BOARD POLICY

Placentia-Yorba Linda Unified School District

 

                     

Community Relations                                                                                    1312.2 - BP

 

COMPLAINTS CONCERNING INSTRUCTIONAL MATERIALS

 

The Board of Education has provided policy and administrative regulations to ensure that careful and thorough processes precede the adoption and/or acquisition of instructional materials. In implementing such policies and in providing such materials, the Board of Education is aware of its responsibilities in relationship to First Amendment constitutional issues, the adopted curriculum, and the morals, values and needs of a diverse district constituency. Diversity of opinion is inherent in a free society. In spite of this diversity, the Board of Education and its staff must reach and implement consensus of judgment in order to provide for the educational needs of students.

 

It is the policy of the Board of Education that persons having complaints about approved instructional materials or materials recommended for approval seek resolution through informal procedures with the administrator responsible for the program which is using the material. In the event that the complaint cannot be resolved through the informal process, the complainant will be advised of the formal complaint procedure. The complainant will be provided with a copy of this policy, the supporting administrative regulations, and any necessary form(s).

 

Formal complaints regarding instructional materials must be submitted in writing. A review and disposition will be made in accordance with the administrative regulations which implement this policy.

 

However, a complaint related to the use or prohibited use of any existing textbook, instructional material, supplemental instructional material, or other curriculum for classroom instruction, or any book or other resource in a school library that alleges unlawful discrimination based on a violation of Education Code 243 shall be filed, investigated, and resolved in accordance with Board Policy 1312.3 - Uniform Complaint Procedures.

When deliberating upon challenged materials, the Superintendent, or any designee or committee established by the Superintendent to review the materials, shall consider the degree to which the materials aligned with the criteria for instructional materials as specified in law, Board policy, and administrative regulation. In addition, such deliberations may consider the educational philosophy and vision of the district; the educational suitability of the materials including the manner in which the materials support the curriculum and appropriateness for the student's age; the professional opinions of teachers of the subject and of other competent authorities and/or experts; reviews of the materials by reputable bodies; the stated objectives in using the materials; community standards; the allegations in  the complaint, including the extent to which the objections are based on the dislike of ideas contained in the materials; and the impact that keeping or removing the materials would have on student wellbeing.

The Superintendent, or any designee or committee established by the Superintendent to review the materials, shall not prohibit the continued use of an appropriately adopted textbook, instructional material, supplemental instructional material, or other curriculum for classroom instruction, or any book or other resource in a school library on the basis that it contains inclusive and/or diverse perspectives, as specified in Education Code 243.

 

If the complainant finds the Superintendent's or review committee's decision unsatisfactory, the complainant may appeal the decision to the Board.

Any challenged instructional material that is reviewed by the district shall not be subject to further reconsideration for 12 months, unless required by law.

Complaints related to the sufficiency of textbooks or instructional materials shall be resolved as specified in Administrative Regulation 1312.4 - Williams Uniform Complaint Procedures. 

 

LEGAL REFERENCE:                                     

Education Amendments of 1978, P.L. 95-561 Title I Amendments of the Elementary and Secondary

Act of 1965 Sub-part 3, Program Requirements and Applications Section 128, Complaint Resolution

 

5 CCR 4600-4670

Uniform complaint procedures

Education Code

1240

County superintendent of schools; duties

 

18111

Exclusion of books by Governing board that are sectarian, partisan, or denominational character

 

220

Prohibition of discrimination

 

242

Access to information about educational laws and policies regarding right to accurate and inclusive curriculum

 

243

Unlawful discrimination related to the use or prohibited use of textbooks and instructional materials

 

35010

Control of district; prescription and enforcement of rules

 

35160

Powers and duties of school boards

 

35186

Williams uniform complaint procedures

 

44805

Teacher enforcement of course of studies; use of textbooks, rules and regulations

 

48907

Exercise of free expression; time, place and manner rules and regulations

 

48950

Speech and other communication

 

51204.5

Social sciences instruction; contributions of specified groups

 

51501

Nondiscriminatory subject matter

 

51511

Religious matters properly included in courses of study

 

51933

Sexual health education and HIV prevention materials

 

60000-60005

Instructional materials; legislative intent

 

60040-60052

Requirements for instructional materials

 

60119

Public hearing on sufficiency of textbooks and instructional materials

 

60200-60213

Elementary school materials

 

60226

Requirements for publishers and manufacturers

 

60400-60411

High school textbooks and instructional materials

 

 

60510-60511

Donation or sale of obsolete instructional materials

Policy adopted:

11/3/72

 

Policy revised:  

5/23/83

 

Policy revised:  

11/14/95

 

Policy revised:

1/16/2024