ATLANTA – Georgia’s attorney general said that a new Advanced Placement course in African American Studies does not violate the state’s law against teaching divisive racial concepts.

In a letter written to the Republican state representative who authored the 2022 measure, Attorney General Chris Carr said that the African American Studies AP course is exempt from the law because it is an AP course.

Georgia’s Superintendent of Schools Richard Woods had also requested an opinion from Carr on the issue, after Woods had refused to recommend the course for approval by the state Board of Education because he thought it broke the law.

Wade said Tuesday that he hoped Woods would reverse his decision and recommend the course.

“I really hope that Richard will make a decision as soon as possible and alleviate the concerns of Georgia students, teachers and parents,” Wade told the Associated Press.

SEE ALSO: Should AP African American Studies be taught in Georgia schools? Congresswomen talk superintendent ban

After confusion over whether the state could fund the course, some districts across the state have declined to include it in their curriculum.

Some districts have declined to teach the course without state approval. In metro Atlanta, many school districts had to decide if they wanted to fund the class on their own. Officials in DeKalb County agreed to spend up to $100,000 to make sure students can take it.

The Gwinnett School District went the other way. The district isn’t offering the class, forcing students who had signed up for it to make last-minute changes to their schedules. Gwinnett officials made the decision because they say the lack of funding means students won’t get extra credit added to their G.P.A. to help them qualify for the H.O.P.E. Scholarship.

Criticism from both parties over AP African American Studies funding

Woods has faced not only attacks from Democrats but pointed questions from Republican Gov. Brian Kemp.

At a school district event in Carrolton last week, Kemp stated his concerns over the decision and asked for more transparency, especially with changes occurring so close to the start of the school year. 

“If you are going to make changes, especially just before the school year, there needs to be transparency,” Kemp said. 

AP African American Studies course in the national spotlight

The Advanced Placement course drew national scrutiny in 2023 when Florida’s Republican Gov. Ron DeSantis said he would ban the course in his state. In June, South Carolina officials also refused to approve the course. South Carolina said individual districts could still offer it.

The College Board is a nonprofit testing entity that offers Advanced Placement courses across the academic spectrum. Students who score well on an exam can usually earn college credit. The board has said the course is based on academic scholarship and doesn’t seek to indoctrinate students.

Carr’s letter notes that the law requires teachers to instruct “in a professionally and academically appropriate manner and without espousing personal political beliefs.” But other than that, he noted the law’s text specifically exempts AP courses.

“Other than those limitations, the statutory language as enacted excludes advanced placement, international baccalaureate and dual enrollment coursework by its express terms,” Carr wrote.

Georgia Superintendent of Schools Richard Woods, seen center, is touring a school in this undated photo.  (FOX 5)

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Woods had been saying that districts could teach the AP material and get state money by listing it as an introductory African American studies course approved by the state in 2020. Woods took that position after earlier saying districts would have to teach the course using only local tax money. But when he declared that he believed the course was illegal, Woods said he believed districts could expose themselves to legal challenges by teaching the AP material using the introductory course.

Georgia’s 2022 ban on teaching divisive racial concepts in schools, based on a now-repealed executive order from President Donald Trump, prohibits claims that the U.S. is “fundamentally or systematically racist.” It mandates that no student “should feel discomfort, guilt, anguish, or any other form of psychological distress because of his or her race.” So far, 18 states have passed such bans.

Under the law, if people allege a violation and it isn’t resolved locally, they can appeal to the state Board of Education. The board could order a corrective action plan, and a district could lose exemptions from state rules if it didn’t comply. Districts rely on those exemptions to set policy locally.

Woods, who is white, said he was particularly concerned about how the course presents the concept of intersectionality. That’s a framework for understanding the effects of overlapping systems of discrimination or disadvantage. For example, Black women may face compounding disadvantages because of their race and gender.

The Associated Press contributed to this report.