Kohler responded, stating she made the decision in late fall "to limit public comment" on the resolution and the 1619 Project, named for the date of the first arrival of Africans on American soil, "to written testimony only," according to the lawsuit.
Mandy Minick, chief communications officer for the Ohio Department of Education, declined to comment on the lawsuit as of Thursday morning.
What's in the resolution?
The board's Resolution to Condemn Racism and to Advance Equity and Opportunity for Black Students, Indigenous Students and Students of Color is a statement against racism. But Hartman charges that it "goes far beyond that."
"It's basically promoting and advancing critical race theory and the 1619 Project," he said.
The board does not explicitly mention the 1619 Project in its resolution. In the lawsuit, Hartman describes the 1619 Project as a "Marxist-inspired effort at revisionist history that falsely seeks to redefine and vilify the United States and its founding principles."
The resolution does call for a curriculum that "reflects the history and background of all students, and empowers students to value all cultures." The resolution also calls for a reexamination of academic content standards and model curriculums to eliminate bias and ensure accuracy in discussions of racism.
Black male students often fall behind their white peers in school and have lower graduation rates, the resolution states, and are often affected disproportionately by suspensions, expulsions and zero-tolerance discipline policies in schools.
"Research has shown that a culturally responsive curriculum can motivate students of color to a higher level of academic achievement and in many cases increase the graduation rate of previously disengaged students," the resolution reads.
The board wrote that the "starting point" in working towards racial equity "must be reflection and internal examination." The resolution says the board will offer implicit bias training to board members and require the same training for all state employees and contractors working with the Department of Education. It encourages all Ohio school districts to conduct examinations and reflections on their own internal policies, curriculum, hiring practices and student discipline.
'I don't want to... listen.'
The resolution undermines "the freedom-loving aspects of American society," according to the lawsuit, and provoked a "significant outcry" from the public. But now Regenold and others have been "barred" from speaking during Board of Education meetings based on their "anticipated statements," the lawsuit states.
The lawsuit says board president Kohler decided to preclude any further comments from the public regarding the resolution or other related topics sometime after the board's Nov. 10 meeting.
The board never formally voted on the restrictions, but the lawsuit said the ban has prevailed since then. During an April 13 meeting, Kohler acknowledged that there were "a couple of speakers who wanted to address the Board on critical race theory" but denied them the opportunity to speak based on the subject matter, the lawsuit states.
Other board members applauded Kohler's decision, according to the lawsuit. Miranda said she thought "it will not serve any purpose to have a talk about critical race theory" and that "people don't really understand it."
"I don't want to sit here again and listen to two months of people – they have their opinions... This is not what I'm here for," Johnson said at the April 13 meeting, according to the lawsuit.
Hartman's lawsuit against the Ohio Board of Education calls for an injunction to stop board members from prohibiting public comment on the topic of race at future meetings. The next meeting is scheduled for May 10-11, according to the Department of Education's website .
