Inclusive Lessons & Resources

FAIR Education Act (Fair, Accurate, Inclusive & Respectful) - 2011, updated 2023

California Education Code (Section 51204.5) states that teachers must include the contributions of various groups in the history of California and the United States. This section already included men and women and numerous ethnic groups; since 2011, the law now includes (additions bolded): “...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.” Furthermore, the California legislature approved updates (AB 1078) to the FAIR Act on September 25, 2023, stating that social studies instruction must include "the role and contributions of, among others, people of all genders, Latino Americans, LGBTQ+ Americans, and members of other ethnic, cultural, religious, and socioeconomic status groups." For more information, please see The FAIR Act Frequently Asked Questions.

Can families/students opt out of lessons with diverse history or identity characteristics (Example: race, religion, LGBTQ)?

No. The FAIR Act lists the diverse groups of people whose history and identities must be included in our curriculum. Furthermore, when we have students in our classrooms who are from other cultural and ethnic groups that are not listed in the FAIR Act, we aim to represent their identities in our curriculum; for example, include their identity in our history lessons, poetry, literature or learn about their culture.

Clarification about lessons that are inclusive of LGBTQ identities and history: The California Healthy Youth Act (CHYA) “opt-out” provision only applies to comprehensive sexuality education and puberty education lessons. The CHYA opt out language does not apply to instruction, materials, presentations, or programming that discuss gender, gender identity, gender expression, sexual orientation, discrimination, harassment, bullying, intimidation, relationships, family or history, and does not discuss human reproductive organs and their functions.

Can school districts ban books with diverse history or identity characteristics? (Example: race, religion, LGBTQ)?

No. In September of 2023, AB 1078 Instructional materials and curriculum: diversity was passed and reaffirms existing law SB 48 FAIR Act of 2011. The law affirms that instructional materials accurately portray the cultural and racial diversity of our society. The law prohibits censorship or removal of textbooks, instructional materials or curriculum resources in classrooms or school libraries about history or inclusive and diverse perspectives. The law imposes a fine on any district that bans a book, especially in an attempt to discriminate against students of color or LGBTQ students.

Is there an exact date or schedule when inclusive lessons will be taught?

No. Some schools may celebrate national heritage or history months for a particular identity or cultural group, and inclusive lessons and activities may happen at that time. However, we do not limit our inclusive lessons to specific days, weeks or months. Our goal is to integrate inclusive lessons into our teaching all year long. To preview sample inclusive lessons, please scroll down to the bottom of this webpage.

California Healthy Youth Act - 2016

The California Healthy Youth Act (CHYA) requires school districts to provide students with an integrated, accurate, LGBTQ-inclusive, Comprehensive Sexuality Education (CSE) lesson series that includes HIV prevention at least once in middle school and once in high school. School districts may offer puberty education in elementary school. Teachers or contracted outside providers must receive appropriate curriculum training before teaching the lessons. For more information, please visit the California Department of Education page: California Healthy Youth Act - Frequently Asked Questions.

What lessons are taught in Hayward Unified School District?

In Hayward Unified, we teach age-appropriate sexuality education and puberty education lessons that align with the California Healthy Youth Act and the California Health Education Content Standards.

HUSD High Schools - All high school students must complete a semester-long health class as a graduation requirement. The Comprehensive Sexuality Education lesson series is taught in the health class.

HUSD Middle Schools - All middle school students take 7th grade Science and 8th grade Science. The Comprehensive Sexuality Education lesson series is taught in both 7th and 8th grades. Part 1 is taught in 7th grade Science and Part 2 is taught in 8th grade Science.

HUSD Elementary Schools - Each elementary school makes the decision whether or not to offer an age-appropriate Puberty Education lesson series at their school. If the school chooses to offer puberty education, they will then decide if it the lessons will happen in 5th or 6th grade.

Will parents and guardians be notified?

Yes. The California Healthy Youth Act explains that parents must be notified at least 14 days in advance of the date that the lesson series will be taught. A notification letter will be sent that informs parents and families of the specific date the lessons will begin and that parents may request to preview the lessons. The notification letter is not a permission slip. If parents or guardians do not want their student to receive these lessons, they may request in writing that alternate lessons in a different learning space be provided to their student for that class hour while the rest of the class receives sexuality education or puberty education.

Can parents/guardians opt out of sexuality education or puberty education lessons?

Yes. The California Healthy Youth Act explains that parents / guardians may opt out of the comprehensive sexuality education or puberty education lesson series.

However, they may not opt out of health class or science classes, as these are required classes for students to take.

Also, they may not opt out of anti-bias, anti-bullying or any other lessons that discuss positive images, stories and definitions of LGBTQ+ identities, characters and history that do not discuss reproductive parts and their functions.

California Laws about Safe School Environments

Many California laws protect all students' inalienable right to attend classes on school campuses that are both physically and emotionally safe, secure and peaceful. The California Education Code requires school districts to have a policy and procedure for reporting and investigating all forms of bullying harassment, discrimination and intimidation. In addition, schools must proactively work to prevent bullying through safe school programs and inclusive curriculum.

What laws protect our youth from bullying and harassment?
More Information

What laws protect our youth from bullying and harassment?

AB 5 Safe and Supportive Schools Act (2023)	Expands upon existing law AB 493 Teachers: LGBTQ+ Pupil Resources and Training of 2019 encouraging districts to provide training to teachers in grades 7-12. New law requires schools serving grades 7-12 in CA to provide at minimum one hour of staff training to support LGBTQ+ pupils by 2025-2026 using the CDE online training delivery platform or inservice alternative.
AB 1078 Instructional materials and curriculum: diversity (2023)	Reaffirms existing law SB 48 FAIR Act of 2011. Furthermore affirms that instructional materials accurately portray the cultural and racial diversity of our society. The law prohibits censorship or removal of books, instructional materials or curriculum resources and imposes a fine on any district that bans a book, especially in an attempt to discriminate against students of color or LGBTQ students.
SB 760 Safe School Restrooms (2023)	The legislation expands a decade-old law (AB1266) that requires K-12 schools to allow students to use the bathroom that aligns with their gender identity. The bill explicitly requires schools to provide at least one gender-neutral bathroom to be made available to any student on campus that is unlocked and accessible at all times. Schools that modernize must comply by 2026.
AB 493 Teachers: LGBTQ+ Pupil Resources and Training (2019)	Requires the state department of education to develop resources for supporting LGBTQ students. Encourages each school to train all certificated employees in grades 7-12 at least once every two years on strategies to increase support for LGBTQ pupils and thereby improve overall school climate.
AB 2246 Suicide Prevention Policies in Schools (2016)	Suicide Prevention policies and training need to specifically address the needs of LGBTQ youth
AB 1266, School Success and Opportunity Act (2013)	Clarified existing state law (CA Ed Code 221.5) to ensure that students can access sex-segregated school programs and activities, including athletic teams and competitions, and use sex-segregated facilities consistent with their gender identity, irrespective of the gender listed on the pupil’s records. Includes but not limited to: bathrooms, locker rooms, sports teams, and classes. AB 1266 FAQ
AB 9, Seth’s Law (2011)	Strengthened existing state anti-bullying laws to help protect all California public school students. Seth’s Law requires schools in California to update their anti-bullying policies and programs, and it focuses on protecting students who are bullied based on their actual or perceived sexual orientation and gender identity/gender expression, as well as race, ethnicity, nationality, gender, disability, and religion. Requires school districts to: Adopt a strong anti-bullying policy that specifically spells out prohibited bases for bullying, including sexual orientation and gender identity/gender expression; Adopt a specific process for receiving and investigating complaints of bullying, including a requirement that school personnel intervene if they witness bullying; Publicize the anti-bullying policy and complaint process, including posting the policy in all schools and offices; Post on the district website materials to support victims of bullying. Seth’s Law specifically contains the following requirement: “if school personnel witness an act of discrimination, harassment, intimidation, or bullying, he or she shall take immediate steps to intervene when safe to do so.” (Education Code Section 234.1(b)(1)) AB 9 Seth’s Law Fact Sheet
SB 777 The Student Civil Rights Act (2007)	Protects students from harassment and bullying in public schools by making sure teachers and school administrators fully understand their responsibilities to protect youth
AB 394, Safe Place to Learn Act (2007)	Requires the California Department of Education to regularly monitor districts’ complaint process and procedures and whether or not school districts have adopted, posted and publicized district anti-discrimination policies that include the same protected categories as the Education Code, including sexual orientation and gender identity. It also requires CDE to make available to school districts information about curricula, training and other resources schools can use to prevent harassment and discrimination.
AB 537 California Student Safety and Violence Prevention Act (2000)	AB 537, the California Student Safety and Violence Prevention Act of 2000, changed California’s Education Coe by adding actual or perceived sexual orientation and gender identity to the existing nondiscrimination policy. State law says that “ ‘gender’ means sex, and includes a person’s gender identity and gender related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.” The nondiscrimination policy also prohibits harassment and discrimination on the basis of sex, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability. AB 537 protects students and school employees against discrimination and harassment at all California public schools and any school receiving state funding except religious schools. The law requires schools/districts to develop policies and procedures for reporting harassment and discrimination. AB 537 Fact Sheet

More Information

Educator Lessons & Resources

FAIR Act Sample Lessons (TK-12)

Solidarity Week Resources (TK-12)

National Solidarity Week is November 4-8, 2024! School sites may participate during the national celebration week or schools are encouraged to plan their Solidarity Week at a time that works well with their calendar.

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