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Montana top prosecutor bans critical race theory programs

HELENA, Mont. (AP) — Montana’s top prosecutor issued an opinion Thursday labeling critical race theory and some antiracism programs taught in schools as “discriminatory” and said they violate federal and state law.

Republican Attorney General Austin Knudsen’s decision bans the activities — which are also used for employee training — in the state. It came after Republican Superintendent of Public Instruction Elsie Arntzen requested earlier this month for Knudsen to weigh in on the issue.

Montana with the decision became the latest of several Republicancontrolled states to decry critical race theory as an attempt to pit racial groups against each other and teach that certain groups are responsible for injustices of the past. Supporters of the theory say it is a way to look at how race and racism have shaped the nation.

Knudsen’s binding opinion states that certain activities that fall under the umbrella of critical race theory teaching violate the U.S. and state constitutions.

Such activities include grading students differently based on race; forcing people to admit privilege or reflect on their racial identities; assigning fault, blame or bias to a race; and offering training or assignments that force students or employees to support concepts such as racial privilege.

Schools and government and public workplaces could lose state funding and could be liable for damages from lawsuits if they offer critical race theory training or activities, Knudsen’s office said in a statement.

“Committing racial discrimination in the name of ending racial discrimination is both illogical and illegal,” Knudsen said in a statement. “Montana law does not tolerate schools, other government entities, or employers implementing CRT and antiracist programming in a way that treats individuals differently on the basis of race or that creates a racially hostile environment.”

The attorney general’s office encouraged students and parents who believe they experience illegal discrimination under critical race theory programming to sue their schools directly or file complains with the U.S. Department of Education.


Samuels is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.

Iris Samuels, The Associated Press