§ 243. — 243. (Added by Stats. 2023, Ch. 229, Sec. 4.)

(a)
The governing board of a school district, a county board of education, or the governing body of a charter school shall not refuse to approve the use or prohibit the use of any textbook, instructional material, supplemental instructional material, or other curriculum for classroom instruction or any book or other resource in a school library on the basis that it includes a study of the role and contributions of any individual or group consistent with the requirements of Sections 51204.5 and 60040, unless the study of the role and contributions violates Section 51501 or 60044.
(b)
Any action taken by the governing board of a school district, a county board of education, or the governing body of a charter school that violates subdivision (a)
constitutes unlawful discrimination pursuant to Section 220.
(c)
Notwithstanding any other law, a complaint pursuant to this section may be filed with the applicable school district, county office of education, or charter school under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, or may be filed with the Superintendent directly. In responding to such a complaint, the Superintendent may directly intervene without waiting for an investigation by the school district, county office of education, or charter school. 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.

Legislative History

Added by Stats. 2023, Ch. 229, Sec. 4. (AB 1078) Effective September 25, 2023.