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School board authority in California
| Education Policy | |
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| • Overview of trends in K-12 curricula development • Impact of school choice on rural school districts • Local school board authority across the 50 states • State policies on cellphone use in K-12 public schools • School choice in the United States • School choice glossary
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California state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties California law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.
Types of legal and contractual constraints on school board authority
This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.
There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.
- State laws commonly restrict or mandate school board policies on certain topics.
- Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
- State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
- Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
- The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
- Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
- State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.
This page features the following sections:
- California law on school boards' authority over district policy. This section features the statutes in California law that establish, enable, or define local school district boards.
- Constraints on California school boards' authority. This section provides an overview of constraints on the school boards' authority in California. It contains information on the constraints by the following topics:
- Collective bargaining agreements
- Parents' bill of rights
- How does California compare to other states?
- Noteworthy Events. This section tracks noteworthy events related to school boards' authority in California.
School board authority over district policy in California
Enabling or authorizing statute for the boards of school districts in California
- See also: Enabling statute
California Cal. Educ. Code § 35010 gives school district boards authority to operate according to state law:[1]
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California school boards' powers and duties
California public school boards of directors are given broad authority to administer the public schools in the California. They are also granted 19 powers and duties— some of which are discretionary— to administer school districts. In addition to budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, the specific powers and duties include:[3]
- Establishing a policy regarding eligibility for student participation in extracurricular activities;
- establishing an inventory of equipment purchased whose market value is above $500; and
- addressing the unique needs of the school district.
The list of powers and duties school district boards are charged with appears in California Educ Code § 35160 - § 35178.4 and are as follows:[3]
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Discretionary duties
In addition to the powers and duties, school boards in California are granted what California statute calls miscellaneous administrative authority in California Educ Code § 35181 - § 35185, which school boards are authorized but not required to do; however, the last provision of this article includes a requirement for school boards to follow a complaint process regarding instructional material. The administrative authorities include:
- Adopting or rescind a reasonable dress code policy that requires pupils to wear a schoolwide uniform or prohibits other dress that parents can choose not to comply with;
- requiring proof of registration as a condition of enrolling a student in the district; and
- adopting a disciplinary policy.
The miscellaneous administrative authorities are as follows:[4]
35181. The governing board of each school district may convene hearings, make findings, and adopt and issue policy statements setting forth the responsibilities of the pupils of that school district regarding academic performance, attendance, in-school behavior, and any other aspects of school life which the school district governing board may deem relevant to this task. 35182. The governing board of any school district may market or license any noneducational mainframe electronic data-processing software developed by the school district to any person or any public or private corporation or agency. Proceeds from the marketing or licensing of noneducational mainframe electronic data-processing software under this section shall be used exclusively for educational purposes. 35182.5. (a) The Legislature finds and declares all of the following: (1) State and federal laws require all schools participating in meal programs to provide nutritious food and beverages to pupils. (2) State and federal laws restrict the sale of food and beverages in competition with meal programs to enhance the nutritional goals for pupils, and to protect the fiscal and nutritional integrity of the school food service programs. (3) Parents, pupils, and community members should have the opportunity to ensure, through the review of food and beverage contracts, that food and beverages sold on school campuses provide nutritious sustenance to pupils, promote good health, help pupils learn, provide energy, and model fit living for life. (b) For purposes of this section, the following terms have the following meanings: (1) “Nonnutritious beverages” means any beverage that is not any of the following: (A) Drinking water. (B) Milk, including, but not limited to, chocolate milk, soy milk, rice milk, almond milk, and other similar dairy or nondairy milk. (C) An electrolyte replacement beverage that contains 42 grams or less of added sweetener per 20 ounce serving. (D) A 100 percent fruit juice, or fruit-based drink that is composed of 50 percent or more fruit juice and that has no added sweeteners. (2) “Added sweetener” means an additive that enhances the sweetness of the beverage, including, but not limited to, added sugar, but does not include the natural sugar or sugars that are contained within any fruit juice that is a component of the beverage. (3) “Nonnutritious food” means food that is not sold as part of the school breakfast or lunch program as a full meal, and that meets any of the following standards: (A) More than 35 percent of its total calories are from fat. (B) More than 10 percent of its total calories are from saturated fat. (C) More than 35 percent of its total weight is composed of sugar. This subparagraph does not apply to the sale of fruits or vegetables. (c) The governing board of a school district shall not do any of the following: (1) Enter into or renew a contract, or permit a school within the school district to enter into or renew a contract, that grants exclusive or nonexclusive advertising or grants the right to the exclusive or nonexclusive sale of carbonated beverages, nonnutritious beverages, or nonnutritious food within the school district to a person, business, or corporation, unless the governing board of the school district does all of the following: (A) Adopts a policy after a public hearing of the governing board of the school district to ensure that the school district has internal controls in place to protect the integrity of the public funds and to ensure that funds raised benefit public education, and that the contracts are entered into on a competitive basis pursuant to procedures contained in Section 20111 of the Public Contract Code or through the issuance of a request for proposal. (B) Provides to parents, guardians, pupils, and members of the public the opportunity to comment on the contract by holding a public hearing on the contract during a regularly scheduled meeting of the governing board of the school district. The governing board of the school district shall clearly, and in a manner recognizable to the general public, identify in the agenda the contract to be discussed at the meeting. (2) Enter into a contract that prohibits a school district employee from disparaging the goods or services of the party contracting with the governing board of the school district. (3) Enter into a contract or permit a school within the school district to enter into a contract for electronic products or services that requires the dissemination of advertising to pupils, unless the governing board of the school district does all of the following: (A) Enters into the contract at a noticed public hearing of the governing board of the school district. (B) Makes a finding that the electronic product or service in question is or would be an integral component of the education of pupils. (C) Makes a finding that the school district cannot afford to provide the electronic product or service unless it contracts to permit dissemination of advertising to pupils. (D) Provides written notice to the parents or guardians of pupils that the advertising will be used in the classroom or other learning centers. This notice shall be part of the school district’s normal ongoing communication to parents or guardians. (E) Offers the parents the opportunity to request in writing that the pupil not be exposed to the program that contains the advertising. A request shall be honored for the school year in which it is submitted, or longer if specified, but may be withdrawn by the parent or guardian at any time. (d) A governing board of the school district may meet the public hearing requirement set forth in subparagraph (B) of paragraph (1) of subdivision (c) for those contracts that grant the right to the exclusive or nonexclusive sale of carbonated beverages, nonnutritious beverages, or nonnutritious food within the school district, by an annual public hearing to review and discuss existing and potential contracts for the sale of food and beverages on campuses, including food and beverages sold as full meals, through competitive sales, as fundraisers, and through vending machines. (1) The public hearing shall include, but not be limited to, a discussion of all of the following: (A) The nutritional value of food and beverages sold within the school district. (B) The availability of fresh fruit, vegetables, and grains in school meals and snacks, including, but not limited to, locally grown and organic produce. (C) The amount of fat, sugar, and additives in the food and beverages discussed. (D) Barriers to pupil participation in school breakfast and lunch programs. (2) A school district that holds an annual public hearing consistent with this subdivision is not released from the public hearing requirements set forth in subparagraph (B) of paragraph (1) of subdivision (c) for those contracts not discussed at the annual public hearing. (e) The governing board of the school district shall make accessible to the public a contract entered into pursuant to paragraph (1) of subdivision (c) and shall not include in that contract a confidentiality clause that would prevent a school or school district from making any part of the contract public. (f) The governing board of a school district may sell advertising, products, or services on a nonexclusive basis. (g) The governing board of a school district may post public signs indicating the school district’s appreciation for the support of a person or business for the school district’s education program. (h) Contracts entered into before January 1, 2004, may remain in effect, but shall not be renewed if they are in conflict with this section. 35183. (a) The Legislature finds and declares each of the following: (1) The children of this state have the right to an effective public school education. Both students and staff of the primary, elementary, junior and senior high school campuses have the constitutional right to be safe and secure in their persons at school. However, children in many of our public schools are forced to focus on the threat of violence and the messages of violence contained in many aspects of our society, particularly reflected in gang regalia that disrupts the learning environment. (2) “Gang-related apparel” is hazardous to the health and safety of the school environment. (3) Instructing teachers and administrators on the subtleties of identifying constantly changing gang regalia and gang affiliation takes an increasing amount of time away from educating our children. (4) Weapons, including firearms and knives, have become common place upon even our elementary school campuses. Students often conceal weapons by wearing clothing, such as jumpsuits and overcoats, and by carrying large bags. (5) The adoption of a schoolwide uniform policy is a reasonable way to provide some protection for students. A required uniform may protect students from being associated with any particular gang. Moreover, by requiring schoolwide uniforms teachers and administrators may not need to occupy as much of their time learning the subtleties of gang regalia. (6) To control the environment in public schools to facilitate and maintain an effective learning environment and to keep the focus of the classroom on learning and not personal safety, schools need the authorization to implement uniform clothing requirements for our public school children. (7) Many educators believe that school dress significantly influences pupil behavior. This influence is evident on school dressup days and color days. Schools that have adopted school uniforms experience a “coming together feeling,” greater school pride, and better behavior in and out of the classroom. (b) The governing board of any school district may adopt or rescind a reasonable dress code policy that requires pupils to wear a schoolwide uniform or prohibits pupils from wearing “gang-related apparel” if the governing board of the school district approves a plan that may be initiated by an individual school’s principal, staff, and parents and determines that the policy is necessary for the health and safety of the school environment. Individual schools may include the reasonable dress code policy as part of its school safety plan, pursuant to Section 32281. (c) Adoption and enforcement of a reasonable dress code policy pursuant to subdivision (b) is not a violation of Section 48950. For purposes of this section, Section 48950 shall apply to elementary, high school, and unified school districts. If a schoolwide uniform is required, the specific uniform selected shall be determined by the principal, staff, and parents of the individual school. (d) A dress code policy that requires pupils to wear a schoolwide uniform shall not be implemented with less than six months’ notice to parents and the availability of resources to assist economically disadvantaged pupils. (e) The governing board shall provide a method whereby parents may choose not to have their children comply with an adopted school uniform policy. (f) If a governing board chooses to adopt a policy pursuant to this section, the policy shall include a provision that no pupil shall be penalized academically or otherwise discriminated against nor denied attendance to school if the pupil’s parents chose not to have the pupil comply with the school uniform policy. The governing board shall continue to have responsibility for the appropriate education of those pupils. (g) A policy adopted pursuant to this section shall not preclude pupils that participate in a nationally recognized youth organization from wearing organization uniforms on days that the organization has a scheduled meeting. 35183.1. (a) A pupil may wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies. Nothing in this section shall be construed to limit a local educational agency’s discretion and authority to prohibit an item that is likely to cause a substantial disruption of, or material interference with, the ceremony. (b) For purposes of this section, the following terms have the following meanings: (1) “Adornment” means something attached to, or worn with, but not replacing, the cap and gown customarily worn at school graduation ceremonies. (2) “Cultural” means recognized practices and traditions of a certain group of people. (3) “Local educational agency” means a school district, county office of education, or charter school. 35183.3. Notwithstanding any other provision of law, a person shall have the right to wear a dress uniform issued to him or her by a branch of the United States Armed Forces while participating in the graduation ceremony for his or her high school if that person meets both of the following requirements: (a) He or she has fulfilled all of the requirements of this code for receiving a diploma of graduation from high school, and is otherwise eligible to participate in the graduation ceremony. (b) He or she has completed basic training for, and is an active member of, a branch of the United States Armed Forces. 35183.5. (a) (1) Each schoolsite shall allow for outdoor use during the schoolday, articles of sun-protective clothing, including, but not limited to, hats. (2) Each schoolsite may set a policy related to the type of sun-protective clothing, including, but not limited to, hats, that pupils will be allowed to use outdoors pursuant to paragraph (1). Specific clothing and hats determined by the school district or schoolsite to be gang-related or inappropriate apparel may be prohibited by the dress code policy. (b) (1) Each schoolsite shall allow pupils the use of sunscreen during the schoolday without a physician’s note or prescription. (2) Each schoolsite may set a policy related to the use of sunscreen by pupils during the schoolday. (3) For purposes of this subdivision, sunscreen is not an over-the-counter medication. (4) Nothing in this subdivision requires school personnel to assist pupils in applying sunscreen. 35184. (a) Notwithstanding any other provision of law, the governing board of a high school district may enter into a contract with the governing board of any of its feeder elementary school districts to provide instruction at the schools of the high school district to all or a portion of the pupils enrolled in the sixth grade at the contracting elementary school district. (b) For the purpose of computing allowances and apportionments pursuant to Chapter 4 (commencing with Section 41600) and Article 2 (commencing with Section 42230) of Chapter 7 of Part 24, the contracting elementary school shall continue to report average daily attendance for those sixth grade pupils. Upon receipt of any funds allocated to the elementary school district based upon the average daily attendance reported for those sixth grade pupils, the contracting elementary school district shall transfer those moneys to the contracting high school district. 35185. A school district may require proof of registration pursuant to Article 8.2 (commencing with Section 12620) of Chapter 6 of Division 3 of Title 2 of the Government Code, as a condition to agreement to enroll that student. 35186. (a) A school district shall use the uniform complaint process it has adopted as required by Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, with modifications, as necessary, to help identify and resolve any deficiencies related to instructional materials, emergency or urgent facilities conditions that pose a threat to the health and safety of pupils or staff, and teacher vacancy or misassignment. (1) A complaint may be filed anonymously. A complainant who identifies themselves is entitled to a response if the complainant indicates that a response is requested. A complaint form shall include a space to mark to indicate whether a response is requested. If Section 48985 is otherwise applicable, the response, if requested, and report shall be written in English and the primary language in which the complaint was filed. All complaints and responses are public records. (2) The complaint form shall specify the location for filing a complaint. A complainant may add as much text to explain the complaint as the complainant wishes. (3) A complaint shall be filed with the principal of the school or the principal’s designee. A complaint about problems beyond the authority of the school principal shall be forwarded in a timely manner but not to exceed 10 working days to the appropriate school district official for resolution. (b) The principal or the designee of the district superintendent, as applicable, shall make all reasonable efforts to investigate any problem within their authority. The principal or designee of the district superintendent shall remedy a valid complaint within a reasonable time period but not to exceed 30 working days from the date the complaint was received. The principal or designee of the district superintendent shall report to the complainant the resolution of the complaint within 45 working days of the initial filing. If the principal makes this report, the principal shall also report the same information in the same timeframe to the designee of the district superintendent. (c) A complainant not satisfied with the resolution of the principal or the designee of the district superintendent has the right to describe the complaint to the governing board of the school district at a regularly scheduled hearing of the governing board of the school district. As to complaints involving a condition of a facility that poses an emergency or urgent threat, as defined in paragraph (1) of subdivision (c) of Section 17592.72, a complainant who is not satisfied with the resolution proffered by the principal or the designee of the district superintendent has the right to file an appeal to the Superintendent, who shall provide a written report to the state board describing the basis for the complaint and, as appropriate, a proposed remedy for the issue described in the complaint. (d) Notwithstanding the provisions of this section or any other law, a complaint pursuant to paragraph (1) of subdivision (f) that more than one pupil does not have sufficient textbooks or instructional materials, as defined in subdivision (c) of Section 60119, as the result of an act by the governing board of a school district, or the governing board’s failure to act to remedy the deficiency, may be filed with the Superintendent directly. In responding to such a complaint, the Superintendent may directly intervene without waiting for an investigation under subdivisions (a), (b), and (c). 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. (e) A school district shall report summarized data on the nature and resolution of all complaints on a quarterly basis to the county superintendent of schools and the governing board of the school district. The summaries shall be publicly reported on a quarterly basis at a regularly scheduled meeting of the governing board of the school district. The report shall include the number of complaints by general subject area with the number of resolved and unresolved complaints. The complaints and written responses shall be available as public records. (f) The procedure required pursuant to this section is intended to address all of the following: (1) A complaint related to instructional materials as follows: (A) A pupil, including an English learner, does not have standards-aligned textbooks or instructional materials or state-adopted or district-adopted textbooks or other required instructional material to use in class. (B) A pupil does not have access to instructional materials to use at home or after school. (C) Textbooks or instructional materials are in poor or unusable condition, have missing pages, or are unreadable due to damage. (2) A complaint related to teacher vacancy or misassignment as follows: (A) A semester begins and a teacher vacancy exists. (B) A teacher who lacks credentials or training to teach English learners is assigned to teach a class with one or more English learner pupils in the class. This subparagraph does not relieve a school district from complying with state or federal law regarding teachers of English learners. (C) A teacher is assigned to teach a class for which the teacher lacks subject matter competency. (3) A complaint related to the condition of facilities that pose an emergency or urgent threat to the health or safety of pupils or staff as defined in paragraph (1) of subdivision (c) of Section 17592.72 and any other emergency conditions the school district determines appropriate and the requirements established pursuant to subdivision (a) of Section 35292.5. (g) In order to identify appropriate subjects of complaint, a notice shall be posted in each classroom in each school in the school district notifying parents, guardians, pupils, and teachers of the following: (1) There should be sufficient textbooks and instructional materials. For there to be sufficient textbooks and instructional materials each pupil, including English learners, must have a textbook or instructional materials, or both, to use in class and to take home. (2) School facilities must be clean, safe, and maintained in good repair. (3) There should be no teacher vacancies or misassignments as defined in paragraphs (2) and (3) of subdivision (i). (4) The location at which to obtain a form to file a complaint in case of a shortage. Posting a notice downloadable from the internet website of the department shall satisfy this requirement. (h) A local educational agency shall establish local policies and procedures, post notices, and implement this section. (i) For purposes of this section, the following definitions apply: (1) “Good repair” has the same meaning as specified in subdivision (d) of Section 17002. (2) “Misassignment” means the placement of a certificated employee in a teaching or services position for which the employee does not hold a legally recognized certificate or credential or the placement of a certificated employee in a teaching or services position that the employee is not otherwise authorized by statute to hold. (3) “Teacher vacancy” means a position to which a single designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position to which a single designated certificated employee has not been assigned at the beginning of a semester for an entire semester. |
Constraints on California school boards' authority
This section tracks constraints on school boards specific to California as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.
Constraint on California school boards' authority by topic
This section features constraints on school boards authority on policies related to the following topics:
Curriculum requirements
California requires the following specific curricular topics to be included in the state's content standards, among others:[5]
- Artificial intelligence literacy;[6]
- cursive (for elementary schoolers);[7]
- Native American perspectives during the California gold rush;[8]
- sex education;[9]
- personal and public safety and accident prevention;[10]
- material on the causes and effects of climate change and methods to mitigate and adapt to climate change;[11]
- personal finance;[12]
- parenting skills and education for seventh and eighth graders;[13]
- alcohol, narcotics, and restricted dangerous drugs;[14]
- the early history of California and a study of the role and contributions of people of all identity groups to the economic, political, and social development of California and the United States of America;[15]
- mental health education;[16]
- human growth and development;[12] and
- nutrition education.[17]
Curriculum restrictions
California law prohibits instruction in public schools regarding the following topics:[18]
- The promotion of discriminatory bias on the basis of race or ethnicity, gender, religion, disability, nationality, or sexual orientation; and
- the advocacy for or teaching of communism with the intent to indoctrinate or to inculcate in the mind of any pupil a preference for communism.
California law prohibits instruction using the following methods:[18]
- The use of live vertebrate animals for experimental medication, among other purposes; and
- textbooks or materials disapproved by the local governing board.
Book bans, removals, and restrictions
California law prohibits school boards from removing books from school libraries on the basis that it contains diverse perspectives.[20]
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School boards are authorized to disapprove of textbooks or other instruction materials. However, if the California State Board of Education has approved the material, it can appear in schools and instruction:[21]
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Case law:
The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[22][23][24]
Parental notification
California law requires that parents are notified in the following circumstances, among others:[26]
- Their child is absent from school without permission;
- if their child is identified as being at risk of retention; and
- the right or responsibility of the parent or guardian, as put forth by state law.
California law requires parents to be notified on the following topics:[27]
- The dangers associated with using synthetic drugs that are not prescribed by a physician, such as fentanyl;
- child access prevention laws and laws relating to the safe storage of firearms; and
- the possibility that dangerous synthetic drugs can be found in counterfeit pills.
California law prohibiting local agencies from adopting parental notification laws:
California Governor Gavin Newsom (D) signed AB1955, nicknamed the SAFETY Act, into law on July 15, 2024, that prohibits any local school district or public school from enacting or enforcing a policy that requires an employee to disclose any information related to a pupil's sexual orientation or gender identity. The SAFETY Act does not limit parents' ability to access their student's school.[28][29]
Local school districts, such as Cajon Valley Union School District, have implemented local policies requiring parental notification in the event a student requests to be treated as a gender different from the gender listed on the official district record.[30]
Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[31]
Discipline
California is one of 47 states that gives school boards authority over district disciplinary policy.
The text of California Education Code § 35181 is as follows:[32]
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School board elections
- See also: Rules governing school board election dates and timing in California, How does California compare to other states on school board authority over election timing?
California is one of five states in which school boards have authority to select the timing of school board elections from a limited list of options.
Click here to read about the laws governing school board elections in California.
Public school choice and open enrollment
- See also: School choice in California
California state law requires school boards to adopt some open enrollment policies, but gives them discretion in administering them. State law includes the following open enrollment policies:
- Students attending schools deemed low-performing may apply to a different school either within their district of residence or in another district. School district boards may accept or reject applications for admission to their district, subject to some limitations. State law affords school boards discretion in implementing and administering this program.[34]
- School districts in California may opt and register with the California Superintendent of Education to become what the law calls school districts of choice, in which case school boards determine the maximum number of students allowed to enroll in the district and accept applications until the district reaches capacity.[35]
- District boards are authorized to enter into agreements for interdistrict attendance of students who reside in the school districts; the agreement is not to exceed five years. School districts must authorize interdistrict enrollment applications in specific situations, including from students who are deemed to be victims of bullying, children of active duty military families, and students expelled or convicted of felonies.[36]
The text of California Educ Code § 48351 - § 48361:[37]
48351. The purpose of this article is to improve pupil achievement, in accordance with the regulations and guidelines for the federal Race to the Top Fund, authorized under the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), and to enhance parental choice in education by providing additional options to pupils to enroll in public schools throughout the state without regard to the residence of their parents. 48352. For purposes of this article, the following definitions apply: (a) “Low-achieving school” means any school identified by the Superintendent pursuant to the following: (1) Excluding the schools, and taking into account the impact of the criteria in paragraph (2), the Superintendent annually shall create a list of 1,000 schools ranked by increasing API with the same ratio of elementary, middle, and high schools as existed in decile 1 in the 2008–09 school year. (2) In constructing the list of 1,000 schools each year, the Superintendent shall ensure each of the following: (A) A local educational agency shall not have more than 10 percent of its schools on the list. However, if the number of schools in a local educational agency is not evenly divisible by 10, the Superintendent shall round up to the next whole number of schools. (B) Court, community, or community day schools shall not be included on the list. (C) Charter schools shall not be included on the list. (b) “Parent” means the natural or adoptive parent or guardian of a dependent child. (c) “School district of enrollment” means a school district other than the school district in which the parent of a pupil resides, but in which the parent of the pupil nevertheless intends to enroll the pupil pursuant to this article. (d) “School district of residence” means a school district in which the parent of a pupil resides and in which the pupil would otherwise be required to enroll pursuant to Section 48200. 48353. The state board shall adopt emergency regulations to implement this article. 48354. (a) The parent of a pupil enrolled in a low-achieving school may submit an application for the pupil to attend a school in a school district of enrollment pursuant to this article. (b) (1) Consistent with the requirements of Section 1116(b)(1)(E) of the federal Elementary and Secondary Education Act of 2001 (20 U.S.C. Sec. 6301 et seq.), on or before the first day of the school year, or, if later, on the date the notice of program improvement, corrective action, or restructuring status is required to be provided under federal law the district of residence shall provide the parents and guardians of all pupils enrolled in a school determined in subdivision (a) of Section 48352 with notice of the option to transfer to another public school served by the school district of residence or another school district. (2) An application requesting a transfer pursuant to this article shall be submitted by the parent of a pupil to the school district of enrollment prior to January 1 of the school year preceding the school year for which the pupil is requesting to transfer. The school district of enrollment may waive the deadline specified in this paragraph. (3) The application deadline specified in paragraph (2) does not apply to an application requesting a transfer if the parent, with whom the pupil resides, is enlisted in the military and was relocated by the military within 90 days prior to submitting the application. (4) The application may request enrollment of the pupil in a specific school or program within the school district of enrollment. (5) A pupil may enroll in a school in the school district of enrollment in the school year immediately following the approval of his or her application. (6) In order to provide priority enrollment opportunities for pupils residing in the school district, a school district of enrollment shall establish a period of time for resident pupil enrollment prior to accepting transfer applications pursuant to this article. 48355. (a) The school district of residence of a pupil or a school district of enrollment to which a pupil has applied to attend may prohibit the transfer of the pupil pursuant to this article or limit the number of pupils who transfer pursuant to this article if the governing board of the district determines that the transfer would negatively impact either of the following: (1) A court-ordered or voluntary desegregation plan of the district. (2) The racial and ethnic balance of the district, provided that any policy adopted pursuant to this paragraph is consistent with federal and state law. (b) A school district of residence shall not adopt any other policies that in any way prevent or discourage pupils from applying for a transfer to a school district of enrollment. (c) Communications to parents or guardians by districts regarding the open enrollment options provided by this article shall be factually accurate and not target individual parents or guardians or residential neighborhoods on the basis of a child’s actual or perceived academic or athletic performance or any other personal characteristic. 48356. (a) A school district of enrollment may adopt specific, written standards for acceptance and rejection of applications pursuant to this article. The standards may include consideration of the capacity of a program, class, grade level, school building, or adverse financial impact. Subject to subdivision (b), and except as necessary in accordance with Section 48355, the standards shall not include consideration of a pupil’s previous academic achievement, physical condition, proficiency in the English language, family income, or any of the individual characteristics set forth in Section 200. (b) In considering an application pursuant to this article, a nonresident school district may apply its usual requirements for admission to a magnet school or a program designed to serve gifted and talented pupils. (c) Subject to the rules and standards that apply to pupils who reside in the school district of enrollment, a resident pupil who is enrolled in one of the district’s schools pursuant to this article shall not be required to submit an application in order to remain enrolled. (d) A school district of enrollment shall ensure that pupils enrolled pursuant to standards adopted pursuant to this section are enrolled in a school with a higher Academic Performance Index than the school in which the pupil was previously enrolled and are selected through a random, unbiased process that prohibits an evaluation of whether or not the pupil should be enrolled based on his or her individual academic or athletic performance, or any of the other characteristics set forth in subdivision (a), except that pupils applying for a transfer pursuant to this article shall be assigned priority for approval as follows: (1) First priority for the siblings of children who already attend the desired school. (2) Second priority for pupils transferring from a program improvement school ranked in decile 1 on the Academic Performance Index determined pursuant to subdivision (a) of Section 48352. (3) If the number of pupils who request a particular school exceeds the number of spaces available at that school, a lottery shall be conducted in the group priority order identified in paragraphs (1) and (2) to select pupils at random until all of the available spaces are filled. (e) The initial application of a pupil for transfer to a school within a school district of enrollment shall not be approved if the transfer would require the displacement from the desired school of any other pupil who resides within the attendance area of that school or is currently enrolled in that school. (f) A pupil approved for a transfer to a school district of enrollment pursuant to this article shall be deemed to have fulfilled the requirements of Section 48204. 48357. Within 60 days of receiving an application pursuant to Section 48354, a school district of enrollment shall notify the applicant parent and the school district of residence in writing whether the application has been accepted or rejected. If an application is rejected, the school district of enrollment shall state in the notification the reasons for the rejection. 48358. A school district of enrollment that enrolls a pupil pursuant to this article shall accept credits toward graduation that were awarded to the pupil by another school district and shall graduate the pupil if the pupil meets the graduation requirements of the school district of enrollment. 48359. (a) Each school district is encouraged to keep an accounting of all requests made for alternative attendance pursuant to this article and records of all disposition of those requests that may include, but are not limited to, all of the following: (1) The number of requests granted, denied, or withdrawn. In the case of denied requests, the records may indicate the reasons for the denials. (2) The number of pupils who transfer out of the district. (3) The number of pupils who transfer into the district. (4) The race, ethnicity, gender, self-reported socioeconomic status, and the school district of residence of each of the pupils described in paragraphs (2) and (3). (5) The number of pupils described in paragraphs (2) and (3) who are classified as English learners or identified as individuals with exceptional needs, as defined in Section 56026. (b) The information maintained pursuant to subdivision (a) may be reported to the governing board of the school district at a regularly scheduled meeting of the governing board. 48359.5. (a) For a school district of enrollment that is a basic aid school district, the apportionment of state funds for average daily attendance credited pursuant to this article shall be 70 percent of the school district local control funding formula base grant that would have been apportioned to the school district of residence pursuant to subdivision (d) of Section 42238.02. Apportionment of these funds shall begin in the second consecutive year of enrollment, and continue annually until the pupil graduates from, or is no longer enrolled in, the school district of enrollment. (b) Notwithstanding subdivision (a), until the Superintendent determines that the school district of residence is funded pursuant to Section 42238.02, the Superintendent shall apportion, for average daily attendance pursuant to this article, the lesser of the amount calculated pursuant to subdivision (a) or 70 percent of the sum of the entitlements for the school district of residence for the specified fiscal year as computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), and paragraph (3) of subdivision (b), of Section 42238.03, divided by the average daily attendance pursuant to this article for that fiscal year and then multiplied by the ratio of local control funding formula base grant funding computed pursuant to subdivision (d) of Section 42238.02 to the local control funding formula amount for the fiscal year computed pursuant to Section 42238.02. (c) If the entitlements for the school district of residence computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), and paragraph (3) of subdivision (b), of Section 42238.03, include funding calculated pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 for a fiscal year, subdivision (b) shall not apply and the apportionment of state funds for the average daily attendance credited pursuant to this section for that fiscal year shall be calculated pursuant to subdivision (a). (d) For purposes of this section, “basic aid school district” means a school district that does not receive an apportionment of state funds as described in subdivision (o) of Section 42238.02 for a fiscal year in which this section may apply. 48360. (a) From federal funds appropriated for this purpose, the Superintendent shall contract for an independent evaluation of the open enrollment program operated pursuant to this article. The evaluation shall, at a minimum, consider all of the following: (1) The levels of, and changes in, academic achievement of pupils in school districts of residence and school districts of enrollment for pupils who do and do not elect to enroll in a school district of enrollment. (2) Fiscal and programmatic effects on school districts of residence and school districts of enrollment. (3) Numbers and demographic and socioeconomic characteristics of pupils who do and do not elect to enroll in a school district of enrollment. (b) The Superintendent shall provide a final evaluation report to the Legislature, Governor, and state board on or before October 1, 2014. 48361. No exercise of discretion by a district of enrollment in its administration of this article shall be overturned absent a finding as designated by a court of competent jurisdiction that the district governing board acted in an arbitrary and capricious manner. |
The text of California Educ Code § 48301 is as follows:[38]
48301. (a) (1) The governing board of a school district may elect to operate the school district as a school district of choice and may accept transfers from school districts of residence pursuant to this article. If the governing board of a school district elects to accept transfers as authorized under this article, it shall, by resolution, determine and adopt the number of transfers it is willing to accept under this article and shall accept all pupils who apply to transfer until the school district is at maximum capacity. The school district of choice shall ensure that pupils admitted under this article are selected through an unbiased process that prohibits an inquiry into or evaluation or consideration of whether or not a pupil should be enrolled based upon his or her academic or athletic performance, physical condition, proficiency in English, any of the individual characteristics set forth in Section 200, and, except for purposes of determining priority for pupils eligible for free or reduced-price meals pursuant to Section 48306, family income. (2) If the number of transfer applications exceeds the number of transfers the governing board of a school district of choice elects to accept under this article, approval for transfer pursuant to this article shall be determined by a random drawing held in public at a regularly scheduled meeting of the governing board of the school district of choice. (b) Communications to parents by school districts of choice shall be factually accurate and not target individual parents or residential neighborhoods on the basis of a pupil or pupils’ actual or perceived academic or athletic skill or other personal characteristic. (c) A school district of choice, with respect to compliance with subdivisions (a) and (b), shall be subject to the audit conducted pursuant to Section 41020. (d) A school district of choice shall post application information on its Internet Web site. This information shall include, at a minimum, any applicable form and the timeline for a transfer pursuant to this article. This information also shall include an explanation of the selection process the school district of choice implements pursuant to subdivision (a). (e) A pupil attending a school in a school district of choice shall be deemed to have fulfilled the requirements of Section 48204. (f) All communication from a school district of choice regarding the transfer opportunities under the program shall be available in all languages for which translations are required in the school district of residence pursuant to Section 48985. (g) On or before July 1, 2018, a school district of choice shall register as a school district of choice with both the Superintendent in a manner specified by the Superintendent and the county board of education where the school district of choice is located. (h) Commencing with the 2018–19 school year, a school district of choice shall not enroll pupils under this article until the school district has registered pursuant to subdivision (g). |
The text of California Educ Code § 46600 is as follows:[39]
46600. (a) (1) The governing boards of two or more school districts may enter into an agreement, for a term not to exceed five school years, for the interdistrict attendance of pupils who are residents of the school districts. The agreement may provide for the admission to a school district other than the school district of residence of a pupil who requests a permit to attend a school district of proposed enrollment that is a party to the agreement and that maintains schools and classes in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, to which the pupil requests admission. Once a pupil in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, is enrolled in a school pursuant to this chapter, the pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which the pupil is enrolled, except as specified in paragraphs (2) and (4). (2) The agreement shall stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. The agreement may contain standards for reapplication agreed to by the school district of residence and the school district of enrollment that differ from the requirements prescribed by paragraph (1). The agreement may stipulate terms and conditions established by the school district of residence and the school district of enrollment under which the permit may be revoked. (3) The designee of the superintendent of the school district of residence shall issue an individual permit verifying the school district’s approval, pursuant to policies of the governing board of the school district and terms of the agreement for the transfer. A permit shall be valid upon concurring endorsement by the designee of the governing board of the school district of proposed enrollment. The stipulation of the terms and conditions under which the permit may be revoked is the responsibility of the school district of enrollment. (4) Notwithstanding paragraph (2), a school district of residence or school district of enrollment shall not rescind existing transfer permits for pupils after June 30 following the completion of grade 10, or for pupils in grade 11 or 12. (b) A pupil who has been determined by personnel of either the school district of residence or the school district of proposed enrollment to have been the victim of an act of bullying, as defined in subdivision (r) of Section 48900, committed by a pupil of the school district of residence shall, at the request of the parent, be given priority for interdistrict attendance. (c) In addition to the requirements of subdivision (e) of Section 48915.1, and regardless of whether an agreement exists or a permit is issued pursuant to this section, any school district may admit a pupil expelled from another school district in which the pupil continues to reside. (d) (1) Notwithstanding any other law, and regardless of whether an agreement exists or a permit is issued pursuant to this section, a school district of residence shall not prohibit the transfer of a pupil who is a child of an active duty military parent to a school district of proposed enrollment if the school district of proposed enrollment approves the application for transfer. (2) A school district of residence shall approve an intradistrict transfer request for a victim of an act of bullying unless the requested school is at maximum capacity, in which case the school district shall accept an intradistrict transfer request for a different school in the school district. Notwithstanding any other law, and regardless of whether an agreement exists or a permit is issued pursuant to this section, if the school district of residence has only one school offering the grade level of the victim of an act of bullying and therefore there is no option for an intradistrict transfer, the victim of an act of bullying may apply for an interdistrict transfer and the school district of residence shall not prohibit the transfer if the school district of proposed enrollment approves the application for transfer. (3) A school district of proposed enrollment that elects to accept an interdistrict transfer pursuant to this subdivision shall accept all pupils who apply to transfer under this subdivision until the school district is at maximum capacity. A school district of proposed enrollment shall ensure that pupils admitted under this subdivision are selected through an unbiased process that prohibits an inquiry into or evaluation or consideration of whether or not a pupil should be enrolled based on academic or athletic performance, physical condition, proficiency in English, family income, or any of the individual characteristics set forth in Section 220, including, but not limited to, race or ethnicity, gender, gender identity, gender expression, and immigration status. (4) (A) For purposes of this subdivision, “active military duty parent” means a parent with full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Guard on active duty orders pursuant to Chapter 1209 (commencing with Section 12301) and Chapter 1211 (commencing with Section 12401) of Part II of Subtitle E of Title 10 of the United States Code. (B) For purposes of this subdivision, a “victim of an act of bullying” means a pupil that has been determined to have been a victim of bullying by an investigation pursuant to the complaint process described in Section 234.1 and the bullying was committed by any pupil in the school district of residence, and the parent of the pupil has filed a written complaint regarding the bullying with the school, school district personnel, or a local law enforcement agency. (5) (A) Upon request of the parent or guardian on behalf of a pupil eligible for transfer pursuant to this subdivision, a school district of enrollment shall provide transportation assistance to a pupil who is eligible for free or reduced-price meals. (B) A school district of enrollment may provide transportation assistance to any pupil admitted under this subdivision. (C) It is the intent of the Legislature that the amount of transportation assistance provided to a pupil pursuant to subparagraph (A) or (B) not exceed the supplemental grant received, if any, for the pupil pursuant to subdivision (e) of Section 42238.02. |
Charter schools
- See also: Charter schools in California, How does California compare to other states on school board authority over charter schools?
California is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.
Local school boards, county boards of education, and the California State Board of Education can all authorize or deny charter school applications according to state law. Charter petitioners can appeal applications denied by the district board to the county board; if it is denied by the county board, the petitioner can appeal the decision to the state board. Some charter schools can apply directly to the county board or state board if they provide countywide or statewide services.[40]
47605. (a) (1) Except as set forth in paragraph (2), a petition for the establishment of a charter school within a school district may be circulated by one or more persons seeking to establish the charter school. A petition for the establishment of a charter school shall identify a single charter school that will operate within the geographic boundaries of that school district. A charter school may propose to operate at multiple sites within the school district if each location is identified in the charter school petition. The petition may be submitted to the governing board of the school district for review after either of the following conditions is met: (A) The petition is signed by a number of parents or legal guardians of pupils that is equivalent to at least one-half of the number of pupils that the charter school estimates will enroll in the charter school for its first year of operation. (B) The petition is signed by a number of teachers that is equivalent to at least one-half of the number of teachers that the charter school estimates will be employed at the charter school during its first year of operation. (2) A petition that proposes to convert an existing public school to a charter school that would not be eligible for a loan pursuant to subdivision (c) of Section 41365 may be circulated by one or more persons seeking to establish the charter school. The petition may be submitted to the governing board of the school district for review after the petition is signed by not less than 50 percent of the permanent status teachers currently employed at the public school to be converted. (3) A petition shall include a prominent statement that a signature on the petition means that the parent or legal guardian is meaningfully interested in having their child or ward attend the charter school, or in the case of a teacher’s signature, means that the teacher is meaningfully interested in teaching at the charter school. The proposed charter shall be attached to the petition. (4) After receiving approval of its petition, a charter school that proposes to expand operations to one or more additional sites or grade levels shall request a material revision to its charter and shall notify the chartering authority of those additional locations or grade levels. The chartering authority shall consider whether to approve those additional locations or grade levels at an open, public meeting. If the additional locations or grade levels are approved pursuant to the standards and criteria described in subdivision (c), they shall be a material revision to the charter school’s charter. (5) (A) A charter school that established one site outside the boundaries of the school district, but within the county in which that school district is located before January 1, 2020, may continue to operate that site until the charter school submits a request for the renewal of its charter petition. To continue operating the site, the charter school shall do either of the following: (i) First, before submitting the request for the renewal of the charter petition, obtain approval in writing from the school district where the site is operating. (ii) Submit a request for the renewal of the charter petition pursuant to Section 47607 to the school district in which the charter school is located. (B) If a Presidential declaration of a major disaster or emergency is issued in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) for an area in which a charter schoolsite is located and operating, the charter school, for not more than five years, may relocate that site outside the area subject to the Presidential declaration if the charter school first obtains the written approval of the school district where the site is being relocated to. (C) Notwithstanding subparagraph (A), if a charter school was relocated from December 31, 2016, to December 31, 2019, inclusive, due to a Presidential declaration of a major disaster or emergency in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.), that charter school shall be allowed to return to its original campus location in perpetuity. (D) (i) A charter school in operation and providing educational services to pupils before October 1, 2019, located on a federally recognized California Indian reservation or rancheria or operated by a federally recognized California Indian tribe shall be exempt from the geographic restrictions of paragraph (1) and subparagraph (A) of this paragraph and the geographic restrictions of subdivision (a) of Section 47605.1. (ii) The exemption to the geographic restrictions of subdivision (a) of Section 47605.1 in clause (i) does not apply to nonclassroom-based charter schools operating pursuant to Section 47612.5. (E) The department shall regard as a continuing charter school for all purposes a charter school that was granted approval of its petition, that was providing educational services to pupils before October 1, 2019, and is authorized by a different chartering authority due to changes to this paragraph that took effect January 1, 2020. This paragraph shall be implemented only to the extent it does not conflict with federal law. In order to prevent any potential conflict with federal law, this paragraph does not apply to covered programs as identified in Section 8101(11) of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 7801) to the extent the affected charter school is the restructured portion of a divided charter school pursuant to Section 47654. (6) Commencing January 1, 2003, a petition to establish a charter school shall not be approved to serve pupils in a grade level that is not served by the school district of the governing board considering the petition, unless the petition proposes to serve pupils in all of the grade levels served by that school district. (b) No later than 60 days after receiving a petition, in accordance with subdivision (a), the governing board of the school district shall hold a public hearing on the provisions of the charter, at which time the governing board of the school district shall consider the level of support for the petition by teachers employed by the school district, other employees of the school district, and parents. Following review of the petition and the public hearing, the governing board of the school district shall either grant or deny the charter within 90 days of receipt of the petition, provided, however, that the date may be extended by an additional 30 days if both parties agree to the extension. A petition is deemed received by the governing board of the school district for purposes of commencing the timelines described in this subdivision on the day the petitioner submits a petition to the district office, along with a signed certification that the petitioner deems the petition to be complete. The governing board of the school district shall publish all staff recommendations, including the recommended findings and, if applicable, the certification from the county superintendent of schools prepared pursuant to paragraph (8) of subdivision (c), regarding the petition at least 15 days before the public hearing at which the governing board of the school district will either grant or deny the charter. At the public hearing at which the governing board of the school district will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings. (c) In reviewing petitions for the establishment of charter schools pursuant to this section, the chartering authority shall be guided by the intent of the Legislature that charter schools are and should become an integral part of the California educational system and that the establishment of charter schools should be encouraged. The governing board of the school district shall grant a charter for the operation of a school under this part if it is satisfied that granting the charter is consistent with sound educational practice and with the interests of the community in which the school is proposing to locate. The governing board of the school district shall consider the academic needs of the pupils the school proposes to serve. The governing board of the school district shall not deny a petition for the establishment of a charter school unless it makes written factual findings, specific to the particular petition, setting forth specific facts to support one or more of the following findings: (1) The charter school presents an unsound educational program for the pupils to be enrolled in the charter school. (2) The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition. (3) The petition does not contain the number of signatures required by subdivision (a). (4) The petition does not contain an affirmation of each of the conditions described in subdivision (e). (5) The petition does not contain reasonably comprehensive descriptions of all of the following: (A) (i) The educational program of the charter school, designed, among other things, to identify those whom the charter school is attempting to educate, what it means to be an “educated person” in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners. (ii) The annual goals for the charter school for all pupils and for each subgroup of pupils identified pursuant to Section 52052, to be achieved in the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, and specific annual actions to achieve those goals. A charter petition may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals. (iii) If the proposed charter school will serve high school pupils, the manner in which the charter school will inform parents about the transferability of courses to other public high schools and the eligibility of courses to meet college entrance requirements. Courses offered by the charter school that are accredited by the Western Association of Schools and Colleges may be considered transferable and courses approved by the University of California or the California State University as creditable under the “A to G” admissions criteria may be considered to meet college entrance requirements. (B) The measurable pupil outcomes identified for use by the charter school. “Pupil outcomes,” for purposes of this part, means the extent to which all pupils of the charter school demonstrate that they have attained the skills, knowledge, and attitudes specified as goals in the charter school’s educational program. Pupil outcomes shall include outcomes that address increases in pupil academic achievement both schoolwide and for all pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served by the charter school. (C) The method by which pupil progress in meeting those pupil outcomes is to be measured. To the extent practicable, the method for measuring pupil outcomes for state priorities shall be consistent with the way information is reported on a school accountability report card. (D) The governance structure of the charter school, including, but not limited to, the process to be followed by the charter school to ensure parental involvement. (E) The qualifications to be met by individuals to be employed by the charter school. (F) The procedures that the charter school will follow to ensure the health and safety of pupils and staff. These procedures shall require all of the following: (i) That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237. (ii) For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (K), inclusive, of paragraph (2) of subdivision (a) of Section 32282. For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (L) of paragraph (2) of subdivision (a) of Section 32282. (iii) That the school safety plan be reviewed and updated by March 1 of every year by the charter school. (G) The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils, as defined by the evaluation rubrics in Section 52064.5, that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school. (H) Admission policies and procedures, consistent with subdivision (e). (I) The manner in which annual, independent financial audits shall be conducted, which shall employ generally accepted accounting principles, and the manner in which audit exceptions and deficiencies shall be resolved to the satisfaction of the chartering authority. (J) The procedures by which pupils can be suspended or expelled from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that are consistent with all of the following: (i) For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupil’s side of the story. (ii) For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following: (I) Provide timely, written notice of the charges against the pupil and an explanation of the pupil’s basic rights. (II) Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate. (iii) Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupil’s parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster child’s educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster child’s attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian child’s tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupil’s parent or guardian, the homeless child’s educational rights holder, the foster child’s educational rights holder, attorney, and county social worker, or the Indian child’s tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupil’s parent or guardian, the homeless child’s educational rights holder, the foster child’s educational rights holder, attorney, or county social worker, or the Indian child’s tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, “involuntarily removed” includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii). (iv) A foster child’s educational rights holder, attorney, and county social worker and an Indian child’s tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information. (K) The manner by which staff members of the charter schools will be covered by the State Teachers’ Retirement System, the Public Employees’ Retirement System, or federal social security. (L) The public school attendance alternatives for pupils residing within the school district who choose not to attend charter schools. (M) The rights of an employee of the school district upon leaving the employment of the school district to work in a charter school, and of any rights of return to the school district after employment at a charter school. (N) The procedures to be followed by the charter school and the chartering authority to resolve disputes relating to provisions of the charter. (O) The procedures to be used if the charter school closes. The procedures shall ensure a final audit of the charter school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of pupil records. (6) The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public employer of the employees of the charter school for purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. (7) The charter school is demonstrably unlikely to serve the interests of the entire community in which the school is proposing to locate. Analysis of this finding shall include consideration of the fiscal impact of the proposed charter school. A written factual finding under this paragraph shall detail specific facts and circumstances that analyze and consider the following factors: (A) The extent to which the proposed charter school would substantially undermine existing services, academic offerings, or programmatic offerings. (B) Whether the proposed charter school would duplicate a program currently offered within the school district and the existing program has sufficient capacity for the pupils proposed to be served within reasonable proximity to where the charter school intends to locate. (8) The school district is not positioned to absorb the fiscal impact of the proposed charter school. A school district satisfies this paragraph if it has a qualified interim certification pursuant to Section 42131 and the county superintendent of schools, in consultation with the County Office Fiscal Crisis and Management Assistance Team, certifies that approving the charter school would result in the school district having a negative interim certification pursuant to Section 42131, has a negative interim certification pursuant to Section 42131, or is under state receivership. Charter schools proposed in a school district satisfying one of these conditions shall be subject to a rebuttable presumption of denial. (d) (1) Charter schools shall meet all statewide standards and conduct the pupil assessments required pursuant to Section 60605 and any other statewide standards authorized in statute or pupil assessments applicable to pupils in noncharter public schools. (2) Charter schools shall, on a regular basis, consult with their parents, legal guardians, and teachers regarding the charter school’s educational programs. (e) (1) In addition to any other requirement imposed under this part, a charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against a pupil on the basis of the characteristics listed in Section 220. Except as provided in paragraph (2), admission to a charter school shall not be determined according to the place of residence of the pupil, or of that pupil’s parent or legal guardian, within this state, except that an existing public school converting partially or entirely to a charter school under this part shall adopt and maintain a policy giving admission preference to pupils who reside within the former attendance area of that public school. (2) (A) A charter school shall admit all pupils who wish to attend the charter school. (B) If the number of pupils who wish to attend the charter school exceeds the charter school’s capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the school district except as provided for in Section 47614.5. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter school’s teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following: (i) Each type of preference shall be approved by the chartering authority at a public hearing. (ii) Preferences shall be consistent with federal law, the California Constitution, and Section 200. (iii) Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation. (iv) In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment. (C) In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and shall not take any action to impede the charter school from expanding enrollment to meet pupil demand. (3) If a pupil is expelled or leaves the charter school without graduating or completing the school year for any reason, the charter school shall notify the superintendent of the school district of the pupil’s last known address within 30 days, and shall, upon request, provide that school district with a copy of the cumulative record of the pupil, including report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200. (4) (A) A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). (B) A charter school shall not request a pupil’s records or require a parent, guardian, or pupil to submit the pupil’s records to the charter school before enrollment. (C) A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (c). (D) The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter school’s internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times: (i) When a parent, guardian, or pupil inquires about enrollment. (ii) Before conducting an enrollment lottery. (iii) Before disenrollment of a pupil. (E) (i) A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority. (ii) The department shall develop a template to be used for filing complaints pursuant to clause (i). (5) Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department. (f) The governing board of a school district shall not require an employee of the school district to be employed in a charter school. (g) The governing board of a school district shall not require a pupil enrolled in the school district to attend a charter school. (h) The governing board of a school district shall require that the petitioner or petitioners provide information regarding the proposed operation and potential effects of the charter school, including, but not limited to, the facilities to be used by the charter school, the manner in which administrative services of the charter school are to be provided, and potential civil liability effects, if any, upon the charter school and upon the school district. The description of the facilities to be used by the charter school shall specify where the charter school intends to locate. The petitioner or petitioners also shall be required to provide financial statements that include a proposed first-year operational budget, including startup costs, and cashflow and financial projections for the first three years of operation. If the school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school. (i) In reviewing petitions for the establishment of charter schools within the school district, the governing board of the school district shall give preference to petitions that demonstrate the capability to provide comprehensive learning experiences to pupils identified by the petitioner or petitioners as academically low achieving pursuant to the standards established by the department under Section 54032, as that section read before July 19, 2006. (j) Upon the approval of the petition by the governing board of the school district, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the applicable county superintendent of schools, the department, and the state board. (k) (1) (A) (i) If the governing board of a school district denies a petition, the petitioner may elect to submit the petition for the establishment of a charter school to the county board of education. The petitioner shall submit the petition to the county board of education within 30 days of a denial by the governing board of the school district. At the same time the petition is submitted to the county board of education, the petitioner shall also provide a copy of the petition to the school district. The county board of education shall review the petition pursuant to subdivisions (b) and (c). If the petition submitted on appeal contains new or different material terms, the county board of education shall immediately remand the petition to the governing board of the school district for reconsideration, which shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition for the establishment of a charter school to the county board of education. (ii) The county board of education shall review the appeal petition pursuant to subdivision (c). If the denial of the petition was made pursuant to paragraph (8) of subdivision (c), the county board of education shall also review the school district’s findings pursuant to paragraph (8) of subdivision (c). (iii) As used in this subdivision, “material terms” of the petition means the signatures, affirmations, disclosures, documents, and descriptions described in subdivisions (a), (b), (c), and (h), but shall not include minor administrative updates to the petition or related documents due to changes in circumstances based on the passage of time related to fiscal affairs, facilities arrangements, or state law, or to reflect the county board of education as the chartering authority. (B) If the governing board of a school district denies a petition and the county board of education has jurisdiction over a single school district, the petitioner may elect to submit the petition for the establishment of a charter school to the state board. The state board shall review a petition submitted pursuant to this subparagraph pursuant to subdivision (c). If the denial of a charter petition is reversed by the state board pursuant to this subparagraph, the state board shall designate the governing board of the school district in which the charter school is located as the chartering authority. (2) If the county board of education denies a petition, the petitioner may appeal that denial to the state board. (A) The petitioner shall submit the petition to the state board within 30 days of a denial by the county board of education. The petitioner shall include the findings and documentary record from the governing board of the school district and the county board of education and a written submission detailing, with specific citations to the documentary record, how the governing board of the school district and the county board of education abused their discretion. The governing board of the school district and county board of education shall prepare the documentary record, including transcripts of the public hearing at which the governing board of the school district and county board of education denied the charter, at the request of the petitioner. The documentary record shall be prepared by the governing board of the school district and county board of education no later than 10 business days after the request of the petitioner is made. At the same time the petition and supporting documentation is submitted to the state board, the petitioner shall also provide a copy of the petition and supporting documentation to the school district and the county board of education. (B) If the appeal contains new or different material terms, as defined in clause (iii) of subparagraph (A) of paragraph (1), the state board shall immediately remand the petition to the governing board of the school district to which the petition was submitted for reconsideration. The governing board of the school district shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition to the state board. (C) Within 30 days of receipt of the appeal submitted to the state board, the governing board of the school district or county board of education may submit a written opposition to the state board detailing, with specific citations to the documentary record, how the governing board of the school district or the county board of education did not abuse its discretion in denying the petition. The governing board of the school district or the county board of education may submit supporting documentation or evidence from the documentary record that was considered by the governing board of the school district or the county board of education. (D) The state board’s Advisory Commission on Charter Schools shall hold a public hearing to review the appeal and documentary record. Based on its review, the Advisory Commission on Charter Schools shall submit a recommendation to the state board whether there is sufficient evidence to hear the appeal or to summarily deny review of the appeal based on the documentary record. If the Advisory Commission on Charter Schools does not submit a recommendation to the state board, the state board shall consider the appeal, and shall either hear the appeal or summarily deny review of the appeal based on the documentary record at a regular public meeting of the state board. (E) The state board shall either hear the appeal or summarily deny review of the appeal based on the documentary record. If the state board hears the appeal, the state board may affirm the determination of the governing board of the school district or the county board of education, or both of those determinations, or may reverse only upon a determination that there was an abuse of discretion by each of the governing board of the school district and the county board of education. Abuse of discretion is the most deferential standard of review, under which the state board must give deference to the decisions of the governing board of the school district and the county board of education to deny the petition. If the denial of a charter petition is reversed by the state board, the state board shall designate, in consultation with the petitioner, either the governing board of the school district or the county board of education in which the charter school is located as the chartering authority. (3) A charter school for which a charter is granted by either the county board of education or the state board based on an appeal pursuant to this subdivision shall qualify fully as a charter school for all funding and other purposes of this part. (4) A charter school that receives approval of its petition from a county board of education or from the state board on appeal shall be subject to the same requirements concerning geographic location to which it would otherwise be subject if it received approval from the chartering authority to which it originally submitted its petition. A charter petition that is submitted to either a county board of education or to the state board shall meet all otherwise applicable petition requirements, including the identification of the proposed site or sites where the charter school will operate. (5) Upon the approval of the petition by the county board of education, the petition or petitioners shall provide written notice of that approval, including a copy of the petition, to the governing board of the school district in which the charter school is located, the department, and the state board. (6) If either the county board of education or the state board fails to act on a petition within 180 days of receipt, the decision of the governing board of the school district to deny the petition shall be subject to judicial review. (l) (1) Teachers in charter schools shall hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teacher’s certificated assignment. These documents shall be maintained on file at the charter school and are subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district. (2) By July 1, 2020, all teachers in charter schools shall obtain a certificate of clearance and satisfy the requirements for professional fitness pursuant to Sections 44339, 44340, and 44341. (3) The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools, and shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies. (m) A charter school shall transmit a copy of its annual, independent financial audit report for the preceding fiscal year, as described in subparagraph (I) of paragraph (5) of subdivision (c), to its chartering authority, the Controller, the county superintendent of schools of the county in which the charter school is sited, unless the county board of education of the county in which the charter school is sited is the chartering authority, and the department by December 15 of each year. This subdivision does not apply if the audit of the charter school is encompassed in the audit of the chartering authority pursuant to Section 41020. (n) A charter school may encourage parental involvement, but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school. |
Cellphone bans
California is one of 26 states with state laws or executive orders prohibiting or limiting cell phones in classrooms and/or schools, including through requiring school boards to pass certain policies. The law, signed by Governor Gavin Newsom (D) on September 23, 2024, requires local districts to adopt policies to limit or ban cellphone use in the K-12 classroom.[41]
Collective bargaining agreements
Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.
CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[42][43]
California school boards are authorized to engage in collective bargaining agreements with school employees, which can constrain their authority over certain district policies.[44]
For example, in a collective bargaining agreement between the Los Angeles Unified School District and the United Teachers of Los Angeles, teachers are contractually allowed to review and comment on charter school applications before they are decided by school district boards.[45]
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Parents' bill of rights
California is one of 24 states that does not have a statewide Parents' Bill of Rights.
How does California compare to other states?
This section compares California's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.
Book bans, removals, and restrictions
Twenty-two (22) states have no laws regulating the curation of school library books. Twenty-eight (28) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:
- Twelve states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
- Ten states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
- Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
- Five states require school boards to establish local boards to review challenges to library books.
- Two states require school boards to allow parents to view a catalogue of books.
Some states have adopted multiple types of these policies.
Discipline
- School boards in 47 states have authority over disciplinary policy in their district.
- School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
- Individual schools in one state create their own disciplinary policy.
School board elections
School boards' authority over the timing of school board elections varies by state.
- School boards in 42 states do not have authority over election timing;
- School boards in five states can choose from limited options when to hold school board elections;
- School boards in two states can choose from a date range when to hold school board elections;
- The school board in Hawaii is not elected.
The map below shows the types of authority school boards in the states have to determine the timing of school board elections.
Charter schools
- See also: Charter schools in the United States
Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.
- 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
- 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
- 3 states do not have laws governing charter school authorization.
- 1 state allows school districts to apply to the state board of education to be a charter school district.
State cellphone laws
In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[46]
Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.
Parents' Bill of Rights
- See also: Parents' Bill of Rights in education
If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.
- 26 states have enacted a statewide Parents' Bill of Rights
- 24 states have not enacted a Parents' Bill of Rights.
Noteworthy events
- California adopts education bills regarding immigration enforcement (2025): Governor Gavin Newsom (D) signed Assembly Bill (AB) 49 and Senate Bill (SB) 98 on September 20, 2025, both relating to immigration enforcement in educational spaces. AB 49 prohibits school districts or district personnel from disclosing or providing, in writing, verbally, or in any other manner, the education records of or any information about a pupil or a pupil’s family and household without the pupil’s parents’ or guardians’ written consent, a school employee, or a teacher to an officer or employee of an agency conducting immigration enforcement without a valid judicial warrant, judicial subpoena, or court order. SB98 requires school districts to adopt policies requiring schools to notify parents and guardians of pupils, teachers, administrators, and school personnel when the school confirms the presence of immigration enforcement. Both bills took effect upon Newsom's approval.[47][48]
- Trump administration investigates California over law prohibiting schools from requiring teachers to notify parents of gender identity (2025): The Trump administration announced on March 27, 2025, that it would investigate the state of California regarding its law, titled the SAFETY Act, that prohibits school boards from requiring schools to notify parents if their students have a change in gender identity or sexuality. The administration alleged that the SAFETY Act violated the federal Family Educational Rights and Privacy Act (FERPA), which holds that parents have the right to access their child's medical records, and that states in violation of FERPA would lose federal funding.[49]
- California parents sue school district, elementary school alleging violation of parents rights to opt out of LGBTQ+ curriculum (2024): Carlos and Jennifer Encinas sued the Encinitas Union School District and the La Costa Heights Elementary school, among others, in the United States District Court for the Southern District of California on September 10, 2024, alleging the school and school district violated their parental rights to opt their child out of LGBTQ+ instruction that they said was counter to their religious beliefs, among other allegations. According to the lawsuit, the California education code allows parents to opt their children out of health instruction that conflicts with religious training and beliefs, but the Encinitas Union School District does not allow opt-outs unless it is part of the formal health instruction, according to the lawsuit. A federal judge issued a preliminary injunction on May 14, 2025, that required Encinitas schools to notify parents before teaching books about gender identity and allow them to opt out.[50][51]
- California governor signs bill requiring AI literacy in K-12 curriculum (2024): California Governor Gavin Newsom (D) signed a bill into law on September 29, 2024, to require public schools to incorporate artificial intelligence (AI) literacy into K-12 curriculum. The bill directs California's Instructional Quality Commission to incorporate AI literacy into the state's math, science, and history curriculum.[52]
- California governor signs bill to require instruction about Native American treatment during Ca. gold rush (2024): California Governor Gavin Newsom (D) signed Assembly Bill 1821 on September 27, 2024, to require instruction about the Spanish colonization of California and the gold rush era to include the treatment and perspectives of Native Americans. The bill took effect with the start of the 2025-2026 school year.[53]
- California parents sue school district, elementary school alleging violation of parents rights to opt out of LGBTQ+ curriculum opposing families' religious beliefs (2024): Carlos and Jennifer Encinas sued the Encinitas Union School District and the La Costa Heights Elementary school, among others, in the United States District Court for the Southern District of California on September 10, 2024, alleging the school and school district violated their parental rights to opt their child out of LGBTQ+ instruction that they said was counter to their religious beliefs, among other allegations. According to the lawsuit, the California education code allows parents to opt their children out of health instruction that conflicts with religious training and beliefs, but the Encinitas Union School District does not allow opt-outs unless it is part of the formal health instruction, according to the lawsuit.[54]
- California school district requires teachers to publish curriculum for parental review (2024): California's Lakeside Union School District approved a Parents' Bill of Rights on May 9, 2024, that requires teachers to post curriculum for parents to review. The Parents' Bill of Rights also allows parents to opt their children out of courses they deem inappropriate, including sex education, and to review library materials. The Parents' Bill of Rights took effect in August 2024 with the start of the 2024-2025 school year and includes parental notification requirements that conflict with provisions in California AB 1955, titled the SAFETY Act, that prohibit school employees from disclosing pupils' sexual orientation, gender identity, or gender expression without the pupil's consent.[55][56]
- California bill bans the requirement for school employees to disclose information about pupils' LGBTQ+ identity (2024): California Governor Gavin Newsom (D) signed AB1955, nicknamed the SAFETY Act, into law on July 15, 2024, that prohibits any local school district or public school from enacting or enforcing a policy that requires an employee to disclose any information related to a pupil's sexual orientation or gender identity. The SAFETY Act does not limit parents' ability to access their student's school.[57][58]
- California governor signs bill to require curriculum on the dangers of fentanyl (2024): California Governor Gavin Newsom (D) signed AB2429 on July 2, 2024. AB2429 requires districts, private schools, or charter schools that require health courses for high school graduation to add information about fentanyl, its legal and illegal uses, its addictive properties, how to detect fentanyl in other drugs, and how to identify if someone is overdosing. The curriculum will be implemented in the 2026-2027 school year.[59]
- California adopts personal finance curriculum requirements (2024): California Governor Gavin Newsom (D) signed AB2927 into law on June 29, 2024, that requires California high schools to implement personal finance curriculum courses by 2027, to be required for graduation starting in 2031. The bill garnered bipartisan support.[60][61]
- California bill to require schools to post sex-ed curriculum before it is taught passes state senate (2024): California SB 996, introduced by Senator Scott Wilk (R), passed the Senate Education Committee on April 17, 2024. The bill proposed requiring schools to post sex education curricula on their website before it is taught, keep it updated, and refer parents to the site if they want to review it. Wilk said the bill aimed to build trust and transparency between schools and parents, and stop controversy over sex education before it started, according to The Signal, Santa Clarita Valley.[62][63]
- Parent sues California district over alleged withholding of Israel-Palestine conflict curriculum (2024): Berkeley Unified School District (BUSD) parent Yossi Fendel and the Deborah Project filed a lawsuit on April 4, 2024, against BUSD, alleging that the district violated state law by not responding Fendel's Public Records Act request for the ethnic studies curriculum regarding the Israeli-Palestinian conflict. The lawsuit also contended that the curriculum he did view was biased against Israel, violating state law and district policy for teaching subjects deemed controversial. The Deborah Project, a law firm that, according to their website, aims to defend Jews in educational settings from discrimination, has active lawsuits against three California school districts.[64][65][66]
- Kern High School Board of Trustees approves ethnic studies curriculum (2024): California's Kern High School Board of Trustees on April 2, 2024, approved a pilot ethnic studies program. The board enacted the program following a California mandate that high school students must participate in an ethnic studies curriculum beginning with the class of 2030. Assistant Superintendent of Instruction Leo Holland stated in a presentation about the curriculum, “Students will utilize critical thinking in order to analyze the contributions, lived experiences, and histories of people of color, with specific focus on four subgroups- African Americans, Asian Americans & Pacific Islanders, Latina/o/x Americans, and Native Americans.” The program began in the 2024-2025 school year and was recommended to be a ninth-grade course.[67]
- California school district implements science of reading curriculum (2024.): The Los Angeles Unified School District (LAUSD) implemented a phonics-based science of reading curriculum in approximately half of the district's 434 elementary schools during the 2023-2024 school year. The LAUSD superintendent announced plans to implement the science of reading curriculum at all system elementary schools before the start of the 2024-2025 school year.[68]
- California teachers union opposes science of reading bill (2024): The California Teachers Association (CTA), the largest teachers union in the state, opposed AB 2222 in a March 28, 2024, letter, contending that the new bill would not meet the needs of English learners and would undermine teachers’ say in curriculum formation. The letter argued that California teachers were already practicing the science of reading in a way that served the needs of the diverse student population. Marshall Tuck, CEO of EdVoice who co-sponsored the bill, said he believed CTA misunderstood the bill and that it still gives teachers flexibility in the classroom. The bill, which proposed requiring local education agencies to adhere to state-selected reading and language arts curricula, was in the Committee on Education as of May 2, 2024.[69][70][71]
- California Senate introduces bill requiring school districts to disclose sexual education curriculum materials (2024): The California State Senate on January 31, 2024, introduced California SB 996, which proposed requiring all public and charter school districts to make available the education materials used in sexual health education and HIV prevention education. Earlier versions of the bill were introduced in 2019 and 2021 but failed to progress beyond committee stages. [72]
- California legislators propose parental notification requirement for transgender students (2023): Assemblymen Bill Essayli (R) and James Gallagher (R) introduced legislation on February 16, 2023, that proposed requiring schools to notify parents within three days if their child asked to be called by a different name or different pronouns. The bill also proposed requiring parental notification if a child started using bathrooms or locker rooms designated for the opposite sex. California law, at the time of the bill's introduction, allowed children 12 and older to seek gender treatments without parental approval with the sign-off of a doctor or counselor. The bill died in committee on January 31, 2024.[73]
- California adds cursive to elementary school curriculum (2024): California Governor Gavin Newsom (D) on October 13, 2023, signed a bill into law mandating cursive writing instruction for elementary school students in first through sixth grades. Instruction on cursive handwriting was removed from the state’s standards in 2010, though some schools continued to teach it. The law took effect in January 2024.[74][75]
- Coalition of attorneys general files amicus brief in support of incorporating LGBTQ+ books in curriculum (2023): A coalition of 19 attorneys general filed an amicus brief on October 31, 2023, in support of Maryland's Montgomery County Board of Education’s policy to allow LGBTQ+ books to be incorporated into the curriculum. Montgomery County Public Schools faced legal challenges from a group of parents after implementing a policy in the 2022-2023 school year to incorporate LGBTQ+ books into their curriculum. The coalition included attorneys general from California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New York, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia.[76]
- Governor Newsom signs bill requiring media literacy curriculum (2023): California Governor Gavin Newsom (D) on October 13, 2023, signed a bill into law that proposed requiring schools to incorporate media literacy into K-12 curriculum. The state’s Instructional Quality Commission issued curriculum frameworks in 2024 to guide schools in incorporating media literacy instruction into their curriculum. California joined Delaware, New Jersey, and Texas in incorporating media literacy into K-12 curriculum.[77]
- California enacts law requiring ethnic studies and LGBTQ+ history curriculum (2023): California Governor Gavin Newsom (D) signed a bill into law on September 25, 2023, to reinforce state laws requiring ethnic studies and LGBTQ+ history curriculum. The law prohibits school boards from banning “an appropriately adopted textbook, instructional material, or curriculum on the basis that it contains inclusive and diverse perspectives,” according to the bill. School districts found in violation of the law face fiscal penalties.[78]
- California governor announces new textbooks after district votes against updated curriculum (2023): Governor Gavin Newsom (D) announced on July 19, 2023, that the state would enter into a contract to deliver textbooks and instructional materials to students in the Temecula Valley Unified School District for the 2023-2024 school year to comply with state law. The announcement followed a 3-2 school board vote on July 18, 2023, to reject an updated social studies curriculum. The proposed curriculum sparked debate over including Harvey Milk, the first openly gay man elected to office in California, in the social studies instructional materials. Newsom said in a statement that the state would fine the district $1.5 million “for its decision to willfully violate the law, subvert the will of parents, and force children to use an out-of-print textbook from 17 years ago.”[79][80] In response to the fine, the school board called an emergency meeting on July 21, 2023, and voted to adopt the proposed curriculum and textbooks.[81]
- Three members of the Temecula Valley Unified School District face recall effort after voting to reject social studies curriculum (2023): Three board members face a recall effort after they voted against adopting a textbook for elementary school students. The board members facing the recall effort are Joseph Komrosky, Jennifer Wiersma, and Danny Gonzalez of the Temecula Valley Unified School District Board of Education. One Temecula Valley Political Action Committee, which said it was formed “in response to a very real and dangerous threat to local governance posed by political and religious extremist views,” led the recall effort. The One Temecula Valley Political Action Committee served the three members with a notice of intention to recall them on June 13, 2023.[82][83]
- Temecula Valley school board prohibits the teaching of critical race theory (2022): California's Temecula Valley School Board voted 3-2 on December 14, 2022, to prohibit the teaching of critical race theory in K-12 curriculum. The resolution banned topics such as teaching that “an individual, by virtue of his or her race or sex, is inherently racist and/or sexist, whether consciously or unconsciously” and that “an individual should feel discomfort, guilt, anguish or any other form of psychological distress on account of his or her race or sex," according to the text.[84][85]
- Placentia-Yorba Linda School District votes to bar critical race theory from classrooms (2022): The trustees of California's Placentia-Yorba Linda Unified School District on April 15, 2022, voted 3-2 to pass a resolution prohibiting the teaching of critical race theory in schools. The resolution stated that the school district “supports efforts in education to promote equity, respect, diversity; celebrate the contributions of all; and encourage culturally relevant and inclusive teaching practices, but will not allow the use of Critical Race Theory as a framework to guide such efforts.”[86][87]
- Parents sue Temecula Valley Unified School District over prohibition on critical race theory instruction (2023): A group of parents, students, and teachers filed a lawsuit on August 2, 2023, in the Superior Court of Riverside County, California challenging the Temecula Valley Unified School District's policy prohibiting critical race theory instruction. The school board enacted Resolution 21 in December 2022, which banned educators from teaching what the board referred to as critical race theory and related doctrines, according to the resolution. The plaintiffs argued that the resolution was unconstitutional and that the district's actions "censor Temecula educators and infringe on Temecula schoolchildren's fundamental right to an education," according to the lawsuit. Riverside Superior Court Judge Eric Keen ruled on February 23, 2024, not to block the Temecula resolution while the lawsuit moved forward.[88][89][90]
See also
- Local school board authority across the 50 states
- K-12 curriculum authority, requirements, and statutes in the states
- State policies on cellphone use in K-12 public schools
- Rules governing school board election dates and timing
- Charter schools
- School choice
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Footnotes
- ↑ Law.Justia.com, "CA Educ Code § 35010 (2023)," November 18, 2024
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 3.0 3.1 Law.Justia.com, "Article 4 - Powers and Duties," November 18, 2024
- ↑ Law.Justia.com, "California Education Code Title 2, Division 3, Part 21, Chapter 2, Article 4.7," November 19, 2024
- ↑ Law.Justia.com, "California Education Code, Title 2, Division 4, Part 28, Chapter 2," November 19, 2024
- ↑ East Bay Times, "California schools will be required to integrate AI into curriculum," October 4, 2024
- ↑ California Legislative Information, "AB-446 Pupil instruction: handwriting. (2023-2024)," accessed January 26, 2024
- ↑ Legiscan, "CA AB1821," October 4, 2024
- ↑ Law.Justia.com, "CA Educ Code § 51934," November 19, 2024
- ↑ Law.Justia.com, "CA Educ Code § 51202," November 19, 2024
- ↑ Law.Justia.com, "CA Educ Code § 51210 (2023)," November 19, 2024
- ↑ 12.0 12.1 Law.Justia.com, "CA Educ Code § 51282," November 19, 2024
- ↑ Law.Justia.com, "CA Educ Code § 51220.5," November 19, 2024
- ↑ Law.Justia.com, "CA Educ Code § 51260 (2023)," November 19, 2024
- ↑ Law.Justia.com, "CA Educ Code § 51204.5 (2023)," November 19, 2024
- ↑ Law.Justia.com, "CA Educ Code § 51925," November 19, 2024
- ↑ Law.Justia.com, "CA Educ Code § 51210.4," November 19, 2024
- ↑ 18.0 18.1 Law.Justia.com, "California Educ Code Title 2, Division 4, Part 28, Chapter 4 - Prohibited Instruction," November 19, 2024
- ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
- ↑ Law.Justia.com, "CA Educ Code § 51501 (2023)," November 19, 2024
- ↑ Law.Justia.com, "CA Educ Code § 51510 (2023)," November 19, 2024
- ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
- ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
- ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
- ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
- ↑ Law.Justia.com, "CA Educ Code § 51101," November 19, 2024
- ↑ Law.Justia.com, "California Education Code TItle 2, Division 4, Part 27, Chapter 6, Article 4 - Notification of Parent or Guardian," November 19, 2024
- ↑ [records.https://legiscan.com/CA/text/AB1955/id/3014589 Legiscan, "California Assembly Bill 1955," August 29, 2024]
- ↑ California Department of Education, "State Superintendent Thurmond Celebrates Signing of AB 1955: The SAFETY Act, Ensuring Safe and Supportive Learning Environments for LGBTQ+ Students," August 23, 2024
- ↑ California Family Council, "School Boards Fight Back: Parental Rights and AB 1955," November 19, 2024
- ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." accessed July 7, 2025
- ↑ Law.Justia.com, "CA Educ Code § 35181 (2023)," November 19, 2024
- ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
- ↑ California Legislature, "Open Enrollment Act," November 19, 2024
- ↑ Law.Justia.com, "CA Educ Code § 48301," November 19, 2024
- ↑ Law.Justia.com, "California Educ Code § 46600," November 19, 2024
- ↑ California Legislature, "Open Enrollment Act," November 19, 2024
- ↑ Law.Justia.com, "CA Educ Code § 48301," November 19, 2024
- ↑ Law.Justia.com, "California Educ Code § 46600," November 19, 2024
- ↑ Law.justia.com, "CA Educ Code § 47605 (2023)," November 19, 2024
- ↑ California Legislature, "Assembly Bill No. 3216," November 19, 2024
- ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
- ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
- ↑ California Public Employment Relations Board, "Laws," November 19, 2024
- ↑ Los Angeles Unified School District - Labor Relations, "2022 - 2025 Agreement Los Angeles Unified School District and United Teachers Los Angeles," November 19, 2024
- ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
- ↑ California Legislature, "SB-98 Elementary, secondary, and postsecondary education: immigration enforcement: notification." accessed September 24, 2025
- ↑ California Legislature, "AB-49 Schoolsites: immigration enforcement." accessed September 24, 2025
- ↑ The New York Times, "Trump Challenges California on Transgender Parental Notification," accessed April 9, 2025
- ↑ CBS8, "Federal judge rules on parental notification for gender identity books in Encinitas Union schools," accessed July 16, 2025
- ↑ First Liberty Institute, "Case No. 24CV1611 BEN SBC," October 21, 2024
- ↑ East Bay Times, "California schools will be required to integrate AI into curriculum," October 4, 2024
- ↑ Legiscan, "CA AB1821," October 4, 2024
- ↑ First Liberty Institute, "Case No. 24CV1611 BEN SBC," October 21, 2024
- ↑ Plural Policy, "California’s SAFETY Act: What the New Law Means for Parents, Students, and Teachers," August 21, 2024
- ↑ ABC10 News San Diego, "Lakeside Union School District implements new Parents Bill of Rights," August 21, 2024
- ↑ [records.https://legiscan.com/CA/text/AB1955/id/3014589 Legiscan, "California Assembly Bill 1955," August 29, 2024]
- ↑ California Department of Education, "State Superintendent Thurmond Celebrates Signing of AB 1955: The SAFETY Act, Ensuring Safe and Supportive Learning Environments for LGBTQ+ Students," August 23, 2024
- ↑ Fox5SanDiego, "California to add fentanyl education to high school health classes," August 9, 2024
- ↑ PR Newswire, “Governor Newsom Signs Personal Finance Education Bill, California Becomes 26th State to Guarantee Personal Finance Education for High School Students,” July 12, 2024
- ↑ Legiscan, “California Assembly Bill 2927,” July 12,2024
- ↑ The Signal, Santa Clarita Valley, “Wilk’s sex ed transparency bill passes Senate Education Committee,” May 14, 2024
- ↑ Legiscan.com, “California Senate Bill 996,” May 14, 2024
- ↑ The Deborah Project, "Petition for Writ of Mandate," August 1, 2024
- ↑ The Deborah Project, "Our Active Cases," August 1, 2024
- ↑ Berkleyside, "Parent sues Berkeley Unified over access to Israel-Palestine curriculum," August 1, 2024
- ↑ KGET 17, "What is the new Kern High School District ethnic studies program, and why is it controversial?" April 3, 2024
- ↑ The 74 Million, "LAUSD Rolls Out Science of Reading and Training As California Lawmakers Reject Curriculum Mandate," May 13, 2024
- ↑ ‘’California Legislative Information,’’ “AB-2222 Science of Reading: accreditation: professional development: instructional materials.” May 2, 2024
- ↑ ‘’EdSource,’’ “Bill to mandate ‘science of reading’ in California schools faces teachers union opposition,” May 2, 2024
- ↑ ‘’California Teachers Association,’’ “Letter of Opposition to AB 2222,” May 2, 2024
- ↑ LegiScan, "California Senate Bill 996," January 31, 2024
- ↑ The Daily Signal, "California Bill Would Require Schools to Notify Parents If a Child Wants to Change Gender Identity," accessed April 14, 2023
- ↑ CBS News, "California writes cursive back into elementary school curriculum," January 22, 2024
- ↑ California Legislative Information, "AB-446 Pupil instruction: handwriting. (2023-2024)," accessed January 26, 2024
- ↑ Rob Bonta Attorney General, "Attorney General Bonta Joins Multistate Coalition in Effort to Support Curriculum Inclusivity for Transgender Students," October 31, 2023
- ↑ K-12 Dive, "California joins small, growing number of states requiring K-12 media literacy," November 15, 2023
- ↑ Los Angeles Times, "Newsom bars school book bans: LGBTQ+ textbook bill signed into law amid growing culture wars," September 25, 2023
- ↑ Los Angeles Times, "Temecula school board outrage over LGBTQ+ lessons motivates Newsome to rush new textbook law," July 19, 2023
- ↑ Office of Governor Gavin Newsom, "Governor Newsom Announces Contract to Secure Textbooks for Students in Temecula," July 19, 2023
- ↑ Insider, "A California school board that rejected an LGBTQ+ figure in social studies curriculum changed its mind after a $1.5 million threat," July 23, 2023
- ↑ One Temecula Valley Political Action Committee, "Recall," accessed August 10, 2023
- ↑ Patch, "Recall of 3 Temecula Valley USD Trustees Gains Local, National Support," August 5, 2023
- ↑ The Press-Enterprise, "New Temecula school trustee proposes critical race theory ban," December 12, 2022
- ↑ The Mercury News, "Critical race theory banned by Southern California school board," December 14, 2022
- ↑ Los Angeles Times, "Board votes to ban critical race theory in Placentia-Yorba Linda school district," April 6, 2022
- ↑ Voice of OC, "Placentia-Yorba Linda School District Trustees to Ban Critical Race Theory; Criticism Soars," March 22, 2022
- ↑ CNN, "California school district at center of earlier controversy is sued over critical race theory ban," August 3, 2023
- ↑ Public Counsel, "Mae M. v. Komrosky," accessed August 4, 2023
- ↑ NBC Los Angeles, "Temecula school district can continue to ban critical race theory for now, judge rules," accessed February 25, 2024
