OKLAHOMA CITY 鈥� A federal appeals court has upheld and limited the interpretation of a controversial Oklahoma law impacting public school teaching on race and gender.

In a split Wednesday, the Tenth Circuit Court of Appeals decided House Bill 1775 appropriately bars Oklahoma public schools from teaching certain discriminatory concepts as if they are facts. The decision overturned a from a U.S. district judge in Oklahoma City federal court, who had blocked a few portions of the law for vagueness.

A group of Oklahoma students, teachers, college professors and activists who sued to overturn the 2021 law contended HB 1775 is overly vague and unconstitutionally censors classroom discussions. 

The law prohibits schools from requiring or making part of a course concepts such as one race being superior to another race, that individuals bear responsibility for past actions by others of their race or sex, and that students should feel discomfort or guilt over their race or sex.

Schools face a downgrade to their accreditation and teachers risk a certification penalty for violating HB 1775.

To violate the law, a teacher would have to present the banned concepts as fact, Tenth Circuit judges Gregory A. Phillips and Harris L. Hartz decided in their majority opinion.

鈥淎part from any prohibited racist or sexist editorializing, teachers remain free to instruct about historical or popular issues, and students remain free to draw their own conclusions,鈥� Phillips wrote.

The third member of the three-judge appellate panel, Nancy L. Moritz, said the law should have been struck down 鈥渋n full.鈥� The majority opinion 鈥渋mpermissibly rewrites the statute鈥� to clarify an unconstitutionally vague law, she wrote in her dissenting opinion.

The text of HB 1775 doesn鈥檛 specify that to violate the law educators must endorse a prohibited statement, Moritz wrote. Teachers could unintentionally make a banned concept part of a course 鈥渢hrough discussion, by responding to questions, and in myriad other ways, any of which could violate the law,鈥� she wrote.

Attorneys on both sides of the case celebrated the Tenth Circuit鈥檚 majority opinion.

The American Civil Liberties Union, representing the plaintiffs, said the judges鈥� narrow interpretation of the law means HB 1775 no longer impedes inclusive classroom discussions on race and gender.

鈥淥klahoma students deserve a nuanced education of race, gender, and American history,鈥� ACLU of Oklahoma legal director Megan Lambert said. 鈥淭his ruling narrowed Oklahoma鈥檚 censorship law out of existence by interpreting it to only prohibit educators from affirmatively encouraging discrimination.鈥�

Attorney General Gentner Drummond, whose office defended the law, called the decision a first-in-the-nation appellate victory.

鈥淭his is a significant win for Oklahoma and affirms a simple principle: every Oklahoma student deserves to be treated as an individual, not defined or divided by race or sex,鈥� he said. 鈥淥klahoma teachers do important work every day, and the court has given them clarity to keep doing it well.鈥�

With the Tenth Circuit decision on the preliminary injunction entered, the case now returns to Oklahoma City federal court.

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Oklahoma Voice maintains editorial independence. Contact Editor Janelle Stecklein for questions: info@oklahomavoice.com.

A Philadelphia group wants schools to focus more on being places of joy as a way to overhaul the culture in district schools, and it鈥檚 relying on parents and community voices for help.

Lift Every Voice, the organization behind this year鈥檚 Joy Campaign, is backing the creation of a to bolster access to recess, the arts, counselors, and the district鈥檚 program to bolster student mental health known as the Support Team for Educational Partnership. The blueprint would also create a Chief of Joy position in the district; in June, the City Council a resolution in Philly schools. The group says this approach to budgeting and community input is crucial for reducing things like disparities in student discipline.

The district has its own federally funded restorative justice program that focuses on student empowerment and engagement. But Lift Every Voice wants its work to be broader by auditing whether collective punishments like enforced quiet times and limited recess in schools contribute to inequities and an anti-Black environment. Parent surveys conducted by Lift Every Voice from earlier this year show that student mental health and school climate and environments are still major concerns that the district must address, the group says.

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Ultimately, it

鈥淭he school system is a closed system that doesn鈥檛 want to be told what to do and we鈥檙e starting to force them to come to grips with our voice that鈥檚 not going away,鈥� said Wes Lathrop, Lift Every Voice鈥檚 organizing director.

Councilmember Kendra Brooks, who co-sponsored the June resolution, sees the campaign as a way to help schools embrace cultural differences, and as a way to to reduce disparities and biases, including those held by adults.

鈥淲e have to find a way to embrace the model and make it part of the normal cultural norms,鈥� Brooks said. 鈥淎 project we鈥檙e taking on has to be embedded. The only way we do that is consistency and sustainability, and oftentimes we haven鈥檛 seen that.鈥�

Lathrop sees community involvement in restorative justice as a two-way street, pointing to the importance for all citizens of having students who are well-prepared for the job market and post-graduation life: 鈥淧arents can be a real guiding powerful force to really shape the future of the district.鈥�

Susan McLeod, a Philadelphia public schools parent, got involved with Lift Every Voice because of issues her child was facing. She feels crucial decisions are made in the district without any parent involvement, such as announcements of district school closures more than 10 years ago that took her completely off guard. The group has helped her feel empowered on her own and her child鈥檚 behalf.

鈥淚t鈥檚 important for us to lay this foundation for our kids to have a better learning experience as young as elementary school,鈥� McLeod said.

Racial disparities in student discipline represent one particular concern. The district has adopted practices rooted in restorative justice, an approach to discipline that emphasizes conflict mediation between students and other forms of resolving conflicts as alternatives to student suspensions and expulsions.

Overall suspensions have declined in Philadelphia public schools recently: The percentage of students with at least one suspension in a school year has dropped from about 11.5% in 2013 to about 5.7% in 2023. But over that same period, Black and Hispanic students were suspended at higher rates relative to their total enrollment than white students, according to data from the .

The district鈥檚 Relationships First initiative started in 2019 and expanded in 2023 to include more schools. It鈥檚 focused on developing students as leaders in restorative justice efforts and trains teachers to guide students in that work.

鈥淔olks have the opportunity to engage in restorative conversations 鈥� and to be able to provide alternatives to suspension across the entire district,鈥� said Luis Rosario, assistant director of school climate and culture for the district. 鈥淚 do think it鈥檚 a testament to the leadership of our school district to move in that direction.鈥�

These efforts dovetail with another led by Healing Futures. Healing Futures is operated by the nonprofit Youth Art & Self-Empowerment Project that receives case referrals from the Philadelphia District Attorney鈥檚 office in place of a legal charge. In programs that last a minimum of eight weeks with mentor participation, students attend weekly discussions about their values and community and how to take accountability for the harm created by the student鈥檚 actions.

鈥淲e want to make sure that as many different perspectives of a situation can come into the room and offer their insight and support collectively,鈥� said Hanae Mason, who is shadowing Healing Futures as part of her work as a to improve systems serving youth.

Building students鈥� agency and perspective can take different forms and lead to various outcomes.

Mary Libby, former principal at what鈥檚 now the Marian Anderson Neighborhood Academy, worked to introduce restorative justice practices and noticed students taking on more responsibility after formal restorative sessions. Students led the push when in honor of singer and local civil rights activist Marian Anderson, Libby said.

鈥淚n order for us to collectively move forward in a restorative and inclusive way, we need to trust and let the kids lead that process,鈥� Libby said.

Malachi Grogan, an incoming seventh grader at Anderson who helped lead efforts to change the school鈥檚 name, is proud of the trust he has created with his peers where he can now lead restorative or cooling conversations.

鈥淚f we talk about it then we can get to know how people are feeling,鈥� Grogan said. 鈥淎nd if we don鈥檛 know how people are feeling, how are we supposed to help them?鈥�

Correction, Aug. 8, 2024: This article has been updated to clarify that Healing Futures is not led by the district attorney鈥檚 office, but is part of the nonprofit Youth Art & Self-Empowerment Project. It receives case referrals from the district attorney鈥檚 office but is not part of city government.

This was originally published by Chalkbeat. Chalkbeat is a nonprofit news site covering educational change in public schools. Sign up for their newsletters at .

But in a moment of d茅j脿 vu, 7,339 of those Title IX complaints were filed by a single person 鈥� the same one who directed 6,157 similar claims to OCR in 2016, according to the civil rights office, which declined to name the filer, citing privacy rules. That person would have had to file an average of 20 complaints a day 鈥� or nearly one an hour 鈥� in 2022.

鈥淭his individual has been filing complaints for a very long time with OCR and they are sometimes founded,鈥� Catherine Lhamon, the department鈥檚 assistant secretary for civil rights, told 社区黑料. 

She noted anyone can file a complaint for any perceived violation.  

鈥淚t doesn’t have to be about their own experience,鈥� Lhamon said. 鈥淭here’s not a lot I can tell you about the person.鈥�

In , the office received 18,804 complaints, the highest number in its history and a figure that exceeds by 12% its previous record of 16,720 set in . Lhamon has talked on multiple occasions about how is straining its limited resources, with 2022鈥檚 being particularly challenging. 

鈥淲e investigate every complaint over which we have jurisdiction,鈥� the assistant secretary told 社区黑料. 鈥淪o the 7,339 complaints from that single individual last year took a very substantial amount of time for my staff.鈥�

And while Lhamon did note her office has found in the complainant鈥檚 favor in the past, she didn鈥檛 immediately know how often or if this happened in 2022. 

In 2016, the more than 6,000 complaints filed by that same individual alleged discrimination in school athletic programs, according to the civil rights office. Fiscal year 2022 followed much the same pattern when the office logged 4,387 allegations of Title IX discrimination involving athletics. 

One complaint could include more than one type of alleged Title IX violation, encompassing, for instance, both athletics and gender harassment. 

The 2022 athletics-related claims far outpaced the 1,030 related to sexual or gender harassment or sexual violence. The figure also swamps similar claims from when just 2,093 complaints included Title IX-related claims 鈥� with just 101 focused on athletics. More than 500 cases concerned sexual or gender harassment or sexual violence that year. 

Some wonder about the type and validity of complaints filed by one person. 

鈥淲hen you see that almost 80% of Title IX complaints filed with the Education Department were filed by a single person 鈥� and this person filed nearly 8,000 complaints in a year 鈥� it raises questions about whether at least some were filed in bad faith,鈥� said Elizabeth Tang, senior counsel at the National Women鈥檚 Law Center. 

It鈥檚 possible too, Tang said, that the uptick can be a response to increased awareness about student鈥檚 rights. It might also reflect a perception that the Biden administration is more receptive to these complaints than the prior one which, under the leadership of former Education Secretary Betsy DeVos, looked to roll back more stringent investigations of campus sex assault and discriminatory discipline claims.

Liz King, senior program director of education at The Leadership Conference on Civil and Human Rights, said she hopes greater awareness is at work, but is concerned about ongoing and possibly increased civil rights violations against students. 

“Any single instance of discrimination is one instance too many,鈥� she said, adding that the civil rights office does not have the staff to meet the task it鈥檚 been given. 

The surge in complaints comes at a time when the agency faces significant challenges: It shrank from nearly 1,100 full-time equivalent staff in FY 1981 to 546 last year and is dealing with a host of issues that reflect by the pandemic.

Biden, in his March budget address, sought 鈥� to $178 million 鈥� for the civil rights office to meet its goals. Lhamon, whose 2021 confirmation Senate Republicans tried to block, said she鈥檚 grateful for the president鈥檚 support and hopes Congress approves the increase. 

Race, color, or national origin discrimination claims made up 3,329 of all complaints received in FY 2022, according to the civil rights office鈥檚 annual report, which was released last week. That鈥檚 up from 2,399 the year prior. Disability-related complaints comprised 6,467 of the total compared to 4,870 in FY 2021.  

At the same time, age discrimination claims, which made up 666 complaints in the most recent report, were down from 1,149 the prior year. The office notes the majority of these claims were also filed by a single person in both years.

The civil rights office fielded 8,934 complaints in FY 2021 and more than 9,700 the year before that, according to its annual reports. 

Lhamon said a number of cases this year involved the LGBTQ and transgender community, a student population that has become the focus of hostile legislation in multiple conservative states. The complaints can cover a wide swath of issues, she said, from the prohibition of same-sex prom kings and queens to a school鈥檚 refusal to allow an LGBTQ student group to form on campus. 

鈥淚t could be that students are not allowed to use the bathroom consistent with their gender identity or are not allowed to play on a particular sports team,鈥� she added. 

The first resolution agreement crafted by her office on behalf of a transgender student was in 2013: It developed fewer than 20 such agreements for these children in FY 2022, Lhamon said. 

Among the allegations made against schools, the civil rights office found in April 2022 that Chino Valley Unified in California violated Title IX by failing to properly respond to a complaint of sexual harassment of students on a high school athletic team. 

This included the 鈥渧ideotaped assaults of teammates, students forcibly physically overpowering other students and sharing photos of their genitals among the team and on social media, and students placing their genitals on and near other students鈥� faces and bodies.鈥�

The response from district administrators and coaches failed to end the behavior. According to the office, Chino Valley agreed to reach out to all former athletes from the offending school鈥檚 fall 2017 team and offer counseling services or reimbursement for such services.

It also was made to conduct a climate survey of the school鈥檚 athletics teams and train district leaders, school administrators and coaches about their responsibilities for responding to such claims. 

In another case, this one involving the San Juan Bautista School of Medicine in Puerto Rico, OCR found the school failed, over the course of several years, to investigate a student鈥檚 report that another student sexually assaulted her. 

The office concluded that the school鈥檚 procedures for resolving sexual harassment complaints did not comply with Title IX. As a result, it agreed to conduct the investigation, reimburse the complainant for some coursework, train employees and align its grievance procedures with the law. 

In a third case, Tamalpais Union High School District in California was faulted by OCR for failing to investigate allegations that a transgender student was harassed about her appearance, voice, body, name and pronouns. 

The office found in June the district鈥檚 inadequate response allowed for a hostile environment for the student. The district agreed to reimburse the student and her family for counseling costs and review its policies and procedures among other measures.