CA AB 715

Quick answers

Description

(1) Existing law states the policy of the State of California is to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state. Existing law prohibits the governing board of a school district, a county board of education, or the governing body of a charter school from adopting or approving the use of any textbook, instructional material, supplemental instructional material, or curriculum if its use would subject a pupil to unlawful discrimination, as specified. This bill would additionally prohibit the adoption or approval of the use of any professional development materials if the use of the material would subject a pupil to unlawful discrimination, as specified. The bill would similarly prohibit the adoption or approval of the use of professional development materials or services that promote, endorse, or otherwise support actions or the use of textbooks, instructional materials, supplemental instructional materials, or curriculum that would subject a pupil to unlawful discrimination, as specified. If the governing board of a school district, a county board of education, or the governing body of a charter school knows or has reason to know that materials were used in a classroom or an action occurred that resulted in unlawful discrimination, or knows or has reason to know that professional development materials or services were used that resulted in unlawful discrimination, the bill would require investigation and remediation of the action, as provided. This bill would establish the Office of Civil Rights, under the administration of the Government Operations Agency, with the purpose of working directly with local educational agencies to prevent and address discrimination and bias, as specified. The bill would require the Director of the Office of Civil Rights to be appointed by the Governor and confirmed by the Senate. The bill would require the Office of Civil Rights, in consultation with the State Department of Education and under the supervision of the Government Operations Agency, to, among other things, (A) provide education and educational resources to identify and prevent antisemitism and other forms of discrimination and bias, (B) share relevant laws and regulations with educational state agencies, school districts, county offices of education, charter schools, and community stakeholders, and (C) annually submit a report to the Government Operations Agency, the Superintendent of Public Instruction, the executive director of the State Board of Education, and the Legislature on the state of discrimination and bias in all local educational agencies, as specified. The bill would also require the Office of Civil Rights to employ the Antisemitism Prevention Coordinator to be appointed by the Governor and confirmed by the Senate. The bill would require the Antisemitism Prevention Coordinator to, among other things, develop, consult, and provide antisemitism education to school personnel to identify and proactively prevent antisemitism and to make recommendations, in coordination with the executive director of the state board, to the Legislature on legislation necessary for the prevention of antisemitism in educational settings. (2) Existing law authorizes a party to a written complaint of prohibited discrimination to appeal the action taken by the governing board of a school district to the State Department of Education. This bill would authorize a party to a written complaint of prohibited discrimination to appeal to the department based on the governing board of a school district's failure to issue an investigation report within a certain timeline. Existing law authorizes a person to file a complaint of an alleged violation with the local educational agency using the uniform complaint process or directly with the Superintendent as provided. If the Superintendent determines that a local educational agency has violated that prohibition and has not taken corrective action within 60 days, existing law authorizes the department to use any means authorized to effect compliance. This bill would authorize the department to require local educational agencies to take specified corrective actions, including obtaining technical assistance from the Office of Civil Rights and requiring the local educational agency to engage in regular reporting to the Office of Civil Rights and to use alternative instructional materials. The bill would prohibit instructional materials found to have resulted in unlawful discrimination, as provided, to be used in any current course offerings or any subsequent course offerings. If the unlawful discrimination involves antisemitism, the bill would require an improvement plan to be created in consultation with the Antisemitism Prevention Coordinator. If a determination is made that an organization has contracted to provide any textbook, instructional material, professional development material, supplemental instructional material, or curriculum that violates specified laws that prohibit subjecting a pupil to unlawful discrimination, the bill would require a local educational agency or the Superintendent to notify the organization that it must take corrective action, as provided, and would require the organization found to be in violation to, among other things, reimburse all funds received for their services from the local educational agency. (3) Existing law prohibits instruction or school-sponsored activities that promote a discriminatory bias on the basis of race or ethnicity, gender, religion, disability, nationality, sexual orientation, or other characteristics, as provided. This bill would establish that discriminatory bias in instruction and school-sponsored activities does not require a showing of direct harm to members of a protected group and would not require members of a protected group to be present while the discriminatory bias is occurring for the act to be considered discriminatory bias. If the governing board or body of the local educational agency finds that instruction or school-sponsored activities are discriminatory, as provided, the bill would require corrective action to be taken, as provided. (4) Existing law requires the governing board of a school district to annually notify parents or guardians of minor pupils of specified rights and responsibilities of the parent or guardian and of specified school district policies and procedures. This bill would require the notification to additionally advise the parent or guardian of the protections, requirements, and responsibilities prescribed in this bill. (5) This bill would require the department, by October 1 of each year, to issue a management bulletin to all local educational agencies describing the protections, requirements, and responsibilities prescribed in certain laws. The bill would require the Superintendent, in consultation with the executive director of the state board and the Antisemitism Prevention Coordinator, to develop and maintain a distinct internet web page containing resources and information specific to antisemitism on its internet website. (6) This bill would make the operation of its provisions contingent upon the enactment of SB 48 of the 2025–26 Regular Session. (7) By imposing additional duties on local educational agencies, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.