Georgia school superintendent says parts of AP course violate law

Top education official says AP African American Studies may run afoul of ‘divisive concepts’ law.
State School Superintendent Richard Woods speaks at a 2022 event in Savannah. Woods released a statement Wednesday saying the AP African American Studies course may violate state law and he is seeking a legal review of the matter. (AJC Photo/Stephen B. Morton)

Credit: Stephen B. Morton for The Atlanta Journal Constitution

Credit: Stephen B. Morton for The Atlanta Journal Constitution

State School Superintendent Richard Woods speaks at a 2022 event in Savannah. Woods released a statement Wednesday saying the AP African American Studies course may violate state law and he is seeking a legal review of the matter. (AJC Photo/Stephen B. Morton)

State School Superintendent Richard Woods released a statement Wednesday that said parts of the College Board’s Advanced Placement African American Studies course he did not recommend for statewide approval “did violate the law.”

Woods said the course violated House Bill 1084, which restricts teaching of “divisive concepts” and became state law in 2022.

“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 said. “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.”

The College Board’s course description defines intersectionality as “a framework for understanding the distinct experiences of Black women through the interactions of their social, economic and political identities with systems of inequality and privilege.”

The AP course may make districts susceptible to challenges at the local level, Woods said. However, he said he’s also asked for legal clarification if there is an exemption for AP and other college-level coursework.

The divisive concepts law states that it may not “prohibit the full and rigorous implementation” of required elements of Advanced Placement, International Baccalaureate or Dual Enrollment coursework. It also states teaching in these courses must happen in a “professionally and academically appropriate manner and without espousing personal political beliefs.”

The law drew sharp opposition from Democrats as it progressed through the Legislature. Woods’ decision about AP African American Studies has also drawn strong reaction from elected Democrats and activist groups, with some saying an advanced course about Black history and culture has been singled out.

“I’ve read the course content too,” former Georgia Teacher of the Year Tracey Nance said in an email after Woods’ latest statement. “I didn’t see anything that says Georgia (or the United States) 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.”

The College Board released a statement Wednesday saying the course is designed “to ensure that students develop the ability to assess the credibility of sources, draw conclusions and make up their own minds. AP students are expected to analyze different perspectives from their own, and no points on an AP Exam are awarded for agreement with a viewpoint.”

Woods’ statement included an apology for causing confusion in the aftermath of his decision, which went public last week and sparked a rally at the state Capitol, and questions from the governor and Gwinnett County, the state’s largest school district, which canceled the course for the upcoming school year.

Gwinnett Superintendent Calvin Watts said in a statement late Tuesday that the district wants full approval of the course statewide and his team remains in contact with Woods’ team and the Georgia Board of Education in hopes that its decision will be reversed.

Woods has said districts can essentially teach AP African American Studies even if there’s not a state-approved course. Districts could offer the existing African American Studies course and load it with other AP content so students can prepare for the exam and potentially receive college credit. That would also allow the course to receive state funding — the Atlanta and DeKalb school districts have previously said they will offer the course using local funds.

But Gwinnett, the only district to say Woods’ choice is their reason for not having the class, said that solution is unsatisfactory. Because of how courses are coded, district leaders said students enrolled in a non-AP course cannot get the AP boost on their transcripts when being considered for HOPE and Zell Miller scholarships. “We don’t want our students taking an Advanced Placement course they can’t receive all the rewards for,” Deputy Superintendent Nikki Mouton has said.

Gwinnett and some critics have also said the state’s solution to offer the non-AP elective is problematic.

“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,” Watts said in Tuesday’s statement.

The Georgia Student Finance Commission confirmed Gwinnett’s understanding of course codes and credits. Spokeswoman Hayley Corbitt said the commission relies on the list of state-funded courses to identify courses for inclusion in the HOPE Scholarship grade-point average calculation and to identify AP, IB and Dual Enrollment for purposes of adding mandated additional course weight.

Because Woods didn’t recommend it, the AP course is not on the state-funded course list so the class would likely have to be listed as the less rigorous state version on student transcripts.

The state Department of Education previously said districts control how college-level courses are credited, but the department has not yet addressed the information from the finance commission. A DeKalb County School District spokesman said Wednesday, “We anticipate further guidance from the Georgia Department of Education,” and reaffirmed plans to offer the AP course.

Staff writer Maureen Downey contributed to this article.