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
1312.1 AR Complaints Concerning District Employees
1312.2-E(1) AR Complaints Concerning Instructional Materials
1325 AR Advertising And Promotion
4119.25 AR Political Activities Of Employees
4141.6 BP Concerted Action/Work Stoppage
4219.25 BP Political Activities Of Employees
4241.6 BP Concerted Action/Work Stoppage
5131 BP Conduct
5131.2 AR Bullying
5137 BP Positive School Climate
5145.2 AR Freedom Of Speech/Expression
5145.3 AR Nondiscrimination/Harassment
5145.9 BP Hate-Motivated Behavior
6115 AR Ceremonies And Observances
6142.3 BP Civic Education
6142.8 AR Comprehensive Health Education
6142.94 BP History-Social Science Instruction
6143 AR Courses Of Study
6145.5 AR Student Organizations And Equal Access
6145.8 BP Assemblies And Special Events
6161.11 BP Supplementary Instructional Materials
6163.1 BP Library Media Centers