California Assembly Bill 1078, signed by Governor Newsom on September 25, 2023, stops school boards from banning textbooks, library books, or curriculum materials because they include diverse perspectives on race, gender, sexual orientation, disability, or religion. It also requires a two-thirds supermajority before a board can remove any other adopted instructional material, lets anyone file a complaint directly with the State Superintendent of Public Instruction, and allows the state to buy inclusive materials for a noncompliant district and deduct the cost from its funding.
What School Boards Can No Longer Ban
Education Code Section 243, added by AB 1078, bars school districts, county boards of education, and charter schools from refusing to approve or banning any textbook, instructional material, supplemental material, or library book because it includes content about the roles and contributions of groups protected under California education standards.1California Legislative Information. California Code EDC 243 – Instructional Materials The prohibition reaches both classroom curriculum and school library collections.
The exception is narrow. A board can still remove material that violates Education Code Section 51501 or Section 60044, which prohibit content that reflects adversely on people because of race, ethnicity, gender, religion, disability, nationality, or sexual orientation.2California Legislative Information. California Education Code 51501 So a book containing slurs targeting an ethnic group can still be pulled. A book that simply depicts LGBTQ+ families, or that highlights the contributions of a protected group, cannot.
Any board action that violates Section 243 is classified as unlawful discrimination under Education Code Section 220. That classification opens the door to challenges through state administrative complaints and civil rights litigation.1California Legislative Information. California Code EDC 243 – Instructional Materials
The Two-Thirds Vote to Remove Other Materials
Even where the diversity prohibition does not apply, AB 1078 raised the bar for pulling adopted materials. A board cannot remove an appropriately adopted textbook, instructional material, or curriculum unless two-thirds of the board approves the removal.3LegiScan. Bill Text CA AB1078 2023-2024 Regular Session Amended Before the law, a simple majority was enough. A bare-majority faction can no longer push a removal through on its own.
Section 51501(b) adds a flat backstop: a governing board cannot prohibit the continued use of an adopted textbook or curriculum simply because it contains inclusive and diverse perspectives, including content that complies with the state’s existing inclusion mandates.2California Legislative Information. California Education Code 51501 A two-thirds vote does not cure a removal whose real reason is the material’s inclusive content.
What Districts Must Include
AB 1078 also tightened the affirmative requirements for adopted materials. Education Code Section 60040, as amended, requires that instructional materials accurately portray the cultural and racial diversity of American society and cover the contributions of:
- People of all genders in professional, vocational, and leadership roles
- Native Americans, African Americans, Latino Americans, Asian Americans, Pacific Islanders, and European Americans
- LGBTQ+ Americans
- Persons with disabilities
- Members of other ethnic, cultural, religious, and socioeconomic status groups
Materials must also cover the role of entrepreneurs and labor in the development of California and the United States.4California Legislative Information. California Code EDC 60040 – Requirements, Materials A district cannot adopt a history textbook that omits any of these groups.
The California Department of Education was directed to publish public guidance on these laws by July 1, 2025, so families and community members can see what inclusive-curriculum protections apply in their schools.5California Department of Education. Accurate and Inclusive Curriculum AB 1078
How to File a Complaint
Under Section 243(c), anyone can file a complaint about a suspected violation directly with the State Superintendent of Public Instruction, bypassing the local district entirely. The complainant must provide evidence supporting the direct filing, and once a complaint is received, the Superintendent can intervene without waiting for the district to investigate itself.5California Department of Education. Accurate and Inclusive Curriculum AB 1078
The traditional route through the Uniform Complaint Procedures, starting with the local district, county office of education, or charter school, remains available. The direct-filing option is the practical change. A parent, teacher, or community member who believes a board has illegally banned inclusive materials does not have to wait on a local investigation handled by the same officials who approved the ban.
What Noncompliance Costs a District
AB 1078 backs its mandates with a funding mechanism. When a district fails to provide sufficient and inclusive textbooks or instructional materials, the county superintendent can request that the California Department of Education purchase the needed materials on the district’s behalf. Before buying anything, CDE must consult with the district about which materials to purchase and must publicly identify the noncompliant district at the next State Board of Education meeting.3LegiScan. Bill Text CA AB1078 2023-2024 Regular Session Amended
The purchase is treated as a loan. If the district does not repay on an agreed schedule, the Superintendent notifies the State Controller, who deducts the full amount from the district’s next principal apportionment. For most districts that apportionment flows through the Local Control Funding Formula, meaning the money comes out of the general operating budget rather than a restricted fund.
A board that chooses noncompliance loses control over what gets purchased, is publicly named at a state board meeting, and absorbs the full cost regardless.
Where This Fits in First Amendment Law
AB 1078 sits on top of a federal constitutional baseline. In Board of Education, Island Trees Union Free School District No. 26 v. Pico (1982), the U.S. Supreme Court held that school boards “may not remove books from school library shelves simply because they dislike the ideas contained in those books.”6Legal Information Institute. Board of Education Island Trees Union Free School District No 26 v Pico Federal courts since Pico have repeatedly struck down viewpoint-based book removals, even in the school setting where boards otherwise have broad discretion over curriculum.
Federal administrative enforcement in this area has pulled back. In January 2025, the U.S. Department of Education’s Office for Civil Rights rescinded prior guidance that had treated some book removals as potential civil rights violations under Title VI and Title IX, taking the position that decisions about age-inappropriate materials are matters of “parental and community judgment, not civil rights.” With that federal retreat, AB 1078 is now the primary legal barrier against ideologically motivated book bans in California schools.