By Sophia Collins
UCLA’s School of Law defines critical race theory as an “interdisciplinary practice and approach to understanding the foundations and maintenance of race and racial subordination in the legal system throughout history.” Critical race theory contests the assumption that the legal system is a neutral apparatus and questions why racial inequality has persisted in a society that has repeatedly adopted laws to eliminate it. Critical race theory has been around since the 1980’s, so why have debates over critical race theory suddenly flooded the media? The protests in response to the killing of George Floyd prompted a new discussion between conservatives about structural racism in the United States, and shortly after that, Donald Trump began to warn against critical race theory.
On September 4, 2020, Donald Trump issued a memo to federal agencies that warned against the practice of critical race theory, and this was followed by Executive Order 13950 on the 22nd of September. Executive Order 13950 stated that it is a “pernicious and false belief that America is an irredeemably racist and sexist country” and that “malign ideology is now migrating from the fringes of American society and threatens to infect core institutions of our country”; it continues on to say that the United States shall not promote race or sex stereotyping in the Federal workforce or Uniformed Services, and that grant funds cannot be used towards this purpose. Ultimately, this executive order effectively banned any training regarding workplace diversity.
After the election of January of 2021, Biden revoked Executive Order 13950, but it had already begun to impact racial and sexual diversity in schools and the workplace. Biden’s decision to revoke Trump’s executive order pushed conservatives to attempt to replicate the ban at the state level and start a war against critical race theory. Three years after Donald Trump’s executive order, and states are still working to introduce laws and legislation to limit the discussion of critical race theory within schools and the work force. Despite the increase in proposed legislation, there is a lack of coverage regarding the laws and legislation that is being proposed or passed in various states regarding the discussion of critical race theory.
With all the bills that are being proposed, it can be overwhelming trying to keep track of the legislation that is making its way into schools, but CRT Forward is tracking educational censorship across the United States and can be your go-to source for staying informed on the latest proposed education. They are currently tracking 670 anti-critical race theory bills at the local, state, and federal levels for the public to stay informed on all updates that encompasses all bills and legislation that restricts teaching and training in K-12 schools, public universities, and workplace settings regarding race.
So far in 2023, there have been seventeen bills adopted into law in various states that restrict the discussion of race in the classroom. In Arkansas there are currently two bills that have been signed into law. Executive Order 23-05 was adopted on January 10th and it prohibits the teaching of critical race theory in K-12 education, as well as in private businesses and non-profits. On February 20th, Senate Bill 294 was adopted. This bill is aimed at K-12 education to place more restrictions upon to teaching of racial inequalities. This bill states that all teaching material must be reviewed to ensure that no material would “indoctrinate students with ideologies, such as Critical Race Theory”. These bills are blunt in their language and do not attempt to hide their goals of censoring what is being taught within schools.
In Florida, on January 1st, the Department of Education adopted a policy that limits instructional materials in K-12 education. This policy ensures that all teaching material is subject to review and must meet the state’s academic standard; this policy is related to House Bill 7 that took effect on July 1, 2022. House Bill 7 states that no individual will be forced to review material that includes of discussions of race, color, or national origin. It also requires the State Board of Education to develop a “Stories of Inspiration” curriculum, wherein American History demonstrates the importance of individual freedom that enables individuals to prosper. House Bill 7 is not only restricting the teaching of critical race theory, but it is working to fabricate a false American history.
On March 9th, in Arizona, the Superintendent of Education released a policy targeting K-12 education that has been titled the “Empower Hotline” and it encourages citizens to report “inappropriate public school lessons”. The goal of this is to ensure that no teachers are teaching critical race theory because it is being considered a “personal ideology” rather than an academic way to study and understand how society perpetuates racism, as well as scare teachers and parents alike that support the teaching of critical race theory in the classroom.
These bills and policy are no longer limited to red states, and are now beginning to appear in states that are typically regarded as more liberal. In 2023, there have been 66 bills introduced across the United States, and these bills are appearing in states like Rhode Island, Maine, Connecticut, and Massachusetts. In Massachusetts, Bill H.459 was proposed on February 16th targeting curricular content and trainings in K-12 education and private businesses, as well as non-profits. Under this bill, school boards are required to upload all their teaching material for parents and the public to view. The bill states that this is to “ensure that public schools do not compel students to engage in political or social activism or advocacy” and to prevent entities from forcing teachers, students, or administrators from affirming specific beliefs. Further, this bill states that no teacher, administrator, or student should affirm to the belief that “the Commonwealth of Massachusetts or any other state or commonwealth within the United States is fundamentally or irredeemably racist or sexist”. Despite Massachusetts leaning more liberally, Bill H.459 has still been proposed in the Senate and has been referred to the committee on education.
Since Trump’s memo in 2020, anti-critical race theory policy has been sweeping across the United States at the local, state, and federal level, but a lack of media coverage has left many people unaware at the policies being proposed. Continue to track all anti-critical race theory legislation and policy at CRT Forward, and if you are looking for ways to participate in the pro-critical race theory discussion, check out the ACLU’s “Defend Every Student’s Right To Learn” pledge.
Sophia Collins was a Rise Out intern in the spring of 2023. They are a student at Lesley University.