Law & Courts

Georgia Educators Plan to Sue Over the State’s ‘Divisive Concepts’ Law

By Eesha Pendharkar — November 11, 2022 3 min read
Image of a pending lawsuit.
  • Save to favorites
  • Print

Georgia is the latest state to face the prospect of a lawsuit challenging its “divisive concepts” law for being vague and instilling fear in educators about the consequences of talking about race and racism in the classroom.

According to a letter sent on Nov. 4 to the state’s attorney general by the Southern Poverty Law Center, the National Education Association, and the Georgia Association of Educators, the groups plan to sue the state for passing into law a list of divisive concepts that teachers are prohibited from discussing in class, and creating a chilling effect on classroom speech.

Since 2021, 17 states have passed similar laws restricting the teaching of what they initially called “critical race theory” and later, “divisive concepts.” Legislation was introduced in more than 40 states to outlaw those concepts, first seen in an executive order by former President Donald Trump in 2020.

Georgia’s law includes a ban on teaching: that anyone is responsible for the actions committed by people of their race, that an individual should feel “discomfort, guilt, anguish, or any other form of psychological distress” because of their race, and that anyone, by virtue of their race, is inherently racist or oppressive.

It also bans “race stereotyping” or “race scapegoating,” which is defined in the law as assigning character traits, faults, or bias to a race, espousing personal beliefs which the law deems to be indoctrination of students, or teaching that the United States is fundamentally racist.

“When we’re talking about the majority population trying to change Georgia history by saying certain concepts could hurt the feelings of the majority community, they’re not thinking about the whitewashing of history, and how it could denigrate the experience of another group of people in this state, who are just as Georgian as they are,” said Gerald Griggs, the president of Georgia’s NAACP chapter, in a previous interview.

Under the law, all school districts in Georgia are required to formulate policies that align with it and outline a complaint process for parents, students, and employees for any violations.

Vague and confusing language cited as problematic

Experts across the country have called such laws, including Georgia’s, confusing and vague, because they do not elaborate on what teachers can and can’t say. In other states, even professional development on implicit biases has led to districts having their accreditation demoted.

The Georgia lawsuit alleges that the state’s law violates the First and 14th Amendments, claiming that it is attempting to censor classroom discussions. The teachers that are part of the lawsuit have not been able to do their jobs of teaching students the truth about history or social studies because of fear of retaliation, according to Craig Goodmark, an attorney who is representing an AP World History teacher in the lawsuit. Goodmark also works as a network attorney for the Georgia Association of Educators, which would be one of the plaintiffs in the lawsuit.

“The feedback from our membership and from teachers in the field is they simply don’t understand or know what the law is prohibiting,” he said. “It’s confusing and there is a growing concern that if they don’t know what actually violates the law, they could be held accountable for something that they had no notice of.”

Similar legal challenges have led to varied outcomes in other states

Georgia would be the sixth state where teachers’ unions and civil rights organizations have filed lawsuits against divisive concepts laws. So far, only one lawsuit, the first one, in Arizona, has been successful in striking down state law.

Lawsuits in Oklahoma, New Hampshire, and Florida are still pending. But because each of those laws were written differently, Goodmark said, it’s hard to tell whether they serve as good precedent for the Georgia lawsuit.

“This is one of those laws that shouldn’t stand either legally, or as a policy,” Goodmark said. “It’s bad for public education, and bad for our country.”

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
Smarter Tools, Stronger Outcomes: Empowering CTE Educators With Future-Ready Solutions
Open doors to meaningful, hands-on careers with research-backed insights, ideas, and examples of successful CTE programs.
Content provided by Pearson
Reading & Literacy Webinar Supporting Older Struggling Readers: Tips From Research and Practice
Reading problems are widespread among adolescent learners. Find out how to help students with gaps in foundational reading skills.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Improve Reading Comprehension: Three Tools for Working Memory Challenges
Discover three working memory workarounds to help your students improve reading comprehension and empower them on their reading journey.
Content provided by Solution Tree

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Appeals Court Blocks Ruling Bolstering Parental Rights Over Gender Identity
A federal appeals court blocked a groundbreaking ruling over the disclosure of students' gender identities.
4 min read
Students carrying pride flags and transgender flags leave Great Oak High School on Sept. 22, 2023, in Temecula, Calif., after walking out of the school in protest of the Temecula school district policy requiring parents to be notified if their child identifies as transgender.
Students carrying pride flags and transgender flags leave Great Oak High School on Sept. 22, 2023, in Temecula, Calif., after walking out of the school in protest of the Temecula school district policy requiring parents to be notified if their child identifies as transgender. But many districts in California follow a state policy limiting when schools can inform parents about a student's gender identity without the student's consent.
Anjali Sharif-Paul/The Orange County Register via AP
Law & Courts Teachers' Union Sues Texas for Probing Teachers' Charlie Kirk Posts
Teachers' free speech rights were violated by the state agency, the lawsuit alleges.
Turning Point USA Founder Charlie Kirk speaks during a campaign rally, Oct. 24, 2024, in Las Vegas.
Turning Point USA Founder Charlie Kirk speaks during a campaign rally, Oct. 24, 2024, in Las Vegas.
John Locher/AP
Law & Courts Schools Can’t Bar Teachers From Telling Parents If Kids Are Transgender, Judge Rules
The injunction bans any public school employee from misleading parents about their child’s gender presentation at school.
Kristen Taketa, The San Diego Union-Tribune
5 min read
Teacher’s aide Amelia Mester, wrapped in a Pride flag, urges Escondido Union High School District not to have employees notify parents if they believe a student may be transgender in November 2025. A policy on the issue in the city’s elementary school district is the subject of a federal class-action lawsuit in which a judge just sided against the district.
Teacher’s aide Amelia Mester, wrapped in a Pride flag, urges Escondido Union High School District not to have employees notify parents if they believe a student may be transgender. A policy on the issue in the city’s elementary school district is the subject of a federal class-action lawsuit in which a judge just ruled against the district.
Charlie Neuman for The San Diego Union-Tribune/TNS
Law & Courts Federal Appeals Court Upholds 8th Grader's Expulsion Over Gun Comments in Class
Shortly after a nearby mass school shooting, a student allegedly discussed bringing a gun to school.
3 min read
Photo of stone columns.
E+