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.
AB 715 expands existing law to prohibit the use of any professional development materials or services that could lead to unlawful discrimination, adding to existing bans on discriminatory textbooks and instructional materials. The prohibitions extend to vendors and third parties that violate discrimination laws. AB 715 also provides that if the governing board learns or has reason to believe that professional development materials or services were used that resulted in unlawful discrimination, it must investigate and take appropriate corrective action. Additionally, if the governing board learns that the third party or vendor engaged in unlawful discrimination, it must take action or the complainant may notify the Superintendent of Instruction, who shall require the governing board to take corrective action.
Under existing law, the California Department of Education may intervene to ensure local education agencies (LEAs) comply with existing complaint procedures under specified conditions. The bill provides that a party to a written complaint of prohibited discrimination may appeal the complaint to the Superintendent in accordance with Section 4650(a)(4) of Title 5 of the California Code of Regulations. The Superintendent must then take the necessary steps to work with the LEA to issue an investigation report within the specified time.
AB 715 also establishes the Office of Civil Rights to work with local agencies to prevent discrimination and requires the office to address issues such as antisemitism. The bill also requires the Governor to appoint the Director of the Office of Civil Rights and subject to confirmation by the Senate. The bill requires the Office of Civil Rights to:
The bill requires the Office of Civil Rights to employ the Antisemitism Prevention Coordinator to be appointed by the Governor and confirmed by the Senate. The Antisemitism Prevention Coordinator is required to 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.
AB 715 requires that the governing board investigate discrimination claims and take corrective action if violations occur. If the governing board fails to take corrective action after investigating a complaint, the bill authorizes a party to a written complaint of prohibited discrimination to appeal if the governing board fails to issue an investigation report within a certain timeline.
This bill also requires the Department of Education, by October 1 of each year, to issue a management bulletin to all local educational agencies describing the protections, requirements, and responsibilities prescribed under this bill and existing law prohibiting discrimination. The bill requires the Superintendent, in consultation with the executive director of the state board and the Antisemitism Prevention Coordinator, to develop and maintain a distinct internet webpage containing resources and information specific to antisemitism on its board’s website. Additionally, it mandates annual notifications to parents about discrimination protections and a dedicated website for antisemitism prevention.
SB 48 establishes various discrimination prevention coordinators as part of the Office of Civil Rights. The bill specifically requires the Office of Civil Rights to employ the following coordinators: Religious Discrimination Prevention Coordinator, a Race and Ethnicity Discrimination Prevention Coordinator, a Gender Discrimination Prevention Coordinator, and an LGBTQ Discrimination Prevention Coordinator. The coordinator shall be appointed by the Governor and confirmed by the Senate.
(AB 715 amends Sections 244, 262.3, 48980, 51500, 51501, and 60151 of, adds Section 60152 to, adds Article 11 (commencing with Section 280) to Chapter 2 of Part 1 of Division 1 of Title 1 of, and adds Chapter 5 (commencing with Section 33800) to Part 20 of Division 2 of Title 2 of, the Education Code; SB 48 adds Sections 33803.2, 33803.3, 33803.4, and 33803.5 to the Education Code.)