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February 19, 2016

Dr. Patrick C. Kinlaw
Superintendent
Henrico County Public Schools
CC: Members of the Henrico County Public School Board
3820 Nine Mile Road
Henrico, Virginia 23223
Via email: pckinlaw@henrico.k12.va.us

Dear Dr. Kinlaw and Members of the Henrico County Public School Board,
As an organization dedicated to the integrity of the public education system and the
application of First Amendment law and principles in public institutions, we are writing to
express concern that Henrico County Public School educators have been barred from
showing "Structural Discrimination: The Unequal Opportunity Race" in direct response to
parental complaints. That action, and even more so a promise to bar the future use of any
material that might be "racially divisive," is likely to have a chilling effect on the
classroom and raises serious constitutional concerns.
We understand that "The Unequal Opportunity Race," a four-minute animated video, was
shown at Glen Allen High School on February 4 as part of a program about Black History
Month. After the school received complaints that it was a "white guilt video," the district
apologized and barred future use of the material without any formal review of its potential
educational value. A statement on the districts website also noted that "steps are being
taken to prevent the use of racially divisive materials in the future."
The video, created by the African American Policy Forum, is intended to portray the
structural and historical obstacles that have held racial minorities back in the United
States, and to open up conversations "on contemporary racial inequality." Use of the video
was banned without consideration of its educational value or the closest applicable district
policy (R7-05-008, "Selection and Review of Instructional Materials"), which specifically
requires complainants to file a Request for Reconsideration of School Instructional
Materials to launch a formal review process. Following established procedures would
uphold sound educational principles and defend "principles of freedom of information and
the professional responsibility of the staff," as per policy.
The promise to take steps to exclude "racially divisive" materials in the future is even
more alarming, as it is so vague and overbroad that it is likely to create a chilling effect in
the classroom. Singling out content that could be subjectively considered as "divisive"
compels teachers to second-guess themselves in view of potential complaints and severely
constrains their pedagogical discretion.

It is plausible that many works in school curriculaliterary titles as valuable and time-honored as Harriet
Beecher Stowes Uncle Toms Cabin, Harper Lees To Kill a Mockingbird, and Ralph Ellisons Invisible
Man, as well as renowned films like Selma, Roots, and The Color Purplecould be flagged as "racially
divisive." A teacher may decide to avoid these, thus depriving students of material that could be used to
address important topics. Indeed, such a vague directive would limit pedagogical discretion and empower
individual complainants who may want to impose their viewpoint on the whole district.
Banning "The Unequal Opportunity Race" and flagging "divisive" material about race also raises serious
First Amendment concerns. Under our constitutional system, government officials, including public
school administrators, may not prevent the expression of an idea simply because society finds the idea
itself offensive or disagreeable. Texas v. Johnson (1989); see also Board of Education, Island Trees
Union Free School District No. 26 v. Pico (1982) (local school boards may not remove books from
school libraries simply because they dislike the ideas contained in those books )
This principle protects the integrity of the education system: any attempt to eliminate everything that is
objectionablewill leave public schools in shreds. Nothing but educational confusion and a discrediting
of the public school system can result McCollum v. Board of Education, 332 U.S. 203 (1948)
(Jackson, J. concurring). In short, the goals of both the constitution and schools are served when decisions
are based on educational considerations, rather than personal views and preferences.
Every community is home to a diversity of opinions on most topics of importance, and discussion of
issues touching on racial inequality can be challenging. But surely it is in the best interests of students to
actually have that discussion. Acquiescing to the complaints of a few amounts to a hecklers veto,
conveying official endorsement of the views of one vocal group and discouraging robust conversation
about one of the most critical issues of todayand one that affects the lives of every one of the students
in Henrico County Public Schools.
Decisions about instructional materials should be based on sound educational grounds rather than some
individuals agreement or disagreement with their message or content. This approach is consistent with
educational and constitutional principles, and will serve the interests of both Henrico County Public
Schools and their students. We urge you to demonstrate your commitment to these goals, as well as to the
districts own policy, by removing the ban on The Unequal Opportunity Race pending a review of its
educational value by professional educators, and reconsidering any vague pledge to bar material that
could be considered racially divisive. This will allow the districts educators to uphold its mission to
actively engage students in diverse educational, social, and civic learning experiences that inspire and
empower them to become contributing citizens.
Please do not hesitate to contact us if we can be of further assistance.
Sincerely,

Svetlana Mintcheva
Director of Programs
CC: Michelle F. Micky Ogburn, Chair: mfogburn1@henrico.k12.va.us
Beverly L. Cocke, Vice Chair: blcocke@henrico.k12.va.us
Roscoe D. Cooper III: rdcooper@henrico.k12.va.us
Lisa A. Marshall: lamarshall@henrico.k12.va.us
John W. Montgomery Jr.: jwmontgomery@henrico.k12.va.us
Dr. Gwen Miller, Principal, Glen Allen High School: gemiller@henrico.k12.va.us