Over the past several years, many states have introduced a whirlwind of “restrictive” legislation targeting issues surrounding race, sex and gender in both K12 and higher education. It’s K12, however, that bears the brunt.
That’s according to a new analysis from The Washington Post, which sheds light on more than 2,200 bills, policies, directives and rules introduced around the nation since 2017. The Post considers these laws as restrictive since they directly affect how K12 schools and higher education institutions can teach and discuss topics related to race, racism, history, sex and gender.
According to their review, some three-fourths (38 states) of the nation have adopted some law that either requires more teaching on one of these topics or forbids such instruction.
“The restrictive laws alone affect almost half of all Americans aged 5 to 19,” the analysis reads.
Among the 114 laws in total, 66% enact bans or restrictions while the remaining 34% either require or expand such teachings. Here are a few examples.
In Kentucky, a law was passed in 2023 that bans instruction on human sexuality before the fifth grade and forbids any teaching on “exploring gender identity.” In contrast, Rhode Island’s 2021 passage requires all students to learn “African Heritage and History” before they graduate high school.
A vast majority (100 of the 114) of them are specific to K12 schools, too. This isn’t surprising given that states have more influence on school curricula. As for higher education, the laws instead focus more on college programs such as diversity or faculty training.
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Jonathan Zimmerman, a professor at the University of Pennsylvania who studies education history and policy, told The Washington Post that the controversy surrounding what teachers can and can’t discuss isn’t new. However, we’ve never seen states take such an aggressive approach as we do now.
“What the laws show is that we have extremely significant differences over how we imagine America,” he told The Post. “State legislatures have now used the power of law to try to inscribe one view, and to prevent another. And so we’re deeply divided in America.”
Here’s some additional data the post collected that reflects how these policies took shape and how they work:
Timeline of legislation
2021: 14 expansive laws; 26 restrictive laws enacted
2022: 6 expansive laws; 19 restrictive laws enacted
2023: 7 expansive laws; 25 restrictive laws enacted
2024: 2 expansive laws; 4 restrictive laws enacted
Between 2017 and 2021, 10 expansive laws were implemented.
Breaking down restrictive laws
Among the total restrictive laws enacted since 2017, 12% set an age limit for certain teachings. Additionally:
- 13% bar critical race theory or diversity, equity and inclusion
- 37% allow for parental control
- 37% restrict race and sex concepts
Breaking down expansive laws
On the other hand, 10% of the laws that require such teachings add ethnic studies to their state’s curriculum. Furthermore:
- 13% require culturally relevant lessons and training
- 21% add Black history
- 56% add minority studies
