AP African American Studies course does not violate Georgia law, AG says

Georgia's attorney general said that a new Advanced Placement course in African American Studies does not violate the state's law against teaching divisive racial concepts.

In a letter written to the Republican state representative who authored the 2022 measure, Attorney General Chris Carr said that the African American Studies AP course is exempt from the law because it is an AP course.

Georgia’s Superintendent of Schools, Richard Woods, had also requested an opinion from Carr on the issue, after Woods had refused to recommend the course for approval by the state Board of Education because he thought it broke the law.

Wade said Tuesday that he hoped Woods would reverse his decision and recommend the course.

"I really hope that Richard will make a decision as soon as possible and alleviate the concerns of Georgia students, teachers and parents," Wade told the Associated Press.

An AP African American Studies in Georgia is the center of controversy after the pilot program was not picked up by the state.

An AP African American Studies in Georgia is the center of controversy after the pilot program was not picked up by the state.  (Supplied)

SEE ALSO: Should AP African American Studies be taught in Georgia schools? Congresswomen talk superintendent ban

After confusion over whether the state could fund the course, some districts across the state have declined to include it in their curriculum.

Some districts have declined to teach the course without state approval. In metro Atlanta, many school districts had to decide if they wanted to fund the class on their own. Officials in DeKalb County agreed to spend up to $100,000 to make sure students can take it.

The Gwinnett School District went the other way. The district isn't offering the class, forcing students who had signed up for it to make last-minute changes to their schedules. Gwinnett officials made the decision because they say the lack of funding means students won't get extra credit added to their G.P.A. to help them qualify for the H.O.P.E. Scholarship.

Gwinnett County Schools will offer AP African American Studies course

Following the attorney general's statements on the AP African American Studies course, Gwinnett County Public Schools announced it would offer the course.

In a statement released Wednesday, Dr. Calvin J. Watts wrote:

"Gwinnett County Public Schools (GCPS) is pleased to share that the College Board’s Advanced Placement (AP) African American Studies course will be offered in GCPS this school year. Team GCPS came to this decision after State Superintendent Richard Woods announced earlier today that the AP African American Studies course will be added to the state-funded course catalog effective ‘immediately.' 

"Now that classes have begun, we are working with the impacted schools to ensure they are able to make necessary schedule adjustments. If schools can readjust their schedules, the students who signed up for the course last spring will have the option to change their schedule and take the course as planned. Details about schedule changes will be handled at each school with impacted students over the next few days. 

"‘While this is a victory in many ways, the State Superintendent’s actions caused undue burden on our schools and pain to many in our community, including our students,' GCPS Superintendent Dr. Calvin J. Watts shares. 'However, I am grateful for the collective advocacy of our students, families, staff, and community to do what is right for our students. I am sorry that we went through this, but I am happy that in the end, our students can take this course and receive the full AP experience and rewards of completing the course successfully.' 

"The successful state-approved pilot of the AP course in GCPS last school year resulted in 98 of the 99 students performing well enough on the AP exam to earn college credit, and the AP course is reflected on their transcript. GCPS continues to believe the AP African American Studies course is crucial in promoting educational excellence, equity, and understanding across diverse student populations, and we are proud to offer this as an advanced placement course option for GCPS students." 

Criticism from both parties over AP African American Studies funding

Woods has faced not only attacks from Democrats but pointed questions from Republican Gov. Brian Kemp.

At a school district event in Carrolton last week, Kemp stated his concerns over the decision and asked for more transparency, especially with changes occurring so close to the start of the school year. 

"If you are going to make changes, especially just before the school year, there needs to be transparency," Kemp said. 

AP African American Studies course in the national spotlight

The Advanced Placement course drew national scrutiny in 2023 when Florida’s Republican Gov. Ron DeSantis said he would 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 testing entity 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 doesn’t seek to indoctrinate students.

Carr’s letter notes that the law requires teachers to instruct "in a professionally and academically appropriate manner and without espousing personal political beliefs." But other than that, he noted the law’s text specifically exempts AP courses.

"Other than those limitations, the statutory language as enacted excludes advanced placement, international baccalaureate and dual enrollment coursework by its express terms," Carr wrote.

Georgia Superintendent of Schools Richard Woods, seen center, is touring a school in this undated photo.

Georgia Superintendent of Schools Richard Woods, seen center, is touring a school in this undated photo.  (FOX 5)

Woods had been saying that districts could teach the AP material and get state money by listing it as an introductory African American studies course approved by the state in 2020. Woods took that position after earlier saying districts would have to teach the course using only local tax money. But when he declared that he believed the course was illegal, Woods said he believed districts could expose themselves to legal challenges by teaching the AP material using the introductory course.

Georgia’s 2022 ban on teaching divisive racial concepts in schools, based on a now-repealed 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, anguish, or any other form of psychological distress because of his or her race." So far, 18 states have passed such bans.

Under the law, if people allege a violation, and it isn’t resolved locally, they can appeal to the state Board of Education. The board could order a corrective action plan, and a district could lose exemptions from state rules if it didn’t comply. Districts rely on those exemptions to set policy locally.

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

The Associated Press contributed to this report.