Woods wants legal clarification on Georgia's 'divisive concepts' law

(The Center Square) — Following prolonged blowback on a decision to not approve an Advanced Placement African American Studies class, State School Superintendent Richard Woods said he wants clarification on the state's "divisive concepts" law.

The law, section 20-1-11, originated with state lawmakers' passage of House Bill 1084, which Republican Gov. Brian Kemp signed into law in April 2022.

Last week, Gwinnett County officials said the state notified them in January that a formal course request was required for districts interested in offering AP African American Studies in the 2024-25 school year. On July 10, Woods reviewed the district's revised framework and decided not to recommend the course's adoption, county officials said.

Amid the hullabaloo, Woods said an African American Studies course code has been in the state-funded course catalog since 2020, and districts using this course code will receive state funding. Additionally, the state superintendent said districts could teach some or all the AP African American Studies course standards under the state's existing code, and students could take the associated AP exam.

"After reviewing the content, it was clear that parts of the coursework did violate the law. As with most states with laws like Georgia on this issue that have raised concerns, the most glaring violation is on the topic of intersectionality," Woods, a Republican, said in a Wednesday statement. "There are additional areas of concern, but this topic raises the highest level of concern. If the Advanced Placement course had presented a comparative narrative with opposing views on this and other topics, an argument could be made that the course did not violate Georgia law.

"...Can a district use the AP African American Studies standards and framework as its accepted content for the state course? Yes," Woods added. "Under Georgia policy, a district may do this without the State School Superintendent's or the State Board of Education's approval. Students may take the associated AP test to possibly receive college credit. However, the content may be challenged at the local level for violating 20-1-11 if all of the AP course content is adopted."

Woods said there may be an exemption regarding course adoption for AP, international baccalaureate and dual enrollment college courses.

"Should the ruling reverse my decision, then I will follow the law," Woods said.

In a statement this week, Gwinnett County Public Schools Superintendent Calvin J. Watts said the system would "continue to advocate for the full approval of the AP African American Studies course statewide."

"We believe that access to rigorous coursework is beneficial in preparing every student for postsecondary success, and we remain committed to offering advanced course opportunities that represent the diverse interests of our more than 50,000 high school students," Watts said. "Withholding state approval for this AP course sends the message that the contributions and experiences of African Americans are not worthy of academic study at the same level as other approved AP courses."

A spokesperson for Kemp did not immediately respond to a request for comment.