Policy BriefsIn December 2022, CREED released our third policy brief: Color-Coded Curriculum - How North Carolina’s Academic TrackingRegime Creates Micro-Segregation and What Our State Can Do To Remedy It, authored by Trey Ferguson, an Associate Attorneyat Sumrell Sugg, P.A., in New Bern, North Carolina.This policy brief highlighted the problems associated with academic tracking, the practice of separating students into di昀昀erent classesbased on perceived academic ability or past performance. Students are 昀椀rst tracked in elementary school and typically remain on a trackonce assigned. Following an overview of the issue, the brief examines the origins of academic tracking, describes how the practice iscurrently used in North Carolina’s public schools, and then outlines ways that academic tracking harms students, particularly studentsof color.The brief concludes by proposing three possible alternatives to the current academic tracking system which deny students of coloraccess to high-quality education: 1) eliminate the tracking system altogether, 2) alter the teacher-recommendation process to limit theimpact of conscious and unconscious bias on which students are selected for advanced level courses, and 3) allow students to selfselect into honors and advanced level courses.Reflecting on Education Policy in North CarolinaDr. Jerry J. Wilson, Director of Policy and AdvocacyThe education policy landscape in North Carolina was fraught this year. The state legislature introduced several bills that threatened tooutlaw racial equity e昀昀orts in public schools and prohibit school districts from hiring educators who have advocated for social Justicein the past (HB187).Lawmakers also proposed anti LGBTQ+ bills modeled after Florida’s dangerous “Don’t Say Gay” law. The bill passed the legislature, butGovernor Roy Cooper vetoed it, citing the harm it would cause to students, families, and educators. However, the majority party in theLegislature voted to override the veto after a member of the minority party switched parties shortly after being reelected.As the legislative session nears an end, many questions remain about the state budget and public education funding. Lawmakers recentlyapproved unlimited expansion of charter schools despite opposition from the governor, and have proposed a massive expansion of thestate’s private school voucher program that began in 2014. Educators, advocates, and families are at the mercy of elected o昀케cials whohave demonstrated willingness to pass unpopular policies that would harm students while refusing to ful昀椀ll their constitutional obligationto increase education funding under the Leandro case.9
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