Not an official District document; independently assembled by David Weekly. May contain errors. Questions? Contact us.
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1312.2 AR Administrative Regulation

Complaints Concerning Instructional Materials

Step 1: Informal Complaint If a staff member, district resident, or parent/guardian of a student enrolled in a district school has a complaint regarding the content or use of any specific instructional material, such individual shall informally discuss the material in question with the principal. (Education Code 35160) Step 2: Formal Complaint If the complainant is not satisfied with the principal's initial response, the complainant shall present a written complaint to the principal. Complaints regarding printed material shall name the author, title, and publisher and shall identify the objection by page and item numbers. In the case of non printed material, written information specifying the precise nature of the objection and location of such material shall be given. In order for the district to reply appropriately, complainants shall sign all complaints and provide identifying information. Anonymous complaints will not be accepted. Upon receiving a complaint, the principal shall provide the complainant with a written acknowledgement of its receipt and respond to any procedural questions the complainant may have. The principal shall then notify the Superintendent or designee, the teacher(s), and other staff as appropriate. During the investigation of the complaint, the challenged material may remain in use until a final decision has been reached. Step 3: Review Committee The Superintendent or designee shall determine whether to convene a review committee to review the complaint. If the Superintendent or designee determines that a review committee is necessary, the Superintendent or designee shall appoint a committee composed of administrators and staff members selected from relevant instructional and administrative areas. The Superintendent or designee may also appoint parents/guardians, students, and community members, as appropriate, to serve on the committee. The Superintendent or designee may provide training to the review committee to ensure that the review committee is informed regarding its responsibilities, the criteria to follow when reviewing instructional materials, and applicable laws, Board policy(ies), and administrative regulation(s). Within 30 days of being convened, the review committee shall summarize its findings in a written report. The Superintendent or designee shall notify the complainant in writing of the committee's decision within 15 days of receiving the committee's report. Step 4: Superintendent Determination If the Superintendent or designee determines that a review committee is not necessary, the Superintendent or designee shall, in a timely manner, issue a decision regarding the complaint. Step 5: Appeal to the Governing Board If the complainant remains unsatisfied, the complainant may appeal the Superintendent's or review committee's decision to the Governing Board. The Board's decision shall be final.

Legal & Management References

State
5 CCR 4600-4670 - Uniform complaint procedures
Ed. Code 1240 - County superintendent of schools; duties
Ed. Code 18111 - Exclusion of books by Governing board that are sectarian, partisan, or denominational character
Ed. Code 220 - Prohibition of discrimination
Ed. Code 240-244 - Prohibition of discrimination; instructional materials
Ed. Code 35010 - Control of district; prescription and enforcement of rules
Ed. Code 35160 - Powers and duties of school boards
Ed. Code 35186 - Williams uniform complaint procedures
Ed. Code 44805 - Teacher enforcement of course of studies; use of textbooks, rules and regulations
Ed. Code 48907 - Exercise of free expression; time, place, and manner rules and regulations
Ed. Code 48950 - Speech and other communication
Ed. Code 51204.5 - Social sciences instruction; contributions of specified groups
Ed. Code 51501 - Nondiscriminatory subject matter
Ed. Code 51511 - Religious matters properly included in courses of study
Ed. Code 51933 - Sexual health education and HIV prevention materials
Ed. Code 60000-60005 - Instructional materials; legislative intent
Ed. Code 60040-60052 - Requirements for instructional materials
Ed. Code 60119 - Public hearing on sufficiency of textbooks and instructional materials
Ed. Code 60200-60213 - Elementary school materials
Ed. Code 60226 - Requirements for publishers and manufacturers
Ed. Code 60400-60411 - High school textbooks and instructional materials
Ed. Code 60510-60511 - Donation or sale of obsolete instructional materials
Management Resources
California Department of Education Publication - Guidance for Local Instructional Materials Adoption, March 2024
California Department of Education Publication - Instructional Materials, FAQ
California Department of Education Publication - Standards for Evaluating Instructional Materials for Social Content, 2013
California Department of Justice Publication - Guidance to School Officials re: Legal Requirements for Providing Inclusive Curricula and Books, Legal Alert, Jan. 2024
California School Boards Association Publication - State Roles, Responsibilities, and Process for Instructional Materials Adoption, Feb. 2024
California School Boards Association Publication - Instructional Materials Adoption: Local governing board responsibilities, Fact Sheet, Feb. 2024
California School Boards Association Publication - Instructional Materials Adoptions: State and local governing board processes, roles, and responsibilities, Feb. 2024
Website - CSBA District and County Office of Education Legal Services
Website - Department of Justice
Website - California Department of Education, Curriculum and Instruction Resources
Website - CSBA
Website - U.S. Department of Education, Office for Civil Rights

Cross References