Discrimination in school has many negative consequences, from the impact on school climate to individual student academic growth. A 2023 study, “A Study on Educational Discrimination and its Impact on its Future of the Pupil,” published in the International Journal of Research Publication and Reviews states, “Those who face unfair treatment or discrimination are prone to developing negative attitudes toward school, diminished motivation, lower academic achievements, an elevated risk of quitting formal education, exposure to bullying, and mental health challenges.” Districts and county offices of education (COEs) must work to eliminate such discrimination in order to create positive environments for students to learn and flourish.

The requirement for districts and COEs to ensure that programs and activities are free from unlawful discrimination is well-established in both state and federal law. Discrimination in education programs and activities is unlawful when it is based on certain actual or perceived characteristics of an individual; a perception of one or more, or any combination of, such actual perceived characteristics; or association with a person or group with one or more, or any combination of, such actual or perceived characteristics. In 2023, the California Legislature passed Assembly Bill 1078, which clarified that nondiscrimination policies explicitly apply to actions by boards and superintendents, added requirements related to nondiscrimination in the adoption of instructional materials, and authorized complaints related to the sufficiency of textbooks or instructional materials to be filed directly with the California Department of Education (CDE) if the insufficiency was the result of an act or omission by the board.

The State Legislature then passed an additional three bills in 2025 that addressed discrimination.

The main bill, AB 715:

• Requires that instructional materials adopted by the board be factually accurate, reflect specified curriculum and standards, and be consistent with accepted standards of professional responsibility, rather than advocacy, personal opinion, bias or partisanship
• Includes staff development materials in the list of materials a board is prohibited from adopting or approving if the use would subject a student to unlawful discrimination
• Prohibits the board from adopting or approving the use of any staff development materials or services if such materials or services promote, endorse or otherwise support actions or the use of any textbook, instructional material, supplemental instructional material or curriculum that would subject a student to unlawful discrimination
• Requires local educational agencies to ensure that parents/guardians have access to instructional materials and public records in a reasonable amount of time
• Requires, if the board knows or has reason to know that materials used in a classroom, staff development materials or services, or an action occurred that violated specified law related to nondiscrimination, the board to investigate and remediate the action
• Authorizes a complaint alleging discrimination in the adoption, approval or use of staff development materials to be brought under the LEA’s Uniform Complaint Procedures (UCP) or filed directly with CDE
• Provides that discriminatory bias in instruction and district/COE-sponsored activities does not require a showing of direct harm to members of a protected group, including that members of a protected group do not need to be present while the discriminatory bias is occurring for the act to be considered discriminatory bias
• Requires the board to take corrective action if it finds that discriminatory bias has occurred in instruction and/or LEA-sponsored activities
• Requires CDE to notify the LEA that it needs to take corrective action if CDE determines that the LEA violated specified law related to the adoption, approval or use of any textbook, instructional material, supplemental instructional material, staff development material or curriculum for classroom instruction
• Requires the LEA to notify an organization that provided any textbook, instructional material, supplemental instructional material, staff development material or curriculum that violates specified law related to nondiscrimination, corrective action is required unless CDE has already done so
• Authorizes a party to a written complaint of prohibited discrimination to appeal the complaint directly to CDE if an investigation report is not issued within the timeline required by the UCP, in which case the complainant is required to present evidence that supports the basis for the direct filing and why immediate action is necessary
• Requires the annual parent/guardian notification to include the protections, requirements and responsibilities regarding unlawful discrimination related to instruction and instructional and staff development materials

The second bill, AB 932, prohibits LEAs from discriminating against any person on the basis of sex or gender in the operation, conduct or administration of community youth athletics programs, or in the allocation of parks and recreation facilities and resources, or school and recreation facilities and resources, that support or enable such programs. The third bill, AB 935, requires CDE to collect specific information upon receipt of a UCP complaint alleging unlawful discrimination, harassment, intimidation or bullying.

CSBA is in the process of reviewing, and updating, as appropriate, sample policies impacted by AB 715, AB 932 and AB 935. Because these bills impose new requirements for LEAs related to nondiscrimination, it is recommended that boards carefully review their policies in an effort to provide a nondiscriminatory environment where all students can thrive.