“If you find yourself at the center of one of these controversies, there are many strategies that can help with avoiding negative outcomes.”

More and more, educators are at the center of current political attacks on public education, whether it be for supporting and keeping LGBTQ+ students safe or ensuring that students receive an education that accurately reflects our nation’s complex history and promotes their critical thinking skills. Even in California where we have strong laws and governmental entities that support honest and culturally responsive education, our members are being misrepresented and blamed for inaccurate accounts of their efforts. These attacks are popping up in various forms, such as:

• In Chico, a parent represented by the “Center for American Liberty” has sued the district for failing to report to her that her child had briefly used a different name and pronoun at school. The district has a policy consistent with California Department of Education (CDE) guidance that states if a student does not want their parent/guardian to know they are using a different gender identity at school, the school shall not inform the parent/guardian over the student’s objection. A CTA member who had appropriately supported the student has been caught up in the litigation and had her name used in the media.
• In Clovis, the district has flouted the CDE guidance on this issue and is requiring employees to inform parents if they are supporting students with respect to their gender identity; and if the student objects, the student will not be able to receive this support.
• Also in Clovis, a teacher who has for years had a rainbow pride flag up in his classroom was directed to take it down because it allegedly violates the district’s policy regarding personal items that reflect “controversial issues.” No one ever complained about the flag and, in fact, numerous students had thanked the teacher for it over the years.
• In Paso Robles, the district adopted a resolution banning certain concepts related to racism and the role of slavery in our country’s history, resulting in a broad erasure of historical events and essential concepts from the curriculum that are necessary to understand and learn about U.S. society and racial justice.
• In Temecula Valley, the school board passed a resolution aimed at “Critical Race Theory” which prohibits teachers from instructing on concepts such as racism existing in our society or that the preservation of slavery had any influence on our country’s move for independence from England.
• Throughout California, Public Records Act requests have been used to identify individuals engaged in equity education. In some instances, those teachers have then been targeted for harassment, either through social media or in mainstream media.
• In Glendale, a candidate for local office requested documents from the district related to LGTBQ+ curriculum. The records included emails that identified a teacher who had shown a gay pride video. The teacher was subsequently doxxed, placed under investigation, and subjected to death threats on her home voicemail.
• In San Ramon Valley, teachers who ran their schools’ Genders & Sexualities Alliance (Prism) clubs were secretly recorded speaking about these efforts and then misleadingly showcased on Tucker Carlson.

CTA is working in coalition with NEA and other organizations to fight back against these attacks on educators and public education. The coalition is urging the State Superintendent of Public Instruction and the California Attorney General to issue guidance to prevent the censorship of accurate and inclusive education.

CTA’s Legal Department has worked with other CTA staff to prepare internal resources that discuss members’ and students’ many rights in this area, as well as districts’ legal duties to provide a safe workplace. For example, California requires that schools be a safe and welcoming environment for LGBTQ+ students, which can be the basis for pushing back against anti-inclusive policies. Your local union can work with your district to ensure that the union is made aware of Public Records Act requests and any responsive documents that name a member, so that your privacy can be protected. If you find yourself at the center of one of these controversies, there are many strategies that can help with avoiding negative outcomes. Contact your union representative or CTA staff person to find out more about the help that is available.

Theresa Witherspoon is a CTA staff attorney.