Texas attorney general investigates Austin ISD for allegedly teaching ‘critical race theory’

Attorney General Ken Paxton on Monday accused Austin ISD of using materials to teach critical race theory. His office plans to depose the superintendent and school board as part of an investigation.

The AG’s office alleges the district is using curricula related to the “The 1619 Project,” which recenters U.S. history around the impact of slavery and the contributions of Black Americans. It was created by Pulitzer Prize-winning journalist Nikole Hannah-Jones.

Gov. Greg Abbott signed a bill in 2021 that banned the use of “The 1619 Project” in Texas public schools and sought to restrict how educators talk about race and racism in the classroom. Abbott and other Republicans said they wanted to prevent schools from teaching critical race theory, which was developed in the 1970s and 1980s to examine the ongoing effects of racism on U.S. institutions.

In a news release, the AG’s office said it was “made aware of an Austin ISD official making statements implying that they were using curricula and teaching material linked to the 1619 Project.”

“My office has begun the legal process to depose Austin ISD leaders, and we will fully investigate the district’s policies involving the teaching of illegal CRT curriculum to make sure state law is enforced,” Paxton said in a statement. “I will continue to work tirelessly to ensure that Texas school officials are focused on helping students receive a world-class education, not subject them to liberal, anti-American ideology.”

A spokesperson for Austin ISD said the district does not comment on pending litigation.

Daphne Hoffacker, the advocacy chair for the Austin Council of PTAs, criticized the investigation. She said Paxton, who is running against incumbent John Cornyn in a Republican primary for the U.S. Senate, is going after the district to win political points.

“Ken Paxton is running for Senate and both CRT — this nebulous term he uses to describe any anti-bigotry efforts — and his attacks on public schools are red meat to his ever-dwindling base,” she said. “This is nothing but a distraction and a waste of public resources.”

Hoffacker added the district has complied with requirements from the state.

“His investigation will find Austin has some of the most dedicated educators in the country,” she said.

David DeMatthews, a professor in UT Austin’s College of Education, said critical race theory is not taught in K-12 schools, but rather at the graduate level. He added that Republican officials have not been able to clearly define what it is.

“There has been this attack on CRT in schools without really any evidence from any politicians that CRT is actually being taught,” he said. “This just looks like one more unwarranted attack, not based on any evidence, that’s just a public spectacle that will undermine public education even further.”

DeMatthews said Texas has more pressing problems to solve when it comes to education — from the teacher shortage to improving academic achievement and providing special education services.

“I think this is just one of a long line of embarrassing moves by the state of Texas to undermine its constitutional duty to provide a quality public education to every student,” he said. “It’s unimaginable that this is where we’re at.”

DeMatthews said elected officials should be focused on increasing state funding for public schools, which have not seen an increase in the base level of per-student funding since 2019.

Austin ISD is not the only district Paxton has accused of teaching critical race theory. In March, he filed a lawsuit against Coppell ISD outside Dallas.

KUT News has reached out to the AG’s office for more details on the allegations and when Austin ISD officials and school board members could be deposed.