Not an official District document; independently assembled by David Weekly. May contain errors. Questions? Contact us.
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6144 AR Administrative Regulation

Controversial Issues

Controversial issues may be discussed in the classroom, provided that: - The issue is related to the course of study and provides opportunities for critical thinking, for developing tolerance, and for understanding conflicting points of view. - The issue has a meaningful relationship to matters of concern to the students. - Available information about the issue is sufficient to allow alternative points of view to be discussed and evaluated on a factual basis. - All sides of the issue are given a proper hearing, using established facts as primary evidence. - The issue has points of view which can be understood and defined by the students. - The teacher does not use his/her position to forward his/her own religious, political, economic or social bias. The teacher may express a personal opinion if he/she identifies it as such and does not express the opinion for the purpose of persuading students to his/her point of view. - Discussion or study of the issue is instigated by the students or by the established curriculum, but not by a source outside of the schools. - The discussion does not reflect adversely upon persons because of their race, sex, color, creed, sexual orientation, national origin, ancestry, handicap or occupation. - The oral or written presentation does not violate state or federal law. The Superintendent or designee shall have the authority to judge whether the above conditions are being met.

Legal & Management References

State
Ed. Code 220 - Prohibition of discrimination
Ed. Code 48950 - Speech and other communication
Ed. Code 51240 - Excuse from instruction due to religious beliefs
Ed. Code 51500 - Prohibited instruction or activity
Ed. Code 51510 - Prohibited study or supplemental materials
Ed. Code 51511 - Religious matters properly included in courses of study
Ed. Code 51513 - Personal beliefs
Ed. Code 51530 - Advocacy or teaching of communism
Ed. Code 51930-51939 - California Healthy Youth Act
Ed. Code 60040 - Selection of instructional materials
Ed. Code 60044 - Prohibited instructional materials
Ed. Code 60045 - Criteria for instructional materials
Management Resources
Court Decision - Garcetti v. Ceballos (2006) 547 U.S. 410
Court Decision - Mayer v. Monroe County Community School Corporation (2007) 474 F.3d 477 (7th Cir.)
Court Decision - Johnson v. Poway Unified School District (2011) 658 F.3d 954
Website - CSBA District and County Office of Education Legal Services

Cross References