AMENDED IN SENATE SEPTEMBER 9, 2025
AMENDED IN SENATE JULY 1, 2025
AMENDED IN ASSEMBLY MAY 12, 2025
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
94
CHAPTER 428
Statutes of 2025
[ Approved by Governor October 7, 2025. Filed with Secretary of State October 7, 2025. ]
Introduced by Assembly Members Zbur and Addis
February 14, 2025
An act to amend Sections 244, 262.3, 48980, 51500, 51501, and 60151 of, to add Section 60152 to, to add Article 11 (commencing with Section 280) to Chapter 2 of Part 1 of Division 1 of Title 1 of, and to add Chapter 5 (commencing with Section 33800) to Part 20 of Division 2 of Title 2 of, the Education Code, relating to education.
Vote: majority Appropriation: no Fiscal committee: yes Local program: yes
LEGISLATIVE COUNSEL’S DIGEST
(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.
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) In April 2024, Governor Gavin Newsom released the Golden State Plan to Counter Antisemitism. That report noted that, “Antisemitism has proliferated at a shocking speed in recent years, globally and here in California.”
(b) In 2025, Attorney General Rob Bonta released the annual Hate Crime in California report, which found that anti-Jewish bias events accounted for 76 percent of all reported religious hate crimes, while Jewish people make up only approximately 3 percent of the state’s population.
(c) It has been well documented that Jewish and Israeli American pupils across California are facing a widespread surge in antisemitic discrimination, harassment, and bullying. In many cases, such discrimination, harassment, and bullying has been so severe and pervasive that it has placed Jewish pupils at risk and limited, or completely impeded, their ability to learn or engage in school programs or activities.
(d) Discrimination, harassment, and bullying of Jewish pupils has included antisemitic tropes and conspiracy theories; discriminatory slurs, symbols, and expressions; physical and verbal assaults; discrimination by proxy and through the use of coded language; collective blame and generalizations about Jewish people; vilification of Jews and Israelis; and distortions of Jewish religion, ancestry, history, and identity. This discrimination, harassment, and bullying, including the use of inappropriate instructional materials and instruction, has deeply impacted Jewish pupils across California and the nation resulting in the vilification and ostracization of Jewish pupils.
(e) In certain communities, the discrimination, harassment, and bullying of Jewish pupils has become so severe and pervasive that Jewish pupils have been advised to hide any outward identifying signs of their Jewish identity.
(f) Educators, administrators, pupils, parents, elected officials, faith and community leaders, and nonprofit organizations across California have called for stronger government action to prevent and address antisemitism, including antisemitism in public education.
(g) California classrooms must be safe, welcoming, and inclusive learning environments for pupils of all faiths and backgrounds, including Jewish and Israeli pupils.
(h) The Legislature has a legitimate pedagogical interest in reducing antisemitism in schools and ensuring that no pupil faces an antisemitic school environment. An antisemitic school environment means a school environment that subjects pupils or employees who are, or are perceived to be, Jewish or Israeli to harassment, discrimination, or violence based on their religion, nationality, race, or ethnicity.
(i) The United States National Strategy to Counter Antisemitism, published by the Biden Administration on May 25, 2023, shall be a basis to inform schools on how to identify, respond to, prevent, and counter antisemitism.
(j) The United States National Strategy to Counter Antisemitism has called on schools to treat antisemitism with the same seriousness as other forms of hate, and has called on schools to create a clear and transparent mechanism for pupils to report hate incidents and acts of antisemitism. Additionally, the United States National Strategy to Counter Antisemitism affirms that antisemitic discrimination may be classified as discrimination on the basis of religion, national origin, ethnicity, or some combination of these factors.
(k) Antisemitism is dangerous, antithetical to California values, and must not be tolerated in any California classroom, regardless of whether Jewish pupils are present in that classroom.
(l) As noted in the United States National Strategy to Counter Antisemitism: “Antisemitism threatens not only the Jewish community, but all Americans. People who peddle these antisemitic conspiracy theories and fuel racial, ethnic, and religious hatred against Jews also target other communities—including Black and brown Americans; Asian Americans, Native Hawaiians, and Pacific Islanders; LGBTQI+ individuals; Muslim Americans; women and girls; and so many others.”
SEC. 2.
Section 244 of the Education Code is amended to read:
244.
(a) (1) The governing board of a school district, a county board of education, or the governing body of a charter school shall not adopt or approve the use of any textbook, instructional material, supplemental instructional material, professional development materials, or curriculum for classroom instruction if the use of the textbook, instructional material, supplemental instructional material, or curriculum would subject a pupil to unlawful discrimination pursuant to Section 220.
(2) 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 violated Section 220, the governing board of the school district, the county board of education, or the governing body of the charter school shall investigate and remediate the action, which may include, but is not limited to, the implementation of restorative justice practices.
(b) (1) The governing board of a school district, a county board of education, or the governing body of a charter school shall not adopt or approve the use of any professional development materials or services if the professional development materials or services promote, endorse, or otherwise support actions or the use of any textbook, instructional material, supplemental instructional material, or curriculum which would subject a pupil to unlawful discrimination pursuant to Section 220.
(2) 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 professional development materials or services were used or an action occurred that violated Section 220, the governing board of the school district, the county board of education, or the governing body of the charter school shall investigate and remediate the action, which may include, but is not limited to, the implementation of restorative justice practices.
(c) Notwithstanding any other law, a complaint pursuant to this section may be filed with the applicable school district, county office of education, or charter school under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, or may be filed with the Superintendent directly. A complaint filed pursuant to this subdivision shall identify the basis for filing the complaint directly with the Superintendent. The complainant shall present the Superintendent with evidence that supports the basis for the direct filing and why immediate action is necessary. In responding to such a complaint, the Superintendent may directly intervene without waiting for an investigation by the school district, county office of education, or charter school.
(d) A complaint may be filed by any member of the public, including anyone electing to file anonymously, if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance with subdivision (a).
(e) Information regarding the requirements of this section shall be included in the annual notification distributed to pupils, parents and guardians, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations or any successor regulation.
SEC. 3.
Section 262.3 of the Education Code is amended to read:
262.3.
(a) (1) A party to a written complaint of prohibited discrimination may appeal the action taken by the governing board of a school district pursuant to this article, to the department.
(2) In accordance with Section 4650(a)(4) of Title 5 of the California Code of Regulations, pursuant to this article, a party to a written complaint of prohibited discrimination may appeal based on a governing board of a local educational agency’s failure to issue an investigation report within the timeline required under Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, pursuant to this article, directly with the Superintendent. The complaint shall present the Superintendent with evidence that supports the basis for the direct filing and why immediate action is necessary. Prior to direct intervention by the Superintendent, the department shall attempt to work with the local educational agency to issue a local educational agency investigation report within the timeline required under Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, pursuant to this article, with the Superintendent.
(b) Persons who have filed a complaint, pursuant to this chapter, with an educational institution shall be advised by the educational institution that civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders may also be available to complainants. The educational institution shall make this information available by publication in appropriate informational materials.
(c) Nothing in this chapter shall be construed to require an exhaustion of the administrative complaint process before civil law remedies may be pursued.
(d) Notwithstanding any other law, a person who alleges a violation of Section 220, 243, 244, 51500, 51501, or 60044 may seek civil remedies pursuant to this section after 60 days have elapsed from the filing of an appeal to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. The moratorium imposed by this subdivision does not apply to injunctive relief and is applicable only if the local educational agency has appropriately, and in a timely manner, apprised the complainant of their right to file a complaint.
SEC. 4.
Article 11 (commencing with Section 280) is added to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, to read:
Article 11. Notification
280.
(a) By October 1 of each year, the department shall issue a management bulletin to all local educational agencies describing the protections, requirements, and responsibilities prescribed in Sections 244, 262.3, 48980, 51500, 51501, 60151, and 60152, and in Chapter 5 (commencing with Section 33800) of Part 20 of Division 2 of Title 2.
(b) The Superintendent, in consultation with the executive director of the state board and the Antisemitism Prevention Coordinator established pursuant to Section 33803.1, shall develop and maintain a distinct internet web page containing resources and information specific to antisemitism on its internet website.
SEC. 5.
Chapter 5 (commencing with Section 33800) is added to Part 20 of Division 2 of Title 2 of the Education Code, to read:
Chapter 5. Office of Civil Rights
For purposes of this chapter, the following definitions apply:
(a) “Local educational agency” means a school district, county office of education, or charter school.
(b) “Office” means the Office of Civil Rights established pursuant to Section 33801.
(a) The Office of Civil Rights is hereby established under the administration of the Government Operations Agency.
(b) The Director of the Office of Civil Rights shall be appointed by the Governor and subject to confirmation by the Senate.
(c) The purpose of the office is to work directly with local educational agencies to prevent and address discrimination and bias pursuant to Section 220.
(d) The office shall engage with and seek advice from coordinators established under this chapter on actions implemented by this office.
The Office of Civil Rights, in consultation with the department, and under the supervision of the Government Operations Agency, shall do all of the following:
(a) Provide education and educational resources to identify and prevent antisemitism and other forms of discrimination and bias, and share relevant laws and regulations with educational state agencies, local educational agencies, and community stakeholders.
(b) Annually submit a report to the Government Operations Agency, the Superintendent, the executive director of the state board, and the Legislature, consistent with Section 9795 of the Government Code, on the state of discrimination and bias in all local educational agencies serving pupils in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive. The report shall include specific information on the type of discrimination or bias against a group protected by Section 220. The report shall be made publicly available on the agency’s internet website.
(c) Recommend strategies to combat discrimination or bias against groups protected by Section 220 in local educational agencies serving pupils in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, to the department and local educational agencies, including proactive strategies using a restorative justice approach with a focus on repairing harm, fostering empathy, and healing relationships.
(d) (1) Beginning January 1, 2027, annually review a report that the department shall provide to the Office of Civil Rights that includes a summary of all complaints made pursuant to Section 33315 that involve discrimination as defined in Section 220. The summary shall include specific information on the type of discrimination or bias against groups protected by Section 220, any action taken by the department in response to each complaint and the timeline for that action, and the disposition of each complaint.
(2) Advise on subsequent action regarding complaints made pursuant to Section 33315 that involve discrimination as defined in Section 220, including either or both of the following:
(A) Provide advice to the department and the relevant county office of education, if appropriate, to implement corrective actions that may include, but not be limited to, targeted and intensive assistance for teachers, administrators and staff to identify and proactively prevent antisemitism and other forms of discrimination and bias and on restorative justice practices.
(B) Provide technical assistance to teachers, administrators, governing board or body members or other school staff, upon the request of the Superintendent, district superintendent, county superintendent of schools, or the governing board or body of a local educational agency, in order to resolve discrimination issues at schoolsites.
(e) (1) Provide assistance, in consultation with the office of the Attorney General and the department, on proper protocols to respond to discrimination complaints filed pursuant to Section 33315.
(2) Subject to an appropriation by the Legislature for this purpose, the office shall develop a training module, in consultation with the department, the executive director of the state board, and the office of the Attorney General, regarding the appropriate manner to process and resolve discrimination complaints filed pursuant to Section 33315. The training module shall include, but not be limited to, information on timelines, appeals, and protocols regarding the interaction with pupils, parents, and school staff, in resolving complaints in a timely manner.
It is the intent of the Legislature to enact future legislation to do both of the following:
(a) Establish coordinators to be employed within the office to prevent and address discrimination and bias.
(b) Enact the duties and responsibilities of the coordinators.
(a) The Office of Civil Rights shall employ the Antisemitism Prevention Coordinator who shall be appointed by the Governor and confirmed by the Senate.
(b) The Antisemitism Prevention Coordinator, in consultation with the department, and under the supervision of the Government Operations Agency, shall do all of the following:
(1) Develop, consult on, and provide antisemitism education to teachers, staff, governing board or body members, administrators, and other local educational agency personnel to identify and proactively prevent antisemitism.
(2) Make recommendations, in coordination with the executive director of the state board, to the Legislature, consistent with Section 9795 of the Government Code, on legislation necessary for the prevention of antisemitism in educational settings.
(3) Engage and advise on the actions taken by the office on issues relating to antisemitism and the Jewish community.
(4) Engage with local educational agencies on the handling of antisemitism.
(5) Beginning September 1, 2027, track and report to the Legislature, consistent with Section 9795 of the Government Code, the executive director of the state board, and the Superintendent complaints and resolutions or lack of resolutions of complaints made pursuant to Section 33315 relating to antisemitism in all local educational agencies serving pupils in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive.
(6) Engage with relevant community stakeholders, as determined by the Antisemitism Prevention Coordinator, in the execution of their duties.
(c) The United States National Strategy to Counter Antisemitism, published by the Biden Administration on May 25, 2023, shall be a basis to inform the Antisemitism Prevention Coordinator on how to identify, respond to, prevent, and counter antisemitism.
The reports or summaries required pursuant to this chapter shall not contain any personally identifying information about any individual, and the information in the report shall be sufficiently deidentified to prevent the identification of the individuals involved in the complaint. The underlying data shall be confidential and protected from public disclosure, including disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), except that the information may be disclosable to the same extent as the data was disclosable by the entity that collected the data.
SEC. 6.
Section 48980 of the Education Code is amended to read:
48980.
(a) At the beginning of the first semester or quarter of the regular school term, the governing board of each school district shall notify the parent or guardian of a minor pupil regarding the right or responsibility of the parent or guardian under Sections 35291, 46014, 46015, 48205, 48207, 48208, 49403, 49423, 49451, 49472, and 51938 and Chapter 2.3 (commencing with Section 32255) of Part 19 of Division 1 of Title 1.
(b) The notification also shall advise the parent or guardian of the availability of individualized instruction as prescribed by Section 48206.3, and of the program prescribed by Article 9 (commencing with Section 49510) of Chapter 9.
(c) The notification also shall advise the parents and guardians of all pupils attending a school within the school district of the schedule of minimum days and pupil-free staff development days, and if minimum or pupil-free staff development days are scheduled thereafter, the governing board of the school district shall notify parents and guardians of the affected pupils as early as possible, but not later than one month before the scheduled minimum or pupil-free day.
(d) The notification also may advise the parent or guardian of the importance of investing for future college or university education for their children and of considering appropriate investment options, including, but not limited to, United States savings bonds.
(e) Each school district that elects to provide a fingerprinting program pursuant to Article 10 (commencing with Section 32390) of Chapter 3 of Part 19 of Division 1 of Title 1 shall inform parents or guardians of the program as specified in Section 32390.
(f) The notification also shall include a copy of the written policy of the school district on sexual harassment established pursuant to Section 231.5, as it relates to pupils.
(g) The notification shall advise the parent or guardian of all existing statutory attendance options and local attendance options available in the school district. This notification component shall include all options for meeting residency requirements for school attendance, programmatic options offered within the local attendance areas, and any special programmatic options available on both an interdistrict and intradistrict basis. This notification component also shall include a description of all options, a description of the procedure for application for alternative attendance areas or programs, an application form from the school district for requesting a change of attendance, and a description of the appeals process available, if any, for a parent or guardian denied a change of attendance. The notification component also shall include an explanation of the existing statutory attendance options, including, but not limited to, those available under Section 35160.5, Chapter 5 (commencing with Section 46600) of Part 26, and subdivision (b) of Section 48204. The department shall produce this portion of the notification and shall distribute it to all school districts.
(h) It is the intent of the Legislature that the governing board of each school district annually review the enrollment options available to the pupils within its school district and that the school districts strive to make available enrollment options that meet the diverse needs, potential, and interests of the pupils of California.
(i) The notification shall advise the parent or guardian that a pupil shall not have a grade reduced or lose academic credit for any absence or absences excused pursuant to Section 48205 if missed assignments and tests that can reasonably be provided are satisfactorily completed within a reasonable period of time, and shall include the full text of Section 48205.
(j) The notification shall advise the parent or guardian of the availability of state funds to cover the costs of advanced placement examination fees pursuant to Section 52242.
(k) The notification to the parent or guardian of a minor pupil enrolled in any of grades 9 to 12, inclusive, also shall include the information required pursuant to Section 51229.
(l) If a school district elects to allow a career technical education course to satisfy the requirement imposed by subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3, the school district shall include, in the notification required pursuant to this section, both of the following:
(1) Information about the high school graduation requirements of the school district and how each requirement satisfies or does not satisfy the subject matter requirements for admission to the California State University and the University of California.
(2) A complete list of career technical education courses offered by the school district that satisfy the subject matter requirements for admission to the California State University and the University of California, and which of the specific college admission requirements these courses satisfy.
(m) A school district that elects to adopt a policy regarding the transfer of pupils pursuant to Article 1.5 (commencing with Section 48929) shall inform parents or guardians of the policy in the notification required pursuant to this section.
(n) The notification to the parents or guardians of pupils admitted to, or advancing to, grades 11 and 12 shall include the information required pursuant to Section 48980.5.
(o) The notification also shall advise the parent or guardian of the protections, requirements, and responsibilities prescribed in Assembly Bill 715 of the 2025–26 Regular Session.
SEC. 7.
Section 51500 of the Education Code is amended to read:
51500.
(a) (1) 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, gender, religion, disability, nationality, or sexual orientation, or pursuant to a characteristic listed in Section 220.
(2) Discriminatory bias in instruction and school-sponsored activities does not require a showing of direct harm to members of a protected group. 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.
(3) If the governing board or body of a local educational agency finds that instruction or school-sponsored activities are discriminatory pursuant to this section, corrective action shall be taken.
(b) Teacher instruction shall be factually accurate and align with the adopted curriculum and standards as described in paragraph (3) of subdivision (c) of Section 60200, and be consistent with accepted standards of professional responsibility, rather than advocacy, personal opinion, bias, or partisanship.
(c) Local educational agencies shall ensure that parents and guardians have access to materials in a reasonable amount of time pursuant to Section 49091.10 and the California Public Records Act, as set forth in Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.
(d) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.
SEC. 8.
Section 51501 of the Education Code is amended to read:
51501.
(a) The state board and any governing board shall not adopt any textbooks or other instructional materials for use in the public schools that contain any matter reflecting adversely upon persons on the basis of race or ethnicity, gender, religion, disability, nationality, or sexual orientation, or because of a characteristic listed in Section 220, or that violates Section 243, 244, 51500, or 60044.
(b) Instructional materials, including, but not limited to, materials adopted by the state board or any governing body, shall be factually accurate and reflect the adopted curriculum and standards as described in subdivision (c) of Section 60200, and be consistent with accepted standards of professional responsibility, rather than advocacy, personal opinion, bias, or partisanship.
(c) A governing board shall not prohibit the continued use of an appropriately adopted textbook, instructional material, or curriculum on the basis that it contains inclusive and diverse perspectives, including those in compliance with Sections 51204.5, 51933, 51934, and 60040.
SEC. 9.
Section 60151 of the Education Code is amended to read:
60151.
(a) (1) If the Superintendent determines, pursuant to a complaint filed with the Superintendent directly or an appeal of a local educational agency decision regarding a complaint, that a local educational agency violated subdivision (a) of Section 244, the department shall notify the local educational agency that it must take corrective action. If corrective action is not taken within 60 days, the department may use any means authorized by law to effect compliance.
(2) The department, pursuant to the notification made to a local educational agency described in paragraph (1), may require specified corrective action be taken by the local educational agency, including, but not limited to, any of the following:
(A) Obtaining technical assistance from the Office of Civil Rights pursuant to Section 33802.
(B) Requiring the local educational agency to engage in regular reporting to the Office of Civil Rights and to use alternative instructional materials.
(C) (i) Require the local educational agency, in consultation with the Office of Civil Rights, to develop and implement an improvement plan to address discrimination and bias at its schoolsites.
(ii) If a violation involves antisemitism, the improvement plan pursuant to clause (i) shall be created in consultation with the Antisemitism Prevention Coordinator established pursuant to Section 33803.1.
(3) Notwithstanding Section 60047, if instructional materials are found to violate subdivision (a) of Section 244, those instructional materials shall immediately and permanently be omitted from the all course materials and shall not be used in any current course offerings or any subsequent course offerings.
(4) Corrective action required pursuant to this subdivision shall be implemented as soon as possible and no later than the beginning of the next school year.
(b) A local educational agency that the Superintendent determines violated subdivision (a) of Section 244 shall be assessed a financial penalty against its total principal apportionment funding for the applicable fiscal year made to the local educational agency pursuant to Sections 41330, 41332, and 41335, as applicable. The amount withheld shall not exceed the local educational agency’s total expenditures on the textbooks, instructional materials, supplemental instructional materials, or curriculum found to violate subdivision (a) of Section 244. A reduction pursuant to this subdivision shall not reduce the final apportionment below the amount necessary to meet the requirements of both Section 6 of Article IX of the California Constitution, as specified in Section 41975, and Section 36 of Article XIII of the California Constitution.
SEC. 10.
Section 60152 is added to the Education Code, immediately following Section 60151, to read:
60152.
(a) If a local educational agency or the Superintendent determines that, pursuant to a complaint filed directly with the Superintendent or on appeal of a local educational agency’s decision regarding a complaint, an organization contracted to provide any textbook, instructional material, professional development material, supplemental instructional material, or curriculum violates subdivision (a) of Section 244, the local educational agency or the Superintendent shall notify the organization that it must take corrective action. If corrective action is not taken within 60 days, the department may use any means authorized by law to effect compliance.
(b) An organization that contracts to provide a textbook, instructional material, professional development material, supplemental instructional material, or curriculum that the local educational agency or the Superintendent determines to be a violation of subdivision (a) of Section 244 shall do both of the following:
(1) Reimburse all funds received for their services from the local educational agency.
(2) (A) Disclose the determination that they have been found in violation of the state’s antidiscrimination laws by notifying every local educational agency that they are contracted with to provide services for and as part of any proposal to contract their services with a local educational agency.
(B) The disclosure made pursuant to subparagraph (A) shall conspicuously display hyperlinks to the published documentation of the determination from the local educational agency or the Superintendent that the organization violated subdivision (a) of Section 244.
(c) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.
SEC. 11.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 12.
This act shall become operative only if Senate Bill 48 of the 2025–26 Regular Session is enacted and becomes effective on or before January 1, 2026.
SEC. 13.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.