Attorney General Bonta Issues Statement on Court Decision Granting a Preliminary Injunction Against TVUSD’s Curriculum Resolution

OAKLAND – California Attorney General Rob Bonta today issued the following statement in response to the California Fourth District Court of Appeal’s decision to reverse in part the Riverside County Superior Court’s order denying a preliminary injunction against the Forced Outing Policy and Curriculum Resolution enacted by the Temecula Valley School District (TVUSD) Board of Trustees, with instructions to enter a preliminary injunction as to the Curriculum Resolution. The Court found that the Curriculum Resolution, which widely restricted curricular content as well as discussions of history and current events, was unconstitutionally vague, because “the Resolution’s language is ambiguous, lacks clear definitions, is unclear in scope, is seemingly irreconcilable with state-mandated educational requirements, and contains no enforcement guidelines.” As the appellate decision recognizes, the Curriculum Resolution was dramatically overbroad, including provisions that could be construed to bar lessons about discriminatory Jim Crow laws, segregation, racial inequalities in the criminal justice system, and the civil rights movement. The Court also found that the challenge against TVUSD’s Forced Outing Policy was moot because the Board rescinded the Policy in December, and AB 1955, which prohibits forced outing policies like TVUSD’s, is now in effect. In so doing, the Court clearly stated its expectation that “the Board will act in good faith and follow the law.”

In October 2024, Attorney General Bonta filed an amicus brief urging the Court to reverse the order denying a preliminary injunction, arguing that (1) the Forced Disclosure Policy violates California’s Equal Protection Clause and (2) the Curriculum Resolution violates students’ right to receive information under the free speech provision of the California Constitution.

“Every student deserves the right to feel seen, valued, and welcome in their learning environment. This decision reinforces the principle that all students should have access to inclusive, affirming curricula that reflects the diversity of their communities and the richness of our shared history. And it reaffirms that California law protects the rights of transgender students to live authentically and without fear. In California, we recognize the importance of curricula that reflect the full scope of the human experience and all our communities — including through instruction on history, racial and socioeconomic inequality, and other subjects — and equip students with the tools to work towards a more just society. Education is meant to empower students to think critically, challenge injustice, and see themselves, as well as one another, in the narratives that shape our society. Schools have a responsibility in providing environments where all students can thrive. Policies that ban inclusive curricula or forcibly out transgender and gender-nonconforming students not only target some of our most vulnerable youth, but also inflict real harm, undermining students’ well-being and academic success. That’s why at the California Department of Justice, we remain committed to protecting the rights of all students and ensuring that schools remain a welcoming and inclusive place for all.”

A copy of the decision can be found here.