Episode 63 Getting to Know and Understand the FAIR Act

By Lozano Smith | June 12, 2023

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The Fair, Accurate, Inclusive and Respectful (“FAIR”) Act became law in 2012 and was enacted with the goal of California schools including a more historically accurate depiction of the contributions of LGBT Americans in the curriculum and to reduce the negative stereotypes and bullying that plague a majority of LGBT youth. However, in light of national and local controversies regarding discussion of LGBT issues at public schools, some may be confused or unsure about how to be compliant with the FAIR Act and comprehensive sexual health education opt-out requests, and/or avoid parent complaints. In this episode, Lozano Smith’s San Diego Managing Partner Trevin Sims and Senior Counsel Angelique Cramer will cover the basics of what the law requires and address the interplay between laws that pertain to LGBT issues at schools, as well as how to handle parent concerns regarding the curriculum.

Show Notes & References

2:00 – The FAIR (Fair, Accurate, Inclusive & Respectful) Act
2:33 – Legislative history of the FAIR Act
3:44 – Referenced groups in the FAIR Act
5:09 – Curriculum requirements
6:33 – Health/sex education and the California Healthy Youth Act
7:24 – Exemptions and opt outs
11:21 – Implementation and challenges for schools
14:31 – CDE FAQs and CDE discussion of interplay of both Acts
16:45 – Where disputes occur and how they are submitted
20:43 – Spontaneous classroom discussions and guidance for districts
25:04 – Takeaways

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.