State School Superintendent Richard Woods acknowledged Wednesday he did not recommend the Advanced Placement African American Studies course for Georgia schools because it violates the state’s divisive concept law enacted with the endorsement of Gov. Brian Kemp in 2022.

Some districts have said they will offer the course even if they must pay for it themselves.

House Bill 1084 was designed to deter schools from books and content that speak to race and racism. It was an effort by a conservative Georgia Legislature to embrace Florida Gov. Ron DeSantis’ playbook and limit any discussions that suggested racism still permeated America’s culture, policing and justice system.

The law lists concepts that cannot be taught in classrooms, including that one race is inherently superior, that the United States is racist or that people should feel uncomfortable because of their race.

Woods said today that parts of an AP African American Studies course — piloted for two years in Georgia and about to be offered in many more schools — violates 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. 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,” he said.

Intersectionality recognizes how individuals hold multiple identities and can face unique challenges at the intersections of those identities. For example, Black women can face both racism and sexism in the workplace.

Woods also warned districts that plan to offer the course that “the content may be challenged at the local level...if all of the AP course content is adopted.”

Woods said he is seeking legal clarification on the law, adding, “For me, this has always been about following the law. If I moved this forward for approval, I would break my oath of office and ask the State Board of Education and our local school districts to ignore the law.”

Georgia historian Michael Thurmond, who is also CEO of DeKalb County, said, “Although not stated, I presume that Superintendent Richard Woods has requested legal ‘clarification’ from the Georgia attorney general’s office. Good. I am hopeful that AG Chris Carr’s office will issue an opinion that will end this embarrassing, convoluted fiasco. Georgia’s public schools, taxpayers, parents, adult guardians and most importantly, our children deserved better.”

“I’ve read the course content too,” said former Georgia Teacher of the Year Tracey Nance. “I didn’t see anything that says Georgia/USA is inherently racist or that kids should feel guilt or victimhood. Like any primary sources or perspectives we read, they are all points of view… just like with the regular and AP U.S. History courses. For teachers, the idea has always been that we provide students access to multiple perspectives and teach students how to question, think critically, and form their own opinions.”

“If that logic is going to be applied, it should apply to any and all history courses. AP European History, AP World History, etc.,” said Atlanta teacher Rashad Brown, who taught the pilot classes for two years and now advises the College Board on the course.

No one is surprised that HB 1084 has delivered on its unspoken but intentional goal of preventing schools from covering the inhumanity of slavery or confronting the racism embedded in legal systems and policies.

“State officials’ continued refusal to approve the course discourages schools from offering a high-quality, interdisciplinary course that helps prepare students for other advanced courses and success in college — and engages students in honest conversations about this nation’s history,” said the Southern Education Foundation in a statement this evening. “As a nation, we should be focused on preparing our young people to thrive in diverse workplaces and keep America economically competitive.”

Here is Woods’ full statement:

To all, I wish to begin by apologizing for how I failed to effectively communicate my rationale for not recommending this specific course for approval to the State Board of Education. As an elected official, I owe all citizens of Georgia an explanation for any decision I make. To all our school districts, I apologize for any confusion that this may have caused as well.

At the completion of the mentioned course pilot year and the finalization of the course standards and framework, I was approached to either move the course forward for adoption or to not recommend. As this course had received much controversy over the pilot year concerning some content, I proceeded to read the complete course standards and framework. This was done to see if the course material violated Georgia law 20-1-11. This section of Georgia law deals with the topic of ‘Divisive Concepts' as was initiated in the originating legislation of House Bill 1084.

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. 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.

For me, this has always been about following the law. If I moved this forward for approval, I would break my oath of office and ask the State Board of Education and our local school districts to ignore the law.

Can students currently take a course on African American Studies? Yes. I passed an African American Studies course in 2020. Though not specific in content, districts have had the ability to offer this course to all students, not just those taking an AP class.

Can a district use the AP African American Studies standards and framework as its accepted content for the state course? Yes. 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.

Currently, I have asked for legal clarification as it pertains to 20-1-11. There may be an exemption as it pertains to course adoption for not only AP courses but also International Baccalaureate (IB) and dual enrollment college courses. Should the ruling reverse my decision, then I will follow the law.

Once again, I offer my deepest apologies for my communication error and pledge to take the necessary steps to ensure that it will not happen again.