Ethnic Studies Under Attack and Senate Bill 12 Toolkit: The REAL Target of Sen. Creighton's SB 12

Okay, Friends—

Happy Monday! Most people never actually read any bills, so here’s your chance to see a key section for yourself of a particularly horrible one. Scroll below to read this together with detailed instructions, compliments of @txstudentsfordei on Instagram, on what you can do to speak up against this bill, including signing up to testify on Tuesday morning.

The essence of SB 12 is both simple and chilling: it seeks to eliminate virtually all Diversity, Equity, and Inclusion (DEI) efforts in Texas public schools, offering only a few token exceptions. If SB 3 from the last session was vague and burdensome, SB 12 is more direct and more dangerous, targeting any K–12 initiative that dares to center equity, identity, or belonging.

Let’s be clear: this is a thinly veiled attack on Ethnic Studies, as well as anti-trans and anti-LGBTQ—and on every educator, ally, student, and community member committed to truth, dignity, and educational justice.

And here’s the glaring contradiction: According to the Texas Education Agency Enrollment in Texas public schools, 2022–23 (2023) data, Black and Brown children now make up the majority (66 %) of students in Texas public schools—a demographic reality that will only continue to grow. 

To pass a law that denies these students a curriculum that reflects their cultures, histories, and identities is not just shortsighted—it is morally indefensible. At best, it’s nonsensical. At worst, it’s terribly hostile, pushing back on the many positive gains we've made in Texas in Ethnic Studies policy and practice. 

What we should be doing instead is passing Rep. Christina Morales' Ethnic Studies bill House Bill 178 that is stuck in the House Calendars committee waiting to get heard in the Texas House.

I plan to testify tomorrow, May 13th, on behalf of Texas LULAC against SB 12. I hope you’ll be there with us—testifying, supporting, or just being present.

The underlined text reflects proposed changes to the Texas Education Code—and unless we speak out, these changes could become law.

We need every voice in the room. The future of our public schools and quality public education depends on it. 

Some day, Ethnic Studies will simply be a good education, I always say. 

There may be a rally on SB 37 and SB 12. Will keep y'all posted.

Peace/Paz,

Angela Valenzuela

Reference

Texas Education Agency. (2023). Enrollment in Texas public schools, 2022–23. https://tea.texas.gov/sites/default/files/enroll-2022-23.pdf

Senate Bill 12, Section 3

SECTION 3.  Subchapter A, Chapter 11, Education Code, is amended by adding Section 11.005 to read as follows:

Sec. 11.005.  PROHIBITION ON DIVERSITY, EQUITY, AND INCLUSION DUTIES.  (a)  In this section, "diversity, equity, and inclusion duties" means:

(1)  influencing hiring or employment practices with respect to race, sex, color, or ethnicity except as necessary to comply with state or federal antidiscrimination laws;

(2)  promoting differential treatment of or providing special benefits to individuals on the basis of race, color, or ethnicity;

(3)  developing or implementing policies, procedures, trainings, activities, or programs that reference race, color, ethnicity, gender identity, or sexual orientation except as necessary to comply with state or federal law; and

(4)  compelling, requiring, inducing, or soliciting any person to provide a diversity, equity, and inclusion statement or giving preferential consideration to any person based on the provision of a diversity, equity, and inclusion statement.

(b)  Except as required by state or federal law, a school district:

(1)  may not assign diversity, equity, and inclusion duties to any person; and

(2)  shall prohibit a district employee, contractor, or volunteer from engaging in diversity, equity, and inclusion duties at, for, or on behalf of the district.

(c)  A school district shall adopt a policy and procedure for the appropriate discipline, including termination, of a district employee or contractor who intentionally or knowingly engages in or assigns to another person diversity, equity, and inclusion duties.  The district shall provide a physical and electronic copy of the policy and procedure to each district employee or contractor.

(d)  Nothing in this section may be construed to:

(1)  limit or prohibit a school district from acknowledging or teaching the significance of state and federal holidays or commemorative months and how those holidays or months fit into the themes of history and the stories of this state and the United States of America in accordance with the essential knowledge and skills adopted under Subchapter A, Chapter 28;

(2)  affect a student's rights under the First Amendment to the United States Constitution or Section 8, Article I, Texas Constitution;

(3)  limit or prohibit a school district from analyzing school-based causes and taking steps to eliminate unlawful discriminatory practices as necessary to address achievement gaps and differentials described by Section 39.053; or

(4)  apply to:

(A)  classroom instruction that is consistent with the essential knowledge and skills adopted by the State Board of Education;

(B)  the collection, monitoring, or reporting of data;

(C)  a policy, practice, procedure, program, or activity intended to enhance student academic achievement or postgraduate outcomes that is designed and implemented without regard to race, sex, color, or ethnicity; or

(D)  a student club that is in compliance with the requirements of Section 33.0815.

05/08 - SB 12

89TH LEGE ADVO TOOLKIT

Updated May 11, 2025 12:00 PM CST 

On May 6, 2025, Governor Greg Abbott urged Senator Creighton and the Texas Legislature to pass Senate Bill 12 in Texas K-12 classrooms. As hearing deadlines approach for the 89th Texas Legislative Session, lawmakers are scrambling to fulfill priorities of Governor Greg Abbott and Lieutenant Governor Dan Patrick. Senate Bill 12 is an anti-DEI, anti-LGBTQIA+, and anti-student protection bill under the facade of “parent rights.”  On Tuesday, May 13th at 8 AM, the House Public Education Committee will hear Senate Bill 12.

DATE:                         Tuesday, May 13th, 2025

TIME:                         8:00 AM CST

LOCATION:                 John H Reagan Building, (1400 Congress Ave., Austin, TX 78701) - Building Access Help

ROOM:                 JHR 140

** Note: On the hearing notice, Chairman Brad Buckly can cut and limit testimony if he thinks the hearing will go into the next calendar day. Please arrive before 8:00 AM to register. If you cannot arrive before 8:00 AM, please email txstudentsfordei@gmail.com.

CALL OR EMAIL THE MEMBERS

Office	Email	Phone Number
Brad Buckley (Chair)	Brad.Buckley@house.texas.gov	(512) 463-0684
Diego Bernal (Vice Chair)	Diego.Bernal@House.texas.gov	(512) 463-0532
Alma Allen	Alma.Allen@house.texas.gov	(512) 463-0744
Trent Ashby	Trent.Ashby@house.texas.gov	(512) 463-0508
John Bryant	John.Bryant@house.texas.gov	(512) 463-0576
Charles Cunningham	Charles.Cunningham@house.texas.gov	(512) 463-0520
Harold V Dutton, Jr.	Harold.Dutton@house.texas.gov	(512) 463-0510
James B Frank	James.Frank@house.texas.gov	(512) 463-0534
Gina Hinojosa	Gina.Hinojosa@house.texas.gov	(512) 463-0668
Todd Hunter	Todd.Hunter@house.texas.gov	(512) 463-0672
Helen Kerwin	Helen.Kerwin@house.texas.gov	(512) 463-0538
Jeff Leach	Jeff.Leach@house.texas.gov	(512) 463-0544
Terri Leo-Wilson	Terri.Leo-Wilson@house.texas.gov	(512) 463-0502
Alan Schoolcraft	Alan.Schoolcraft@house.texas.gov	(512) 463-0602
James Talarico	James.Talarico@house.texas.gov	(512) 463-0821

2. TESTIFY IN-PERSON OR SUBMIT WRITTEN TESTIMONY

WRITTEN:

There’s no limit on the length of written testimonies. Please submit written testimony here.

AND

In the House, Texas residents are allowed to provide written comments via online portal from anywhere. We encourage you to submit a written comment AGAINST S.B. 12.

TESTIFY: We encourage you to write out your testimony before the hearing! Testimonies read out loud should be two-minutes to be read to the committee during the hearing. However, written testimonies do not have any page or word limit. To get an idea of what to write about, please see these testimony guides:

For in-person, individuals can write out and read their testimonies. If you are providing a written testimony, please bring 15 copies for the members and their staff.

Please go here to watch the livestream of the Texas House. Tweet or DM us at at @txstudentsforDEI for the commentary and any questions you may have.

SPREAD THE WORD

Reach out to your friends, fellow students, colleagues - anyone who cares about higher education in Texas - to get them involved! There’s a template below to get you started.

Hey! The Texas House is holding a public hearing on SB 12, an anti-LGBTQIA+, anti-DEI, and anti-student protection bill under the guise of “parental rights.” We need more students to get involved in this legislative advocacy and to share their stories. Are you interested in getting involved. It won’t take more than 10 minutes of your time! Here’s the link: www.tinyurl.com/legetoolkit.

West Texas Parent are Suing Their Schools Over Racism as Others Demand Action Over Antisemitic Bullying

This piece provides evidence on how racism and anti-semitism are on the rise in Texas schools. It's interesting, if not predictable, to note that this is happening at the same time that books and materials, including those designed to challenge racial, sexist, and homophobic hatred are limiting what can get taught in the schools. This creates a vacuum in knowledge and information that risks getting filled by other readily accessible online communities that promote hatred and violence. 

This vitriol then manifests at school board meetings where parents refer to race and gender justice texts as "porn," when what is really obscene is the racial hatred that plays out in school environments as youth take cues from adults, including from government leaders and members of the legislature who are happy to perpetuate fallacies, most especially, an ethnically-cleansed curriculum that's non-inclusive and thusly, narrow and harmful.

I think that most Texas students, their parents, and Texans, generally, find this to be both reprehensible and unacceptable, but those perpetrating these harms are often the loudest voices. I'm glad to see the federal government stepping in on behalf of these aggrieved students. Read for yourselves the IDRA statement here that expresses the following:

"The complaints list a number of demands for resolution, including revised district anti-harassment, anti-discrimination and anti-bullying policies; training of school and district staff on Title VI and appropriate school discipline practices; effective and age-appropriate prevention programs for students; systems for student and family input; alternatives to exclusionary discipline placement, such as restorative practices; an external evaluator to regularly assess the educational climate and effectiveness of policies; and annual reports posted online summarizing the reports of racial bullying and harassment."

These corrosive and toxic dynamics have to change if we are to prevent racial, religious, and other forms of harassment and violence in our schools. Anti-racist curriculum and pedagogy together with policies like Ethnic Studies that support their teaching, are also steps in the right direction. There is a bill this session, House Bill 45, an Ethnic Studies bill authored by Rep. Christina Morales, is what merits specific support. And now is the time to rally for it as a way to move positively forward.

-Angela Valenzuela

 West Texas Parent are Suing Their Schools Over Racism as Others Demand Action Over Antisemitic Bullying

LUBBOCK — Parents, full of anger and disbelief, have confronted school leaders in the Lubbock area over a series of racist and antisemitic incidents in several schools.

In total, four separate incidents have come to light in recent weeks.

Two episodes — both involving Black students targeted in constant bullying by their peers and inaction by school officials, parents say — have led to separate federal civil rights lawsuits.

At the heart of the two lawsuits is the pain parents say their children have endured as a result of months of constant and violent bullying — including an Instagram account that posted photos of Black students from a Lubbock middle school with racist captions, and racial discrimination by school officials against students at the high school in Slaton, about 17 miles south of Lubbock.

A third South Plains school district — Roosevelt ISD — had a parent file a federal complaint against them for racial discrimination by school officials. There, a mother took her daughter out of school after she claims school officials targeted her child for undue disciplinary actions.

Meanwhile, a threatening antisemitic petition was passed around by a student at another Lubbock middle school. Parents say they are disappointed the school hasn’t had a strong response.

On their own, these might seem like isolated incidents of school-age angst. However, racially driven and antisemitic incidents are on the rise in Texas. And now four different school districts in the South Plains are facing tensions emblematic of the widespread problem. Instead of addressing it directly, parents say school officials try to sweep the issues under the rug.

Lubbock-Cooper ISD — which includes Laura Bush Middle School, where the Instagram account was based — declined to comment on the federal lawsuit.

“Racism has no place at any school within Lubbock-Cooper ISD,” the district added in a statement. “It is not a reflection of our beliefs as a school and it completely contradicts the virtues we wish to instill in our students.”

Black students at the Laura Bush Middle School in Lubbock-Cooper ISD were allegedly bullied over months, including with an Instagram account that posted photos of them with racist captions. Credit: Mark Rogers for The Texas Tribune

The "Putinization" of Public Education: Texas superintendent tells librarians to pull books on sexuality, transgender people

What we see happening in Granbury ISD with Superintendent Glenn is nothing short of fascism, making it hard for me not to think of Vladimir Putin (read: "Putin's warning to anti-war Russians evokes Stalinist purges").

I hope folks see the irony that censorship and enforcing a fictitious narrative of heteronormativity by banning LGBTQ books is similar to what Putin is doing right now with Russians—and ostensibly, the world—to impose his fictions on the war he launched against Ukraine.

The colossal tragedy here is that there is so much freedom to be experienced in respecting and honoring difference together with observing others' dignity, especially children and youth in one's care. Hence, under the guise of upholding "the values of our community" Superintendent Glenn's words and actions send a terrible message of contempt toward those same children and youth that he should be protecting.

If, on the other hand, his motivations really are to purge Granbury ISD of those he sees as "scum and traitors," this would make Putin very proud.

Friends, this is full-blown fascism. We're a democracy. It's in our DNA.

We need to vote, run for office, and get involved in the legislative process. This hateful, fear-mongering, backwards, and morally bankrupt leadership needs to occupy the dustbin of history. The sooner, the better.

-Angela Valenzuela

Texas superintendent tells librarians to pull books on sexuality, transgender people

The Granbury superintendent’s comments, made on a leaked recording, raise constitutional concerns, legal experts said.

March 23, 2022, 12:30 PM CDT

By Mike Hixenbaugh and Jeremy Schwartz, ProPublica/The Texas Tribune

For months, conservative parents and politicians across Texas had been pressuring districts to remove from school libraries any books that contain explicit descriptions of sex, labeling several young adult novels as “pornography.” Gov. Greg Abbott, a Republican, called for criminal investigations into school employees who make such content available to students.

Many of the titles targeted statewide have featured queer characters and storylines, but those calling for the books’ removal have repeatedly said they are concerned only with sex and vulgarity, not with suppressing the views of LGBTQ students and authors.

Glenn made a similar argument during his closed-door meeting with librarians in Granbury, which is about an hour’s drive southwest of Dallas.

“I don’t want a kid picking up a book, whether it’s about homosexuality or heterosexuality, and reading about how to hook up sexually in our libraries,” Glenn said.

He also made it clear that his concerns specifically included books with LGBTQ themes, even if they do not describe sex. Those comments, according to legal experts, raise concerns about possible violations of the First Amendment and federal civil rights laws that protect students from discrimination based on their gender and sexuality.

“And I’m going to take it a step further with you,” he said, according to the recording. “There are two genders. There’s male, and there’s female. And I acknowledge that there are men that think they’re women. And there are women that think they’re men. And again, I don’t have any issues with what people want to believe, but there’s no place for it in our libraries.”

Minutes later, after someone asked whether titles on racism were acceptable, Glenn said books on different cultures “are great.” 

“Specifically, what we’re getting at, let’s call it what it is, and I’m cutting to the chase on a lot of this,” Glenn said. “It’s the transgender, LGBTQ and the sex — sexuality — in books. That’s what the governor has said that he will prosecute people for, and that’s what we’re pulling out.”

Over the next two weeks, the school district embarked on one of the largest book removals in the country, pulling about 130 titles from library shelves for review. Nearly three-quarters of the removed books featured LGBTQ characters or themes, according to a ProPublica and Texas Tribune analysis. Others dealt with racism, sex ed, abortion and women’s rights. 

Two months later, a volunteer review committee voted to permanently ban three of the books and return the others to shelves. But that may not be the end of the process. 

In his recorded comments to librarians, Glenn described the review of 130 titles as the first step in a broader appraisal of library content, and a new policy approved by the school board later in January grants him and other administrators broad authority to unilaterally remove additional titles they deem inappropriate, with no formal review and no way for the public to easily find out what has been pulled from shelves.

Legal, education and First Amendment experts contacted by NBC News, ProPublica and the Tribune said the audio of the superintendent, combined with the decision to abruptly remove books from circulation, even temporarily, raises constitutional concerns.

Glenn’s comments also call into question the district’s commitment to fostering a safe and inclusive school environment for LGBTQ students and could be grounds for a complaint to the Department of Education’s Office for Civil Rights, which enforces federal anti-discrimination laws, the experts said.

“This audio is very much evidence of anti-LGBTQ and particularly anti-trans discrimination,” said Kate Huddleston, a staff attorney with the American Civil Liberties Union of Texas, who reviewed the recording at the request of NBC News, ProPublica and the Tribune. “It is very much saying the quiet part out loud in a way that provides very significant evidence that book removals in the district are occurring because of anti-LGBTQ bias.”

In a written statement, Glenn said the district was committed to supporting students of all backgrounds. And although he said the district’s primary focus is educating students, “the values of our community will always be reflected in our schools.”

“In Granbury and across Texas we are seeing parents push back and demand elected officials put safeguards in place to protect their children from materials that serve no academic purpose, but rather push a political narrative,” Glenn said in the statement. “As a result, classrooms and libraries have turned schools into battle grounds for partisan politics.”

None of Granbury’s school board trustees responded to messages requesting comment. District spokesperson Jeff Meador sent a statement emphasizing that all of the books permanently removed from shelves in Granbury are “sexually explicit and not age-appropriate” and noting that district libraries “continue to house a socially and culturally diverse collection of books for students to read, including books which analyze and explore LGBTQ+ issues.” 

The three books the committee voted to remove were “This Book Is Gay,” a coming out guide for LGBTQ teens by transgender author Juno Dawson that includes detailed descriptions of sex; “Out of Darkness,” by Ashley Hope Pérez, a young adult novel about a romance between a Mexican American girl and a Black boy that includes a rape scene and other mature content; and “We Are the Ants,” by Shaun David Hutchinson, a coming-of-age novel about a gay teenager that includes explicit sexual language.

At least one member of the volunteer review committee was dissatisfied that only three books have been permanently removed so far, and she has started calling for a second review of the ones that have been returned.

“There are people who want to tear down values and force theirs and then also force acceptance,” Monica Brown, the committee member, said in a Facebook video following the decision. Brown did not respond to a request for comment. 

One of the Granbury ISD employees in attendance at the Jan. 10 meeting with librarians said that regardless of which books are pulled from shelves or returned, Glenn’s comments left her afraid to display or purchase LGBTQ books going forward — a chilling effect that she said could limit the diversity of Granbury library catalogs for years to come. The staff member, who was not the source of the audio, spoke on the condition that she not be named, because she feared retaliation from the district.

“He literally said books on trans issues have no place in a school,” she said. “It was alarming.”

The superintendent’s comments reflect a broader national debate. Conservative state legislatures across the country have been considering bills to restrict the ways educators teach about gender and sexuality in schools. This month, the Florida Legislature passed the Parental Rights in Education bill, dubbed the “Don’t Say Gay” bill by its critics, which restricts or bans discussion of LGBTQ issues in the classroom.

Conservative activists and politicians pushing these changes nationally say the goal is to prevent teachers from having sensitive conversations with students unless the parents give their consent. Some have at times conflated sex and sexual orientation, accusing educators of attempting to “groom” young children because the teachers had discussed the existence of transgender people and same-sex relationships. Opponents contend that the measures discriminate against LGBTQ students and educators and violate federal laws meant to prevent discrimination in schools.

These changes coincide with attempts in several conservative states to limit the rights of transgender minors to participate in school sports and to access gender-affirming medical care. Last month, Abbott issued a directive — temporarily halted by a Texas judge — ordering the state’s child welfare agency to open abuse investigations into any reported instances of minors receiving such medical care, including the prescription of puberty blockers or hormones. 

As superintendent of a district that’s home to more than 7,400 students, Glenn is responsible for implementing and enforcing policies that ensure that children are not discriminated against based on their gender identity or sexual orientation. 

After listening to the recording of Glenn’s remarks, Lou Whiting, a nonbinary junior at Granbury High School, said they were outraged. Whiting and another student who’s part of the LGBTQ community said classmates at Granbury have harassed them at school, but they’ve avoided reporting the harassment because they worried administrators wouldn’t take their complaints seriously.

Lou Whiting, a nonbinary junior at Granbury High School, said they were angry when they learned the district was pulling dozens of LGBTQ-themed books from libraries.Shelby Tauber for ProPublica, The Texas Tribune, NBC News

It was beyond interesting having a front-row seat on the brouhaha that took place at our university just before Thanksgiving last month involving UT College of Education researchers regarding an American Enterprise Institute (AEI)-inspired attempt to pause legitimate, well-designed research because its exclusive focus was on white children and caregivers.

Elaborated more fully in the Texas Tribune piece authored by Kate McGee appearing below, this attempt exposes an ultra-conservative agenda that involves AEI fellow and University of Michigan-Flint professor, Dr. Mark Perry, "who has filed hundreds of complaints with the OCR against universities that he believes are violating federal policies."

Not only would this attempt to thwart sound research violate Academic Freedom in higher education, but had the AEI succeeded, it would have set a terrible precedent at our university on anti-racist research.

On the heels of anti-CRT Senate Bill 3 that focuses exclusively on K-12 education, I see this as an opening volley against our social justice work in higher education about which we should all not only be vigilant, but vigorously oppose. The university ultimately did the right thing in lifting the "pause" to credible research that the university itself is funding by people who have nothing better to do than intimidate researchers asking important questions that help fill much-needed gaps in scholarship.

May this be a lesson to other scholars getting similarly targeted. Do not give in to these white supremacist obstructionists. I'm proud of our swift response and trust that we will continue to address such baseless complaints as they surface. Stated differently, not responding means caving in to our freedom of expression and Academic Freedom that should never be compromised. Never.

-Angela Valenzuela

UT-Austin professors criticize university for halting antiracism study with preschoolers

The decision to halt the study comes after a University of Michigan-Flint professor filed an Office for Civil Rights complaint against the study, arguing it discriminates against children of color. But professors said pausing the study sets a negative precedent that could impact academic freedom.

BY KATE MCGEE NOV. 22, 20216 PM CENTRAL

Credit:Multiple University of Texas at Austin faculty groups say administrators are bowing to political pressure for pausing research into a program that teaches white preschoolers about anti-Black racism.  Allie Goulding/The Texas Tribune

The University of Texas at Austin has paused a study on a program that teaches white preschoolers about anti-Black racism, drawing criticism from multiple faculty groups accusing the school of bowing to political pressure.

The research project itself is the target of a complaint with the U.S. Department of Education’s Office for Civil Rights that claims it discriminates against children of color because only white children are participants. The three researchers conducting the study were told to pause their research as UT-Austin administrators conduct a legal review of the complaint.

But some faculty members say the pause will negatively impact the research and will set a negative precedent that could allow anyone “to derail faculty research based on content they may disagree with,” according to a letter obtained by The Texas Tribune on Monday.

“To succumb to political coercion, especially as it relates to scholarship that confronts anti-Black racism, white supremacy, and any other forms of oppression, compromises the central function of a public university,” the letter states. “The University’s actions send a message that risks censoring and chilling professor speech based on viewpoint, running afoul of central tenants of the First Amendment.”

In an email to the university’s provost, the researchers conducting the study said that based on consultation with people who have experience with the Office for Civil Rights and academic freedom experts, “this is an atypical and unprecedented response from a university.”

The UT-Austin Committee of Counsel on Academic Freedom and Responsibility also sent a letter to UT-Austin President Jay Hartzell and administrators stating they were alerted by the three researchers that the university’s action potentially violated their academic freedom. The organization said it would be investigating the allegation, according to a copy of that letter obtained by the Tribune.

The complaint about the research — and administrators’ directive to pause it — comes as conservatives in Texas and the U.S. wage a war against what they consider to be critical race theory. That academic discipline centers on the idea that racism is not restricted to individuals but is embedded in policies and legal systems. Experts on critical race theory say critics are actually targeting any teachings that challenge and complicate dominant, white-centric narratives about America’s history and identity.

The Texas Legislature this year passed new restrictions on how public school teachers can discuss current events, encourage civic engagement and teach about America’s history of racism. Last month, state Rep. Matt Krause, R-Fort Worth, asked school districts which books available on their campuses included about 850 titles, most of which include discussions of race or sexuality.

The GoKAR! Project, which stands for Kids Against Racism, is a program developed to create “opportunities for caregivers to engage in dialogue about anti-Black racism with their preschool-aged children at home,” using children’s videos and discussion guides, according to a recruitment flyer on the school’s website. It was proposed through the university’s Associate Professor Experimental program and funded last year. It received a $100,000 grant.

Participants must commit seven to 12 hours and earn a $25 gift card for participating. According to the flyer posted online, the researchers wanted to recruit up to 200 pairs of caregivers and children to participate this fall. The flyer states that all participants must be white. Researchers said the study serves to deepen scholarship about the potential impact of reducing bias and systemic racism.

The program has received attention from conservative-leaning news outlets, including Fox News and the Daily Caller. UT-Austin faculty told administrators in their letter that the decision to pause the study after right-leaning news outlets wrote about it “is even more worrisome, as it represents a response motivated by political pressures.”

They call on UT-Austin to fully reinstate the study while the Office for Civil Rights considers if it will conduct an investigation. OCR investigations can take months and, sometimes, more than a year.

Concerns about setting precedent

According to emails obtained by the Tribune, UT-Austin Provost Sharon Wood emailed the three researchers Thursday night asking them to “pause delivery of any educational program materials to the volunteers who have agreed to participate in this project.”

“UT will work promptly to retain expert outside counsel to conduct an objective review under an expedited time frame,” Wood said.

On Sunday, the researchers received a follow-up email that amended the directive and said they must pause ongoing recruitment and enrollment of new participants.

The university did not respond to the Tribune’s request for comment Monday. The university posted on its website last week that school officials were aware of the OCR complaint.

“Because we also expect all research projects to comply with the law and university policies, the university is conducting a legal compliance review of the complaint before this study is launched,” the website states.

Yet according to one of the researchers, Huriya Jabbar, they had started recruiting students to participate in October.

The three researchers who are overseeing the program declined to provide further details. They told Wood via email they will cooperate with the system’s legal review but asked the school to reconsider the demand that they pause their work and expressed worry that the university’s decision to pause their progress will create unintended consequences.

“We are concerned about the precedent that set, the door this opens for complaints filed by anyone to derail faculty research, the messages that this communicates both within and beyond UT, and the broader implications for researchers’ academic freedom at UT,” the email reads.

The complaint was filed by Mark Perry, a University of Michigan-Flint professor and fellow at the American Enterprise Institute, a right-leaning think tank in Washington, D.C., who writes about economics. Perry has filed hundreds of complaints with the OCR against universities that he believes are violating federal policies. Recently, OCR said it would investigate eight of 10 complaints he filed since March 2020. That includes his complaints about Austin jeweler Kendra Scott’s Women’s Entrepreneurial Leadership Institute within UT-Austin’s College of Fine Arts and a meetup for first-year women engineers at the Cockrell School of Engineering known as “Chocolate Chats.”

In a letter to the U.S. Department of Education, Perry argues that GoKAR! discriminates against children and caregivers of color by not letting them participate.

Faculty argue in their letter the research reflects the National Institute of Health’s guidance related to civil rights protections in research.

“Research projects are often limited in scope for many reasons, such as the principal investigator’s scientific interest, funding limitations, recruitment requirements and other non-discriminatory considerations,” the guidance states. “Thus, criteria in research protocols that target or exclude certain populations are warranted where nondiscriminatory justifications establish that such criteria are appropriate with respect to the health of the subjects, the scientific study design, or the purpose of the research.”

In their letter, UT-Austin faculty say there are multiple reasons the project limits participants to white students, including the size of the grant, consultations with experts in the field and a review of the current gaps in the literature.

“This limitation is important because existing literature indicates opinions, biases and the effectiveness of interventions vary across racial groups,” the professors wrote. “The study’s sampling of one racial group ensures that its findings are more robust.”

Perry wasn’t the only person who has shown interest in this research program, the professors allege. UT-Austin McCombs School of Business Professor Richard Lowery and Austin-based lawyer Louis Bonham both filed open records requests earlier this month requesting information from the research team.

Lowery declined to comment on the matter. Bonham has written about the study on Minding the Campus, a libertarian-conservative website that focuses on higher education.

Disclosure: University of Texas at Austin, University of Texas at Austin - McCombs School of Business and University of Texas at Austin - Texas Enterprise - McCombs School of Business have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.