Legal Protections: Frequently Asked Questions

• Is there balanced treatment for controversial issues?

  • Make sure the classroom materials demonstrate viewpoint diversity, aka presenting multiple opinions citing reputable sources representing different viewpoints.

  • Biased materials that only cover one viewpoint of controversial issues or are historically false are a violation of the law. Controversial topics need to provide context, multiple perspectives, and ask essential questions so that students can critically analyze and develop their perspectives, not the teachers’. 

• Do materials clearly indicate opinions vs factual information? 

  • Educational materials should clearly identify resources that provide opinions. 

  • Students should be encouraged to examine a variety of  sources and analyze different viewpoints.

  • If a student presents opinions regarding a controversial issue, which they should be free to do in any class, the teacher has an affirmative duty to provide alternative viewpoints.

Yes, you can notify your school anonymously of discriminatory content or classroom environment. An organization can file on your family’s behalf, or you can contact your district anonymously. Your student does not need to be in the class for you to file a complaint about discriminatory classroom materials. Further, your student does not need to talk about their personal experiences or the specific harm they feel but is welcome to do so.

AB 715 affirms that classroom materials can be, in and of themselves, discriminatory. Representatives of the targeted group do NOT need to be present in the class nor do they need to show personal harm. "Discriminatory bias…. does not require a showing of direct harm.... Members of a protected group do not need to be present while the discriminatory bias is occurring for the act to be considered discriminatory bias.”

Any individual can file a complaint with the district, and it can be done anonymously.

AB 715 amends Education Code 244 to note “(d) A complaint may be filed by any member of the public, including anyone electing to file anonymously, if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance.”

Slogans, posters, and flags are all forms of speech, and therefore are subject to the same limitations as classroom curriculum. As noted in above, teacher advocacy is not permitted in the classroom.

In a recent prominent case, the CDE explained that political classroom signs, teacher apparel, and teacher “side comments” can all be forms of advocacy and constitute inappropriate,  one-sided discriminatory bias.

“ Teacher identified in the complaint promoted a discriminatory bias in his instruction, when, without any demonstrable efforts to present disparate or opposing views, he:

1. wore political attire and accessories at school, such as wearing a keffiyeh and symbols of Palestine in the classroom as a political statement;

2. made statements about the Israeli-Palestinian conflict to students and in the hearing of students, such as ‘Join the resistance, bro,’ ‘I support Palestinian resistance,’ and ‘Free Palestine’; and

3.  displayed political items in [redacted] classrooms, including a sticker on his personal laptop, a statement written on his white board, multiple Palestinian flags, and a poster stating ‘Until Liberation & Return’.

There are no facts … that indicate that Teacher made any attempt whatsoever to present the perspectives, views or opinions of Jewish students or student supporters of Israel in his politically infused lessons related to the Israeli-Palestinian conflict.

The Teacher’s communications were blatantly polemical, presenting the views of only one side of a highly complex and controversial conflict. Whether intended or not, it was entirely foreseeable that students of Jewish identity, and/or Israeli origin or cultural affiliation would experience distress, as a consequence of the Teacher’s one-sided political advocacy, that could reasonably impact on their education in ways that differed from their peers who did not share the same racial, ethnic or cultural background and beliefs.” [San Francisco Unified School District, 6/5/25, 2025-0059]

Maps that delete or mislabel Israel have also been found discriminatory.

If you are comfortable discussing the issue with your teacher or principal, email them with a request to meet. To prepare, consider what steps you want the district to take to remediate the situation. We are available to help you strategize and prepare for the meeting.  

Document your meeting by sending a summary of any agreed upon next steps via email.  If the issues persist or appropriate steps are not taken, please contact us and we can discuss appropriate actions based on your specific situation. 

As noted in our Know Your Rights document, teachers do not have freedom of speech while at school, in or out of the classroom. The Supreme Court has clarified that when teachers speak on behalf of the school district; school authorities have the responsibility to regulate the classroom speech and academic content.

The Education Code also clarifies that teachers may not promote personal viewpoints in the classroom, nor can they violate a student’s right to a safe, inclusive learning environment.

All these points are clarified in more detail here. Make sure to explain this to your district, and let ACES know if you need further assistance.

If you have explained this to your school administrator and no action has been taken, please contact us. ACES will help you contact your district Superintendent and/or escalate further if needed.

Any individual can file a District Complaint, anonymously if desired, which will begin a district investigation. We are ready to assist you with these next steps.

Teachers have a right to free speech, including discriminatory speech, in their private lives. Typically, the district does not have the ability to regulate a teacher’s social media. 

However, if a teacher asks the class to follow teacher’s social media, it may become classroom speech. For an initial assessment, you can see if students, including former students, follow the teacher or if the teacher posts any classroom content.

If limited records were produced, email your teacher again, cc the principal, and explain that you would like full classroom materials, including classroom slides.

If a week has passed and neither the teacher nor the principal has responded to your request, email the superintendent with your request. The superintendent’s office has 10 days to respond to your request. 

A response may include records or may just confirm receipt of your request and a timeline of when to expect records. If the Superintendent’s office objects to your request or does not respond within 10 days, please contact us for further assistance. 

Please note, the district cannot impose undue burdens, such as requiring you to look at electronic documents in person.

The IHRA (International Holocaust Remembrance Alliance) definition is the most widely adopted definition globally — recognized by the U.S. State Department, the European Parliament, and many state and local governments, including some California agencies. It is referenced in the Biden Antisemitism document, which is noted in AB 715.

The IHRA definition includes the following relevant examples:

• “Denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a State of Israel is a racist endeavor.”

• “Applying double standards by requiring of it a behavior not expected or demanded of any other democratic nation.”