Accurate and Inclusive Curriculum (AB 1078)

With adoption of California Education Code (EC) sections 60040 through 60045, 60048, and 60200, the California Legislature recognized the essential role of curriculum and instructional materials in California’s public schools in the formation of a child’s attitudes and beliefs.

Instructional materials used in California public schools must comply with EC sections 60040–60045 and 60048 as well as State Board of Education (SBE) guidelines contained in Standards for Evaluating Instructional Materials for Social Content (2013 edition). The California Department of Education (CDE or Department) offers an ongoing review process and identifies compliant materials in an online, searchable database. When selecting supplemental materials or adopting instructional materials not on the SBE adoption list, districts conduct their own social content compliance reviews to ensure that the instructional materials they utilize are legally compliant.

The SBE adopted Guidance for Local Instructional Materials Adoptions in March of 2024, which supports local educational agencies through each stage in the instructional materials adoptions process. The guidance includes links to current legislation, sample timelines, guidance for specific student groups, and implementation considerations.

State law requires that instructional materials accurately portray the cultural and racial diversity of our society, including

• the contributions of people of all genders in all types of roles, including professional, vocational, and executive roles;
  
  
• the role and contributions of Native Americans, African Americans, Latino Americans, Asian Americans, Pacific Islanders, European Americans, Lesbian, Gay, Bisexual, Transgender and Questioning Plus (LGBTQ+) Americans, persons with disabilities, and members of other ethnic, cultural, religious, and socioeconomic status groups to the total development of California and the United States; and
  
  
• the role and contributions of the entrepreneur and labor in the total development of California and the United States.

(EC Section 60040)

State law also prohibits adoption of instructional materials for use in the public schools that contain any matter reflecting adversely upon persons on the basis of race or ethnicity, gender, religion, disability, nationality, or sexual orientation, or because of a characteristic listed in EC Section 220. (EC Section 51501).

The following sections of the EC safeguard a student's right to an accurate and inclusive curriculum.

Right to Accurate Instructional Materials

California Education Code Section 60045

(a) All instructional materials adopted by any governing board for use in the schools shall be, to the satisfaction of the governing board, accurate, objective, and current and suited to the needs and comprehension of pupils at their respective grade levels.

(b) With the exception of literature and tradebooks, all instructional materials adopted by any governing board for use in schools shall use proper grammar and spelling. The state board may adopt regulations that provide for other allowable exceptions to this subdivision for educational purposes, as determined by the state board.

California Education Code Section 60048

(a) Basic instructional materials, and other instructional materials required to be legally and socially compliant pursuant to Sections 60040 to 60047, inclusive, including illustrations, that provide any exposure to a commercial brand name, product, or corporate or company logo in a manner that is inconsistent with guidelines or frameworks adopted by the State Board of Education may not be adopted by a school district governing board.

(b) The governing board of a school district may not adopt basic instructional materials, and other instructional materials required to be legally and socially compliant pursuant to Sections 60040 to 60047, inclusive, including illustrations, that contain a commercial brand name, product, or corporate or company logo unless the governing board makes a specific finding pursuant to the criteria set forth in paragraph (5) of subdivision (c) of Section 60200 that the use of the commercial brand name, product, or corporate or company logo in the instructional materials is appropriate.

(c) Nothing in this section shall be construed to prohibit the publisher of instructional materials to include whatever corporate name or logo on the instructional materials that is necessary to provide basic information about the publisher, to protect its copyright, or to identify third party sources of content.

(d) The state board may adopt regulations that provide for other allowable exceptions to this section, as determined by the state board.

(e) The Superintendent of Public Instruction shall develop, and the State Board of Education shall adopt, guidelines to implement this section.

Right to Inclusive Curriculum

California Education Code Section 60040

When adopting instructional materials for use in the schools, governing boards shall include only instructional materials that, in their determination, accurately portray the cultural and racial diversity of our society, including:

(a) The contributions of people of all genders in all types of roles, including professional, vocational, and executive roles.

(b) The role and contributions of Native Americans, African Americans, Latino Americans, Asian Americans, Pacific Islanders, European Americans, LGBTQ+ Americans, persons with disabilities, and members of other ethnic, cultural, religious, and socioeconomic status groups to the total development of California and the United States.

(c) The role and contributions of the entrepreneur and labor in the total development of California and the United States.

California Education Code Section 60041

When adopting instructional materials for use in the schools, governing boards shall include only instructional materials that accurately portray both of the following, whenever appropriate:

(a) Humanity’s place in ecological systems and the necessity for the protection of our environment.

(b) The effects on the human system of the use of tobacco, alcohol, and narcotics and restricted dangerous drugs, as defined in Section 11032 of the Health and Safety Code, and other dangerous substances.

California Education Code Section 60042

When adopting instructional materials for use in the schools, governing boards shall require such materials as they deem necessary and proper to encourage thrift, fire prevention and the humane treatment of animals and people.

California Education Code Section 60044

A governing board shall not adopt any instructional materials for use in the schools that, in its determination, contain:

(a) Any matter reflecting adversely upon persons on the basis of race or ethnicity, gender, religion, disability, nationality, or sexual orientation, occupation, or because of a characteristic listed in Section 220.

(b) Any sectarian or denominational doctrine or propaganda contrary to law.

California Education Code Section 220

No person shall be subjected to discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, including immigration status, in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance, or enrolls pupils who receive state student financial aid.

California Education Code Section 60046

Any governing board may conduct an investigation of the compliance of any instructional materials which it adopts with the requirements of this article.

Additional Resources

• EC sections 60200–60213 , Selection and Adoption
  
  
• County superintendents can request for CDE to purchase the textbooks or instructional materials, the cost of which must be repaid by the district.
  
  
• SBE Meeting Agendas and Schedule (to locate the meeting including the State Superintendent of Public Instruction’s [SSPI’s] and board’s failure to provide instructional materials).
  
  
• Instructional Materials Sufficiency––Williams Act Resources
  (authorized sufficiency complaints to be filed with the SSPI directly)
  
  
• The SSPI has the authority to buy textbooks for students in a school district, recoup costs, and assess a financial penalty if a school board willfully chooses to not provide sufficient standards-aligned instructional materials for students.

Assembly Bill 1078 (2023) added EC Section 242, which states, “No later than July 1, 2025, the department shall develop guidance and public educational materials, including an internet website and other communications materials, to ensure that all Californians can access information about educational laws and policies that safeguard the right to an accurate and inclusive curriculum.” The information above provided by the CDE is non-binding and does not have the effect of law.

California Department of Education Resources for Managing Conversations

The CDE is committed to helping communities ensure educational environments are safe and inclusive. Engaging in conversations about race and gender, whether with or among students, or in response to curriculum and instructional materials, should be rooted in culturally sustaining pedagogies. When appropriate, sustaining conversations around race and gender can help to create classrooms, schools, and communities where all students feel included, sustained, and strengthened.
The Department offers several resources to guide educational leaders, teachers, students, and families in managing these conversations.

• Asset-Based Pedagogies: Ensuring equity in diverse student populations relies on today’s educators viewing student differences as assets and not deficits. Asset-based pedagogies include, but are not limited to the following:
  
  
  • Culturally Sustaining Pedagogy
  • Culturally and Linguistically Responsive Teaching
  • Culturally Relevant Pedagogy
    
    
• Identifying Equity: Teachers and school leaders can work towards equity by recognizing, respecting, and attending to the diverse strengths and challenges of the students they serve.
  
  
• Creating Equitable Early Learning Environments for Young Boys of Color (PDF): This includes guidance for early educators for building racial equity awareness, including ways to address implicit bias, how to create responsive relationships, and how to improve culturally responsive practice.
  
• Transformative Social Emotional Learning (T-SEL) Competencies: These guidance tools aim to build on and respond to the call from California’s diverse stakeholders to embed equity-focused T-SEL in every learning and teaching context across the education system.
  
  
  • Relationships Skills
    
    
• Ethnic Studies Model Curriculum, Chapter 4: Sample Lessons and Topics (PDF)
  
  
• Best Practices for Planning Curriculum for Young Children: Family Partnerships and Culture
  
  
  • Guiding Principles for Developing Cultural Competence (PDF)
    
    
• English Language Arts/English Language Development Framework
  
  
  • Chapter 9: Access and Equity (PDF)
    
    
• Supporting LBGTQ+ Students and conversations around gender as it relates to LGBTQ+ students, including ways to provide safe learning environments that protect the health and safety of LGBTQ+ students.

Additional Resources for Managing Conversations

The resources linked below are created and maintained by other public and/or private organizations. The CDE provides these links for informational purposes and does not specifically endorse the organizations, or the views expressed.

• Teaching Tolerance: “Let’s Talk!” (PDF)
  
  
• Center for Racial Justice in Education: “Resources for Talking About Race, Racism, and Racialized Violence”
  
  
• Learning for Justice: Educator Resources
  
  
• National Education Association: “Ten Principles for Talking About Race in Schools”
  
  
• Culturally Responsive-Sustaining Education (New York)

• Schools in Transition (PDF)
  

• Gender Inclusive Schools Toolkit (PDF)
  
  
• Gender Inclusive Schools (Washington)
  
  
• National Congress of Parents and Teachers PTA DEI Resource Guide (PDF)

Assembly Bill 1078 (2023) added EC Section 60040.5, which states, “No later than July 1, 2025, the department shall issue guidance related to how to help school districts, county offices of education, charter schools, and school personnel manage conversations about race and gender, and how to review instructional materials to ensure that they represent diverse perspectives and are culturally relevant.” The information above provided by the CDE is non-binding and does not have the effect of law.