1312.2
BP
Board Policy
Complaints Concerning Instructional Materials
The Governing Board uses a comprehensive process to adopt district instructional materials that is based on selection criteria established by law and Board policy and includes opportunities for the involvement of district staff, parents/guardians, and community members, and, as appropriate, students. Complaints concerning the content or use of instructional materials, including textbooks, supplementary instructional materials, library materials, or other instructional materials and equipment, shall be properly and fairly considered using established complaint procedures.
Parents/guardians are encouraged to discuss any concerns regarding instructional materials with their student's teacher and/or the school principal. If the situation remains unresolved, a complaint may be filed using the process specified in the accompanying administrative regulation and exhibit.
The district shall accept complaints concerning instructional materials only from staff, district residents, or the parents/guardians of students enrolled in a district school. (Education Code 35160)
However, a complaint related to the use or prohibited use of any existing textbook, instructional material, supplemental instructional material, or other curriculum for classroom instruction, or any book or other resource in a school library that alleges unlawful discrimination based on a violation of Education Code 243 or 244 shall be filed, investigated, and resolved in accordance with Board Policy 1312.3 - Uniform Complaint Procedures.
When deliberating upon challenged materials, the Superintendent, or any designee or committee established by the Superintendent to review the materials, shall consider the degree to which the materials align with the criteria for instructional materials as specified in law, Board policy, and administrative regulation. In addition, such deliberations may consider the educational philosophy and vision of the district; the educational suitability of the materials including the manner in which the materials support the curriculum and appropriateness for the student's age; the professional opinions of teachers of the subject and of other competent authorities and/or experts; reviews of the materials by reputable bodies; the stated objectives in using the materials; community standards; the allegations in the complaint, including the extent to which the objections are based on the dislike of ideas contained in the materials; and the impact that keeping or removing the materials would have on student well-being.
The Superintendent, or any designee or committee established by the Superintendent to review the materials, shall not prohibit the continued use of an appropriately adopted textbook, instructional material, supplemental instructional material, or other curriculum for classroom instruction, or any book or other resource in a school library on the basis that it contains inclusive and/or diverse perspectives, as specified in Education Code 243.
Additionally, the Superintendent, or any designee or committee established by the Superintendent to the review materials, shall not authorize the continued use of an adopted textbook, instructional material, supplemental instructional material, or curriculum for classroom instruction if the use would subject a student to unlawful discrimination pursuant to Education Code 220.
If the complainant finds the Superintendent's or review committee's decision unsatisfactory, the complainant may appeal the decision to the Board.
Any challenged instructional material that is reviewed by the district shall not be subject to further reconsideration for 12 months, unless required by law.
Complaints related to the sufficiency of textbooks or instructional materials shall be resolved as specified in Administrative Regulation 1312.4 - Williams Uniform Complaint Procedures.
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
1100 BP Communication With The Public
1250 AR Visitors/Outsiders
1312.1 AR Complaints Concerning District Employees
1312.3 AR Uniform Complaint Procedures
1312.4 AR Williams Uniform Complaint Procedures
1312.4-E PDF(1) AR Williams Uniform Complaint Procedures
1312.4-E(2) AR Williams Uniform Complaint Procedures
5145.3 AR Nondiscrimination/Harassment
6000 BP Concepts And Roles
6142.6 BP Visual And Performing Arts Education
6142.92 BP Mathematics Instruction
6142.94 BP History-Social Science Instruction
6143 AR Courses Of Study
6144 AR Controversial Issues
6161.11 BP Supplementary Instructional Materials
6161.2 BP Damaged Or Lost Instructional Materials
6163.1 BP Library Media Centers
9000 AR Role Of The Board
9005 AR Governance Standards
9200 AR Limits Of Board Member Authority
9322 AR Agenda/Meeting Materials