An ethnic studies requirement can remain in new social studies standards in Minnesota schools, a judge ruled Tuesday, though one part will require revision to go into effect.

For the past three years, the Minnesota Department of Education has been pushing for new standards in K-12 schools which would include ethnic studies along with other traditional social studies topics like history and civics. It’s attracted criticism from conservatives, who say it will inject divisive ideas into the curriculum.

The matter had administrative hearings in November, and a decision released Tuesday largely resolved the issue. Chief Administrative Law Judge Jenny Starr agreed with Administrative Law Judge Eric Lipman’s Jan. 5 ruling: ethnic studies can be a requirement, but a section asking students to “apply lessons from the past in order to eliminate historical and contemporary injustices” must be revised.

Minnesota’s Department of Education can now adopt the new social studies rules, without the part Lipman found legally defective.

Comment from state education officials on their next steps wasn’t immediately available on Tuesday.

‘Unduly vague’

Lipman in his decision weighed public criticism of the new social studies standards, including that they are too vague, and not “objective” or “measurable.” He disagreed, except for the section he said must be revised.

“A plain reading of the text suggests that each student must eliminate a historical and contemporary injustice to satisfy the academic standard,” he wrote. “This expectation is unduly vague, because those who are subject to the standard cannot know what is needed to meet the requirements and strict compliance is unreasonable and implausible.”

The state is required by law to revise its school academic standards every decade, and in the current round of revisions, the proposed requirement for ethnic studies in schools across the state attracted criticism from conservative groups.

Lipman had to assess whether education officials had gone through the proper process to change standards, whether the standards adhered to law and if the changes were reasonable and necessary. Everything in the social studies standards complied, he found, except the part relating to “historical and contemporary injustice.”

Reaction to ruling

The conservative Minnesota think tank the Center of the American Experiment was one of the groups opposed to the new standards.

In a statement reacting to the decision, the group said it was pleased Lipman declared part of the standards unduly “vague” and “weak,” but expressed disappointment the judge didn’t apply that reasoning to the entire social studies rule. The group took issue with changes in other parts of the curriculum, including geography and economics.

“Lipman took a very narrow look at how the standards technically met the requirements of the rulemaking process,” said Catrin Wigfall, an education policy fellow with the group. “The result is a standards document that will at best confuse teachers and students and at worst force them to endorse a divisive and conflict-based ideology.”

Proponents of the new ethnic studies requirement say younger students will benefit from an education that does not gloss over uncomfortable truths of American society, such as the legacy of slavery and segregation, the displacement of Native Americans by settlers and racial inequality.

By examining these things, students will develop stronger critical thinking skills and a more complete understanding of the world they live in, proponents say.

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