onths of back-and-forth between state officials and school board members intensified on Aug. 28 when California Attorney General Rob Bonta filed a complaint against Chino Valley Unified School District over a policy, adopted by the board of education in July, that requires school personnel to notify parents within three days if they learn a student is “requesting to be identified or treated, as a gender […] other than the student’s biological sex or gender listed on the student’s birth certificate or any other official records.”

As explored in a CSBA blog post (blog.csba.org/ag-complaint), Bonta alleged that the policy, Policy 5020.1, infringes on students’ right to privacy and subjects transgender and gender nonconforming students to discrimination because of their gender identity, thus violating their right to equal protection.

Filed in San Bernardino County Superior Court, Bonta’s complaint asked the court to, in the short-term, issue a temporary restraining order and preliminary injunction prohibiting the district from implementing provisions of the policy until the case is resolved, and, in the long-term, to issue a declaration that the policy’s required student consent provisions are unconstitutional under the California Constitution and/or state law as well as an order to permanently enjoin the district from enforcing the policy.

Using examples from the July 20 school board meeting where the policy was voted on to support his case — including quotes from public commenters in opposition of the policy, State Superintendent of Public Instruction Tony Thurmond and trustees — Bonta claimed the board demonstrated its hostility toward the LGBTQ community.

On Sept. 6, Bonta tweeted, “We’ve secured a temporary restraining order against Chino Valley Unified School District’s illegal and dangerous forced outing policy.” In a hearing on the matter on Oct. 13, a San Bernardino Superior Court judge issued an oral ruling from the bench issuing a preliminary injunction against Chino Valley USD Board of Education’s mandatory gender identity disclosure policy.

Prior to the legal developments, Murrieta Valley USD’s school board adopted Chino Valley’s policy on Aug. 10. Bonta said he was “deeply disturbed” by the action in a statement the following day. And during Temecula Valley USD’s Aug. 22 board meeting, trustees approved their own parental notification policy “modeled after similar policies” from Chino Valley USD and Murrieta Valley USD, and a number of other districts are following suit.

Temecula Valley USD has found itself at odds with the state as of late, too. Over the summer, board members sparred with Gov. Gavin Newsom over social studies curriculum for elementary students due to their concerns with subject matter, particularly the inclusion of San Francisco politician Harvey Milk — who is widely recognized as the first openly gay man to be elected to public office. The standards-aligned curriculum in question had been piloted and approved by local teachers and families, and community members had the opportunity to review it leading up to the decision. Instead, the board voted to continue using an outdated history-social science curriculum already in the district.

In July, Newsom announced that the state would enter a contract to get textbooks to Temecula Valley students by the start of the school year to replace the outdated curriculum that was no longer compliant with state law. Without existing legal authority, he threatened to bill the school board for the books and fine them $1.5 million. At the time, the Governor was working with the Legislature and Thurmond to enact Assembly Bill 1078 (Jackson, D-Perris) “to impose fines on any school district that fails to provide adequate instructional materials,” according to his office. (The legislation was signed by the Governor on Sept. 25 and went into effect immediately.) The board ultimately adopted the previously rejected social studies materials.

“Providing a wholesome educational environment for our students is priority one for the board members of TVUSD,” Board President Joseph Komrosky said in a statement for this article. “We will continue to work with the state, parents and teachers to ensure we continue to follow all state laws when it comes to providing that environment.”

As districts continue to vie for local control without state intervention, many, even those who pride themselves on providing inclusive learning environments, are looking for policies and guidance on handling an uptick in removal requests for educational materials, LGBTQ issues and the rights of parents and students.

Some are finding it difficult to find the middle ground between inclusiveness and local community values, as well as the expectation of parental involvement embedded in education. Education Code 51100 states in part that, “Specifically, involving parents and guardians of pupils in the education process is fundamental to a healthy system of public education … All participants in the education process benefit when schools genuinely welcome, encourage, and guide families into establishing equal partnerships with schools to support pupil learning. Family and school collaborative efforts are most effective when they involve parents and guardians in a variety of roles at all grade levels, from preschool through high school.”

The California Department of Education launched a Taskforce on Inclusive Education in June to protect and provide student access to information free from discrimination and inclusive of the diverse narratives that reflect the student body.

According to the American Library Association (ALA), there were 1,269 demands to censor library books and resources in the U.S. in 2022 — the highest number in the ALA’s more than two decades of data collection — with 58 percent of the reported challenges targeting books and materials in schools, according to the ALA.

Overall, 30 percent of the challenges were initiated by parents. Seventeen percent were initiated by political/religious groups, 15 percent by board/administration, 3 percent by librarians/teachers and 3 percent by elected officials.

In California, there were 32 attempts to restrict access to books in 2022 and a total of 87 titles challenged. The most challenged books were Gender Queer: A Memoir and Beyond Magenta: Transgender Teens Speak Out.

Between June 20 and July 7, 2023, CSBA’s Research and Education Policy Development (REPD) Department conducted a survey on challenges to school library and instructional materials, which 168 LEAs participated in. It is important to note that this survey was deployed prior to the signing of AB 1078, and the situation remains fluid as LEAs learn to navigate the new law.

“When the media began covering national incidents of challenged materials, including statewide policies to exclude topics and texts from the curriculum or library collections, many of the more notable efforts were not in California. It was important that, as the association that represents California’s school boards, we gather data specific to the state,” said CSBA REPD Chief Dr. Naomi Eason. “That allows us to serve our members by understanding the issues unfolding at the ground level. We will explore ways to use this information to develop resources and guidance that is targeted to our members.”

Though most respondents commented that requests for instructional materials removal were not an issue locally, 30 percent of participants reported receiving at least one request to remove instructional materials from their curriculum or books from the school library, media center or a classroom library.

Of those requests, 62 percent were received by LEAs in the six months prior to the survey and 92 percent were received in the last year. Though results may be somewhat skewed due to factors like recency bias or being more inclined to respond to the survey if an LEA had recently received a request, “the number is substantial enough that it is reasonable to conclude that more complaints have been filed in the past six to 12 months than what has been typical,” Eason said.

Fifty-four percent of respondents who received a request said they were for library materials and 25 percent were related to classroom books and materials. Most of the requests were made by parents (41 requests for library removal and 21 for instructional materials) and six were made by school board members (two requested library removals and four requested instructional material removal).

“The reason for complaints is overwhelmingly related to content that addresses sexuality, gender identity and gender expression,” Eason said.

However, as California LEAs prepare to comply with the state’s requirement that all high schools offer ethnic studies classes by the 2025–26 academic year so students can meet the one-semester graduation requirement in 2029–30 per AB 101, selecting and implementing ethnic studies curriculum could prove tricky for boards of education if requests to remove materials start pouring in.

“The survey found that only 6 percent of respondents cited requests related to racial content and 6 percent related to materials associated with a particular religious viewpoint. Still, we have seen districts in various parts of the state receive public comments about the content of their proposed ethnic studies curriculum,” Eason said. “In 2021, the California State Board of Education adopted the Ethnic Studies Model Curriculum. While optional, the model curriculum contains state-approved lessons and resources that can help guide board members when choosing and evaluating educational materials. As always, when selecting educational materials, having clear communication with district communities can help foster trust and transparency in the process.”

In Simi Valley USD, located in Ventura County, Public Information Officer Jake Finch said that there has been almost no controversy around library books and materials in the last decade. If concerns arise, they address them with families and have been able to move on. They are diligent about ensuring books are grade-level appropriate for where they are housed, Finch noted, adding that “we stand by our librarians and their careful purchase decisions.”

In preparation to meet ethnic studies requirements, an ethnic studies curriculum writing team consisting of history teachers was convened three years ago, said the LEA’s Diversity, Equity, Inclusion and Humanities Coordinator Angelica Chavez. This year, lesson plans, assessments and resources will be finalized, and next school year will include professional development.

“A significant focus of our inquiry-based ethnic studies course is on local history and civic engagement,” Chavez said. “The team and I have focused on what we believe is best for our district and is representative of all our students. While external challenges have provided our team with plenty of opportunities for reflection and discussion, our commitment to creating an authentic ethnic studies course infused with diversity and inclusion remains. We will continue to work collaboratively with our community to navigate their concerns.

“It is essential for us to create a balance that respects different viewpoints while ensuring that our students see themselves reflected in the materials they engage in,” Chavez continued. “Ethnic studies is an opportunity to showcase groups that are often marginalized in our curriculum. We will not allow fear to dictate the direction of our course and squander this opportunity.”

Amid the uncertainty in some parts of the state, LEAs across California, including Windsor USD, Davis Joint USD, San Jose USD and Corona-Norco USD, are ensuring their LGBTQ students feel supported and welcome.

Windsor USD released a statement on inclusivity and has a related parent resource page, sending both to families before the new school year began. Davis Joint USD published LGBTQIA+ support fact sheets in English and Spanish with information on the board’s 2017 “We All Belong” resolution, as well as an FAQ with resources and student rights.

“In Davis Joint USD, ‘We All Belong,’ and our board, staff and leadership will continue to promote inclusion and belonging throughout our district. We stand firmly in support of our LGBTQIA+ students and staff who have been the targets of recent negative attacks in Davis,” said Board President Lea Darrah. “As a trustee and as a community member, I condemn any act of hate or violence in our city. I know my fellow board members share this perspective as well as our school district. Hate has no place in our school or our community.”

San Jose USD trustees unanimously passed a resolution supporting the rights, freedom and equality for LGBTQ individuals and the Corona-Norco USD school board passed a resolution recognizing the plight of LGBTQ staff and students.

For its part, CSBA is working to provide responses to the most significant and confounding questions about parental and student rights in relation to transgender and gender nonconforming students.

Robert Tuerck, CSBA Chief Legal Counsel, District and County Offices Legal Services, offered insight on some policies and laws related to the selection of instructional materials and the rights of parents and LGBTQ students.

“Pursuant to Education Code 60200 and 60400, the governing board is ultimately responsible for the adoption of textbooks and other instructional materials for use in district schools, but it’s not a carte blanche authority,” Tuerck said. “The board still has to adhere to applicable state and federal laws.”

For K-8, boards typically choose from materials that the State Board has approved. The State Board does not approve materials for high school curriculum, allowing for more leeway as long as materials are aligned with state academic content standards.

“Substantial” teacher involvement in the selection process is also required and parent, guardian and community involvement is encouraged. Additionally, “the law requires the board to hold public hearings on the sufficiency of instructional materials and already has existing processes for complaints about instructional materials,” Tuerck explained.

Tuerck said that LEAs will continue to see policies around ethnic studies emerge as 2025 approaches, but they should also be aware of expectations.

“As of today, instructional materials are required to recognize the cultural and racial diversity of our society and, specifically, the role and contributions of specified groups, including LGBTQ individuals and members of other ethnic and cultural groups,” Tuerck said. “AB 1078 expands on that by breadth of groups whose contributions need to be recognized, and by imposing new requirements and consequences related to the selection of instructional materials that accurately portray the cultural and racial diversity of our society.”

CSBA’s Governance and Policy Technology Services released a special policy update on AB 1078 in October.

Tuerck also reminds LEA leaders that civil discourse, debate and compromise are “hallmarks of strong governance” and that extreme viewpoints, whether conservative or liberal, “can lead to entrenched positions that can actually detract from the mission at hand and become disruptive.”

Serving students and setting a good example for them around engaging in civil discussions should be priorities. “I have worked with school boards, school districts and county offices of education from every corner of this state. And at the end of the day, we share more commonalities than differences. We all want what we believe is best for our students, and sometimes that means tackling difficult issues ,” Tuerck said.

According to Tuerck, LEAs can prepare for potential challenges by facing them head on with respect, modeling good behavior, thoughtfully planning agendas and holding special meetings when needed to give adequate time to sensitive issues, explaining and enforcing reasonable rules to keep meetings civil, and listening to and acknowledging all sides.

Additionally, LEAs should ensure that policies are up to date. Finally, LEAs can rely on the advice of legal counsel and not push off calling for guidance.