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Top Georgia education official says legal clarity means state funding can be restored for AP African-American Studies course

Georgia School Superintendent Richard Woods had previously determined that funding the course would run afoul of the state's 2022 'divisive concepts' law.

ATLANTA — Georgia's top education official has reversed his position on funding for the AP African-American Studies course, saying he now has legal clarity from the Georgia Attorney General's Office on how to apply Georgia's 2022 "divisive concepts" education law.

Georgia State School Superintendent Richard Woods had last month pulled funding for the AP African-American Studies course, saying he believed approving the AP course would violate his oath of office and the law, in part because of the course's section on intersectionality .

RELATED: Decision to defund AP African-American Studies course in Georgia met with controversy

That decision led to the class being dropped in many school districts. In 2022, Georgia lawmakers passed a ban on teaching divisive racial concepts in schools, prohibiting claims that the U.S. is “fundamentally or systematically racist,” and mandating that no student “should feel discomfort, guilt, anguish, or any other form of psychological distress because of his or her race.”

But in a release Wednesday, Woods said the office of Georgia Attorney General Chris Carr had completed a "clarification process" and shared its results.

Woods' release stated:

It has been determined that this law shall not restrict local school systems from adopting any AP, IB, or dual enrollment course. Each such course will be exempted from the provisions of the divisive concepts legislation, so long as these courses are implemented “in a professionally and academically appropriate manner and without espousing personal political beliefs.”

Thus, any such course developed by its controlling entity will be automatically adopted within the state-approved course catalog. It will not have to receive a recommendation from either the State School Superintendent of Georgia or the Georgia State Board of Education. It will also not require a vote to approve or deny adoption into the state-approved course catalog.

As I have said, I will follow the law. In compliance with this opinion, the AP African American Studies course will be added to the state-funded course catalog effective immediately.

Woods added that a disclaimer will now be added to all AP courses incorporated into the state catalog.

That disclaimer reads: Advanced Placement (AP) courses and their instructional frameworks and curriculum are solely owned and endorsed by the College Board. The contents of these courses have not been reviewed or approved by the Georgia Department of Education. As with any curriculum, school districts should use a process for reviewing, approving, and adopting AP courses and instructional frameworks that engages students, parents, educators, and community stakeholders. Curricula and training should abide by state and local policies, including House Bill 1084 – which requires that the curriculum of exempted AP courses be implemented in a professionally and academically appropriate manner and without espousing personal political beliefs.

The decision to cease funding for AP African-American Studies had blindsided educators right ahead of the new school year.

"We're not trying to be divisive," Georgia Federation of Teachers Verdaillia Turner said. "We are trying to make sure the truth and nothing but the truth is taught. There are teachers that prepare to be AP instructors. They get paid a little extra, study a whole lot harder. They do a whole lot of hard work, so this is a disservice to them and a disservice to the community at large.”

After that initial outcry and a letter from Gov. Brian Kemp raising questions about the decision over funding, Woods' office softened its stance and said the state could pay for the course as long as districts used a code linked to an existing state-approved course in African American studies.

The College Board, a nonprofit testing entity, offers Advanced Placement courses across the academic spectrum, including in math, science, social studies, foreign languages and fine arts. The courses are optional and taught at a college level. Students who score well on a final exam can usually earn college credit.

Sara Sympson, a spokesperson for the College Board, said 33 Georgia schools piloted the African American Studies course in the 2023-2024 academic year. Many schools assumed they would be offering the finalized version of the course this year.

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