In recent months, both sides of the legislative aisle have turned their attention to critical race theory and its place in the classroom.
The theory, which claims “racism is a normal and ordinary part of our society, not an aberration,” according to a seminar developed by Fordham Law School’s Center on Race, Law and Justice, gained traction following the death of George Floyd last May.
Many Republicans oppose the theory, including former President Donald Trump, whose administration issued both a memo and executive order last September calling it “demeaning propaganda” and a “destructive ideology” that is “rooted in the pernicious and false belief that America is an irredeemably racist and sexist country.”
Since President Joe Biden took office, Republican officials, especially those at the state level, have continued to push against critical race theory and related concepts, with an emphasis on preventing their instruction in schools. Here’s what states have so far done this legislative year:
States that have restricted or banned CRT or related concepts or countered them with alternative policies
Several states have passed bills restricting the instruction of critical race theory or “divisive concepts” in public institutions. Arkansas’s SB 627 bans certain state entities from teaching “divisive concepts,” including anything saying that claims United States is fundamentally sexist or racist. The law does not apply to schools. Last month, North Dakota’s Legislature passed a resolution urging Congress to establish a 1776 Commission and for the Education Department to create educational materials to teach children “in accordance with the principles of the founding of America.”
Arkansas — Passed on May 3.
Idaho — Signed by Gov. Brad Little on April 28.
North Dakota — Passed on April 12.
Oklahoma — Signed by Gov. Kevin Stitt on May 7.
South Dakota — Gov. Kristi Noem announced signing the “1776 Pledge to Save our Schools” on May 3.
Texas — Signed by Gov. Greg Abbott on June 15
States that debated and/or partially passed legislation to regulate, ban, or counter CRT or related concepts
The following state legislatures have debated or passed measures restricting or countering critical race theory or had officials publicly rebuke or commit to restricting it. On March 17, Florida Gov. Ron DeSantis said, “There’s no room in our classrooms for things like critical race theory” and that state curriculum will “expressly exclude it.”
Arizona
Florida
Iowa
Louisiana
Mississippi
Missouri
New Hampshire
Rhode Island
South Carolina
Tennessee
Utah
West Virginia
Wisconsin
The legislatures of Tennessee and Iowa have each fully approved bills on critical race theory that await approval from their governors. Both measures include language prohibiting educators from teaching students that the U.S. is fundamentally racist.
States without measures
The Washington Examiner did not find that the following states’ governors or legislators pursued critical race theory restrictions or bans, although lawmakers in North Carolina are debating a proposal that would require the state’s school curriculum to provide for “balanced political discussion in classrooms.” Additionally, on May 4, Wyoming Superintendent of Public Instruction Jillian Balow called the Biden administration’s proposed priorities in history and civics education “an alarming move toward federal overreach into district curriculum.”
Alabama
Alaska
California
Colorado
Connecticut
Delaware
Georgia
Hawaii
Indiana
Kansas
Kentucky
Maine
Maryland
Massachusetts
Michigan
Minnesota
Montana
Nebraska
Nevada
New Mexico
New York
North Carolina
Ohio
Oregon
Pennsylvania
Vermont
Virginia
Wyoming
States that have considered or passed measures affirming or requiring instruction in CRT or related concepts
Illinois — Democratic state Rep. La Shawn Ford introduced a bill on April 20 that would create the “Critical Race Theory Academy,” where police academy candidates and current officers would receive training on “implicit bias and racial and ethnic sensitivity,” among other things.
New Jersey — Gov. Phil Murphy signed legislation on March 1 requiring school districts to incorporate to “highlight and promote diversity, including economic diversity, equity, inclusion, tolerance, and belonging in connection with gender and sexual orientation, race and ethnicity, disabilities, and religious tolerance,” as well.
Washington — On May 5, Gov. Jay Inslee signed SB 5044, an act “relating to equity, cultural competency, and dismantling institutional racism in the public school system.”
The information in this report was based on a survey of news reports and legislative activity throughout states’ 2021 sessions and will be updated.
