Fair, Accurate, Inclusive, and Respectful Education (FAIR) Act

The Fair, Accurate, Inclusive, and Respectful Education Act (SB 48), written by Senator Mark Leno, went into effect January 1, 2012. The FAIR Act amends the Education Code to ensure that the contributions and roles of underrepresented racial, ethnic, and cultural populations are included in Grades 1-12 United States and California History lessons, classes, and curricular materials.

FAIR is in alignment with the California History/ Social Science Standards. It is up to teachers, schools, and districts to determine how FAIR content, instruction, and materials are incorporated into each grade level/ class. The California History/ Social Science Framework provides specific grade-level examples of FAIR content.

The Fair Education Act amends the following California Education Code:

1. Regarding Grades 1-12 History/ Social Science standards: The Fair Education Act amends the following California Education Code:

• § 51204.5. Instruction in social sciences shall include the early history of California and a study of the role and contributions of both men and women, Native Americans, African Americans, Mexican Americans, Asian Americans, Pacific Islanders, European Americans, lesbian, gay, bisexual, and transgender Americans, persons with disabilities, and members of other ethnic and cultural groups, to the economic, political, and social development of California and the United States of America, with particular emphasis on portraying the role of these groups in contemporary society.

1. Regarding teacher instruction:

• § 51500. A teacher shall not give instruction and a school district shall not sponsor any activity that promotes a discriminatory bias on the basis of race or ethnicity, gender, religion, disability, nationality, or sexual orientation, or because of a characteristic listed in Section 220.

1. Regarding teaching materials:

• § 51501. The state board and any governing board shall not adopt any textbooks or other instructional materials for use in the public schools that contain any matter reflecting adversely upon persons on the basis of race or ethnicity, gender, religion, disability, nationality, or sexual orientation, or because of a characteristic listed in Section 220.

1. Regarding textbook adoption:

• § 60040. When adopting instructional materials for use in the schools, governing boards shall include only instructional materials which, in their determination, accurately portray the cultural and racial diversity of our society, including:

(a) The contributions of both men and women in all types of roles, including professional, vocational, and executive roles.

(b) The role and contributions of Native Americans, African Americans, Mexican Americans, Asian Americans, Pacific Islanders, European Americans, lesbian, gay, bisexual, and transgender Americans, persons with disabilities, and members of other ethnic and cultural groups to the total development of California and the United States.

© The role and contributions of the entrepreneur and labor in the total development of California and the United States.

• § 60044. A governing board shall not adopt any instructional materials for use in the schools that, in its determination, contain:

(a) Any matter reflecting adversely upon persons on the basis of race or ethnicity, gender, religion, disability, nationality, or sexual orientation, occupation, or because of a characteristic listed in Section 220.

(b) Any sectarian or denominational doctrine or propaganda contrary to law.

More information can be found at the California Department of Education.