Alabama school board reviews draft resolution opposing critical race theory, plans rule and code changes

The Alabama State Board of Education spent a large portion of its June work session discussing two draft resolutions intended to address concerns about critical race theory and related instruction in K-12 classrooms.

Board leaders presented a draft titled "The Alabama State Board of Education resolution declaring preservation of intellectual freedom in Alabama's public school," read aloud during the meeting. The document states, in part, that "the State Board of Education believes stakeholders in our public schools are individuals endowed with equal and amiable rights without respect to race or [*****]." It also affirms that the board will not "support or impart any K-12 public education resources or standards that indoctrinate students in social or political ideologies or theories that promote one race ... above another."

Board members said the resolution is meant to set a statewide position but urged care to avoid language that could prompt First Amendment litigation or unintentionally limit classroom discussion. "We want to be really cautious that we don't set ourselves up for a First Amendment lawsuit," a board member said while introducing the drafts.

Why it matters: board members and many parents have contacted the department about how race, history and civic content are taught. The board’s statement, any changes to administrative rules and proposed code amendments would guide local districts and could affect teacher preparation and how federal grants tied to social-studies standards are addressed.

What the board discussed and directed - Timeline and process: Board members agreed they needed more time to consider language and recommended returning a revised resolution at the July work session with the goal of a formal vote in August under the board—s regular schedule. One member noted that, if the board wanted to accelerate the process, it could consider a July vote but that would require a condensed review through legal offices and the governor—s counsel.

- Teacher preparation and standards: Members asked for an explicit paragraph on teacher preparation and how any resolution might be carried into the state—s administrative code (which requires a later rulemaking process and a 45-day public period). The board asked staff to draft both an emergency rule (which could take effect quickly but expires without a permanent change) and matching permanent code language so the board could consider them together.

- Federal funding concerns: The board discussed a provision modeled on Georgia—s resolution that would state the department—s intent not to apply for federal grant programs that require adoption of specific concepts the board rejects. Department staff explained existing formula federal funds (Title I, II, III, ESSER) are not tied to CRT-like standards, but some competitive grants have application requirements. The chair said adoption of the board—s position would signal an intent not to pursue such discretionary grants.

- Clarifying scope: Members emphasized the difference between teaching full, accurate history and endorsing any form of ideological indoctrination. Several members urged the resolution to make clear that multicultural education and accurate history would continue to be part of standards development.

Board directions and next steps - Staff were directed to produce a revised proposed resolution incorporating member feedback, to add a specific paragraph about teacher-preparation expectations, and to draft parallel emergency-rule language and a matching permanent rule-change proposal for the board to review at the July work session. - Department counsel will review proposed language and work with the governor—s legal office before a final draft is circulated.

Quotes (from the meeting record) - "We want to be really cautious that we don't set ourselves up for a First Amendment lawsuit," a board member said while introducing the drafts. - Reading the draft resolution aloud, a presenter said: "The Alabama State Board of Education resolution declaring preservation of intellectual freedom in Alabama's public school..." and read the draft—s principal clauses. - Board member Dr. Mackey asked: "In the absence of the governor, can you tell me her position... Is this representative of what the governor feels?" (discussion followed that the governor—s office had been consulted and wanted the board to lead.)

Ending The board did not vote on the resolution at the work session. Members asked staff to return a revised, legally reviewed draft and proposed rule text in July so the board can consider final action at its regular August meeting if members agree. The discussion highlighted the board—s intent to assert a policy position while avoiding language that could curtail classroom discussion or invite litigation.