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A New Ethnic Studies Bill in California: Overview of AB 1468
- PEER K12
- Apr 7
- 14 min read
Updated: Jul 7
Navigating the nuances of legislative bills can be confusing—everything starts to blend together, making it hard to determine whether to support a bill without digging into the fine print to understand its true impact.
Don’t worry—PeerK12 has done the heavy lifting for you. Just read our notes to get up to speed.
Below, we break down the key details of California’s newest Ethnic Studies Assembly Bill 1468, and analyze if its provisions will be enough to protect the civil rights of Jewish students and teachers, as well as all students who could be impacted by this Bill.
Overview: Ethnic Studies California Assembly Bill 1468
AB 1468 is a bill that aims to create and standardize ethnic studies courses in California high schools by 2028 with two main functions: the creation of content standards, and curriculum transparency.
Our Analysis
Our analysis of AB1468 reveals significant concerns.
The bill lacks essential enforcement mechanisms for both content standards and transparency requirements. Without these, AB1468 will fail to create meaningful accountability or change at the district and classroom levels.
Moreover, by elevating ethnic studies to equal standing with core subjects such as math, science, English, and history, AB1468 paves the way for the potential adoption of ethnic studies as a mandatory admissions requirement for the UC and CSU systems as a new "Area H".
Such a move would effectively impose Liberated Ethnic Studies on all applicants worldwide seeking admission to California’s public universities.
Key Takeaways
AB 1468 seeks to create content standards for ethnic studies as a way to ensure school districts adhere to the original guardrails that AB 101 outlined.
However, the new bill lacks clear enforcement measures to ensure the curriculum is fair, balanced, and free from bias, which had also been the main issue with AB 101.
High Cost: Funding for Ethnic Studies is Still in Limbo
The mandate is estimated to cost the state upwards of $275 million annually.
Budgets would need to come from other educational areas - and based on Gov. Newsom's realignment in recent months, it seems highly unlikely that he would approve any funding towards such a politically charged issue.
AB 1468 also seeks to elevate ethnic studies to the same level of importance as math, science, english and other core subjects.
A potential unintended consequence is already happening - a push to make ethnic studies a UC/CSU admissions requirement - as a new "Area H".
This effort has been underway for years and has recently seen a resurgence (CA Ballot Measure Submission: Advancing Ethnic Studies Action Act).
A number of our grassroots partners were actively opposing this: AMCHA Defeated Area H Ethnic Studies Admissions Requirement.
Parents should be aware that AB 1468 does not protect their children from harmful or biased content in ethnic studies courses or content inside curriculum.
The bill lacks district-level enforcement or state-level accountability - there is no penalty for deviations or violations.
There are also no consequences for districts violating existing state content standards in core subjects (English, History, Science, etc.).
Current core subjects are already embedded with ethnic studies (like Ethnic Literature classes) - with no content standards enforcement mechanism.
The onus falls to parents and their students to oversee and challenge biased or inappropriate content on their own with no support from the State level with regards to oversight or enforcement.
Often this opposition must occur publicly - usually via litigation (examples: here, here and here) which can leave their children vulnerable to retaliation at the school site or school district location.
The bill excludes Jewish American history and enforces the flexibility given to local school districts to create their own curricula, which could lead to disparities and ideological issues in the classroom.
Who is Endorsing this Bill & Who is Opposing it
It's important to note here that - as with all things ethnic studies related - it's complicated....
Our analysis of the unfortunate division within the Jewish community on this bill is that half of the Jewish community wants to prioritize content standards and transparency in order to have a clear baseline by which "the guardrails" can be judged (these are the orgs listed below as endorsing/supporting the bill).
The other half of the Jewish community wants to prioritize enforcing existing protections and general content standards before trying to legislate and create additional new ones specifically for ethnic studies.
The main issue is that AB1468 does not provide any oversight mechanism or enforcement levers that could be activated to ensure new ethnic studies specific content standards are followed.
We've seen time and time again that content standards are not being enforced for core subjects like history or english - which means adding content standards for ethnic studies will not be an effective deterrent to ensuring the removal of harmful ideologies and antisemitic content from any ethnic studies class across more than 1000 school districts in California.
That is the reason why you see below that half the Jewish community is supporting this bill, while the other half is opposing it.
We are disappointed that AB1468 does not have any provisions to enforce either the content standards or the transparency clauses that it seeks to accomplish with this bill.
Without those in place, there will be no noticeable difference on the ground in districts and classrooms with or without AB1468.
Furthermore, if AB1468 passes that automatically elevates ethnic studies to the same level of importance as math, science, english, history, etc. - which means that there will be no foreseeable way to continue to halt it from becoming an admissions requirement at the UC/CSU level, which would effectively mandate Liberated Ethnic Studies for anyone in the world who applies to California state universities.
ENDORSING
Jewish Legislative Caucus
JCRC-CAL
JPAC-CAL
CA Jewish Federations
CA Hillels
CA ADLs
Hadassah
IAC
OPPOSING
DUE TO LACK OF ENFORCEMENT & PROTECTIONS
Jewish Grassroots Parent Organizations (~40 groups)
Israeli-American Civic Action Network
Hindu-American Foundation
Californians for Equal Rights
OPPOSING
DUE TO FORCED TRANSPARENCY
California Teachers Association (unions)
Democratic Socialists of America (Silicon Valley Chapter)
Articles Exposing Antisemitism in Ethnic Studies
Apr 22 2025 | EdSource
Apr 10 2025 | Jerusalem Post
Mar 13, 2025 | DAILY WIRE
The Ethnic Studies Battlegrounds: Political Ideology, Teacher Unions, and a Divided Jewish Community
March 9 2025 | L'Chaim Magazine
Nov 19, 2024 | EdSource
Sept 11 2024 | Epoch Times
Sept 25, 2024 | Jewish Journal
Apr 30 2024 | City Journal
Sept 23, 2023 | RealClear Politics
Dec 19 2023 | The Free Press
Our Recent Webinars Discussing Ethnic Studies & AB1468
April 28, 2025
March 31, 2025
February 25, 2025
Here's a deeper dive into some of the major concerns around this new ethnic studies bill ...
Creation of Content Standards & Curriculum
By 2028, the State Board of Education must develop content standards for ethnic studies courses in high schools. These standards will guide what students should learn in these courses.
The Instructional Quality Commission will review and recommend curriculum frameworks and materials to be used in teaching ethnic studies.
Advisory Committee Formation: the bill stipulates an additional piece of legislation be created to form an Advisory Committee composed of experts in only four (4) main areas of ethnic studies: African American studies, Asian American and Pacific Islander studies, Native American studies, and Latino and Chicanx studies.
California school districts must submit their curriculum to be reviewed and approved based on these content standards.
Graduation Requirement Confusion & Timing Misalignment
Starting with freshman entering 9th grade in the 2025–26 school year, all high school students will be required to take a one-semester ethnic studies course to graduate.
California school districts will be required to submit their one-semester (minimum) of ethnic studies curriculum to the State Department of Education for compliance with the content standards - however: the content standards won't be completed until 2028 - leaving a gap that puts districts at a disadvantage and potentially leaving them vulnerable to litigation and controversy.
This graduation requirement can only be enforced only if the state provides the necessary funding, and as of April 2025 ethnic studies remains unfunded at the State level, making it null and void.
Both AB101 and AB1468 fail to clarify whether state funding is/will/must/could/should be provided simultaneously or if funding AB1468 would automatically trigger and/or include provisions for the funding of AB 101 (see, not confusing at all anymore - right?).
Course Content Requirements/Restrictions [ LIST OF ED CODES ]
The curriculum must be inclusive, teaching the histories and contributions of marginalized groups like African Americans, Native Americans, Latinos, and Asian Americans.
The course should not promote bias, discrimination, or religious teachings.
The courses must follow existing CA Ed Codes:
51530 ARTICLE 4. Prohibited Instruction: Advocacy or Teaching of Communism
No teacher giving instruction in any school, or on any property belonging to any agencies included in the public school system, shall advocate or teach communism with the intent to indoctrinate or to inculcate in the mind of any pupil a preference for communism.
51500 ARTICLE 1. Prohibited Instruction: Prejudices
A teacher shall not give instruction and a school district shall not sponsor any activity that promotes a discriminatory bias on the basis of race or ethnicity, gender, religion, disability, nationality, or sexual orientation, or because of a characteristic listed in Section 220.
51501. ARTICLE 1. Prohibited Instruction: Prejudices (a)
The state board and any governing board shall not adopt any textbooks or other instructional materials for use in the public schools that contain any matter reflecting adversely upon persons on the basis of race or ethnicity, gender, religion, disability, nationality, or sexual orientation, or because of a characteristic listed in Section 220.
49091 - 14. ARTICLE 1. Parental Review of Curriculum
The curriculum, including titles, descriptions, and instructional aims of every course offered by a public school, shall be compiled at least once annually in a prospectus. Each school site shall make its prospectus available for review upon request. When requested, the prospectus shall be reproduced and made available. School officials may charge for the prospectus an amount not to exceed the cost of duplication.
LACK of Oversight & Compliance
The California Department of Education (CDE) will be tasked with monitoring how well districts follow these new guidelines - but the bill does not specify exact penalties for noncompliance.
Reports will be provided every five (5) years to lawmakers to track how districts are implementing these standards.
Potential Issues
Without state funding, the ethnic studies mandate will not go into effect - however, more than 200 of the 1000 California school districts have already implemented ethnic studies with no oversight, no transparency, no enforcement of existing ed codes.
The bill excludes Jewish American history from its ethnic studies content, focusing only on a few specific marginalized groups.
The bill places the burden of monitoring content on parents, with no clear enforcement mechanisms in place to hold districts accountable for ideological bias.
Creating standalone content standards for ethnic studies in K-12 could potentially trigger the UC/CSU systems to demand that ethnic studies then also become an admissions requirement (see below for more detail).
BILL SHORTCOMINGS ANALYSIS
Lack of Oversight Enforcement
AB 1468 does not explicitly outline specific penalties or consequences for districts that fail to comply with its requirements.
However, there are certain implications and mechanisms that could be triggered in case of noncompliance.
Here's a breakdown of the relevant provisions related to compliance and the potential consequences of failure to comply:
Monitoring and Compliance
Section 60165 (as previously mentioned) requires the California Department of Education (CDE) to monitor compliance with the ethnic studies requirements, as part of the annual compliance monitoring of state and federal programs. This oversight will help ensure that districts implement ethnic studies courses according to the guidelines set by the state.
The CDE will compile data over a five-year period, which will be reported to the relevant policy and fiscal committees of the Legislature. This is part of the larger monitoring process to evaluate whether districts are meeting the standards of ethnic studies curriculum.
Lack of Explicit Penalties
The bill does not lay out a clear enforcement mechanism or set of penalties for districts that fail to offer ethnic studies courses in compliance with the state's requirements.
This lack of explicit consequences means that enforcement largely depends on the effectiveness of the CDE's monitoring system and the public accountability mechanisms such as reports to the legislature and potential legal action by concerned parties (e.g., students, parents, or civil rights organizations).
Potential Consequences of Noncompliance
While the bill does not specify exact penalties for noncompliance, several indirect consequences could arise:
Funding or Financial Repercussions
Noncompliance could result in loss of state funding or other financial penalties, especially if the state determines that a district is not meeting educational standards set forth by the state.
Failure to comply with state-mandated education requirements could potentially affect a district's eligibility for state block grants, federal Title I funding, or other educational funds.
Legal Action and Lawsuits
Parents, students, or advocacy groups could file lawsuits against districts that fail to comply with the law, particularly if students are being denied access to mandated ethnic studies courses.
Legal challenges could argue that students are not receiving an equitable education, potentially violating their rights under state or federal law, including equal protection provisions or civil rights laws.
Reputation and Public Accountability
Noncompliance with ethnic studies mandates could negatively impact the reputation of the district, particularly if complaints are raised by parents or local communities about the failure to implement required courses.
Publicly available reports from the CDE about noncompliance could pressure districts to adjust their practices to align with state standards, even if direct penalties are not initially applied.
Summary of Oversight Provisions
While AB 1468 establishes a monitoring process and requires compliance reports, it does not specify direct penalties for districts that fail to meet the ethnic studies course requirements, even though it mentions Section 60165 multiple times, making it clear that the California Department of Education (CDE) will be responsible for monitoring compliance with the ethnic studies requirements.
Additionally, the department must provide regular reports to relevant legislative committees summarizing compliance data, ensuring that districts meet the standards laid out for ethnic studies education:
The CDE will monitor compliance with ethnic studies curriculum as part of its broader annual compliance oversight.
A report will be provided to relevant policy and fiscal committees of the Legislature, summarizing data from the compliance process over a five-year period.
This system is designed to ensure that the implementation of ethnic studies courses follows state guidelines and legal mandates.
Can Ethnic Studies be Repealed?
There are a few potential factors that could render the Ethnic Studies Mandate inoperative or repealable, including several provisions within AB 1468 could delay, suspend, or nullify the ethnic studies mandate:
Mandate is Contingent Upon Legislative Funding
Without this funding, the mandate remains inactive, and schools are not legally required to implement the ethnic studies course.
Operative Clause: The requirement for schools to offer and for students to complete an ethnic studies course becomes operative only when the California Legislature allocates specific funds for this purpose in the annual Budget Act or another statute.
Implementation Challenges with Compliance at the Local Educational Agency (LEA) Level
LEAs are responsible for developing or adopting an ethnic studies curriculum. If they consistently fail to meet the state's guidelines or "guardrails", it could lead to:
State Intervention: The state might step in to enforce compliance, potentially leading to legal challenges or policy revisions.
Federal Investigation or Litigation: The Federal government could intervene as part of active Office of Civil Rights investigations into violations of the Constitutional rights of students or teachers negatively impacted by the implementation of ethnic studies in California
Legislative Reassessment: Persistent non-compliance or controversy could prompt the Legislature to reconsider or amend the requirement, possibly delaying or repealing it.
Adding Sunset & Review Provisions
While AB 1468 does not specify an automatic repeal date for the ethnic studies requirement, future legislative sessions could introduce sunset clauses or set dates for review and potential repeal based on:
Program Effectiveness: Evaluations of the ethnic studies program's impact on student outcomes.
Financial Feasibility: Assessments of the state's ability to fund the program sustainably.
Indirect Potential (Negative) Consequences
Fast-tracking ethnic studies as an admissions requirement for the UC/CSU System
By standardizing and scaling ethnic studies instruction across all high schools, this bill could lay the groundwork for UC/CSU to consider incorporating ethnic studies into their admissions framework in the future.
It makes it more likely that ethnic studies courses would be recognized as satisfying existing A–G requirements, particularly under the “A” (history/social science) or “G” (elective) categories.
Content Standards already exist in the California Ed Code - however those standards and Ed Codes are rarely enforced, meaning there is little chance AB 1468 has any effect or ability to enforce ethnic studies curriculum, even if standards were created.
Loss of Federal Funding for All California School Districts
The Federal government has been actively investigating various California school districts for civil rights violations connected to this issue, to curriculum content, and ideological indoctrination:
Alleged Antisemitic Curriculum – West Contra Costa Unified (Title VI Investigation)
In July 2024, the U.S. Department of Education’s Office for Civil Rights (OCR) opened an investigation into West Contra Costa Unified School District (near San Francisco) to determine if the district violated Title VI of the Civil Rights Act by allowing discriminatory content, possibly in its ethnic studies curriculum:
The case is classified as a potential “national origin discrimination involving religion,” indicating concerns that Jewish students (a group defined by shared ancestry or ethnicity) may have been subjected to prejudice.
While OCR has not publicly detailed the specific content under scrutiny, media reports and complaints by Jewish advocacy groups suggest the investigation likely stems from curricular material or training sessions perceived as antisemitic (for example, content portraying Israel in a one-sided, negative manner or other bias in an ethnic studies course).
This federal review is ongoing, and if violations are confirmed, the district would be required to implement remedies under OCR supervision.
In extreme cases, persistent non-compliance with Title VI can lead to loss of federal funding, though typically issues are resolved via corrective action plans.
Antisemitic Harassment of Students – OCR Complaint Against Etiwanda School District (San Bernardino Valley)
The U.S. Department of Education’s OCR is currently investigating this case and if the allegations are confirmed, the district may face corrective actions and potential loss of federal funding:
In March 2025, Jewish advocacy groups filed a federal civil rights complaint against Etiwanda School District for failing to protect a 12-year-old Jewish student from antisemitic bullying.
The student was repeatedly harassed, physically attacked, and taunted with slurs and Holocaust jokes.
The complaint alleges this neglect violated Title VI of the Civil Rights Act, which prohibits discrimination based on race or ethnicity.
The U.S. Department of Education active Investigation into California's AB 1955 law
This Federal investigation highlights the conflict between parental rights and California's gender identity policy, with significant legal and financial consequences for the state:
AB 1955 prevents schools from sharing a student's gender identity with parents without consent, a potential violation of FERPA protections.
If found in violation, California could face loss of federal funding.
This investigation illustrates the current Administrations desire to prosecute state-level violations to citizens' civil rights protections.
Antisemitic Instructional Materials – Santa Ana Unified (Settled Lawsuit)
In 2023, Santa Ana Unified School District faced a lawsuit alleging that its ethnic studies pilot curriculum contained antisemitic and politically biased content, violating anti-discrimination laws.
The case was settled in early 2024, with the district agreeing to revise the curriculum with public input, disband a controversial advisory committee, and stop working with an antisemitic consultant.
This case has sparked calls for federal oversight, highlighting the legal risks for districts using ethnic studies to promote biased or prejudiced content.
Litigation Sources
U.S. Department of Education Press Release on FERPA investigation (California parental notification law) ed.goved.gov.
Jerusalem Post (via JTA) report on California DOE finding bias in a high school ethnic studies curriculum jpost.comjpost.com.
JNS report on DOE’s OCR Title VI investigation of West Contra Costa USD for religious discrimination (antisemitism) jns.org.
Brandeis Center/Fox News coverage of Santa Ana USD antisemitic curriculum settlement brandeiscenter.combrandeiscenter.com.
StandWithUs announcement of federal antisemitism complaints (Etiwanda SD case) standwithus.comstandwithus.com.
DOJ Civil Rights Division press release on Colton JUSD ELL settlement justice.govjustice.gov.
U.S. Attorney’s Office (C.D. Cal) release on San Bernardino City USD ELL settlement justice.govjustice.gov.
Reuters report on Ninth Circuit revival of parental rights lawsuit (Chico USD transgender policy case) reuters.comreuters.com.
Becket case summary of Loffman v. CDE (special education funds and religious schools) becketfund.orgbecketfund.org.
Blind Spots to Consider
Funding Dependency: The activation of the ethnic studies requirement is explicitly tied to state funding. Without the necessary appropriations, the mandate does not take effect.
Removal of Jewish American experiences from Ethnic Studies: By confining Ethnic Studies Content Standards to only the four (4) main marginalized groups, AB 1468 is the first ethnic studies bill in California that explicitly removes Jewish American experiences from being taught.
LEA Responsibilities: Local agencies must be prepared to develop and implement the curriculum in alignment with state guidelines. Failure to do so could lead to interventions or policy changes.
Legislative Oversight: The Legislature retains the authority to amend, delay, or repeal the requirement based on various factors, including funding availability and program effectiveness.
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