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This Legal Guide to Implicit Bias in Education is created for educators in all areas of the most important profession -shaping the minds and hearts of youth in preparation to become productive citizens of society. Developed by an elementary educator, this Guide emphasizes the importance of influence in the classroom from the very beginning of a child's educational journey, and would benefit teachers in all grade levels. This can be utilized as a supplemental training or professional development resource.

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Colleen English, a highly respected teacher of 15 years, with several leadership positions and the 2019 Europe West Teacher of the Year award, begins a new journey as an assistant principal in the upcoming 2020/21 school year at Lakenheath Elementary School in the United Kingdom. Her professional expertise and experiences support her views and opinions on implicit bias in education.

English explains that implicit bias impacts teaching through the ways in which teachers and staff interact with students.  The thoughts, feelings, and bias that adults have can impact instructional decisions and interactions with students relationships.  Teachers' knowledge of their own biases and feelings affect how they move forward and create instructional plans. Instructional leaders need to hold the knowledge, skills, and abilities to create learning environments which provide equal opportunities for all students.

English describes three best practices related to implicit bias that she implements in the classroom and believes should be implemented by all teachers:

Differentiate learning opportunities that meet all students' needs.

Ensure all learners have equal access to classroom discussions, activities, resources, technology, and support.

Promote opportunities to develop empathy, respect, and appreciation for differences in abilities, aptitudes, backgrounds and cultures.

In regard to an emerging issue related to implicit bias, English describes the current events surrounding racism in America. She believes that societal issues affect education, and vice versa. Awareness and training on implicit bias and multicultural education could be on the horizon for teachers, despite the fact that a bill in 2018 pertaining specifically to implicit bias training in education did not pass in Congress (Combating Implicit Bias in Education Act of 2018, H.R. 6765, 115th Cong. § 2).

References

C. English, personal communication, June 15, 2020.

Combating Implicit Bias in Education Act of 2018, H.R. 6765, 115th Cong. § 2 (2018).

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The National Education Association [NEA] EdJustice Organization highlights and supports activists in standing up for social and racial justice in the education system. The organization connects and communicates with other activists and provides updated information on current issues and policies related to social justice and education. Representing and advocating for children in the public education system is a priority among the NEA EdJustice members. Acting as America's largest professional organization (NEA EdJustice, 2020) the NEA reaches and influences educators across the country. The EdJustice section of the organization posts articles and blogs covering current topics and issues that face society and education, with the purpose of educating, connecting, and motivating activists and prospective activists to fight for justice. The most recent articles, for example, discuss CoVID19 and the communities, racial justice in education, support for ethnic studies, the Black Lives Matter movement at school, and the school-to-prison pipeline (NEA EdJustice, 2020).

Reference

National Education Association EdJustice. (2020). https://neaedjustice.org/.

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"Are America's Schools Ready for Tough Talk on Racism?," an article published earlier this year in EdWeek by C. Mitchell, directly correlates current issues to implicit bias in education.

Speeches and protests following the death of George Floyd this year are advocating for racial justice. Implicit bias in education contributes to the injustices of society.

A Black superintendent speaks out for the need to fight racism in schools. White colleagues claim they are not aware of racist issues in their schools. Educators are often unaware of implicit biases that lead to or account for racist issues in school.

Pushback from colleagues and White community members demonstrates the necessity to address implicit bias in education. Race issues are often ignored and not addressed in schools and among educators. Teachers must become aware of implicit biases and work to eradicate even the subtlest of actions and remarks that strengthen racial injustice.

Reference

Mitchell, C. (2020). Are America's schools ready for tough talk on racism? Retrieved from https://www.edweek.org/ew/articles/2020/06/12/are-americas-schools-ready-for-tough-talk.html.

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"The Air We Breath: Implicit Bias and Police Shootings" is a recent podcast on National Public Radio that demonstrates the obvious existence of implicit bias in American society through the telling of several stories involving police shooting unarmed, and often innocent, citizens.

Implicit bias exists and can have adverse effects on human life, from education setbacks and unjust educational experiences to death, in extreme cases.

Knowledge is power and schools have the capacity to educate staff and students of implicit bias in order to bring awareness, weaken discrimination and prejudice, and effectively and respectfully communicate with others.

The longer implicit bias and other racial issues are ignored or not addressed in an educational setting, the deeper racial injustice grows. Children are very impressionable, and experiences and views from parents and teachers influence and develop youth perspectives, in turn impacting American society.

Reference

National Public Radio (Producer). (2020, June 12). The air we breathe: Implicit bias and police shootings. In Hidden Brain [Audio podcast]. Retrieved from https://www.npr.org/.

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Citation and link: (Tex. Educ. Code § 1.002(a))
Major Points

All educational institutions in Texas must provide equal opportunities to all individuals within the boundaries of the institution.

Connection to Implicit Bias

Biases, known and unknown affect treatment of and actions toward others.

Educators must provide all students equal opportunities to succeed in the classroom without implicit bias getting in the way.

Reference
Tex. Educ. Code § 1.002(a).

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Citation and link:  (U.S. Const. amend. XIV)
Major Points

Citizens are guaranteed equal opportunities and rights.

States cannot weaken privileges or immunities of U.S. citizens.

States cannot deprive anyone's life, liberty, or property without adhering to the proper channels and regulations of the law.

States cannot deny equal protection of the laws to anyone.

Connection to Implicit Bias

Biases, known and unknown affect treatment of and actions toward others.

Reference
U.S. Const. amend. XIV.

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Citation and link: (Brown v. Board, 1954)
Major Points

Brown filed suit against the Board of Education because Black students were not allowed to go to school with White students, and claimed the issue an unconstitutional act violating the Fourteenth Amendment.

The district court ruled in favor of the board, reinforcing "separate but equal."

Once appealed, the Supreme Court ruled in favor of Brown, determining "separate but equal" and segregation violates the Equal Protection Clause of U.S. Const. amend. XIV

Connection to Implicit Bias

The case reinforces the Fourteenth Amendment in upholding equal rights for all citizens.

Implicit bias against a child or group makes any situation unequal.

Reference
Brown v. Board of Education of Topeka, 347 US 483 (1954).

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Citation and link: (19 TAC § 149.1001(b)(4))
Major Points

Educator Standard 4 explains expectations for teachers regarding the learning environment and students.

Respectful interaction with students and a safe and supportive learning environment outline the standard.

Details include embracing students' backgrounds as an asset, maintaining a respectful and  collaborative learning space, and responding to all students' needs.

Connection to Implicit Bias

Implicit bias impedes the successful achievement of the above standards.

Reference
Teacher Standards, 19. Tex. Admin. Code § 149.1001(b)(4).

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Citation and link: (Angelo State Operating Policies and Procedures, 2017)

The Non-Discrimination and Anti-Harassment Policy for Angelo State University explicitly points out that the campus does not tolerate or allow discrimination against any individual. Support and respect are high priorities within the Institution. Any discriminatory behavior is prohibited.

The policy does not discuss implicit bias, but implies that acts of implicit bias are not welcomed. Implicit bias causes a person to unconsciously discriminate against others, and discrimination is not tolerated at Angelo State University.

Reference

Angelo State University. (2017, August 17). Non-Discrimination and Anti-Harassment Policy and Complaint Procedure for Violations of Employment and Other Laws, OP 16.02. Retrieved from https://www.angelo.edu/content/files/22687-op-1602-non-discrimination-and-anti-harassment.

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Citation and link: (Teaching Tolerance website, 2020)

The Teaching Tolerance website is a resource dedicated to educating teachers on various sensitive but valuable topics that affect and impact student achievement, social relationships, and the shaping of society in the future. Topics include race and ethnicity, ability, social class, religion, gender, sexual identity, bullying, bias, rights, and activism. Professional development opportunities, classroom resources, podcasts, and news articles are offered on the site for teachers to learn and share their knowledge with others.

Reference

Teaching Tolerance website. (2020). https://www.tolerance.org/.

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Citation and link: (19 TAC § 247.2)

Standard 1.10 states that educators are to be worthy and of good moral character to teach in Texas. Implicit bias can harm one's character by impressing upon others a prejudicial, discriminatory, racist perspective. One with good moral character will not be ignorant to implicit bias.

Standard 2.5 states that educators will not discriminate against other educators. Implicit bias naturally leads to discrimination. Colleagues who do not wish to discriminate will not be ignorant to implicit bias.

Reference

Educators’ Code of Ethics, 19 Tex. Admin. Code § 247.2.

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Best practices and proposed next steps listed here are recommendations for educators, administrators, and the education field as a whole.

Make time for routine, genuine introspection.

Stay current on controversial topics that affect society.

Incorporate multicultural lessons and resources in class.

Highlight and celebrate cultural differences and perspectives in class.

Give respect to get it, and teach others the same.

Make an effort to demonstrate sensitivity and sincerity toward all students.

Speak up, stand up, defend, and protect against discriminatory, prejudiced, and biased behavior toward students and colleagues.

Attend professional development trainings regarding implicit bias. If such trainings do not exist, request that one be developed and offered.

Encourage others to self-check for implicit biases.

Lead by example.