Ending Censorship of Public School Curriculum by Temecula School Board
In December 2022, the Temecula Valley Unified School District school board passed a resolution that bans the teaching of a sweeping and ill-defined range of content referred to as “Critical Race Theory and other similar frameworks,” censoring what students learn about American history and their own identities. While the Board claims that its ban targets critical race theory, Board members have used the resolution’s vague provisions to eliminate from Temecula’s classrooms any concepts that conflict with their ideological viewpoints, including the history of the LGBTQ rights movement and the existence of racism in today’s society. The resolution’s lack of clarity has chilled many teachers into silence and led to large-scale protests by students who say that their constitutional rights to learn and to be free from discrimination are threatened by the ban.
To fight back against this censorship, students, parents, and individual teachers filed a lawsuit on August 2, 2023, against the Board of Trustees of the Temecula Valley Unified School District (Board) over the enactment of its resolution banning the teaching of concepts with which Board members disagree. The suit is a first-of-its-kind case in California and seeks to invalidate the unconstitutional resolution in Temecula, creating a legal precedent that affirms students’ right to comprehensive, fact-based education in California’s K–12 public schools.
The plaintiffs came together to defend the right to learn for all students; however, their lawsuit highlights that the ban is particularly harmful to students of color and LGBTQ students, whose identities, histories, and cultures it stigmatizes and sidelines. And the ban jeopardizes the jobs and well-being of teachers across the District, who have to square the resolution’s restrictions with the content they are mandated to teach under the State’s academic standards.
The Temecula students, parents, and educators are represented by Public Counsel and Ballard Spahr LLP, with the support of the California Teachers Association (CTA). Ballard Spahr is working on the case as part of the firm’s Racial Justice and Equality Initiative, a pro bono plan of action dedicated to combating racial injustice and inequity through litigation.
Court
Superior Court of The State Of California, County Of Riverside
Status
Active
Case No.
CVSW2306224
Filed
08/02/2023
Case Developments and Key Developments
Judge Keen Denys Defendants’ Demurrer and Anti-SLAPP Motions
In a ruling today, Judge Eric A. Keen indicated that he will allow the case of Mae M. v. Komrosky to go forward, confirming that the plaintiffs have made viable challenges to the School Board’s policies under California law. Read the press release here.
Documents
World’s Largest Trade Book publisher, Writers’ Associations, First Amendment Advocacy Groups File Amicus Brief in Support of Plaintiffs
Penguin Random House, The Authors Guild, First Amendment Coalition, The Freedom to Read Foundation, PEN America, and Freedom to Learn Advocates have filed an amicus brief in support of the plaintiff’s motion for preliminary injunction, stating: “Young readers cannot expand their intellectual horizons if the only speech allowed in books is that which aligns with the views of government authorities. In a democracy, the government can contest ideas, but it cannot seek to censor them. State censorship—no matter the political cause behind it—quells free thinking. Temecula Valley Unified School District’s (“School District”) suppression of books, which is motivated by government officials’ disagreement with the views expressed in the books, violates the First Amendment.”
Documents
ACLU Foundations File Amicus Brief in Support of Plaintiff’s Motion for Preliminary Injunction
The ACLU Foundation of Southern California and the ACLU Foundation of Northern California filed an amicus brief in support of the plaintiff’s motion for preliminary injunction, stating “California law requires public schools to protect transgender and gender non-conforming students from discrimination and harassment and respect their privacy. The policy challenged here does just the opposite, impairing students’ ability to express themselves authentically at school and seeking to stigmatize transgender identities. The law, research, and student testimonies all make clear there is no place in California public schools for policies that put the safety and welfare of students at risk. Plaintiffs’ interest in ensuring transgender and gender non-conforming students are provided a safe and supportive education environment free of hostility and discrimination is an urgent one. Failure to grant a preliminary injunction in this case will result in significant and irreparable harm to TVUSD’s transgender and gender non-conforming students.”
Documents
CA Attorney General Files Amicus Brief in Support of Temecula Students
California Attorney General Rob Bonta filed an amicus brief supporting a challenge by teachers, students, and parents to two Temecula School Board policies that violate students’ constitutional and statutory rights. TVUSD Board Resolution 21 purportedly prohibits the teaching of “Critical Race Theory,” and it includes sweeping language that would censor, for example, Native American history and Martin Luther King Jr.’s “Letter from Birmingham Jail.” Board Policy 5020.01 compromises students’ safety, well-being, and privacy, and violates their equal protection rights, by mandating the forced outing of transgender and gender-nonconforming students without their consent and even when doing so would put them at risk of harm. Read the press release here.
Documents
Filing of Motion for Preliminary Injunction and Fact/Expert Declarations
Plaintiffs file motion for preliminary injunction seeking to bar enforcement of school board policies that censor state-mandated curriculum and require teachers to “out” LGBTQ students to their parents, regardless of potential harms the students may face at home. The filing is supported by 12 preeminent experts in the fields of education and health.
Documents
- Memorandum of Points and Authorities in Support of Plaintiffs’ Motion for Preliminary Injunction
- Fact Declaration of Rachel Dennis
- Fact Declaration of Amy Eytchison
- Fact Declaration of Katrina Miles
- Fact Declaration of Dawn Sibby
- Fact Declaration of Jennifer Scharf
- Fact Declaration of Gwen S.
- Fact Declaration of Mae M.
- Fact Declaration of Carson L.
- Fact Declaration of Susan C.
- Fact Declaration of Rachel P.
- Fact Declaration of Inez B.
- Fact Declaration of Edgar Diaz
- Expert Declaration of Rita Kohli and Marcos Pizarro
- Expert Declaration of Sabra Katz-Wise and Sari Reisner
- Expert Declaration of Tyrone Howard
- Expert Declaration of Thomas Dee
- Expert Declaration of Henry Louis Gates, Jr.
- Expert Declaration of Prudence Carter
- Expert Declaration of Uma Jayakumar
- Expert Declaration of Jeremy Goldbach
- Expert Declaration of Mary Helen Immordino-Yang
- Expert Declaration of John Rogers
Amended Complaint Filed
Since the filing of our lawsuit, the Board has intensified its attacks on LGBTQ students. A week into the school year, the Board passed a coercive outing policy that targets students who identify as transgender or gender nonconforming. The policy requires TVUSD teachers and staff to out transgender and gender nonconforming students to their parents or guardians, regardless of whether students consent, and it mandates the official documentation of these forced disclosures.
Documents
Complaint Filed
Students, parents, and individual teachers filed suit against the Board of Trustees of the Temecula Valley Unified School District (Board) over the enactment of its resolution banning the teaching of concepts with which Board members disagree. The suit is a first-of-its-kind case in California and seeks to invalidate the unconstitutional resolution in Temecula, creating a legal precedent that affirms students’ right to comprehensive, fact-based education in California’s K–12 public schools.
Documents
Clients
Students, parents, individual teachers, and the Temecula Valley Educators Association came together to file a lawsuit against the Board of Trustees of the Temecula Valley Unified School District.
- Edgar Díaz, president of Temecula Valley Educators Association
“TVEA decided to join this lawsuit because of the real-world impacts on our members: the educators of Temecula. In the months following the resolution’s implementation, we’ve seen its sweeping and vague language used as a weapon against educators. Teachers are being removed from the classroom for weeks at a time based on claims made anonymously or at Board meetings. Teachers have had their reputations irreparably harmed just for allowing students to use books available in our school libraries.” –Edgar Díaz
- Amy Eytchison, teacher at Temecula Elementary School
- Katrina Miles, teacher at Temecula Middle School
- Jennifer Scharf, teacher at Great Oaks High School
- Dawn Sibby, teacher at Temecula Valley High School
“As a teacher, my role is to introduce my students to a broad range of viewpoints so they can learn to think critically and form their own opinions about the world. This ban has created a climate of fear in our classrooms, and it is preventing my students from learning about the history and diversity of our nation. I’m proud to be a plaintiff in this case to fight for my students, who deserve an education not censored by Board members’ ideological beliefs.” –Dawn Sibby
- Mae M., senior in Temecula Unified
- Susan C., senior in Temecula Unified
- Gwen S., junior in Temecula Unified
- Carson L., senior in Temecula Unified
- David P., third-grader in Temecula Unified
- Violet B., third-grader in Temecula Unified
- Stella B., seventh-grader in Temecula Unified
- Rachel P., parent in Temecula Unified
- Inez B., parent in Temecula Unified
Organizational Partners
The California Teachers Association (CTA)
The unified voice of educators in California’s public schools and colleges, CTA is a powerful and passionate advocate for students and public education. Its 310,000 members support and nurture all students in classrooms every day, preparing them to be the leaders of tomorrow. And, as the largest affiliate in the 3-million member National Education Association, its voice is heard in the halls of our Capitol in Washington, D.C. Together and throughout our history, CTA has worked to improve the conditions of teaching and learning in California. Its members include teachers, counselors, psychologists, librarians, Education Support Professionals and other non-supervisory certificated personnel in our public schools and colleges.
Legal Team
Public Counsel
- Mark Rosenbaum, Senior Special Counsel for Strategic Litigation
- Amanda Mangaser Savage, Supervising Senior Staff Attorney
- Kathryn Eidmann, Vice President, Chief of Litigation and Legal Programs
- Isaac Filat, Justice Catalyst Fellow
- Ash Rojo, Paralegal/Organizer
- Suzanne Castillo, Paralegal/Organizer
- Yi Li, Stanford Law Fellow, Opportunity Under Law
- Niki Nguyen, Summer Clerk, UCLA Law School
Co-Counsel
Ballard Spahr LLP was founded in 1885. It focuses on litigation, securities and regulatory enforcement, business and finance, intellectual property, public finance, and real estate matters. The firm currently employs more than 600 attorneys in 15 offices throughout the United States, and includes a nationally recognized media and entertainment law practice group specializing in First Amendment litigation. For more information, visit www.ballardspahr.com.
Press
Press Releases
- Ruling in Temecula Valley School District Case Indicates Case Will Proceed, February 16, 2024
- Temecula Students, Parents, and Teachers Seek to Halt Enforcement of the School Board’s Discriminatory Policies, November 30, 2023
- Educators, Students, and Parents Sue Temecula School Board for Violating Constitutional Rights After Curriculum Censorship, August 2, 2023
Media Stories
- The Press-Enterprise, Lawsuit challenging Temecula Valley school district ban on critical race theory moves forward, 2/16/24
- Courthouse News, Judge advances lawsuit over school board ban on teaching critical race theory, 2/16/24
- BNN, Legal Battle in Temecula Valley: Education Freedom and Equality at Stake Over Critical Race Theory Ban, 2/16/24
- KVCR, Riverside County Superior Court Judge rules lawsuit against Temecula school board can proceed, 2/16/24
- EdSource, Bonta backs motion blocking censorship, transgender notification in Temecula schools, 12/13/23
- The Center Square, California AG opposes school transgender policy, ban on critical race theory, 12/13/23
- Patch, “Lawsuit Against Temecula Valley USD Gets Backing From CA AG Rob Bonta,” 12/12/23
- KVCR-FM, “AG Bonta throws support behind lawsuit against Temecula Valley school board,” 12/12/23
- Patch, “Coalition Seeks To Halt Controversial Temecula Valley USD Policies,” 12/1/23
- Capital & Main, “‘The Kids Are Afraid to Be Themselves,’” 12/1/23
- KCAL/CBS, “Temecula’s ban on critical race theory and gender notification policy faces legal challenges,” 11/30/23
- KNX, “Temecula schools’ censorship could be struck down by court order,” 11/30/23
- The Press-Enterprise, “Court order sought to bar Temecula schools from enforcing LGBTQ policy, critical race theory ban,” 11/30/23
- Capital & Main, “In Temecula, A Fragile Alliance Wants to Recall School Board Culture Warriors,” 11/29
- CNN, “California school district at center of earlier controversy is sued over critical race theory ban,” 8/3/23
- Fox News, “California school board once in Newsom’s crosshairs now sued by parents, teachers union challenging CRT ban,” 8/3/23
- Temecula Patch, “Temecula Valley USD Sued By Teachers, Union, Parents, Students,” 8/3/23
- Fox26 News, “Parents sue California school board over CRT ban: ‘Climate of fear‘” 8/3/23
- Law & Crime, “School board that called Harvey Milk a ‘pedophile’ faces civil rights lawsuit for banning critical race theory and LGBTQ+ curriculum,” 8/3/23
- LA Times, “Public Counsel sues Temecula school district over its ban of critical race theory,” 8/2/23
- Politico, “California lawsuit seeks to end critical race theory bans statewide,” 8/2/23
- EdSource, “Temecula Valley Unified CRT ban has created a hostile school environment, lawsuit says,” 8/2/23
- The Press-Enterprise, “Temecula school board sued for critical race theory ban,” 8/2/23
- ABC7, “Temecula school district facing lawsuit over ban on critical race theory,” 8/2/23
- NBC4, “Temecula school district board sued over ban on teaching of critical race theory,” 8/2/23
- Fox11, “Temecula school district sued over ban on critical race theory,” 8/2/23
- NBC7 San Diego, “Temecula school district board sued over ban on teaching of critical race theory,” 8/2/23
- Valley News, “TVUSD Board sued by teachers union, parents and students over CRT ban,” 8/2/23
- Courthouse News, “Southern California school district sued over ban on teaching critical race theory,” 8/2/23
- The OC Register, “Southern California school board sued for critical race theory ban,” 8/2/23
