Judge: Arkansas cannot prevent two teachers from discussing critical race theory in classroom

LITTLE ROCK — A federal judge has ruled Arkansas cannot prevent two high school teachers from discussing critical race theory in the classroom, but he stopped short of more broadly blocking the state from enforcing its ban on 'indoctrination' in public schools.

U.S. District Judge Lee Rudofsky issued a narrow preliminary injunction Tuesday evening against the ban, one of several changes adopted under an education overhaul that Republican Gov. Sarah Huckabee Sanders signed into law last year.

The prohibition is being challenged by two teachers and two students at Little Rock Central High School, site of the 1957 desegregation crisis.

In his 50-page ruling, Rudofsky said the state's arguments make it clear the law doesn't outright 'prevent classroom instruction that teaches, uses, or refers to any theory, idea, or ideology.'

His ruling prohibited the state from disciplining the teachers for teaching, mentioning or discussing critical race theory — an academic framework dating to the 1970s that centers on the idea that racism is embedded in the nation's institution. The theory is not a fixture of K-12 education, and Arkansas' ban does not define what constitutes critical race theory.

Rudofsky said although his ruling was narrow, it 'should give comfort to teachers across the state (and to their students) that Section 16 does not prohibit teachers from teaching about, using, or referring to critical race theory or any other theory, ideology, or idea so long as the teachers do not compel their students to accept as valid such theory, ideology, or idea.'

Rudofsky said his decision still would bar the teachers from taking steps such as grading on the basis on whether a student accepts or rejects a theory or giving preferential treatment to students on whether they accept a theory.

Both the state and attorneys for the teachers claimed the ruling as an initial victory in ongoing litigation over the law.

'We are very happy that the court has acknowledged that the plaintiffs have brought colorable constitutional claims forward,' said Mike Laux, an attorney for the teachers and students who filed suit. 'With this notch in our belt, we look forward to prosecuting this incredibly important case going forward.'

David Hinojosa, director of the Educational Opportunities Project at the Lawyers' Committee for Civil Rights Under Law — also representing the plaintiffs in the case — said the ruling 'has essentially gutted Arkansas' classroom censorship law to render the law virtually meaningless.'

Republican Attorney General Tim Griffin said the ruling 'merely prohibits doing what Arkansas was never doing in the first place.'

'Today's decision confirms what I've said all along. Arkansas law doesn't prohibit teaching the history of segregation, the civil rights movement, or

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slavery,' Griffin said in a statement.

The lawsuit stems from the state's decision that an Advanced Placement course on African American Studies would not count toward state credit during the 2023-2024 school year. The teachers' lawsuit argues the state's ban is so vague that it forces them to self-censor what they teach to avoid running afoul of it.

Arkansas is among several Republican-led states that have placed restrictions on how race is taught in the classroom, including prohibitions on critical race theory.

Tennessee educators filed a similar lawsuit last year challenging that state's sweeping bans on teaching certain concepts of race, gender and bias in classroom.

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Arkansas lawmakers adjourn session, leaving budget for state hunting, fishing programs in limbo

LITTLE ROCK — Arkansas lawmakers adjourned this year’s session without approving a budget for the Game and Fish Commission on Thursday, putting the state’s hunting and fishing programs in limbo if the Legislature doesn’t return for a special session by July.

The House voted 62-21 in favor of the agency’s appropriation, which gives it the authority to spend more than $175 million in state and federal funds, falling short of the 75 votes needed to pass the legislation. The Senate approved the bill earlier this month.

The vote creates uncertainty about whether the 636-employee agency that oversees the state’s hunting, fishing and conversation programs will be able to operate when the fiscal year begins July 1.

The commission, which issues hunting and fishing licenses, is primarily funded by a 1/8-cent sales tax approved by Arkansas voters in 1996.

“There’s 636 employees that work hard that we’ve got to think about,” Republican Rep. Lane Jean, who co-chairs the Joint Budget Committee, told the House before the vote.

“Sometimes you’ve got to put your personal grief, your personal vendettas, your personal pride aside and do what’s right for the whole.”

Thursday’s vote marks the first time in more than 20 years lawmakers have adjourned without approving an agency’s budget. Standoffs over agency budgets aren’t uncommon, including past fights over the state’s Medicaid expansion, but they’re usually resolved. Legislative leaders said they were confident the Game and Fish Commission would not shut down in July and expected its budget to get approved before then. The Legislature can only return if Arkansas Gov. Sarah Huckabee Sanders calls a special session. Spokeswoman Alexa Henning didn’t say whether the governor would call one but said “all options are on the table.”

The standoff over the agency’s budget stems primarily from objections to it proposing to raise the maximum salary of its director, Austin Booth, to $190,000 a year.

Booth is currently paid $152,638 a year.

Commission Chair Stan Jones told lawmakers in a letter that Booth had never requested a raise and that increase was proposed to be “proactive” and remain competitive in case of a future director search. Jones promised lawmakers in a letter that Booth’s salary would not be increased to more than $170,000.

But that didn’t allay opponents who complained the bill wasn’t taken up earlier in the session.

“We’re now put in this situation of emotional blackmail,” Republican Rep. Robin Lundstrum said. The House vote frustrated Senate leaders, who moments later passed an amended version of the legislation capping Booth’s maximum salary at $157,216. It was a mostly symbolic move since the House had already adjourned. “There will be a lot of concern from the people of Arkansas, which is why we stayed here to do anything we could to end up getting this budget passed,” Senate President Bart Hester told reporters.