Does California state law require Alameda to implement this curriculum?
No. AB 537, the California Student Safety and Violence Prevention Act of 2000, added sexual orientation and gender identity to the protected characteristics in public education. This means that homosexual, bisexual, and transsexual kids have legal protection against harassment.
AB 537 specifically says, however, that “nothing” in this act “requires the inclusion of any curriculum, textbook, presentation, or other material in any program or activity conducted by an educational institution.” Alameda Unified is under no legal obligation to implement these lessons.
Does California state law prohibit Alameda from letting parents opt into or opt out of this curriculum?
Not at all. Alameda has written that “the curriculum, which focuses on inclusion and respect, does not fall within the [state] guidelines for opting out.” By the same token, however, state law says nothing to prevent the district from allowing parent to opt in or out of the curriculum. If Alameda mandates the curriculum for all children, it will be the district’s own choice to force these lessons plans on K-5 children, even though many parents have voiced clear disagreement.
What about families who disagree with the curriculum based on religious beliefs?
California law guarantees equal protection to every child in the educational system -- based on characteristics including sex, race, religion, sexual orientation, and gender identity. Yet this proposed curriculum focuses on two subgroups (sexual orientation and gender identity), to the detriment of another (religion). In the name of stopping intolerance, it would wrongly label students with traditional religious beliefs as intolerant and “unwelcoming” people. That’s harmful to all students, because they will be taught to undermine the rights of certain people.
No. AB 537, the California Student Safety and Violence Prevention Act of 2000, added sexual orientation and gender identity to the protected characteristics in public education. This means that homosexual, bisexual, and transsexual kids have legal protection against harassment.
AB 537 specifically says, however, that “nothing” in this act “requires the inclusion of any curriculum, textbook, presentation, or other material in any program or activity conducted by an educational institution.” Alameda Unified is under no legal obligation to implement these lessons.
Does California state law prohibit Alameda from letting parents opt into or opt out of this curriculum?
Not at all. Alameda has written that “the curriculum, which focuses on inclusion and respect, does not fall within the [state] guidelines for opting out.” By the same token, however, state law says nothing to prevent the district from allowing parent to opt in or out of the curriculum. If Alameda mandates the curriculum for all children, it will be the district’s own choice to force these lessons plans on K-5 children, even though many parents have voiced clear disagreement.
What about families who disagree with the curriculum based on religious beliefs?
California law guarantees equal protection to every child in the educational system -- based on characteristics including sex, race, religion, sexual orientation, and gender identity. Yet this proposed curriculum focuses on two subgroups (sexual orientation and gender identity), to the detriment of another (religion). In the name of stopping intolerance, it would wrongly label students with traditional religious beliefs as intolerant and “unwelcoming” people. That’s harmful to all students, because they will be taught to undermine the rights of certain people.