Critical race theory is an academic topic that has been around for over 40 years. The basic notion is that race is a social construct and that racism is not only the result of human bias or prejudice, but is also ingrained in legal systems and laws.

Critical race theory — or CRT — arose from a framework for legal analysis developed in the late 1970s and early 1980s by legal academics such as Derrick Bell, Kimberlé Crenshaw, and Richard Delgado, among others. CRT exposes deficit-informed research that overlooks, and frequently omits, the scholarship of people of color. Originating in legal academia in the 1970s and expanding during the 1980s and 1990s, CRT is still a topic of study in the legal profession and other fields of research. According to Mari Matsudi, CRT is the effort of progressive legal academics attempting to examine the function of racism in the judicial system and working to eliminate it. 

Today, the same patterns of discrimination are perpetuated through laws that appear to be race-blind, such as single-family zoning, which restricts the construction of affordable housing in advantaged, majority-white neighborhoods curtailing racial integration attempts.

CRT is also linked to other intellectual currents, such as the work of sociologists and literary theorists who investigate the relationships between political power, social structure, and language. Its concepts have subsequently influenced areas such as the humanities, social sciences, and teacher education.

This scholarly perspective of critical race theory differs from that depicted in contemporary popular literature and, notably, by critics — often, but not always, conservative Republicans. Critics claim that the theory promotes negative dynamics such as an emphasis on group identification above universal, common qualities, separates individuals into “oppressed” and “oppressor” groups, and encourages intolerance. 

Fundamentally, the debate stems from differing perspectives on racism. CRT focuses on results rather than individual ideas, and it encourages these outcomes to be analyzed and corrected. There are significant disputes among attorneys, teachers, legislators, and the general public regarding how to accomplish those desired outcomes precisely, and to what degree racism should be publicly referred to in the process. “CRT dismisses the idea that racism stems from acts of individuals but rather rooted in a system of oppression based on socially constructed racial hierarchy where white people reap material benefits over people of color resulting from misuse of power.” says Dorinda Carter Andrews, professor and chairperson, Department of Teacher Education at Michigan State University’s College of Education. 

As for critical race theory in education, scholars tend to investigate how policies and practices in K-12 education contribute to persisting racial disparities in education and argue for strategies to improve them. Among the issues they've investigated include racially segregated schools, underfunding of majority-Black and Latino school districts, disproportionate discipline of Black kids, and obstacles to gifted programs, selective-admission high schools, and curricula that reinforce racist ideas.

Critical race theory is not the same as culturally relevant education, which first appeared in the 1990s. This academically challenging teaching method strives to affirm students' ethnic and racial heritage. However, it is similar in that one of its goals is to assist students in identifying and criticizing the sources of social inequality in their own lives. 

So why ban anti-racist education in K-12 schools? The bills themselves are quite vague. It's also uncertain if these new bills are constitutional, or if they restrict free expression in an impermissible way. In any event, policing what happens within hundreds of thousands of classrooms would be exceedingly difficult. However, social studies educators are concerned that such rules may restrict teachers, who may self-censor their own teachings out of concern for parents or administrators’ complaints. According to a poll obtained by NBC News, teachers nationwide claimed their institutions do not require or push them to teach critical race theory, and the majority were opposed to incorporating the academic method into their course curriculum. Despite a raging culture war that has erupted at school board meetings and resulted in new legislation in statehouses across the country, responses from more than 1,100 teachers across the country for a survey conducted by the Association of American Educators, a nonpartisan professional group for educators, appeared to suggest that lawmakers' panicked discussion of critical race theory was misguided and has no effect on American classrooms. Between June 24th and June 29th, the association polled its professional membership and got 1,134 completed responses, roughly 900 of which were from traditional public schools. More than 96% stated their schools did not compel them to teach critical race theory, and just 45% thought instructors should have the option to include it in their lesson plans.

Teaching young people about race and racism does not imply teaching them about critical race theory. Critical race theory is not an ideology or political orientation that thinks white people are evil; rather, it assumes white supremacy in all of its forms is wrong. It is a technique or method that gives words and a perspective through which to examine racism at the institutional and structural levels. 

It is critical to try to educate young people to realize that bias and oppression are institutional, structural, and systemic, rather than just interpersonal. Color Blindness and color mutism are not common among young individuals. In their own social circles and peer groups, kids notice color and discuss race and prejudice. According to research, youngsters as young as three years old exhibit unfavorable attitudes about some racial groupings. Children exhibit a degree of racial literacy by the time they reach elementary school, indicating that they are aware that some persons and groups are treated differently in their schools and society depending on skin color. This is especially true for children of color in elementary school. If children of color are mature enough to witness racial prejudice and injustice, then all children, including white children, are old enough to learn about racism in ways that improve their cross-cultural competency, racial literacy abilities, and skill set for strengthening our democracy.