Georgia attorney general says Black studies course can be taught under racial teaching law exemption

ATLANTA– A new Advanced Placement course in African American Studies does not violate Georgia law prohibiting the teaching of divisive racial concepts because the law exempts AP and similar college-level courses taught to high school students, the Georgia attorney general said.

Attorney General Chris Carr, a Republican, made the observation in a letter Friday to State Rep. Will Wade, a Republican from Dawsonville who authored the 2022 measure.

Georgia Schools Superintendent Richard Woods also asked Carr for his input on the matter after Woods refused to recommend the course for approval by the state Board of Education, arguing it violated the law.

Wade said Tuesday he hopes Woods will reverse his decision and recommend the course.

“I really hope Richard makes a decision as quickly as possible and addresses the concerns of the students, teachers and parents of Georgia,” Wade said in a telephone interview.

Some districts refuse to offer the course without state approval.

Woods faced not only attacks from Democrats, but also pointed questions from Republican Governor Brian Kemp.

A spokesman for Woods declined to comment but said the director may revisit the situation.

The Advanced Placement course gained national attention in 2023 when Florida Republican Governor Ron DeSantis said he ban the course in his state. In June, South Carolina officials also refused to approve the course. South Carolina said individual districts could still offer it.

The College Board is a nonprofit organization that offers Advanced Placement courses across the academic spectrum. Students who score well on an exam can usually earn college credit. The board has said the course is based on academic scholarship and is not intended to indoctrinate students.

Carr’s letter states that the law requires teachers to teach “in a professionally and academically appropriate manner and without espousing personal political beliefs.” But beyond that, he noted that the text of the law specifically excludes AP courses.

“Apart from these limitations, the statutory language as enacted excludes advanced placement courses, international baccalaureate courses, and dual enrollment courses under their express terms,” Carr wrote.

Woods had said that school districts could teach the AP material and get government money by listing it as an introductory African American studies course approved by the state in 2020. Woods took that stance after previously saying that districts should teach the course using only local taxesBut in stating that he believed the course was illegal, Woods said he believed school districts could expose themselves to legal challenges by teaching the AP material using the introductory course.

Georgia’s ban in 2022 teaching divisive racial concepts in schools, under a now-rescinded executive order from President Donald Trump, prohibits claims that the U.S. is “fundamentally or systematically racist.” It mandates that no student “should feel discomfort, guilt, fear, or any other form of psychological distress because of his or her race.” So far, 18 states have passed such bans.

By law, people who allege a violation that is not resolved locally can appeal to the state Board of Education. The board can order a corrective action plan, and a district can lose exemptions from state rules if it fails to comply. Districts rely on those exemptions to set local policies.

Woods, who is white, said he was particularly concerned about how the course presents the concept of intersectionality, a framework for understanding the effects of overlapping systems of discrimination or disadvantage. Black women, for example, can face compounding disadvantages because of their race and gender.

Intersectionality is one of the 74 required topics in the course.

The Atlanta, DeKalb County and Cobb County school districts have all said they will offer the course in some high schools, even if Woods does not recommend it. But Gwinnett County, the state’s largest district, has said it will will not offer the course. That’s because students do not receive the credit that an approved AP course provides when determining a student’s eligibility for the HOPE Scholarship merit program.