Temecula Valley USD's Critical Race Theory Ban 'Halted': What To Know

TEMECULA, CA?The Temecula Valley Unified School District Governing Board must once again allow discussions related to Critical Race Theory inside classrooms, at least temporarily, according to a new ruling from the 4th Appellate District. The panel of judges, led by Justice Kathleen E. O'Leary, recently ruled that the board's policies are "unconstitutionally vague" and incite "fear" of retribution among teachers and students in the classroom.

Academics say the decades-old theory of Critical Race Theory, also known as CRT, argues race is a social construct, and that racism is not just individual biases and prejudices, but something that's institutionalized in legal systems and policies. The theory maintains that racism and discrimination are embedded in everyday life, so people of all colors subconsciously make choices that can fuel biases. Though CRT has not been a part of the TVUSD curriculum, many teachers contend in the complaint that the topics of racial injustice, prejudice, and discrimination often come up during history and literature lessons.

Still, the spotlight on this subject began at a board meeting in December 2022. At that time, the campaigns of all three conservative board members were backed by the Inland Empire Family PAC, which worked "to stop the indoctrination of our children by placing candidates on school boards who will fight for Christian and conservative values." The original ruling stated that CRT was "an ideology based on false assumptions about the United States of America and its population; is a divisive ideology that assigns moral fault to individuals solely on the basis of an individual's race and, therefore, is itself a racist ideology; assigns generational guilt and racial guilt for conduct and policies that are long in the past." The resolution also stated that the theory "or other similar frameworks will not be used as a source to guide how topics related to race will be taught" in TVUSD schools.

Trial court Judge Eric Keen originally decided that the district's resolution "set out specific elements that can't be taught." Since then, teachers, parents, and educational professionals in Temecula Valley have vehemently disagreed. After the ban, Temecula Valley Educators Association, parents, teachers, and students sought an injunction to block the school board's policies, citing intimidation and confusion regarding what could and could not be discussed in a classroom setting.

As it now stands, CRT will be allowed back inside the classroom, allowing teachers, like TVUSD high school English teacher Jennifer Scharf, to return to teaching Toni Morrison?s Beloved, or other similar novels that she says cannot be properly taught "without talking about racial oppression and its lasting impacts.? Something she stated in the original complaint that she was unable to do "in order to comply with the district's "vague definition of ?[CRT].?"

According to the appellate court's ruling, "teachers are torn between providing students with lessons that meet state requirements and complying with the Resolution," O'Leary wrote. Some educators stated they struggled to "answer students' questions openly" on topics of slavery, labor exploitation, anti-Asian exclusion movements, and civil rights for fear of violating the district's Resolution, the document states. "Unsure of what conduct is prohibited and fearful of arbitrary enforcement, teachers are erring on the side of caution and self-censoring."

O'Leary called the original district resolution "a divisive ideology that assigns moral fault to individuals solely on the basis of an individual's race, and therefore, itself, a racist ideology."

The judges wrote that the initial court ruling was "unconstitutionally vague because it employs ambiguous language, lacks definitions, is unclear in scope, is seemingly irreconcilable with state-mandated educational requirements, and contains no enforcement guidelines.

On Monday, a Temecula Valley USD attorney, Julianne E. Fliescher, released a statement to the Los Angeles Times, saying:

?Although we are disappointed with the court?s decision, we remain committed to defending the constitutionality of Temecula Valley Unified School District?s actions,? Fleischer wrote. ?Critical race theory and its offshoots have no place in public institutions that are meant to serve all individuals equally. These ideas promote division, resentment, and a distorted view of history that punishes students and staff based on skin color rather than character.?

Meanwhile, though the appellate court decided the issue was a moot point in their reversal, litigation on the issue of CRT in Temecula classrooms continues.

According to O'Leary's statement, "the record does not show there is a new (CRT) policy in effect, nor does it show us the text of a proposed future policy. We presume the Board will act in good faith and follow the law."

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