On September 12, Albemarle County Public Schools representatives were in court to defend against allegations its anti-racism policies are discriminatory.
Previously dismissed with prejudice in April 2022, the case, Ibañez v. Albemarle County School Board, went before the Court of Appeals of Virginia in the chambers of the Virginia Supreme Court for oral arguments after the plaintiffs—a group of local parents concerned about the curriculum—appealed the dismissal. The parents allege that ACPS’ anti-racism policies are discriminatory and indoctrinate children through critical race theory, a graduate-level framework for discussing the interactions between race and law.
The complaint against the anti-racism policy, first filed in December of 2021, asked the Albemarle County Circuit Court to issue a judgment effectively labeling the policy unconstitutional, ending enforcement of the policy, providing an option for parents to opt out of the anti-racism instruction, and providing compensatory and other damages to the plaintiffs.
In the complaint, specific content from the curriculum highlighted as problematic included a Courageous Conversations slide with text reading, “In the absence of making anti-racist choices, we (un)consciously uphold aspects of white supremacy, white-dominant culture, and unequal institutions and society.” The suit also takes issue with schools’ discussion of white privilege, and instruction that “the dominant culture is White and Christian and therefore responsible for racism.”
Though the suit was dismissed with prejudice—which means the complaint can’t be refiled—by Judge Claude Worrell, legal representatives of the parents immediately indicated they would appeal the dismissal.
The parents—Carlos and Tatiana Ibañez, Matthew and Marie Mierzejewski, Kemal and Margaret Gokturk, Erin and Trent Taliaferro, and Melissa Riley—are represented by the Alliance Defending Freedom, a conservative Christian legal group. While the ADF describes its work as “advanc[ing] the God-given right to live and speak the Truth,” the organization has been labeled an anti-LGBTQ hate group by the Southern Poverty Law Center.
In a client profile for the ADF, the Ibañezes shared their background and explained the impetus for the suit. Originally from Panama City, Panama, the couple said their daughter was distressed after watching an anti-racism video at school. “One of the videos said basically that you had to be white to be successful. People of color were not gonna be able to live in a big house or get a good education,” said Tatiana Ibañez. “Just based on the color of their skin.”
“We never agreed that we were going to co-parent our children with the school administrators or school policies or the school board,” said Carlos Ibañez.
“Albemarle Schools is violating students’ civil rights treating them differently based on race, and by compelling them to affirm and support ideas contrary to their deeply held moral, philosophical, and religious beliefs,” says ADF Senior Counsel and Director of Parental Rights Kate Anderson. “We are hopeful the court recognizes that parents have a right and responsibility to direct the upbringing of their children and that the Albemarle County School Board is trampling on this right. As we wait for a ruling from the court, Alliance Defending Freedom will continue to uphold the civil rights of parents and their children in school.”
At press time, both the Virginia court case information system and the ADF list the case as active, but no future hearings have been scheduled.