AR 1312.2 — COMPLAINTS CONCERNING INSTRUCTIONAL MATERIALS

Community Relations AR 1312.2(a)

COMPLAINTS CONCERNING INSTRUCTIONAL MATERIALS

Acceptance of Complaints

Complaints concerning instructional materials will be accepted only from staff, District
residents, students, or the parents/guardians of children in a District school.
Anonymous complaints will not be accepted.

Step 1: Informal Resolution

When questions of suitability arise, the complainant shall discuss the issue with the
appropriate teacher and/or administrator involved. However, until the complaint is
resolved, the complainant shall follow the following procedures

Individual students shall be excused from using challenged materials or participating in
the study of controversial or religious issues upon written request from the
parent/guardian using the "Request for Excuse from Participation.” The teacher shall
provide the student an alternate assignment, deemed by the teacher to be appropriate
to the course of study and adopted reading lists, but the teacher shall not be required to
provide individualized instruction.

During the investigation of the complaint, any challenged material that is considered
State board of education adopted core instructional material may remain in use until a
final decision has been reached. However, upon request of the parent/guardian who
has filed the complaint, his/her child may be excused from using challenged materials
until a resolution has been reached. The teacher shall assign the student an alternate
material of equal merit.

The use of challenged supplemental materials by class, school or District shall be
restricted until a decision is made through the complaint process. The procedure of
hearing the complaint in an orderly and objective manner with careful consideration by
appropriate staff members, parents and/or community members shall occur prior to any
action taken by the Board.

Upon receiving a complaint, the principal will, within five school days, acknowledge its
receipt, answer questions regarding procedure, and arrange a meeting with the teacher
and the person submitting the complaint to resolve the issue. The complainant shall be
provided a copy of this Board policy and administrative regulation. The principal will then
notify the Superintendent or designee of the complaint.

If the challenged issue is not resolved, the principal shall notify the Assistant
Superintendent, Curriculum, Instruction, Innovation and Support and the complaint shall
proceed to Formal Resolution Procedures.
 AR 1312.2(b)
COMPLAINTS CONCERNING INSTRUCTIONAL MATERIALS (cont.)

The teacher may also request Formal Resolution if he/she believes a material will be
improperly removed from use.

Step 2: Formal Resolution Procedures

1. If the complainant is not satisfied with the principal’s initial response, he/she shall
present a written complaint to the principal using the "Request for Review of
Education Materials or Curricular Content Form." Forms may be obtained from
the school office. Complaints regarding printed material must name the author,
title, and publisher, and identify the objection by page numbers. In the case of
non-printed material, written information specifying the precise nature of the
objection shall be given. The statement must be signed and identified in such a
way that a proper reply will be possible.

2. A copy of the complaint form shall be forwarded to the Assistant Superintendent,
Curriculum, Instruction, Innovation and Support. A summary of the issues,
conferences held, and disposition of the complaint shall be also prepared by the
principal and submitted with the complaint. The Assistant Superintendent,
Curriculum, Instruction, Innovation and Support, may arrange a conference with
the complainant, site administrator and teacher to discuss the concern, sending
a formal response to the complainant and to the principal within ten school
days. Alternately, the Assistant Superintendent, Curriculum, Instruction,
Innovation and Support may proceed immediately to a review panel.

3. If the problem has not been resolved, the complainant may request that the
complaint proceed to a District panel to review the issue.

Step 3: Review Committee Resolution

1. If the Superintendent or designee determines that a review committee is not
necessary, he/she shall issue a decision regarding the complaint. The response
of the Superintendent or designee will be communicated in writing to the
complainant within 10 school days after the written complaint is received.

If the Superintendent or designee determines that a review committee is necessary,
the committee shall be formed under the direction of the Assistant Superintendent,
Curriculum, Instruction, Innovation and Support. It shall be composed of members
deemed to have competence in the subject area concerned and knowledge about
the age group with which the material is used. The review committee shall consist of:

a. The Assistant Superintendent, Curriculum, Instruction, Innovation and Support or
designee
 AR 1312.2(c)
COMPLAINTS CONCERNING INSTRUCTIONAL MATERIALS (cont.)

b. A principal and/or appropriate members of the District administrative staff
selected by the Assistant Superintendent, Curriculum, Instruction, Innovation and
Support

c. Two teachers in the appropriate content area selected in consultation and
agreement with the Associated Chino Teachers

d. A certificated librarian

e. Two members of the community selected in consultation with the PTA/
PFA Council

f. When appropriate, a student selected by the principal of the school where the
complaint was filed.

The Assistant Superintendent, Curriculum, Instruction, Innovation and Support
shall ensure that an uneven number of participants sit on the review panel.

2. The purpose of the panel shall be to study and evaluate the questioned material
or issue related to the curriculum. The panel shall determine the extent to which
the challenged material supports the curriculum, the educational appropriateness
of the material and the suitability of the material for the age level of the students.
The complainant shall be allowed to make a 30-minute presentation regarding the
issue. The site where the issue originated shall be allowed to present a 30-
minute presentation. All panelists shall have the opportunity to review the
contested material prior to the hearing.

3. In deliberating challenged materials, the review committee shall consider the
educational philosophy of the District, the professional opinions of other teachers
of the subject and of other competent authorities, reviews of the materials by
reputable bodies, the teacher's stated objectives in using the materials, and the
objections of the complainant.

Criteria for removing a material from use could include:

a. The material presents only one side of a controversial issue in an
inflammatory or sensational manner. One-sided materials which are not
inflammatory should be balanced by comparable materials which present
opposing viewpoints.

b. The material is not as factual or objective as other materials which meet the
same purpose.
 AR 1312.2(d)
COMPLAINTS CONCERNING INSTRUCTIONAL MATERIALS (cont.)

c. The material is not age-appropriate for the students for whom its use was
intended.

d. The material is contrary to the moral and ethical standards generally held
by the community, and has no redeeming artistic merit to withstand an
appeal to prurient interests of students.

The panel shall deliberate regarding the material presented and prepare a
recommendation to the Superintendent.

4. Within 30 school days of being convened, the review committee shall summarize
its findings in a written report and submit it to the Superintendent or designee for
action.

5. The Superintendent or designee shall notify the complainant of his/her decision
no later than 30 days after the complaint was filed.

Step 4. Appeal to the Board of Education

The decision of the Superintendent or designee may be appealed to the Board of
Education, whose decision will be final. The response of the Board should be
communicated in writing to the complainant within 10 school days after Board action.

When any challenged instructional material is reviewed by the District, it shall not be
subject to any additional reconsideration for 12 months.

County or State Adopted Material

If the challenged material has been adopted by the San Bernardino County Board of
Education, the Superintendent or designee may forward the complaint, without action,
to the office of the County Superintendent of Schools for reevaluation and decision. If the
questioned material has been adopted by the State of California, the Superintendent or
designee may forward the complaint, without action, to the California Department of
Education for reevaluation and decision.

Complaints Concerning Sexually Obscene Library Books

Step 1: Informal Resolution

1. When questions of suitability arise regarding sexually obscene materials in the
school or classroom library, the complainant shall discuss the issue with the school
site administrator involved.
 AR 1312.2(e)
COMPLAINTS CONCERNING INSTRUCTIONAL MATERIALS (cont.)

2. The individual filing the complaint shall ensure the library material is in the school
or classroom library. The complainant shall present a written complaint to the
principal identifying the author, title, and the page numbers containing the obscene
material.

3. Upon receiving a complaint, the principal will, within two days, review the material
to determine if there is any sexually obscene language and/or content. If there is
any sexually obscene language and/or content, the principal will pull/restrict the
availability of the challenged books/materials from all libraries within the school.
The principal shall report the complaint to the Superintendent within three days of
the complaint being filed.

4. If the principal determines there is no issue with the challenged material(s), the
principal will arrange a meeting with the complainant to resolve the issue. The
complainant shall be provided a copy of Board policy and administrative regulation
1312.2.

5. If the challenged issue is not resolved, the principal shall notify the Superintendent,
and the complaint shall proceed to formal resolution procedures.

Step 2: Formal Resolution Procedures

1. If the complainant is not satisfied with the principal’s initial response, the
complainant shall present a written complaint to the principal identifying the author,
title, and the page numbers containing the obscene material. The statement must
be signed and identified in such a way that a proper reply will be possible.

2. A copy of the complaint shall be forwarded to the Superintendent within three
school or business days. A summary of the issues, conferences held, and
disposition of the complaint shall be also prepared by the principal and submitted
with the complaint.

3. The Superintendent shall submit the complaint and the principal’s response to the
Board of Education within two business days. Additionally, the Superintendent will
provide the Board of Education copies of the book/material to review the complaint.

4. Within forty-five days, the Superintendent shall prepare an agenda item regarding
the complaint for the Board of Education to take action.

Step 3: Board of Education Review and Resolution

1. The Board of Education will review the complaint, principal response, and the
book/material regarding the complaint.
 AR 1312.2(f)
COMPLAINTS CONCERNING INSTRUCTIONAL MATERIALS (cont.)

2. The Board of Education shall evaluate the complaint regarding a book/material
being educationally unsuitable due to its sexually obscene content.

3. The Board of Education shall not remove books because they disagree with the
ideas of an author.

4. The Board of Education shall vote publicly to keep or remove a book/material. The
Board of Education should only vote to remove a book if it is educationally
unsuitable due to sexually obscene content.

5. If the Board of Education votes to keep the book/material, the book/material will be
returned to the school or classroom library.

6. If the Board of Education votes to remove the book/material, it shall be removed
from all school or classroom libraries by the Superintendent or designee within five
days.

Chino Valley Unified School District
Regulation approved: October 19, 1995
Revised: September 8, 2011
Revised: November 16, 2023