What is critical race theory? What to know about Kentucky bill to limit racism discussions
Olivia KrauthLOUISVILLE, Ky. — A national push to stifle classroom conversations about systemic racism has arrived in Kentucky.
A bill filed ahead of Kentucky’s 2022 legislative session by Rep. Joseph Fischer, R-Ft. Thomas, would bar teachers from talking about a 12-point list of concepts touching on discrimination, privilege and anything seen as “promoting division” between different groups of people.
Fischer’s bill mirrors legislation in statehouses across the country as conservatives push against conversations about systemic racism, white privilege and critical race theory in K-12 classrooms, often calling such topics divisive or alleging districts are indoctrinating children.
The wave of legislation comes as school districts are seeking to rectify the root causes of racial disparities in student outcomes and make history curriculum more accurate and inclusive.
Kentucky's proposed measure runs headlong into education leaders who have made racial equity and inclusion a priority in both state policy and some of the state's largest school districts.
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What is critical race theory?
“Critical race theory” has recently become a buzzword used as a catch-all to refer to racial equity efforts being implemented in schools. But that is not quite what it actually is.
Critical race theory, or CRT for short, is a theoretical framework that examines how institutions may perpetuate systemic racism in the United States. It holds that racism is real and is ingrained in systems, like the legal system or public schools, to the detriment of people of color and the benefit of white people.
The theory focuses on systemic issues rather than individuals and their personal actions. “It is not a targeting of any other group,” Kalasia Ojeh, a Pan-African Studies professor at the University of Louisville, said.
A majority of people likely do not study CRT, she noted, and if they do, it is likely in college.
Critical race theory is widely adopted in Black history departments at the collegiate level, Ojeh said, but it “is not the general assumption” used throughout college courses.
Background: Lawmaker wants to limit discussion of systemic racism in Kentucky classrooms
Why is everyone talking about critical race theory?
Several school districts doubled-down on — or began — diversity, inclusion and equity efforts as the nation faced a racial justice reckoning over the past year.
Those initiatives vary from district to district but they often seek to reverse racial disparities in education, including gaps in test scores, unequal placement in advanced courses and lopsided suspension rates.
Part of addressing those disparities may include training teachers on implicit biases or reviewing history curriculum to make it more inclusive for students of color.
Such efforts sparked some opposition from parents and lawmakers who think race should be taught by parents or find equity efforts divisive or inherently racist. Bills to limit discussions on racism have cropped up in states including Tennessee, Texas and Oklahoma over the past several months.
Related: McConnell to education officials: Drop 'activist indoctrination' history priorities
What is in Kentucky's bill?
Kentucky's bill, Bill Request 60, would limit teachers from using curriculum or learning materials that promote the following topics:
- That an individual is "inherently racist, sexist, or oppressive, whether consciously or unconsciously" due to their race or sex;
- That an individual should be "discriminated against or receive adverse treatment" due to their race or sex;
- "Meritocracy or traits such as a hard work ethic are racist or sexist or were created by members of a particular race to oppress members of another race;"
- Anything that would be considered "promoting division between, or resentment of" different groups, including socioeconomic classes and racial identities.
The proposed legislation would also ban teachers from "promoting or advocating the violent overthrow of the United States government" or saying Kentucky or the United States is "fundamentally or irredeemably" racist or sexist.
The list of prohibited topics is "so vague and so broad" that the measure "will undoubtedly chill" classroom conversations involving racism and sexism, attorney Michael Abate said.
A citizen would be allowed to file a complaint to the Attorney General if they think the bill has been violated. The Attorney General, which is an elected office, would be able to unilaterally require state education officials to cut funding to school districts it deems to have violated the law — raising additional potential legal issues, Abate said.
"That's a serious separation-of-powers problem," Abate, who focuses on First Amendment issues, said.
More: JCPS passed a new suspension ban. Here's what could go wrong — and how to prevent it
Why was the bill filed?
Fischer said some of his constituents requested he file the bill after a high school in his district tried to start a "Social Equity" course.
Highlands High School, a predominantly white and wealthy school in Fort Thomas, initially approved the creation of the course in December, the school's student newspaper reported. It would cover a range of social justice issues, including how race intersects with education and the criminal justice system, according to a draft syllabus shared with The Courier Journal.
A copy of the unfinished syllabus created "unnecessary division" in the community, Highlands Principal Matthew Bertasso said. Highlands is not offering the course next year due to scheduling issues, but it will remain in the course catalog, the student paper reported last month.
“Critical race theory is not based on facts or evidence but rather serves as a dangerous diversion from education priorities that are actually proven to eliminate disparities,” Fischer said in a press release. “It is a powerful tool for those who seek to divide us into categories and destroy the very institutions that have seen generations of Americans of all races and backgrounds build successful futures.”
How did people react to Kentucky's bill?
Leaders in Kentucky quickly criticized Fischer's bill, saying it would limit free speech in classrooms and hinder efforts to improve academic outcomes for students of color.
Kentucky Education Commissioner Jason Glass said he was "disappointed" in the proposed measure.
"Discussing difficult issues is how we prepare our students to be citizens in our democratic republic and our state has a long tradition of empowering our local educators to make the best decisions for their students," Glass said in a statement Tuesday.
When asked about the bill during a Tuesday COVID-19 press conference, Gov. Andy Beshear called the bill "more than a little concerning."
"I think once you start legislating what can and can't be taught in schools, especially in the framework of politics, it gets really dangerous," Beshear, a Democrat, said.
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"This is not only educational censorship, but a reaffirmation of white supremacy by barring teachers from discussing it in a substantive way," Ricky Jones, a Courier Journal columnist and the chairman of the University of Louisville's Pan-African Studies department, tweeted.
Jefferson County Public Schools Superintendent Marty Pollio said he opposes the bill, noting that it could thwart the district's efforts to close longstanding gaps in academic achievement between students of color and their white classmates.
"In JCPS, we believe all of our students deserve to feel a sense of belonging in their school and in the curriculum, and research clearly shows that a student’s sense of belonging improves academic outcomes," Pollio said. "How can we expect students to succeed if they do not see themselves and their history in the curriculum?"
More:Mitch McConnell: Government shouldn't dictate how to teach race issues
Reach Olivia Krauth at okrauth@courierjournal.com and on Twitter at @oliviakrauth.