Critical race theory resolutions done right

Across the country, school districts are passing resolutions to “ban” critical race theory.

On Thursday, the Alabama Board of Education passed a resolution (by a 7-2 vote) that critics say is aimed at banning critical race theory in K-12 instruction. That same day, Colorado Springs School District 49 voted 3-2 to pass a similar resolution “opposing critical race theory.”

These resolutions were met with some resistance, namely the argument that critical race theory is not being taught in K-12 schools. According to AL.com, Alabama NAACP chapter president Benard Simelton told the Alabama Board of Education that the resolution “has no merit” since no one was teaching critical race theory in public schools.

One District 49 board member who voted against the “ban” on critical race theory even told Fox News that it was “a solution to a problem that does not exist.”

However, these critics’ claims are false. Critical race theory is indeed being taught in public schools. So much so that the National Education Association has made a written commitment to it, according to the Washington Examiner’s Kaylee McGhee White. Not only are these two boards acknowledging this, but they are also approaching the contentious issue correctly.

As I have written before, the question of “banning” critical race theory in public schools is a difficult one, especially for those of us who care about academic freedom. Successfully creating a policy to tackle such a divisive ideology is made more challenging when some argue that conservatives simply want to stifle historical discourse. However, both Alabama’s and District 49’s resolutions address these concerns.

First, both resolutions contain explicit free speech protections. District 49’s resolution reads, in part, “Nothing in this resolution shall be construed to restrict any expressive activities protected under the Constitution, including academic freedom or student political speech.”

The Alabama board’s resolution recognizes the “right to express differing opinions, foster and defend intellectual honesty, engage in freedom of inquiry, and honor freedom of speech as required by the First Amendment.”

Second, both resolutions do not prohibit schools from teaching about slavery and historical racism. Alabama’s resolution recognizes that “slavery and racism are betrayals of the founding principles of the United States.” The resolution goes on to say that students should be encouraged to “engage in a marketplace of ideas, subject to developmental appropriateness.”

District 49’s resolution recognized that good education “includes age-appropriate, critical thinking about the history … including pertinent instruction regarding the founding ideals of our nation as well as the history of racism and inequality in America.”

So, what do these two resolutions actually do? They target the pernicious and discriminatory practices of critical race theory. District 49 prohibited schools and instructors from asking “individuals or groups of students to participate in class or complete assignments based on their racial identity.”

And after affirming the equal rights of all students, regardless of race, the Alabama board prohibited disrespectful treatment due to race or sex. It also barred government agencies and schools from conducting training that faults or blames students and staff due to their race or sex.

Attacking discriminatory practices, not merely woke ideas, in K-12 schools will help advocates avoid claims of censorship and revisionism that a wholesale ban on critical race theory would inevitably face. By targeting the discriminatory practices of critical race theory, these school boards are setting a good example for others to follow.

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