Research, Report, and Statistics

States Establish Obstacles to Racial Justice Education

Appendix: Legislative and administrative actions regarding Critical Racial Theory

Last updated: November 21, 2021

Successful bans by legislatures

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.”

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.

National conservative organizations have supported bills in over 25 states, compelling educators to limit or eliminate teachings on systemic racism. Nine states, including Idaho, Oklahoma, and Texas, had enacted such laws. Additional states like Florida and Georgia have introduced guidelines to curb discussions on racism in schools. This legislative trend has created a daunting atmosphere for educators, with threats of legal consequences. In New Hampshire, the conservative organization Moms for Liberty committed to awarding $500 to the first individual who could catch a public school educator “breaking” their new state law.

Anthony Downer, an Atlanta teacher and advocate for racial justice initiatives, faced professional consequences in his former Gwinnett County, Georgia school district, and was not invited back to teach. Despite setbacks, he remains optimistic and highlights the determination of many teachers who are committed to organizing for racial justice. He's been reluctant to share his experience to avoid intimidating educators, recognizing that his story represents the ultimate fear and contributes to teachers' concerns about engagement. Teachers require greater assurance to prevent job loss. Despite this, Downer stays hopeful as numerous teachers pledge to organize despite challenges. In Georgia, activists are actively working to urge local school boards to implement increased job protections for educators.

Dawn Bolton, a middle school teacher in Decatur, doubling down emphasizes the importance of empowering students to address issues intelligently and advocate for change. She said, “Because this orbit of discrimination and inequity and racial bias is just picking up velocity — it’s just spiraling...” and “students are standing up independently of us educators.”

Both Bolton and Downer have observed heightened engagement in their classrooms, witnessing students pose urgent and fresh inquiries about race and equity, as noted by Downer.

Bolton emphasizes her objective is to reassure students that adults are present to assist them in navigating an unjust world. She emphasizes the reciprocal need between adults and students, emphasizing that students do not have to face challenges alone and stressing that students should understand they're not alone in their journey.

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.

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.

Arizona Ethnic Studies Ban

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.

Students outside federal court, Tucson, AZ

Photo by Bryan Parras @highTechAztec

Published June 30, 2017, Latino Rebels

Arizona's Ban on Ethnic Studies - Brandy Jensen

The enactment of Senate Bill 1070 fueled an environment of heightened scrutiny and discrimination against individuals of Hispanic descent, as intensified measures were implemented to combat illegal immigration in Arizona. This climate provided a conducive backdrop for the smooth passage of House Bill 2281. This subsequent legislation banned ethnic studies programs in K-12 public schools, asserting that such programs were prone to 1. Encouraging the overthrow of the United States government. 2. Fostering resentment toward a specific race or class of people. 3. Being primarily designed for pupils of a particular ethnic group. 4. Advocating ethnic solidarity rather than treating pupils as individuals. Furthermore, the Tucson Unified School District faced the looming threat of a 10 percent withholding of state funding if they failed to comply with the bill's stipulations.

U.N.I.D.O.S. advocate outside

Evo A. DeConcini Federal Building & US Courthouse.

Photo by Bryan Parras @highTechAztec

Published June 30, 2017, Latino Rebels

Tom Horne

Arizona State Superintendent of Public Instruction

Photo by Joe Rondone, The Republic

Tom Horne aimed to eradicate the Mexican American Studies (MAS) program from Tucson public schools and prevent similar initiatives statewide. Despite failed lobbying attempts, Horne's efforts resulted in the enactment of HB 2281 in May 2010, a law he claims to have largely authored.

In January 2012, the district officially ended MAS, demanding the removal of MAS-related books from classrooms. Before the ban, MAS students had a remarkable 90% graduation rate over four academic years. Compared to students statewide, MAS students were significantly more likely, by 46 to 150%, to graduate—a notable achievement considering the persistently high dropout rates among Latino and Indigenous students.

Upon returning to office in 2023 as the Arizona state schools superintendent, Tom Horne advocated for SB 1305, a bill aiming to prohibit the teaching of critical race theory in Arizona public schools.

Tom Horne's commitment to eliminating programs he opposes persists, as demonstrated by his September 2023 lawsuit against the Arizona governor and attorney general. This legal action seeks to dismantle the state's over-20-year-old dual language program, where students receive half of their instruction in their native languages and half in English.

Educators express concerns about what Horne might target next. His unwavering determination poses an ongoing challenge for ethnic studies, causing disruption and leaving the Latino community unsettled and apprehensive.

Judge A. Wallace Tashima

Photo by Paul Sakuma/Associated Press

Published August 23, 2017,

The NewYork Times

On August 23, 2017, the bill was overturned by Arizona federal court Judge A. Wallace Tashima that the bill violated the First and 14th Amendments rights because they were denied the “right to receive information and ideas” and that their 14th Amendment rights were violated because the decision discriminated against Latinos.

ALL THINGS CONSIDERED

By Julie Depenbrock

"STILL FALLING THROUGH THE CRACKS"

Echoes of Disparity: Unveiling Gaps Across the Education Pipeline

US Education Pipeline, by Race/ Ethnicity and Gender, 2012

Data derived from the American Community Survey (ACS) for the year 2012, gathered from the US Bureau of the Census.

The first number set of numbers represents females, the second set, males.

The CSRC Research Report, "Falling through the Cracks: Critical Transitions in the Latina/o Educational Pipeline," initiated a series addressing Latina/o education issues over the past decade, highlighting persistent gaps and policy suggestions. Despite the growing Latina/o population, educational strides have not matched this growth, with widening disparities in educational attainment over the last decade. This figure demonstrates a stark contrast in educational achievement among racial/ethnic groups, revealing the low attainment levels among Latinas/os, particularly in higher education.

Recent data from 2012 depicts that out of 100 Latina elementary students, only 63 graduated from high school, and merely 13 obtained an undergraduate degree. These figures were even lower for Latino students. Furthermore, educational gains over the past decade appear marginal and potentially linked to population growth rather than equitable educational access. The report stresses that Latina/o students still significantly lag behind other racial/ethnic groups in educational attainment.

The report explores critical transition points in the education pipeline, revealing disparities in educational attainment among racial/ethnic groups. Recent data shows limited progress, indicating the ongoing relevance of past recommendations. This report revisits the Latina/o education pipeline, highlighting persisting challenges and offering guidelines for addressing emerging issues.

Having a bachelor's degree brings significant lifelong benefits, with increased earnings, better job prospects, and lower unemployment rates depending on the major. Although there are disparities in the college wage premium based on race/ethnicity due to structural differences, all groups experience significant advantages from having a degree. These benefits extend beyond wages, impacting homeownership, poverty rates, the need for safety net resources, mortality rates, and civic engagement. Despite these advantages, disparities in educational attainment persist across regions and racial/ethnic populations, posing an ongoing threat to the social and economic well-being of the state, particularly for the Latinx population, the largest demographic group facing low college attainment.

Representation by race at CSU partly reflects the regions where students live in California.

CSU Freshmen by Race and Campus (Fall 2020) and Their Statewide Share of High School Graduates (2019-20)

Source: Census Current Population Survey March 2010 Supplement

The illustration to the left specifically focuses on undocumented noncitizen People of Mexican Origin (POMO) in the age range of 25 to 40 who migrated to the United States between 1986 and 2001. Within this group, 60.8% were male, and they constituted the majority (76.7%) of foreign-born POMOs in this age range. Notably, undocumented male POMOs had lower high school attainment rates (40.7%) compared to females (49.3%), with a higher dropout rate for males (8.6%). Despite this, undocumented POMOs exhibited higher high school attainment rates than the general noncitizen category. Undocumented female POMOs showed higher college enrollment (15.5%) than males (11.7%) and the overall noncitizen group. However, both genders experienced higher dropout rates than noncitizens, particularly females with a 15 percentage point difference.

Sylvia Mendez

Image: U.S. Army Corps of Engineers Los Angeles District

Source: Legal Defense Fund (LDF)

While contemporary segregation for minorities diverges from historical cases like Sylvia Mendez's in the 1947 Mendez v. Westminster, it echoes similarities, where specific neighborhoods are recognized as underserved communities, resembling a form of poverty segregation. Concurrently, in today’s context, minorities continue to contend with educational disparities reminiscent of the 1954 Brown v. Board of Education Supreme Court case. Minorities in these underserved communities are faced with persistent socioeconomic challenges that impede education access, primarily due to resource disparities:

Funding Inequities: Inadequate funding in underserved communities, marked by lower property tax bases, results in insufficient resources, outdated facilities, and a lack of extracurricular activities.
Limited Educational Materials: Schools in underserved areas may lack current textbooks, technology, and other essential educational materials.
Teacher Shortages: Drawing and retaining highly qualified teachers in underserved communities pose challenges, leading to larger class sizes and less experienced educators, impacting instructional quality.
Poor Infrastructure: Schools in underserved areas grapple with challenges in maintaining and updating infrastructure, encompassing outdated buildings, inadequate heating/cooling, and safety concerns.

The Benefits of Ethnic Studies Courses

Lessons in Ethnic Studies

Published April 7, 2023, CBS 13 News

SF State Asian American Research Initiative

The five benefits of Ethnic Studies are listed below:

Promotes 21st Century Skills: Critical thinking, Communications, and Cultural Competencies
Increases academic performance–attendance, GPA, and credits earned
Improves race relations by addressing racial differences and similarities
Reduces stereotypic attitudes
Builds civic engagement for an inclusive democracy

Study: ethnic studies curriculum tied to increased graduation, retention rates

Published December 14, 2020, SF State News

Data from San Francisco State University reveals elevated six-year graduation rates for students majoring in the College of Ethnic Studies.

Analyzing data from over 22,000 first-time freshmen between Fall 2008 and Fall 2013, the San Francisco State University report showcases a strong correlation between ethnic studies programs and higher retention and graduation rates. Specifically, students majoring in CoES exhibited notably high six-year graduation rates. For instance, the Fall 2010 cohort witnessed a 77% graduation rate for CoES majors, surpassing the national average for public institutions by a significant margin.

Even students with a CoES minor demonstrated a remarkable 85% six-year graduation rate for the Fall 2013 cohort. These findings echo prior qualitative research, suggesting that ethnic studies positively influence student engagement and retention.

References

Ruiz, V. L. (2001). South by Southwest: Mexican Americans and Segregated Schooling, 1900-1950. OAH Magazine of History, 15(2), 23–27. http://www.jstor.org/stable/25163422
Aguirre, F. P. (2005). Mendez v. Westminster School District: How It Affected Brown v. Board of Education. Journal of Hispanic Higher Education, 4(4), 321-332. https://doi.org/10.1177/1538192705279406
Perez Huber, L., Malagon, M. C., Ramirez, B. R., Camargo Gonzalez, L., Jimenez, A., & Velez, V. N. (Directors). (2015). Still Falling Through the Cracks: Revisiting the Latina/o Education Pipeline [Film]. UCLA Chicano Studies Research Center.
JENSEN, B. (2013). CHAPTER SIX: Race Erased? Arizona’s Ban on Ethnic Studies. Counterpoints, 445, 81–100. http://www.jstor.org/stable/42982034
Jackson, S. A. (2019). Oregon’s K-12 Ethnic Studies Bill. Ethnic Studies Review, 42(2), 180–195. https://doi.org/10.1525/esr.2019.42.2.180
Strauss, V. (2017, August 23). Arizona’s ban on Mexican American studies was racist, U.S. Court rules. The Washington Post. https://www.washingtonpost.com/news/answer-sheet/wp/2017/08/23/arizonas-ban-on-mexican-american-studies-was-racist-u-s-court-rules/
Montañez, M. C. (2017, June 30). The Battle for Mexican-American Studies in Tucson: What Happened This Week. https://www.latinorebels.com/2017/06/30/the-battle-for-mexican-american-studies-in-tucson-what-happened-this-week/
Kwon, S. (2017, June 30). Ethnic Studies Legislation: State Scan. ERIC. https://eric.ed.gov/?id=ED612757
Cohen, R. M. (2022). As States Build Barriers to Racial Justice Teaching, Educators Fight Back. Rethinking Schools, 36(2).
Ray, R., & Gibbons, A. (2021). Why are states banning critical race theory? Brookings. https://www.brookings.edu/articles/why-are-states-banning-critical-race-theory/
Asian American Research Initiative (2022, May 10). Benefits of Ethnic Studies Fact Sheet. https://asianamericanresearchinitiative.org/
Covarrubias, A., & Lara, A. (2014). The Undocumented (Im) Migrant Educational Pipeline: TheInfluence of Citizenship Status on Educational Attainment for People of Mexican Origin. Urban Education, 49, 75–110. https://doi.org/10.1177/0042085912470468

Team Contributors:

Nina Ly

Mark Colin Fausto🔹Adrianna Baldizan🔹Kevin Adams Jr

“Racial Justice”

Akonadi Foundation

Artwork by Robert Liu-Trujillo

Oakland author and illustrator whose storytelling and vibrant visual art reflect his cultural heritage and dedication to social justice.

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