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California Code, Education Code - EDC § 60151

Current as of January 01, 2025 | Updated by Findlaw Staff

(a)(1) If the Superintendent determines, pursuant to a complaint filed with the Superintendent directly or an appeal of a local educational agency decision regarding a complaint, that a local educational agency violated subdivision (a) of Section 244, the department shall notify the local educational agency that it must take corrective action.  If corrective action is not taken within 60 days, the department may use any means authorized by law to effect compliance.

(2) The department, pursuant to the notification made to a local educational agency described in paragraph (1), may require specified corrective action be taken by the local educational agency, including, but not limited to, any of the following:

(A) Obtaining technical assistance from the Office of Civil Rights pursuant to Section 33802.

(B) Requiring the local educational agency to engage in regular reporting to the Office of Civil Rights and to use alternative instructional materials.

(C)(i) Require the local educational agency, in consultation with the Office of Civil Rights, to develop and implement an improvement plan to address discrimination and bias at its schoolsites.

(ii) If a violation involves antisemitism, the improvement plan pursuant to clause (i) shall be created in consultation with the Antisemitism Prevention Coordinator established pursuant to Section 33803.1.

(3) Notwithstanding Section 60047, if instructional materials are found to violate subdivision (a) of Section 244, those instructional materials shall immediately and permanently be omitted from the all course materials and shall not be used in any current course offerings or any subsequent course offerings.

(4) Corrective action required pursuant to this subdivision shall be implemented as soon as possible and no later than the beginning of the next school year.

(b) A local educational agency that the Superintendent determines violated subdivision (a) of Section 244 shall be assessed a financial penalty against its total principal apportionment funding for the applicable fiscal year made to the local educational agency pursuant to Sections 41330, 41332, and 41335, as applicable.  The amount withheld shall not exceed the local educational agency's total expenditures on the textbooks, instructional materials, supplemental instructional materials, or curriculum found to violate subdivision (a) of Section 244.  A reduction pursuant to this subdivision shall not reduce the final apportionment below the amount necessary to meet the requirements of both Section 6 of Article IX of the California Constitution, as specified in Section 41975, and Section 36 of Article XIII of the California Constitution.

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Cite this article: FindLaw.com - California Code, Education Code - EDC § 60151 - last updated January 01, 2025 | https://codes.findlaw.com/ca/education-code/edc-sect-60151/

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