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Alabama board adopts permanent rule on 'divisive concepts' after public hearing
Summary
After a public hearing in Montgomery during which 11 speakers urged rejection, the Alabama State Board of Education on Oct. 14 adopted an amended administrative-code rule restricting instruction of certain "divisive concepts," voting 6–2 to make the change permanent.
MONTGOMERY, Ala. — The Alabama State Board of Education on Oct. 14 adopted an amended administrative-code rule limiting classroom instruction on certain so-called "divisive concepts," after a public hearing in which 11 speakers urged the board to reject the measure.
The rule the board adopted was an amended Alabama Administrative Code Rule 290-040-040-.02 pertaining to certain teaching techniques; the board voted to adopt the amendment as a permanent rule by a recorded roll call of six in favor and two opposed.
The public hearing that preceded the vote drew parents, civil-rights advocates, teachers and local officials who told the board the measure would chill instruction about racism and whitewash Alabama history.
"The Legal Defense Fund urges the Department of Education to reject the resolution," Hamida Labbe told the board. "The resolution . . . is not only bad education policy but also may be unlawful," she said, arguing the rule's language is vague and risks infringing equal-protection and free-speech rights.
Kiana Mitchell, who identified herself as a parent and advocate, said the rule would "deprive [students] of the truth" in history and social-studies classes. "Telling the history of this nation accurately is uncomfortable, but it's necessary," she said.
Speakers stressed Alabama's local history. "We stand here today in the first capital of the Confederacy and the state where the last American slave ship was discovered," Labbe said, urging the board not to codify language that she and others said would deter teachers from covering slavery and civil-rights history.
Bernard Simelton, president of the Alabama State Conference of the NAACP, told the board the measure would "highlight the misunderstanding by members of the Alabama Board of Education on the importance of teaching factual history." Bobby Mays, president of the Elmore County NAACP, and Terry Michael, a Birmingham City School Board member speaking for herself, made similar appeals.
Board debate included several members emphasizing the need to tell the whole truth of history and to preserve teacher autonomy. "I cannot support a resolution that does not afford the opportunity for the entire truth to be told," Doctor Cody Chestnut said during discussion. Doctor Yvette Richardson said she supports teaching equitable historical perspectives and described herself as indigenous while calling for inclusive instruction.
Despite the public opposition and the discussion, the board moved to adopt the amended administrative-code rule as a permanent rule. The roll-call vote recorded: Mrs. Bell — yes; Doctor Chestnut — no; Governor Ivey — yes; Mrs. McRae — yes; Doctor Reynolds — yes; Doctor Richardson — no; Mrs. West — yes; Mrs. Ziegler — yes. The board secretary reported the motion carried.
Votes at a glance from the Oct. 14 meeting included several routine and uncontested actions. The board unanimously approved a slate of proclamations (including Dyslexia Awareness Month, Manufacturing Month and School Lunch Week), adopted a foundation program appropriation request to send to the Executive Budget Office, and approved several administrative-code items and appointments. The board carried a 4–4 tie on one set of charter-commission nominees to next month.
The vote makes the amended Rule 290-040-040-.02 a permanent part of the Alabama Administrative Code; the transcript records board members saying the item continues earlier language on intellectual freedom and nondiscrimination. Supporters of the adoption argued it clarifies teaching standards and limits instructional materials or professional development that could be interpreted as promoting one race above another; opponents warned it could be used to curtail teaching about systemic racism.
The board scheduled its next regular meeting for Nov. 10, 2021, in the Gordon Persons Building in Montgomery. The transcript shows the item prompted strong public comment and may generate further requests for legal review or challenges by advocacy groups.
