California

Resources

State Protections and Legal Framework

  • State constitutional guarantees regarding right to education

    • The California Constitution provides:

      • “A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the Legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement.” Cal. Const. art. IX, § 1

      • “The Legislature shall provide for a system of common schools by which a free school shall be kept up and supported in each district at least six months in every year, after the first year in which a school has been established.”Cal. Const. art. IX, § 5

    Case law and legislative history defining and interpreting the right to education

    State constitutional protections regarding non-discrimination and equity

    • The California Constitution provides that “[t]he State shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of . . . public education . . . .” (Cal. Const. art. I, § 31)

    Other relevant state constitutional civil rights protections

  • State law equivalents to Title VI, Title IX, Section 504, and the Educational Opportunities Act (EEOA) 

    • Local educational agencies may not discriminate on the basis of sex, sexual orientation, gender, ethnic group, race, ancestry, national origin, religion, color, or mental or physical disability in school or in extracurricular activities. (Cal. Gov't Code § 11135) 

    • Similarly, in any program or activity that the State conducts, operates, or administers, discrimination on the basis of sex, sexual orientation, gender, ethnic group, race, ancestry, national origin, religion, color, or mental or physical disability is prohibited. (Cal. Gov't Code § 11135)

    • California law further protects students from discrimination and censorship in educational settings. Education Code 202 emphasizes the need to create an equitable learning environment where all pupils, including those identifying as LGBTQ, Black, Indigenous, and of color, feel welcome. Censorship of classroom materials based on topics related to race, ethnicity, gender, or sexual orientation is prohibited.

    • California’s Ralph Civil Rights Act of 1976 protects individuals from hate, violence, or intimidation by threat of violence based on sex, gender, race, color, religion, national origin, or disability.(Cal. Civ. Code § 51.7.) 

    Additional state civil rights protections that go beyond federal requirements (e.g., protections for LGBTQ+ students, multilingual learners, undocumented students)

    • Starting July 1, 2026, under Cal. Educ. Code § 35292.5, California will require most schools teaching K-12 to provide at least one all-gender restroom on campus for student use.

    • The Safe Place to Learn Act requires the adoption and publication of policies addressing bias-related discrimination, harassment, intimidation, and bullying in schools.(Cal. Educ. Code § 234, et. seq..)

    • California ensures each student the right to “to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records.” (Cal. Educ. Code § 221.5 (2025))

    State law protections regarding color of law or pattern/practice liability for law enforcement in schools

    • California legislation requires the Attorney General to publish “model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, and ensuring that public schools remain safe and accessible to all California residents, regardless of immigration status.” All local educational agencies are required to adopt the model policies. (Cal. Educ. Code § 234.7)

    • The Bane Act provides a civil right of action against a person who, “whether or not acting under color of law, interferes by threat, intimidation, or coercion, or attempts to interfere by threat, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state . . . .” Cal. Civ. Code § 52.1(c).)

    Private right of action provisions under state civil rights and human rights statutes

    • Yes, multiple California civil rights statutes provide a private right of action. For example:

    Identify whether state anti-discrimination laws also prohibit discrimination caused by disparate impact. If yes, does the state law allow a private right of action for disparate impact claims? 

    California law does not appear to address discrimination against students as evidenced by disparate impact.

  • Is the right provided by state law conferred on the student, parent/guardian, or both? In other words, who can bring a claim under this law? 

    • Parents may bring discrimination claims on behalf of minor students. ( See, e.g., Power ex rel. Power v. Gilbert Pub. Sch., 454 F. App’x 556, 558 (9th Cir. 2011).) 

    Does the specified law or policy provide protections against retaliation? What are the elements of a retaliation claim? Are protections against retaliation clearly spelled out in the law or policy?

    • California regulations prohibit any person in the educational or work environment of a local agency from retaliating against a complainant, witness, or other person who supports or participates in a sexual harassment investigation and treat retaliation as a separate allegation of discrimination.( Cal. Code Regs., tit. 5, § 4963.) 

    Statute of limitations for filing education-related state civil rights complaints (or state civil rights complaints broadly) or state human rights complaints?

    • Under the Uniform Complaint Procedures, all complainants must be filed within one year from the date of the alleged violation. 

    Are there areas where the state laws provide more protections than federal law? What are those areas? 

    • Yes, California law offers greater protections to students than does federal law. For example, 

      • California law prohibits forced gender-identity disclosure policies – which target transgender and gender nonconforming students by mandating that school personnel disclose a student’s gender identity or gender nonconformity to a parent or guardian. (Legal Alert re Forced Outing Policies.1.10.24_0.pdf)

    California’s Assembly Bill 1078: expands right to inclusive curricula and books.(Legal Alert Re Inclusive Curricula.1.9.24.1157CLEAN.pdf)

How do I file a complaint about discrimination in a K-12 public school in California? 

  • Identify the Basis of Discrimination Choose the applicable category for the discrimination your student experienced:

    • Race, color, national origin, sex, gender (including gender identity), ancestry, disability → Covered by CA state law prohibiting discrimination in education and public accommodations. California Education Code (EDC) 234.1; California Code, EDC 260, California Code, EDC 262.3.

      • Federal Protections: Title VI (race, color, national origin), Title IX (sex), Section 504 / ADA (disability)

    • Immigration Status→ Students are expressly protected from discrimination on the basis of immigration status in California.  California Education Code (EDC) 234.1 and 234.7.

      • The U.S. Supreme Court has long guaranteed that all children have a right to a free public education, regardless of immigration status. Plyler v. Doe (PDF), 457 U.S. 202 (1982).

    • English Language Learner Status →EDC Section 60811.8  prohibits denial, to English learners, of equal participation in the standard instructional program of schools.

      • Federal Protections: Under Title VI and the Equal Educational Opportunities Act of 1974 (EEOA), public schools must ensure that EL students can participate meaningfully and equally in educational programs. 

    Every student in California has the right to attend public school in the state free from discrimination, harassment, violence, intimidation, and bullying. (Ed. Code §§ 220, 234 et seq.)

    Gather Evidence Include:

    • Dates, times, and locations of incidents

    • Names of individuals involved

    • Copies of emails, screenshots, witness statements, or school responses

  • California’s Uniform Complaint Procedure with Appeals to CA Department of Education (Note - See Other State Enforcement Agencies for how to try to initiate systemic complaints with the CA Civil Rights Department or the State AG’s Bureau of Children’s Justice. Under limited circumstances, some civil rights violations may constitute hate violence or threats of violence and can be filed with the CA CRD)

    Who is eligible to file (students, parents, advocates, others)?

    • Pupils, parents, and interested third parties or organizations are eligible to file a complaint and may report discrimination, harassment, or intimidation on the basis of a protected characteristic to their local education agency (LEA). 

    • Notwithstanding section 4600(d), a complaint filed on behalf of an individual student may only be filed by that student or that student’s duly authorized representative. (5 CCR § 4600(e).)

    Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)

    How to initiate the process (relevant websites, standard forms, submission locations)

    • Uniform Complaint Procedures: a complaint must be filed with your LEA no later than 6 months from the date that incident occurred or the date you first obtained knowledge of the incident. Your LEA may have a complaint form available for your use. 

    • The LEA has 60 days to complete an investigation into the allegations and prepare a final written investigation report that is to be sent to the person(s) that filed the complaint; during this process, an opportunity to submit evidence is provided. If the investigation and report are not completed in 60 days, you may contact the California Department of Education (CDE).

    Can complaints be filed anonymously or confidentially? 

    • Complaints may be filed anonymously pursuant to section 4630(e).

    Are there language access requirements for complaint processes? 

    Are there known barriers to accessing enforcement (filing fees, documentation requirements)?

    • If the complainant is unable to put the complaint in writing due to conditions such as a disability or illiteracy, the local agency shall assist the complainant in the filing of the complaint.

    Can complainants have advocates or legal representation? Are complainants entitled to legal representation or other advocates to file or at any point in the process? 

    • Yes, complainants may have legal representation and may retain counsel during appeal process. However, there is  no indication that they have a right to counsel.

  • What are the required elements of the civil rights claim?

    • A complaint must allege a violation of federal or state laws or regulations, which may include an allegation of unlawful discrimination, harassment, intimidation or bullying. The complaint must be signed (electronic signatures are acceptable).

    Who reviews claims and what timeframes apply?What type of investigation may occur?

    • Within 60 days from the date of receipt of the complaint, the LEA shall conduct and complete an investigation of the complaint and prepare an investigation report. During this process, the person responsible for the filing of the complaint is to be given the opportunity to provide evidence the complainant believes supports the allegations. 

    • The LEA investigation report should include: (1) findings of fact based on the evidence gathered; (2) a conclusion for each allegation as to whether the LEA is in compliance with the relevant laws; (3) corrective actions, if the LEA finds merit; (4) notice of the right to appeal the LEA’s investigation report to the California Department of Education (CDE) within 30 days; and, (5) the procedures to be followed to initiate such an appeal. (Resolution of Discrimination/Harassment Complaints - Equal Opportunity & Access (CA Dept of Education)

    • The LEA has 60 days to complete an investigation and provide a written investigation report to the person filing the complaint. 

    Who participates in investigations?

    • An LEA staff member is responsible for receiving, investigating, and resolving complaints. 

    Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?

    • Whether complainants receive a hearing is dependent on each LEA’s complaint process. 

    What privacy/confidentiality protections exist?

    • LEAs are obligated to adopt policies that ensure that the identity of complainants alleging discrimination, harassment, intimidation, or bullying “remain confidential as appropriate.” (Cal. Code. Regs., tit. 5, § 4621(a).)

    Are school districts required to publicly post civil rights complaint procedures?

    The CDE publishes legislative reports with summaries of appeals of LEA decisions under the Uniform Complaint Process.(Legislative Reports - Uniform Complaint Procedures (CA Dept of Education)

  • What is the appeals process, if any? 

    • If all the steps of the LEA complaint procedures have been followed and there is disagreement with the investigation report, you may appeal to the CDE. The appeal must be filed within 30 days from the date of the LEA’s investigation report on the complaint.(Non-discrimination in Public Schools - Equal Opportunity & Access (CA Dept of Education))

    • Appeals can be made if the LEA failed to follow its complaint procedures, the LEA report lacks material findings of fact necessary to reach conclusion, findings were not supported by evidence, legal conclusions were inconsistent with law, or the corrective actions fail to provide a proper remedy.

    • An appeal to the California Department of Education must be in writing, include a copy of the original complaint file with the LEA and the LEA’s investigation report, and specify the basis for the appeal. 

    Are remedies legally enforceable once a violation is found?

    Are there other administrative processes that must be exhausted before taking legal action?

    • We are not aware of a requirement that administrative remedies be exhausted prior to taking legal action.

    Do state agencies publish complaint outcome data? 

    • It is not clear whether complaint outcome data is published. 

    What enforcement mechanisms exist for non-compliance?

    • See legal remedies above.

  • Investigations are completed within 60 days of receipt in the Complaint Resolution Unit (CRU). The 60-day time limit may be extended if exceptional circumstances exist with respect to a particular complaint.

    • CDE's role is to be a neutral fact-finder and to promptly resolve complaints. CDE does not act as an advocate for either party.

    • When a complaint request is received, the request is screened to ensure all the required information has been provided.

    • A team of investigators will determine whether or not the alleged violation(s) relate to a requirement of special education law; whether they occurred not more than one year prior to the date that the complaint is received; or whether there is missing information.

    • The complainant will be contacted using the information provided by the complainant in the complaint request to clarify any missing information and provide an opportunity for the complainant to clarify or provide additional information related to the allegations received by the CDE.

    • Once the allegations are confirmed and the required information is obtained, both the complainant and the local education agency will receive a notification letter indicating the allegations to be investigated. The CDE will also provide a courtesy copy of the complaint request to the LEA.

    • The CDE encourages cooperative, collaborative relationships by making available voluntary mediation of complaints. (Please see below for description, procedures and form).

    • As part of the CDE's required responsibilities, the LEA will be given an opportunity to respond to the complaint. The investigator will request the LEA to submit a response with materials addressing the allegations and/or any related materials the LEA wishes the CDE to consider within a prescribed time period.

    NOTE: Refusal by the LEA to provide the investigator with access to records and/or other information related to the allegation in the complaint, or to otherwise fail or refuse to cooperate in the investigation or engage in any other obstruction of the investigation may result in a finding based on evidence collected that a violation has occurred and may result in the imposition of a remedy in favor of the complainant.

    NOTE: Refusal by the complainant to provide the investigator with documents or other evidence related to the allegations in the complaint or to otherwise fail or refuse to cooperate in the investigation or engage in any other obstruction of the investigation may result in the dismissal of the complaint because of a lack of evidence to support the allegations

    The investigation is based on a gathering of facts about the allegation(s) through:

    • Communications with both parties confirming the allegation(s)

    • Communication to obtain clarification or additional information and facts, from both the Complainant and District specific to the allegations

    • Review of documents submitted by both parties

    • Interviews arranged with school staff, if necessary

    • A visit to the school may occur, if the CDE decides it is necessary

    Although not a comprehensive list, the following are examples of what may be reviewed:

    • Service logs and schedules

    • Assessment documents

    • IEPs

    • IEP team meeting minutes

    • Prior written notices

    • Settlement Agreements

    • The investigator shall review all relevant documents and information gathered and determine whether the LEA has violated a requirement of federal or state special education law and provide a written decision referred to as the complaint investigation report.

    • The written decision or investigation report will be mailed within 60 calendar days of the complaint resolution unit’s receipt of the complete complaint request.

  • Yes

State Attorney General Enforcement Actions

  • Has the AG taken civil rights actions involving education in the past 5 years?

    • The Bureau of Children’s Justice has investigated school districts and filed amicus briefs to ensure equal treatment of all California students. The BCJ also publishes guidance for local education agencies.

    • On April 25, 2025, the State of California co-led a coalition of 18 states in suing the U.S. Department of Education over its April 3, 2025 certification demand to state and local education agencies that they adopt the Trump Administration’s interpretation of Title VI and its implementing regulation in a sharp break from decades of precedent. The federal government’s order requires state agencies to certify that they do not employ “illegal DEI” programs or risk loss of federal funding, which amounts to roughly $8 billion for California. The lawsuit asserts federal constitutional and Administrative Procedure Act claims and seeks declaratory relief and an injunction barring defendants from implementing their certification demand or any similar measure on public education agencies in Plaintiffs’ States. [1]

    • On August 25, 2020, the BCJ entered into a court-approved stipulated judgment with Oroville City Elementary School District after an investigation revealed that OCESD systematically over-disciplined Black students, Native American students, and students with disabilities in violation of civil rights laws. [2]

    • In 2020, the BCJ entered into a court-approved stipulated judgment with the Barstow Unified School District to address discriminatory treatment of students based on race and disability. [3]

    What enforcement powers does the AG possess in education-related cases?

    • The BCJ has broad jurisdiction under state and federal law to investigate and enforce the legal rights of children, including in the following areas: [4]

      • Civil rights laws, including protections against discrimination based on race, national origin, sex, sexual orientation, disability, and other categories

      • California Education Code

      • California Welfare and Institutions Code

      • State criminal laws relating to child abuse and human trafficking

    **NOTE:  The BCJ does NOT handle individual claims. 

    Does the AG accept individual education civil rights complaints, or does the office only take on broad investigations? (if they do individual complaints, would want to answer the below complaint process questions for the AG’s office)

    • No, the AG, including the Bureau for Children’s Justice (BCJ) does NOT accept individual education civil rights complaints. (See CA OAG, BCJ, FAQ – How to File Complaints, Tips, or Referrals for Possible Investigation)

      • BCJ cannot represent individuals or provide legal advice 

      • BCJ cannot typically pursue cases addressing isolated, “one-off” violations of law 

      • BCJ cannot typically pursue cases against state-level public entities 

    BCJ requests that it be notified of potential systemic or pattern or practice cases in two ways. First, contact BCJ at BCJTips@doj.ca.gov describing the potentially unlawful activity, the identity of the entity that is engaged in this activity, and contact information for an attorney to follow up. Second, file a Complaint with the California AG’s Public Inquiry Unit. Complaints against businesses may be filed here, http://oag.ca.gov/contact/consumer-complaint-against-business-or-company; complaints against other other entities may be filed here: http://oag.ca.gov/contact/general-comment-question-or-complaint-form. [5]

  • Does the AG have an office/section dedicated to education or education civil rights issues? (If the AG has sections or offices dedicated to education or children's rights issues, please identify that office when responding to relevant questions above and with respect to the complaint process below.)

    • Yes. The Civil Rights Enforcement Section of the AG office has two specialized branches: the Bureau of Children’s Justice (formed by Kamala Harris in 2015) and the Underground Economy Unit. The Bureau of Children’s Justice under the Civil Rights Enforcement Section specializes in education and related civil rights issues, among other things.  

    • California also has a Racial Justice Bureau that conducts investigations per Government Code Section 11180. However, the Bureau does not handle individual complaints and does not represent individuals. 

    • Individual matters related to housing, employment, California Government Code § 11135 (any entity receiving state funds),  should be filed with California’s Civil Rights Department.  CRD has authority to accept and investigate claims under Gov. Code 11135 except those involving educational equity (Cal Gov Code 12930(f)(4)). 

      •  CRD does have authority to issue a Director’s complaint, in our discretion, on any type of potential 11135 violation (Gov Code 12930(f)(5)(A), including in the education context. 

      • So CRD can NOT accept educational equity complaints through its regular (and mandatory) complaint investigation function, but it can consider requests to issue a Director’s complaint on those issues, which is discretionary.

    CRD does have the authority to investigate and enforce other laws that may apply in specific school circumstances, including the Ralph Civil Rights Act.  Anyone in CA can contact CA vs. Hate to get additional support with these claims. 

Other State Enforcement Systems

For each relevant enforcement agency, document complaint process details (one chart per agency):

  • Who is eligible to file (students, parents, advocates, others)?

    • Those who believe they were subjected to discrimination may request that the California Civil Rights Department (CRD) investigate harassment or retaliation.

    • However, note that CRD has authority to accept and investigate claims under Gov. Code 11135 except those involving educational equity (Cal Gov Code 12930(f)(4)). CRD does have authority to issue a Director’s complaint, in its discretion, on any type of potential 11135 violation (Gov Code 12930(f)(5)(A), including in the education context. 

      • CRD can NOT accept educational equity complaints through its regular (and mandatory) complaint investigation function, but it can consider requests to issue a Director’s complaint on those issues, which is discretionary. 

      • CRD does have the authority to investigate and enforce other laws that may apply in specific school circumstances, including the Ralph Civil Rights Act.  Anyone in CA can contact CA vs. Hate to get additional support with these claims. . 

    Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)

    • No, no exhaustion of administrative remedies is required. 

    How to initiate the process (relevant websites, standard forms, submission locations)

    • The specific facts and any records about the incident(s), including the name and contact information of the person or entity you believe harmed you (if known);

    • Copies of any documents or other evidence related to your complaint; and

    • The names and contact information of any witnesses (if known)

    • The submission of the intake form will initiate an intake interview with a CRD representative. The representative will evaluate the allegations and determine if a formal complaint is accepted. 

    • NOTE: CRD can only investigate violations of certain civil rights laws. CRD can only accept cases if one of the laws it enforces may have been violated.

    • If your complaint is accepted, CRD will prepare a complaint form for your signature. Complaint will be sent to entity or person that you believe discriminated against you.

    Can complaints be filed anonymously or confidentially? Signature on complaint is needed. 

    Are there language access requirements for complaint processes?

    Can complainants have advocates or legal representation?

    • Yes, complainants are free to hire legal representation. 

    Are complainants entitled to legal representation or other advocates to file or at any point in the process?

    • There does not appear to be a right to legal representation or other advocates.

  • What are the required elements of the civil rights claim?

    Who reviews claims and what timeframes apply?

    • CRD independently investigates and assesses the facts and legal issues in each case. These investigations and assessments include, among other things, reviewing information and evidence from complainants, respondents, witnesses, or other sources.

    What type of investigation may occur?

    • CRD uses the facts obtained through its investigation to determine if there is reasonable cause to believe that a law the department enforces has been violated. If not, the case is closed. If there is reasonable cause, CRD notifies the parties of this determination and may notify them that the department intends to file a lawsuit in court. Prior to filing a lawsuit, CRD typically requires the parties to go to mediation to attempt to reach an agreement to resolve the dispute. ( See ComplaintProcessFlowchart.pdf.)

    Who participates in investigations? 

    • CRD investigators participate in the investigation process. 

    Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing? 

    • The complainants are entitled to an intake interview, but the complaint process does not explicitly state they are entitled to a hearing. 

    What privacy/confidentiality protections exist?

    • CRD does not share investigative records of open case files Once a case is closed, parties may request copies of the file. The information CRD releases is governed by the Public Records Act and relevant privileges.

    • All complaints or allegations of discrimination or sexual harassment will be kept confidential during any informal and/or formal complaint procedures except when disclosure is necessary during course of investigation.(Cal. Code Regs., tit. 5, § 4964)

    Are school districts required to publicly post civil rights complaint procedures?

    • Local educational agencies are required to provide notice of the Uniform Complaint Procedures annually. (See, e.g., Uniform Complaint Procedures, 2024–25 Program Instrument, California Department of Education (May 2023), available at ucp2425.docx.)

  • What is the appeals process, if any?

    • If a party is dissatisfied with the outcome of the investigation, and the case has not been settled or accepted by CRD to file a lawsuit in court, that party may appeal CRD’s closure of the case. 

    • The first step in filing an appeal with CRD is to review the closure letter you received. The closure letter will state that you have ten (10) calendar days from receipt of the closure letter to submit an appeal, and will provide instructions on what the appeal should contain.

    • Once your appeal is submitted, the Appeals Unit will investigate and either reopen the case or uphold the closure. The Appeal Unit does not have a deadline by which to decide an appeal. (Complaint Process | CRD.)

    Are remedies legally enforceable once a violation is found?

    • CRD is authorized to take legal action. 

    • CRD may prosecute the matter in court. 

    • Possible outcomes include: recovery of out-of-pocket losses, an injunction prohibiting the unlawful practice, policy changes, training, reasonable accommodations, damages for emotional distress, civil penalties and punitive damages.

    Are there other administrative processes that must be exhausted before taking legal action?

    • No, outside of the employment context, there is no administrative-remedy exhaustion requirement.

    Do state agencies publish complaint outcome data? 

    • Yes, the CRD has published settlement results on their website.(See CRD News | CRD.)

    What enforcement mechanisms exist for non-compliance?

    • See “Are remedies legally enforceable once a violation is found?” above.