High school teacher and students sue over Arkansas’ ban on critical race theory

LITTLE ROCK, Ark. — A high school teacher and two students sued Arkansas on Monday over the state’s ban on critical race theory and “indoctrination” in public schools, asking a federal judge to strike down the restrictions as unconstitutional.

The lawsuit from the teacher and students of Little Rock Central High School, the site of the historic 1957 racial desegregation crisis, stems from the state’s decision last year that an Advanced Placement course on African American studies would not count toward state credit .

The lawsuit argues that the restrictions, which were part of a number of education changes that Republican Gov. Sarah Huckabee Sanders signed into law last year, violate free speech protections under the First Amendment and the Equal Protection Clause of the Fourteenth Amendment.

“It absolutely chills free speech” and “discriminates on the basis of race,” the lawsuit said.

“Indeed, Defendants’ brazen attack on full classroom participation for all students by 2024 is reminiscent of the State’s brazen attack on full classroom participation for all students in 1957,” the lawsuit said.

Arkansas and other Republican-led states in recent years have imposed restrictions on how race is taught in the classroom, including bans on critical race theory, a 1970s academic framework that focuses on the idea that racism is embedded in the country’s institutions. The theory is not a regular part of K-12 education, and the Arkansas ban does not define what would be considered critical race theory or prohibited “indoctrination.”

Tennessee educators filed a similar lawsuit last year challenging that state’s sweeping ban on teaching certain concepts of race, gender and bias in the classroom.

The restrictions in Arkansas mirror an executive order that Sanders signed on her first day in office last year. The Republican governor defended the law and criticized the lawsuit.

“In the state of Arkansas, we will not indoctrinate our children and teach them to hate America or each other,” Sanders said in a statement. “It is sad that the radical left continues to lie and play political games with the future of our children.”

Florida Governor Ron DeSantis has banned high schools in his state from teaching the AP African American Studies course. The College Board released the latest updated framework for the course in December, months after initial revisions sparked criticism, the nonprofit bowed to conservative responses to the class.

Arkansas education officials said last year that the AP African American Studies class could not be part of the state’s Advanced Placement course offerings because it is still a pilot program and has not yet been vetted by the state to determine whether it meets the law complies.

Central High and the five other schools offering the class said they would continue to do it as a local elective. The class still counts toward a student’s GPA.

The lawsuit is the second challenge to Sanders’ LEARNS Act, which also created a new school voucher program. The Arkansas Supreme Court in October rejected an challenge to the law that questioned the Legislature’s procedural vote, allowing it to take effect immediately.

“The LEARNS Act has brought much-needed reforms to Arkansas. I have successfully defended the law against previous challenges, and I am prepared to vigorously defend it again,” said Republican Attorney General Tim Griffin.