History Curriculum and the FAIR Act

Question: Do I have the right to opt my student out of course content I personally believe should fall under the umbrella of sexual education?

Answer:  Education Code sections 51937 and 51938, subdivision (a)(4), permits a parent to opt their child out of comprehensive sexual health education and HIV/AIDS prevention education. However, this opt-out does not apply to instruction, materials, presentations, or programming that discusses gender, gender identity, gender expression, sexual orientation, discrimination, harassment bullying, and intimidation (Ed. Code, § 51932.). A discussion about gender and gender identity is not considered sexual education unless human reproductive organs & their functions are part of the discussion.  

In other words, under the updated guidelines, students will learn age-appropriate facts about what really happened in history, but lessons will not include the intimate details of historical figures' lives. Lessons about morality or sex are not part of the guidelines and are left entirely up to parents/guardians to discuss with their students at home. 

Question:  What happens if my student refuses does not attend class during specific curriculum discussions?

Answer:  Unless your student’s absence is considered excusable under Education Code section 48205, his/her absence will be marked unexcused in accordance with state regulations.

Question:  Can’t the District adopt curriculum which references influential people in history like Sally Ride or Harvey Milk, but without using gender or lifestyle preferences?

Answer: The purpose of the FAIR Act is to include the contributions of all Americans in social sciences instruction as well as to stop the spread of negative stereotypes of individual or groups in school activities. For more information please See SB 48 Legislative History. The District does have the final say on what content is taught to students, what materials used to teach content, and what appropriate grade level content is taught in. 

The Fair Education Act amends the California Education Code for Elementary and Secondary School’s chapters on Required Courses of Study and Instructional Materials: 
 

§ 51204.5. Instruction in social sciences shall include the early history of California and a study of the role and contributions of both men and women, Native Americans, African Americans, Mexican Americans, Asian Americans, Pacific Islanders, European Americans, lesbian, gay, bisexual, and transgender Americans, persons with disabilities, and members of other ethnic and cultural groups, to the economic, political, and social development of California and the United States of America, with particular emphasis on portraying the role of these groups in contemporary society.

§ 51500. A teacher shall not give instruction and a school district shall not sponsor any activity that promotes a discriminatory bias on the basis of race or ethnicity, gender, religion, disability, nationality, or sexual orientation, or because of a characteristic listed in Section 220.

§ 51501. The state board and any governing board shall not adopt any textbooks or other 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 Section 220.

§ 60040. When adopting instructional materials for use in the schools, governing boards shall include only instructional materials which, in their determination, accurately portray the cultural and racial diversity of our society, including: (a) The contributions of both men and women in all types of roles, including professional, vocational, and executive roles.

(b) The role and contributions of Native Americans, African Americans, Mexican Americans, Asian Americans, Pacific Islanders, European Americans, lesbian, gay, bisexual, and transgender Americans, persons with disabilities, and members of other ethnic and cultural 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.

§ 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.

If you'd like to view Dry Creek's History Social-Science instructional materials in person, you may do so by making an appointment at your school site during normal business. 

For more information:

• California Department of Education’s Frequently Asked Questions page for SB 48, The FAIR Education Act
• California Department of Education's History-Social Science Framework
• View California State Grade Level Standards
• View Dry Creek's Grade Level Curriculum and Instructional Materials