Understanding the Difference Between Critical Race Theory (CRT) and Educational Equity.
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Understanding the Difference Between
Critical Race Theory (CRT) and Educational Equity.
What You Need to Know
School Committees throughout Massachusetts are becoming aware of the emergence of Critical Race Theory
(CRT) as a matter of controversy. Public meetings have become a forum for critics of and advocates for the inclu-
sion of race as an element of curriculum and instruction, but many educators, parents, and students have not had
a thorough explanation of the issue. Some School Committee meetings have included public comments and
even demonstrations related to CRT, creating for some stakeholders and members of the public confusion about
what CRT is, what it isn’t, and how our pursuits of educational equity, diversity in public education, and inclusion
of people, issues, and philosophies are impacted.
First, let’s consider what critical race theory is and what it is not:
What it is
Critical race theory (CRT) is a framework and/or ana-
lytical tool primarily used in university-level courses.
Originating in the 1970s, CRT was first used as a way
What it isn’t
Critical race theory (CRT) is not part of social
to help law students think critically about the impact of
studies curriculum and has never been part of
historical and present-day racism on the legal system. In
social studies curriculum frameworks in Massa-
the 1990s, some colleges of education also started in-
chusetts.
corporating CRT into their coursework to help aspiring
school administrators and teachers better understand
inequities in the context of education.
Massachusetts has a comprehensive curriculum framework for social studies that has been widely praised for its
breadth and balance. Anyone can access the frameworks at the web site of the MA Department of Elementary and
Secondary Education. Of course, teaching social studies and history will at times require discussion about historic
instances of racism or scenarios where race was an important factor. This, in turn, often prompts students’ questions
and requests for additional discussion on how some elements of history continue to play out in our communities.
Massachusetts teachers, as do their colleagues across the country, have experience and expertise in managing these
conversations.
And finally, as media channels and members of the pub- commonplace in K-12 education as many districts re-
lic are confusing some key terms, it’s important to note visit and renew their local efforts to close achievement
that the terms critical race theory and educational equity gaps as required by Every Student Succeeds Act (ESSA).
are not the same and shouldn’t be used interchange- ESSA further advanced equity in US education policy by
ably. upholding important protections outlined in NCLB. At
the same time, it granted flexibility to states in exchange
Unlike CRT, which is a tool primarily used in institutions for rigorous and comprehensive state-developed plans
of higher education, educational equity is a K-12 term designed to close achievement gaps, increase equity,
referring to federal and state policies and requirements. improve the quality of instruction, and increase outcomes
Specifically, the term is closely associated with “No Child for all students.
Left Behind” (NCLB) legislation that was led by former
President George W. Bush and signed into law in 2002. MASC established a new division for DEI (Division X)
This watershed moment in US education policy estab- which is open to all members interested in working on
lished clear requirements for school districts to disag- diversity, equity and inclusion. We have held, and will
gregate achievement data by student groups as a way to continue to hold division meetings, Friday Learning
address and close achievement gaps. Lunches, and state conference sessions on DEI. We hope
you find this information helpful as questions arise about
Additionally, in recent years, the terms equity work this topic.
over
or diversity, equity, and inclusion (DEI) have become
Engaging in an open dialog on School committees leading the
critical issues in turbulent times discussion on critical issues
Across the country, school committees (called MASC and our federation colleagues in the National
school boards in most states) have started to ad- School Boards Association have urged school com-
dress both Diversity, Equity and Inclusion and mittees to be “the place with the table” on matters of
Critical Race Theory. CRT, in particular, has become public education and community engagement.
a controversial matter in these highly politicized Some of the most effective strategies include:
times.
• Leadership of an engaged chair and collabo-
As is the case with most public policy and educa- rating board colleagues to personify civility and
tional issues that are controversial, discussions respect and to keep a meeting from getting out of
attract the thoughtful, passionate, or even outraged control.
constituencies.
• Establish as a school committee your mission and
In the past several years in Massachusetts, we have vision statement that commits to the democratic
seen in-person and virtual meetings overwhelmed process, thoughtful discussion, and the safety and
by demonstrations, public commenters, chat room security of students and families.
writers, bloggers, and other social media users over
• Using public meetings as forums for dialog and
several issues. For example:
inviting dissent and discussion in doing so.
• Collective bargaining disputes that draw
• Explaining the importance of fact-based, respect-
people to meetings and, in at least one
ful, and ongoing discussions that permit all per-
case, forced a public meeting to adjourn.
spectives.
• Student safety or alleged abuse.
• Utilizing well tested strategies and expert staff
• Expediting the return to in-person learning to resolve conflict. These strategies often involve
or, conversely, for more remote options. different sides of the arguments to be present at
• Disputes over the continued mandate to the same time.
wear masks in school. • Securing the safety of places for discussion to
• Vaccinating students and staff. ensure that no one is harmed in the process.
• Opposition to critical race theory by those • Protecting the privacy rights of faculty, students
who believe that CRT is embedded in the and families.
curricula and pose a threat to the education • Allowing even the unpopular ideas to be ex-
of their children. pressed in the interest of preserving the democrat-
School Committees wrestle with the best strategies ic process.
for maintaining civility, open dialog, and order to • Inviting experts to represent the factual back-
help them pursue the best way to do their work ground of the issues at hand.
promoting student achievement.
• Engage civic leaders to participate in supporting
the public schools and their mission.
We will all continue to explore the best ways to keep
thoughtful discussions going, promote principled
MASC is grateful for the assistance of our school
dissent, and disagreement that informs public de-
board association colleagues across the country for
bate.
providing information and guidance for this docu-
ment.
Massachusetts Association of School Committees • One McKinley Square, Boston, MA 02109
www.masc.org • 617-523-8454
MASC Bulletin www.masc.org
July 2021 v.55 n.2
Massachusetts Association of School Committees
Supreme Court Finds School MASC Summer
District Violated First Amendment Institute: Esser $$$.
for Off-Campus Speech Equity. Efficacy. Cost
The following update was compiled and social media were all decades in Efficiencies
by members of the MASC Council of the future and few could even imagine
School Attorneys. It is for informational how a student’s speech made from a
Register
purposes only and should not be con- location outside the “schoolhouse gate”
now!
sidered legal advice. – “off campus” – could nonetheless per-
meate the school community and affect
www.masc.org
More than 50 years ago, the Su-
preme Court issued a landmark deci- other students. For the past two decades,
sion regarding student speech rights. In the lower courts have wrestled with the
Tinker v. Des Moines Indep. Communi- task of applying Tinker to a culture in
ty Sch. District, 393 US 503 (1969), the which student speech increasingly takes
Court made its famous pronouncement place through electronic media used in
that students do not “shed their consti- remote locations.
tutional rights to freedom of speech or
expression at the schoolhouse gate.”
Recognizing the need for discipline
On June 23, 2021 the Court finally
applied Tinker to the digital age in
Mahanoy Area Sch. District v. B.L., No.
J oin your colleagues and other
school leaders on Saturday, July
17 for a critical issues program
and a focus on learning in schools, 20-255 (2021). The decision is important designed to help school commit-
the Court identified two circumstances but, not surprisingly, precise guidance tees prepare for the unprecedented
in which regulation/discipline would for lower courts and for school districts social/emotional and financial
be appropriate: (1) where a student’s is limited. The case decided by the Court challenges districts will confront as
speech causes “material and substan- involved one student’s post on Snapchat. they plan for post-pandemic school
tial disruption” of the school, and (2) It took place at a remote location, did reopenings.
where the speech “infringes or inter- not target any specific students or school The program is being held at the
staff, and was limited to a vulgarity- Marriott Courtyard in Marlboro be-
feres with” the “rights” of others.
ginning at 8:00am (registration) and
In 1969, the internet, cell phones continued on page 3
concluding at noon.
The opening session (8:45-
Board of education approves vocational 10:15am), presented by practitio-
ners from the Center for Optimized
school admission changes Student Support at Boston College’s
Over the objections of advocates who said the changes did not go far enough, Lynch School of Education, will offer
the state board of Elementary and Secondary Education approved at their June insights on how districts can put in
place evidence-based models of
22 meeting new regulations aimed at creating more equity in admissions to voca-
student support to help address the
tional high schools.
disruptive effects of the pandemic on
The changes come after years of concern that vocational schools were shutting
students social/emotional and aca-
out black and Latino students, English language learners and other disadvan- demic well-being. Learn how these
taged groups through their use of selective admission criteria that weigh student “wrap-around services” can support
grades, attendance, and discipline history. the whole child and improve out-
According to the new regulations, vocational schools cannot use any admis- comes for students and their families.
sions criteria that have a disproportionate impact on the enrollment of demo- (See related article on wrap-around
graphic groups protected by state and federal law unless they can show they are services on page 3).
continued on page 2 continued on page 2
IN MEMORIAM: ROBERT GASS MA NEWS
We are saddened to report that former MASC Presi-
dent (2001) Robert Gass passed away unexpectedly Remote Public Meetings Authorized
on June 28. A proud graduate of the Randolph Public Through April 1, 2022
Schools, Bob served on the Ran- Under new legislation “An Act Extending Certain
dolph School Committee for 25 COVID-19 Measures Adopted During the State of
years, including ten years as chair, Emergency” which was enacted in mid-June, public
until his retirement in 2004. Bob also bodies may continue to provide live “adequate alter-
served as Chair of MASC’s Division native means” of public access to the deliberations
III prior to his election to the MASC of the public body instead of holding meetings in a
Executive Committee. He was a public place that is open and physically accessible to
long-time member of the Associa- the public. “Adequate alternative means” may include,
tion’s Legislative and Special Edu- without limitation, providing public access through
cation Committees and was appointed by Governor telephone, internet, or satellite enabled audio or video
Jane Swift to serve on the Governor’s Blue Ribbon conferencing or any other technology that enables the
Advisory Commission on Competency Determination. public to clearly follow the proceedings of the public
body in real time.
In addition, the new law authorizes all members of
Vocational School Admission a public body to continue participating in meetings
continued from page 1 remotely. The Open Meeting Law’s requirement that a
quorum of the body and the chair be physically pres-
“essential to participation” in the school’s program, and
ent at the meeting location remains suspended.
that there are not other equally effective standards that
The new law also provides that a municipal pub-
would not have such an effect.
lic body that, for reasons of economic hardship and
In the past, vocational schools that have more applicants
despite best efforts, is unable to provide alternative
than seats were allowed to score applicants on the basis of
means of public access that will enable the public to
middle school grades, attendance, discipline history, and a
follow the proceedings in real time, may instead post a
guidance counselor’s recommendations. The new regula-
full and complete transcript, recording, or other com-
tions prohibit schools from using excused absences or mi-
prehensive record on its website as soon as practicable
nor disciplinary infractions in their admissions rankings.
after the meeting. However, this provision is not avail-
The board approved the changes unanimously, with one
able for meetings when another general or special law,
member, Mary Ann Stewart, voting “present.”
regulation or local ordinance or by-law requires allow-
Vocational schools must develop new enrollment policies
ance for active participation by members of the public,
to take effect for the 2022-23 school year.
such as the case of certain public hearings.
Advocates for change to the admissions process had
called for the state to have a lottery to admit students to All other provisions of the Open Meeting Law and
oversubscribed schools. The board opted for regulations regulations, such as the requirements regarding post-
that say admission policies must be aimed at enrolling a ing notice of meetings and creating and maintaining
student population at vocational schools with a “compa- accurate meeting minutes, remain in effect. Notice of
rable academic and demographic profile” to the sending meetings much be posted at least 48 hours in advance,
districts that students come from. not including weekends and holidays, and the meeting
notice must clearly specify how the public may access
the meeting, whether in-person, remote, or both.
School District
Policies on Mask MASC Summer Institute
Usage continued from page 1
MASC reminds school districts The second session (10:30am-Noon) will focus on making
the most of the federal (ESSER III) dollars that are available
that they may wish to revisit /revise their policy
to school districts. A panel of school business officials will
around mask-wearing in light of recent statements
discuss the provisions and deadlines attached to this recent
issued by DESE, CDC and WHO. School committees round of stimulus money; how different districts are using
adopted mask-wearing policies last year in light of the the money to positively impact teaching and learning; and
state’s Covid-19 health/safety regulations. State-level school committee responsibility for supporting, sustaining
mandatory mask-wearing guidance was rescinded last and overseeing thoughtful investment of this grant. The
month; recent concerns regarding the Delta variant session will also incorporate issues of equity in allocating
may lead districts to continue current practice. spending and the political pressures in play during these
extraordinary fiscal times.‘Wraparound’ services crucial to post- for low-income, Black, Latinx, and im-
migrant students.
pandemic school reopenings A trained student support staff
member, usually a school coun-
selor or social worker, serves as a
By Joan Wasser Gish As more children and youth return
“coordinator” in a school, working
I
to in-person school “wraparound”
t’s june 2021 and, finally, most closely with teachers, staff, families,
comprehensive services are no longer
children have returned to full-time students, and community agencies
optional. Access to supports and op-
in-person school. Teachers are recon- to develop, and ensure delivery of,
portunities must become a regular
necting with students whose experi- comprehensive individualized sup-
part of how schools operate because
ences over the last 16 months vary port plans for each student. . . .
they play a pivotal and preventive role
widely. . . . This article appeared in the June
in supporting children and youth’s
Impacts of the pandemic on 10, 2021 edition of Commonwealth
mental health, social-emotional devel-
children are not yet fully understood. Magazine. To view the complete
opment, and academic learning.
But long-standing research on the article, go to: https://common-
Comprehensive services can be
effects of poverty on child devel- wealthmagazine.org/economy/
coordinated effectively and cost-
opment make clear that economic wraparound-services-crucial-to-
efficiently by schools so that taxpayer
disruption, lack of access to food, school-reopenings/
investments lead to improved learning
stable housing, enriching experi- Joan Wasser Gish is director of
outcomes and lifelong opportuni-
ences, and protective relationships strategic initiatives at the Boston Col-
ties for students. How schools can do
are all associated with deprivations lege Center for Optimized Student
this is demonstrated by an evidence-
and stresses that can impede healthy Support and a former member of
based model of “integrated student
development and readiness to learn. the Massachusetts Board of Early
support,” City Connects. The model
Yet science also demonstrates that Education and Care. Gish, her City
was developed 20 years ago in the
children are resilient and replete with Connects colleagues and MA school
Boston Public Schools and is incu-
strengths. The impacts of scarcity and administrators will discuss this
bated at Boston College. Researchers
stress can be countered with relation- program in greater depth at MASC’s
find that City Connects significantly
ships, resources, and opportunities Summer Institute on July 17 (see
improves student academic and
for children and their families.. . . . related article on page 1).
social-emotional outcomes, especially
First Admendment “where, when, and how ... the speaker’s
off-campus location will make the criti-
school. Suspensions ensued based on
violation of the Massachusetts Anti-
continued from page 1 cal difference.” But the Court nonethe- Bullying law, G.L. c. 71, §37O. Two
laced rant about the school’s cheerlead- less suggested several areas in which students who had only been tangen-
ing program. There was no evidence that discipline for off-campus speech by tially involved in the Snapchat posts
it had any effect on the school’s learn- students will still be appropriate under filed suit claiming a violation of their
ing environment. Notwithstanding this, the First Amendment. student speech rights, but the federal
the school district imposed upon the These include speech that involves district court rejected their claim, re-
student a one-year suspension from the “serious or severe bullying or harass- sulting in further appeal. The case has
cheerleading program. Based on these ment targeting particular individuals”, been briefed and awaits oral argument
facts, the Court in an 8-1 decision held “threats aimed at teachers or other stu- and eventual decision.
that the school’s one-year suspension of dents”, and “failure to follow rules” per- As further guidance is developed,
the student from cheerleading activities taining to “online school activities.” The school districts must keep the following
violated her First Amendment rights. Court declined to “determine precisely... in mind before a student is disciplined
More important than the Court’s the length or content of any such list of for statements made on social media:
holding in the specific case is the appropriate exceptions or carveouts.” Student speech that can be regu-
Court’s further statement that “the One such case is currently pending lated if it takes place during school or
special characteristics that give schools in the United States Court of Appeals school programs may not be subject to
additional license to regulate student for the First Circuit – Doe v. Hopkinton discipline if it is made outside school
speech [do not] always disappear when Public Schools, No. 20-1950. In that hours and “off campus” unless it fits
a school regulates speech that takes case several members of a Snapchat certain criteria, such as cyberbully-
place off campus.” Recognizing that group and the school’s hockey team had ing, harassment, or threats that target a
certain attributes of student speech demeaned another student in Snapchat specific student/students or staff.
outside the school or its programs mean posts and at team events, causing the Decisions regarding student disci-
that schools have less “leeway” in regu- student to refuse to try out for another pline for speech that occurs outside of
lating that speech, the Court has left “for sport, to withdraw from a chosen class, school should be made after consulta-
future cases” the determination as to and ultimately to transfer from the tion with the district’s legal counsel.MASC/MASS Conference is back on track for REbuild.
November 3-6, 2021
T he pandemic event that reverberated across experiences REimagine.
the globe in the first months of 2020, impacted of the past
schools—and lives—like few crises in recent memory. year and what
Isolation, fear, loss of family, friends and jobs, food they want from
insecurity and mental health issues, and the transition school leaders
to a world that was largely conducted on “remote” for moving for-
15 months. MASC and MASS salute the administrators, ward. relationships.
educators and students who rallied to the challenge And while we
and we look forward to reclaiming lost time and experi- can’t wait to welcome members back in person, we
ences in the weeks and months ahead. are also aware that they may be some who for reasons
This year’s joint conference in Hyannis is being of health or family or work are unable to join their
designed with that goal in mind. We are never more colleagues in Hyannis. For the first time, we are mak-
mindful than now of the need to reimagine a system ing the conference sessions and keynotes available
that is better aligned to meet the needs of all our stu- remotely in real time, via Zoom. The sessions will also
dents, regardless of their zip code, language of origin, be recorded and registered attendees will be able to
or personal challenges. While still a work in progress, access these programs on the MASC website at their
we are putting together conference programs that will convenience following the conference.
help you and your district address the in equities and REGISTER NOW online (www.masc.org) for early bird
educational gaps the pandemic has brought to light. savings and follow conference program updates on
Sessions will highlight critical issues including recover- our website: https://www.masc.org/events-and-confer-
ing social-emotional health (students AND adults); re- ences-3/annual-joint-conference/2021. For accommo-
engaging the education community; and budget and dations, register directly on the hotel website: www.
finance (SOA and federal dollars). capecodresortandconferencecenter.com. Use group
Keynote speakers (to be announced) will provide real- code: MASC21.
time takeaways on confronting the often uncomfortable And don’t forget: the MASC Delegate Assembly will
conversations around diversity, equity and inclusion. be held on Saturday, November 6 at 9am (live and
And a panel of education leaders will hear from—and remote format). Conference meal registration informa-
respond to—a diversity of students who will share their tion will follow and be posted on the website.
58830
PERMIT NO.
BOSTON, MA Boston, MA 02109
PAID
U.S. POSTAGE
One McKinley Square
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