California Education Code 202 – The Legislature finds and declares all of the …
The Legislature finds and declares all of the following:
(a) California reaffirms that its laws and public policy support accurate and inclusive education in all of California’s schools, including in all school districts, county offices of education, and charter schools.
Terms Used In California Education Code 202
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(b) The California Constitution protects pupils’ rights to share ideas and beliefs, including the right to receive information and knowledge, and guarantees pupils equal protection under the law.
(c) Education is a fundamental right under the California Constitution. State statutes further place upon local educational agencies the affirmative obligation to combat bias against pupils within their schools. Under California law, California schools must create an equitable learning environment where all pupils, including lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils and Black, Indigenous, and other pupils of color feel welcome, including through honest discussions of racism, the history of slavery in our society and in California, and the diversity of gender and sexual orientation that reflects the lived reality of those pupils.
(d) Accurate and inclusive education is essential to ensure the educational success of all pupils, including LGBTQ pupils and Black, Indigenous, and other pupils of color.
(e) Restricting access to classroom and library materials because they feature LGBTQ people or were written by LGBTQ authors discriminates against LGBTQ people and constitutes censorship in violation of California law and policy. Similarly, efforts to categorically exclude topics related to race, ethnicity, gender, sexual orientation, or other protected characteristics, or of present or historical discrimination based on protected characteristics, from school library collections, curricula, or classroom discussions constitute censorship that violates California law and policy.
(f) The Superintendent and other state officials and agencies have the authority to enforce federal and state laws that protect pupils from unlawful discrimination and harassment and that require local educational agencies to create an equitable learning environment for all pupils, regardless of race, ethnicity, gender, sexual orientation, or other protected characteristics. This authority includes the power to ensure that local educational agencies comply with laws supporting pupils’ right to receive accurate and inclusive education in California’s schools.
(Added by Stats. 2023, Ch. 229, Sec. 1. (AB 1078) Effective September 25, 2023.)