Which states are restricting, or requiring, lessons on race, sex and gender

April 4, 2024 at 5:30 a.m. EDT
3 min

Since 2017, dozens of states have enacted more than 110 laws and policies reshaping the teaching of race, racism, sexual orientation and gender identity. These new rules now affect how three-fourths of the nation’s students learn about topics ranging from the role of slavery in American history to the lives of nonbinary people.

The Washington Post is tracking state laws, rules and policies that regulate instruction about race, as well as lessons on sex and gender, and will continue to update this page as state leaders take action.

Much of the first wave of curriculum legislation — from the late 2010s to 2021 — focused on how schools can teach about race, racism and the nation’s racial history.

How race education has changed in each state

Mostly blue states have passed expansive laws that do things like require that students learn about Black or Native American history. For example, a 2021 Delaware law says schools must offer K-12 students instruction on Black history including the “central role racism played in the Civil War” and “the significance of enslavement in the development of the American economy.”

Mostly red states, meanwhile, have passed laws that, among other things, outlaw teaching a long list of concepts related to race, including the idea that America is systemically racist or that students should feel guilt, shame or responsibility for historical wrongs due to their race. For example, a 2021 Texas law forbids teaching that “slavery and racism are anything other than deviations from, betrayals of, or failures to live up to, the authentic founding principles of the United States, which include liberty and equality.”

The target of curriculum laws has shifted over time to include determining how teachers can discuss — or whether they can discuss — gender identity and sexual orientation with students.

Changes to sex/gender education in each state

Mostly blue states have passed expansive laws that do things like require teaching about prominent LGBTQ individuals in history. For example, a 2024 Washington state law says school districts must adopt “inclusive curricula” and “diverse, equitable, inclusive” instructional materials that feature the perspectives of historically marginalized groups including LGBTQ people.

But at the same time, mostly red states have passed restrictive laws that would, among other things, outlaw lessons about gender identity and sexual orientation before a certain grade or require parental permission to learn about these topics. In one example, a 2023 Tennessee law says schools must obtain parents’ written consent for a student to receive lessons featuring a “sexual orientation curriculum or gender identity curriculum.”

Who is affected by these restrictions?

The laws cumulatively affect about three-fourths of all Americans aged 5 to 19, The Post found. The restrictive laws alone affect nearly half of all Americans in that age group. The majority of laws apply to K-12 campuses, where First Amendment protections are less potent as compared to the freedoms the courts have afforded to college and university professors.