Legal Guidelines
State Mandate Update
**The proposed California 2026 budget does not include funding for Ethnic Studies, and the subject is not yet a state graduation requirement. This provides an opportunity for school districts that do want to implement Ethnic Studies, to do so in the thoughtful and intentional manner the subject and students deserve.
School District Policies
Many school districts have policies and regulations around discrimination and the teaching of controversial issues in the classroom. These cover the teachers’ role in discussing controversial issues and the public’s input on classroom material. Each state and district will have different codes, so when reviewing your district’s resolutions and policies, look for the following key terms:
Discrimination/Nondiscrimination
Bias
Controversial Issues
School Climate
Instructional Material
Examples From Local Districts
Board Policy 6144: Controversial Issues
All sides of a controversial issue are impartially presented
Without promoting any partisan point of view, the teacher should help students separate fact from opinion and warn them against drawing conclusions from insufficient data.
Administrative Regulation 6161.1: Selection and Evaluation of Instructional Materials
The Superintendent or designee shall establish a process by which instructional materials shall be reviewed for recommendation to the Board. Toward that end, he/she may establish an instructional materials review committee to evaluate and recommend instructional materials.
The review process shall involve teachers in a substantial manner and shall encourage the participation of parents/guardians and community members.
California Education Codes
California has several Education Codes that prevent bias in the classroom and support community involvement in classroom instruction. For example:
••Section 220: No person shall be subjected to discrimination on the basis of ... nationality, race or ethnicity, religion...in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance…
••Section 51500: A teacher shall not give instruction and a school district shall not sponsor any activity that promotes a discriminatory bias on the basis of race or ethnicity, ...religion...nationality...
••Section 60002: Each district board shall provide for substantial teacher involvement in the selection of instructional materials and shall promote the involvement of parents and other members of the community in the selection of instructional materials.
Teaching a course in which Critical Race Theory (CRT) is the only guiding framework, as it is in Liberated/Critical Ethnic Studies, is in opposition to California State Board of Education’s obligation to not adopt instructional materials "that contain any matter reflecting adversely upon persons on the basis of race.” (CA Education Code Section 51501). California teachers must "impress upon the minds of the pupils ...the promotion of harmonious relations" and not promote "discriminatory bias on the basis of race" in our classrooms. (CA Education Code Sections 233.5(a) and 51500).
Laws Standards and Guidelines
Discrimination Based on Religion/Race/Ethnicity: Not Permitted
Citation
US Constitution Article I, Section 4: Free exercise and enjoyment of religion without discrimination or preference are guaranteed.
Federal Civil Rights Act: 42 U.S.C. Section 2000d. No person in the United States shall, on the ground of race, color or national origin be subjected to discrimination under any program or activity receiving Federal financial assistance
California Constitution: Article I, Section 31(a) The State shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race..., ethnicity, or national origin in the operation of... public education...[(f)...'State' shall include... school district...]
California Education Code:
Section 220. No person shall be subjected to discrimination on the basis of ... nationality, race or ethnicity, religion...in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance…
Section 51500. A teacher shall not give instruction and a school district shall not sponsor any activity that promotes a discriminatory bias on the basis of race or ethnicity, ...religion...nationality...
Laws Standards and Guidelines
Instruction and Instructional Materials: Must Promote Harmonious Relations, Be Accurate, Be Objective, Be Suited to Students’ Needs & Not Reflect Adversely on Religion/Race/Ethnicity
Citation
California Education Code:
Section 233.5 (a) Each teacher shall endeavor to impress upon the minds of the pupils ...the promotion of harmonious relations…
Section 60010(h) “Instructional materials” means all materials that are designed for use by pupils and their teachers as a learning resource.
Section 51501. The state board and any governing board shall not adopt any ...instructional materials for use in the public schools that contain any matter reflecting adversely upon persons on the basis of race or ethnicity, ...religion...nationality...
Section 60044. A governing board shall not adopt any instructional materials for use in the schools that, in its determination, contain (a) any matter reflecting adversely upon persons on the basis of race or ethnicity,...religion …nationality...
Section 60045. All instructional materials …shall be…accurate, objective, and current and suited to the needs and comprehension of pupils.”