The Arkansas State Conference of the NAACP and the Lawyers Committee on Civil Rights have jointly requested a federal court to issue an injunction against the state of Arkansas regarding its Literacy, Empowerment, Accountability, Readiness, Networking and School Safety Act, commonly referred to as the LEARNS Act. This act aims to restrict public schools from incorporating diversity, equity, inclusion, and critical race theory into their curriculum. Proponents of the LEARNS Act argue that such teachings amount to “indoctrination.”
The NAACP has recently joined the revised lawsuit, which was first obtained by ABC News on Friday. This lawsuit was originally filed in March by the well-known civil rights attorney Mike Laux in the U.S. District Court for the Eastern District of Arkansas Central District. In addition to joining the lawsuit, the NAACP and the Lawyers Committee on Civil Rights have also filed a request for an injunction on Friday. The purpose of this injunction is to prevent the LEARNS Act from being enforced while the lawsuit is being litigated.
The NAACP is taking action against a surge of anti-diversity, equity, and inclusion legislation nationwide. This recent endeavor is a crucial part of their ongoing efforts.
The lawsuit claims that the Advanced Placement African American Studies classes taught in Arkansas’ public schools have been treated unfairly and have not received adequate funding compared to other advanced placement courses. According to the suit, these alleged disparities have not only deprived students of the chance to learn about African American history and contributions but have also perpetuated systemic inequality.
“We are determined not to go backwards. The NAACP will persist in utilizing all available means to safeguard our constitutional rights and preserve the dignity of our culture. This is a demonstration of our unwavering commitment to our community,” expressed NAACP President Derrick Johnson in a conversation with ABC News.
Johnson expressed his concerns, stating, “The future of our nation is at risk due to the disregard for diversity, equity, and inclusion, which is prevalent from Arkansas to Alabama.”
In January 2023, Arkansas Governor Sarah Huckabee Sanders took action by signing an executive order aimed at preventing the teaching of critical race theory and what the order refers to as “indoctrination” in public schools across Arkansas.
Sarah Sanders, when she signed the order, stated that critical race theory goes against the core American principles of neutrality, equality, and fairness. She emphasized that it focuses on a person’s skin color as their primary characteristic, effectively reviving segregationist values that the United States has worked tirelessly to overcome.
The governor emphasized that CRT, discrimination, and indoctrination are not welcome in Arkansas classrooms, stating, “It is the policy of this administration.”
In just two months, Sanders took action and signed the LEARNS Act into law, a comprehensive 144-page piece of legislation.
The LEARNS Act empowered the Arkansas Department of Education to establish improved protocols and guidelines that deter the promotion of prohibited ideologies, such as Critical Race Theory, among its employees, contractors, and guest speakers or lecturers.
The Arkansas Supreme Court, despite facing resistance, upheld the legislation by ruling in favor of the law. They stated that the act had been passed with a valid emergency clause back in October.
Two high school teachers and two students from Little Rock Central High School in Little Rock, Arkansas are among the plaintiffs in the new lawsuit. Little Rock Central High School holds historical significance as it was at the center of the 1957 U.S. Supreme Court ruling that mandated the integration of public schools in the country. This decision came three years after the landmark Brown v. Board of Education case.
Nine Black students, referred to as the “Little Rock Nine,” were later given permission to attend Little Rock Central High School. Unfortunately, these brave individuals faced hostility and violence from anti-integration groups. In response, President Dwight Eisenhower took action by deploying the National Guard to uphold the law and ensure the safety of these students.
Little Rock Central High School not only holds a significant position in American history and culture but also holds a special place in Sanders’ heart as his alma mater. It is worth noting that the student population of the school is now predominantly made up of students of color.
Ruthie Walls, an AP teacher of African American studies and one of the plaintiffs in the lawsuit, finds herself hindered by the bill. Walls, who was bestowed with the title of “Teacher of the Year” for the 2023-2024 school year at Little Rock Central High School, is adversely affected according to the lawsuit.
According to the revised lawsuit, Walls expresses concern that she now refrains from discussing certain historic topics, such as the impact of Jim Crow laws and the consequences of Brown v. Board of Education. This self-censorship is a direct result of the LEARNS Act and the potential penalties she may face. Walls also worries about the adverse effects of the LEARNS Act on her students’ ability to succeed in the AP exam.
The lawsuit also claims that the NEA, the Martin Luther King, Jr. Research and Education Institute, and Selma online have had their state-provided resources, including civil rights information, removed by the state of Arkansas and the Arkansas Department of Education without any explanation.
According to the lawsuit, the 1776 Unites curriculum, which is favored by the state, might be seen as whitewashing history and potentially undermining the fight against discrimination and equal protection.
The lawsuit claims that a state cannot have unrestricted authority to impose any conditions on its teachers and cannot forbid the teaching of a theory or doctrine if the reasons for doing so violate the First Amendment.
According to ABC News, Sanders responded to the lawsuit by stating, “In the State of Arkansas, we refuse to engage in the indoctrination of our children by teaching them to despise America or one another. It is disheartening to witness the ongoing deception and political maneuvering by the radical left, jeopardizing the future of our children.”
Arkansas lawsuit joins nationwide push against anti-diversity, equity, and inclusion laws. In a larger effort, the NAACP recently reached out to Black NCAA student-athletes, advising them to reconsider attending colleges in Florida due to the University of Florida’s decision to dismantle its Diversity Equity and Inclusion department. This move comes in response to the Stop WOKE Act signed by Florida Governor Ron DeSantis, similar to the LEARNS Act passed in 2023.
In her State of the State address on Wednesday, Sanders emphasized that education holds the utmost importance to her. She specifically highlighted the significance of the first year of the LEARNS Act, which primarily focuses on supporting the most vulnerable students in their educational journey. However, Sanders firmly believes that education freedom should be accessible to all individuals without any discrimination. Therefore, she enthusiastically mentioned that Education Freedom Accounts will soon be available to everyone.
“Those who have sacrificed everything for our freedom deserve nothing less than educational freedom,” Sanders exclaimed. “By this time next year, Arkansas will make history with the introduction of universal education freedom.”
Governor X passionately appealed to the state Legislature to promptly deliver a budget that fully supports the LEARNS Act. She emphatically stated her commitment to signing it once it reaches her desk.
In response to the lawsuit, Secretary Jacob Oliva from the Arkansas Department of Education vehemently denies the accusations made against them. He states that the claim of not allowing students to participate in the AP African American Studies pilot program and depriving them of its benefits is completely false. Secretary Oliva clarifies that the department actually advised schools to offer local course credit to students who successfully complete the pilot program. Additionally, he highlights that six schools actively took part in the program.
According to David Hinojosa, director of the Educational Opportunities Project at the Lawyers’ Committee for Civil Rights, it is important for students to have the opportunity to learn about authentic history rather than a sanitized version. Hinojosa argues that the darker aspects of American history should not be hidden away simply because they may make some individuals uncomfortable.
According to Hinojosa, Arkansas is being offensive and unfair by compelling educators to censor their discussions on racism and removing the benefits of the AP African American Studies course, such as extra weight for GPAs and the potential to earn college credit.
“These attempts to rewrite our history, erase our leaders from classrooms, and undermine our culture are a hidden agenda to undo the progress we have fought so hard to achieve,” stated Johnson, the president of the NAACP, in an interview with ABC News.