New Law to Protect Pupils from Ethnic Studies
Students need a new state agency and other measures to protect them from Ethnic Studies . . . say same legislators who foisted this curriculum on them in the first place.
As a prosecutor, I’ve been trained to avoid getting too focused on pending legislation until September/October, which seems to be about when most bills get signed into law. We have had a good ten-plus years of adverse legislation, and I’ve chosen simply not to worry about pending bills until they become law.
However, Assembly Bill 715 (AB 715), a pending bill aiming to protect students from Ethnic Studies-related discrimination and indoctrination, deserves our attention now. Simply put, the fact that this bill is necessary is an exercise of the absurd. Plus, it is worth examining the bill’s opposition from two of the biggest teacher’s unions in the nation, the California Teacher’s Association (CTA) and National Education Association (NEA). Why would teacher’s unions be on the other side of a bill like this?
Ultimately, this bill’s very existence means critics of Ethnic Studies have a point—it can be and often is divisive and loaded with bias. However, the legislature’s solution isn’t to eliminate this biased, far-left, unfunded mandate with its $276 million yearly pricetag. Instead, these legislators want more legislation, costing in the “low millions of dollars” or more, to police the teaching of Ethnic Studies!
To be clear, if we can’t eliminate Ethnic Studies, I support any legislation designed to curb its harmful effects. I just wish the solution wasn’t more bureaucracy.
AB 715: The Particulars
In summary, AB 715 would:
Prohibit creation of an antisemitic learning environment, defined to include antisemitic course instruction or school spaces, use of inaccurate or biased instructional materials regarding the Jewish community, and educators who do not maintain an inclusive environment;
Prohibit schools from adopting or using student instructional materials or educator professional development materials that would subject a pupil to unlawful discrimination, requiring school boards to investigate same;
Establish the Office of the Antisemitism Prevention Coordinator, empowered to facilitate complaints of antisemitism at public schools, develop antidiscrimination and antisemitism training, and consult with the Legislature;
Stipulate that instructional materials are public records and require that parents and guardians have access;
Require schools to adhere to the following instructional requirements:
(a) Instruction shall be presented in a balanced manner without vilifying or ostracizing any pupil or group of pupils, and without promoting any particular opinion or portraying an opinion as a matter of fact.
(b) In the classroom, teachers act on behalf of the local educational agency and are expected to follow the adopted curriculum and standards. Teachers can offer supplemental materials or provide a personal opinion or viewpoint without advocating for or against a position or providing an opinion or viewpoint that does not constitute discrimination, as defined in Section 220.
(c) Pupils shall be assured of their right to form and express an opinion without jeopardizing their grades or being subject to discrimination, retaliation, or discipline, provided the viewpoint does not constitute harassment, threats, intimidation, or bullying, or is not otherwise unlawful.
(d) Adequate factual information shall be provided to help pupils objectively analyze and evaluate the issue and draw their own conclusions.
(e) (1) Any explanation or description of a religious belief or practice shall be presented in a manner that does not encourage or discourage belief or indoctrinate the pupil in any particular religious belief.
(2) Any explanation or presentation of an act committed by a state, government, or other group that is factual and historically accurate shall be given without bias.
Although focused on antisemitism, there is something for everyone in AB 715, in particular the requirement that the instruction be presented in an unbiased manner without vilifying any group. Requiring schools to make the instructional materials available to parents is also a win. Additionally, provisions aimed at allowing students to draw their own conclusions from objective facts rather than opinions would appear to curtail indoctrination. Accordingly, AB 715 appears to remedy some of Ethnic Studies’ worst ills.
That said, it is shocking that we even need such a piece of legislation. How did we get to a place where we need to outlaw “vilifying or ostracizing” pupils or portraying opinions as facts? How was it ever OK for schools to subject students to viewpoint discrimination? We really need a new state agency to … protect students from state “mandated” curriculum?
The fact that we even need this law in the first place proves the point we’ve been making here all along: Ethnic Studies is biased, steeped in far-left politics, divisive, expensive, and unnecessary.
This seems like a no brainer . . . right?
AB 715 has been advanced by the powerful California Legislative Diversity Caucuses. According to the bill’s author, AB 715 “sets the intent of the Legislature to strengthen protections against discrimination, including antisemitism, in K–12 education. AB 715 lays the framework to address increased incidents of antisemitism in K-12 education and foster safe and supportive schools for all students.”
The Jewish Public Affairs Committee explained why AB 715 is necessary:
"While antisemitism in education has been steadily increasing for years, the climate for Jewish students has grown markedly more hostile since October 7. Classrooms have seen a rise in antisemitic, factually inaccurate, and one-sided content–often introduced by educators without proper oversight. Jewish students are facing bullying and isolation from their peers, while schools frequently lack the tools, training, or awareness to recognize and address antisemitism when it arises.
Indeed, the National Education Association recently voted to boycott the Anti-Defamation League. In response, the Anti-Defamation Letter just sent a letter to the NEA advising them of rampant antisemitism nationwide and imploring the NEA to reconsider its boycott! For some reason, the Jewish community is facing increased hostility in education.
Unfortunately, this bill has powerful opponents. As discussed, the CTA and NEA both oppose AB 715. While their positions are not available, the progressive Orange County Equality Coalition (OCEC) saw fit to write in. This anti-parent group cited the “chilling effect” the legislation would have on Ethnic Studies. They claim that making instructional materials publicly available and prohibiting indoctrination would somehow repress free speech and be anti-Critical Race Theory.
The free speech argument is obviously bogus. One of the hallmarks of free speech is openness and transparency, which AB 715 accomplishes by making the curriculum public record. The best ideas win in the marketplace of ideas. The groups opposing AB 715 therefore oppose free speech—they want to promulgate their viewpoint and muzzle dissent.
By opposing AB 715, the nation’s two biggest teacher’s unions have aligned themselves with forces fighting for their right to discriminate, vilify, and indoctrinate captive audiences of K-12 graders in public schools statewide. While it’s wild that we even need this law, it’s wilder still that teacher’s unions are opposing it.
Conclusion
While it would be best if we lived in a world where AB 715 was unnecessary, that is not the case. Even though this is still pending legislation, the fact that we are even considering a bill like AB 715 is a tacit admission from the Legislature on the state of affairs in our schools.
I wonder to what extent the teacher’s unions’ advocacy positions reflect the beliefs of the rank and file. By and large, we have had good experiences with the individual educators at our sons’ schools. It is hard to imagine them agreeing with the positions advanced in opposition to AB 715. Is there a disconnect between union politics and the rank and file?
What do you think of this proposed legislation?
Thank you Phil. Appreciate your staying on top of these very important issues. You inform us and discuss the issues. Please consider another school board election run!
Very insightful, Phil. I think your assessment is correct, that it is a bizarre statement about the State Capitol that they need to create a program to police a bad program, that should be abolished. I will make this political observation — it would be shocking to me if the CTA did not either kill this bill, or completely gut it with amendments. There is literally no stronger interest group in the State Capitol. There is an irony that a union that purports to be about teaching kids, does so much harm towards that end.