 2021, and voted to permanently incorporate it into the BOE administrative code in October 2021
Florida
Rule amendment here
Georgia
Resolution here
Utah
New rules here, prompted by resolutions passed by the Utah Legislature instructing the board to address CRT in new rules
Actions taken by other state actors
Montana
State Attorney General ruled that teaching CRT is discriminatory and unlawful, schools or public workplaces that offer CRT training could lose state funding or be liable to lawsuits
South Dakota
· The state Appropriations Committee sent a letter to the state Department of Education encouraging them to reject federal grants for teaching history and civics, noting that they expect to address CRT next legislative session
· Gov Noem signed “1776 Pledge”
Actions taken by local school boards
Cobb County, Georgia
Cobb County “will not implement Critical Race Theory, also called CRT, in our schools – not under that name nor any other name; nor will we be using the 1619 Project in our schools – not under that name nor under any other name.”
Cherokee County, Georgia
“NOW, THEREFORE, BE IT RESOLVED by vote of the members of the Cherokee County Board of Education at a duly called meeting held on May 20, 2021, the Cherokee County School Board and Cherokee County School District in pursuit of the aforementioned goals and objectives will NOT implement “Critical Race Theory,” also called CRT, in our schools – not under that name nor by any other name, nor will we be using The 1619 Project in our schools – not under that name nor by any other name.”
Brunswick County, North Carolina
“This policy shall ensure that social theories of any kind (i.e. Holocaust Denial Theory, 9/11 Theory, Critical Race Theory) are not presented to students unless approved by the Brunswick County Board of Education. It is the responsibility of the Board to ensure that curricular standards are taught using well documented, factual resources and not opinion or conjecture.”
Gallatin County, Kentucky
Superintendent stated that the board believes “no individual is ‘inherently racist, sexist or oppressive’ due to their race or sex, ‘whether consciously or unconsciously.’ Agenda item VI.I. from the June 15 BOE meeting “Discussion/Action to Ban Critical Race Theory in Gallatin County School District” was a statement to affirm the belief and commitment to ensure every child’s needs will be met. Furthermore, the effort was to not create greater divisions among students and staff through the promotion of CRT.”
Chesterfield County, Virginia
School board chairman said that “critical race theory is not supported by members of the board. In Chesterfield, our goal is unity, not division.”
Sullivan County, Tennessee
High school teacher Matthew Hawn was recently fired for assigning “The First White President” by Ta-Nehisi Coates and for showing a video of a spoken word poem called “White Privilege” by Kyla Lacey in his Contemporary Issues class.
Paso Robles Joint Unified School District, California
Resolution passed by the school board explicitly denounces CRT and bans certain concepts from being taught, such as that “racism is racial prejudice plus power,” that individuals are “either a member of the oppressor class or the oppressed class because of race or sex,” and that the concept of meritocracy was created as a tool of oppression.
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