AB 84: A Legal Liability in the Making for California

Assembly Bill 84 isn’t just flawed policy, it’s a constitutional risk, and one that could come with a multi-million-dollar price tag for the State of California.

This bill threatens far more than charter schools. It threatens families' civil rights, educational freedom, and the legal integrity of our public education system. If passed, AB 84 could face immediate legal challenges rooted in the First and Fourteenth Amendments of the U.S. Constitution, along with violations of California’s own education laws.

Should those challenges succeed, California could be forced to:

• Defend itself in federal court, costing taxpayers millions
• Pay damages to affected students and schools
• Delay or dismantle implementation of the law
• And once again face national scrutiny for failing to protect vulnerable learners
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Lawmakers Need to Ask Themselves:
Is This the Hill to Die on?

When educational choice is protected by both constitutional rights and state statute, any law that tries to erase those choices becomes a legal liability, not a solution.

This article explores the real risks of AB 84, including:

• Parental rights and freedom of educational expression
• Equal protection for marginalized learners
• California law and precedent on public school access
• What legal action could mean for the state if the bill becomes law

Let’s make one thing clear: If lawmakers won’t listen to families, they may have to answer to the courts.

We encourage families to speak respectfully and confidently with their legislators about these concerns. Many lawmakers are not aware that AB 84 may violate civil rights or open the state to constitutional litigation. By calmly explaining how the bill could infringe on parental rights, educational access, and equal protection, families can help legislators see the bigger picture, not just the politics, but the potential legal fallout. Your voice matters, and when delivered with clarity and respect, it becomes a powerful force for change.

‍Talking Points:
Civil Rights & Constitutional Concerns with AB 84

1. AB 84 violates the First Amendment
   
   • Parents have the right to choose educational models that align with their values and beliefs
     
   • Charter schools that support personalized, parent-directed learning are a form of educational expression and association
     
   • Restricting or dismantling these models may infringe upon protected freedoms under the First Amendment
     
2. AB 84 raises serious Fourteenth Amendment concerns
   
   • The bill could disproportionately harm families who rely on non-classroom-based (NCB) charter schools, often students with disabilities, students from marginalized communities, or those needing flexible learning environments
     
   • Limiting access to these programs may violate the Equal Protection Clause and Due Process rights under the 14th Amendment
     
3. California law supports parent choice and educational alternatives
   
   • Current California Education Code upholds various legal educational options, including independent study and non-classroom-based charter schools
     
   • AB 84 could be challenged for undermining these legally recognized pathway
     
4. AB 84 may open the state to lawsuits
   
   • If passed, AB 84 is likely to face costly legal challenges based on civil rights and constitutional claims
     
   • Rather than improving accountability, it creates a legal and financial liability for the state, diverting resources away from students
     
5. Educational access is a civil right
   
   • Public education should be flexible enough to serve all students, not just those who fit into a traditional model
     
   • AB 84 punishes students who need something different, creating a two-tiered system that denies equal opportunity

‍When Can Legal Action Begin?‍

Although AB 84 is deeply flawed and likely unconstitutional, legal action cannot be taken while it's still a bill. The law must first be passed by the Legislature, signed by the Governor, and reach its effective date. Only after it becomes law can families, schools, or advocacy groups file lawsuits or seek injunctive relief. Until then, the most powerful action we can take is to speak out and educate legislators about the harm this bill will cause.

Sample Letter:
Civil Rights and Constitutional Concerns with AB 84

Subject: Oppose AB 84 – A Civil Rights and Constitutional Misstep

Dear [Legislator’s Name],

As a California resident, parent, and education advocate, I’m writing to strongly oppose Assembly Bill 84. This legislation is not only misguided in its approach to accountability, but it also presents serious constitutional and civil rights concerns.

AB 84 risks violating both the First and Fourteenth Amendments of the U.S. Constitution by restricting educational choice, disproportionately impacting vulnerable student populations, and limiting the rights of families to select public educational models that meet their needs.

Non-classroom-based charter schools serve thousands of students who cannot thrive in traditional classrooms, students with disabilities, health concerns, or mental health needs; students from diverse backgrounds who require flexibility; and families who choose personalized education aligned with their values. AB 84 targets these students, limiting their options and creating discriminatory barriers to access.

Additionally, California law recognizes multiple legal public school options, including independent study and non-classroom-based charter schools. AB 84 undermines those options and opens the state to significant legal risk, including civil rights litigation that will be costly to defend and morally difficult to justify.

Public education should be inclusive, flexible, and responsive to student needs. AB 84 does the opposite; it restricts, punishes, and divides.

Please vote NO or abstain on AB 84. Protect educational freedom, uphold the Constitution, and stand with California’s diverse public school families.

Sincerely,

[Your Full Name]

‍Not Sure Who Represents You?

Use this tool to find your California State Assemblymember and Senator: https://findyourrep.legislature.ca.gov/

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What to do if Your Assembly or Senate Seat is Vacant

If your Assemblymember or State Senator seat is currently vacant, you still have a voice and it deserves to be heard. When you don’t have direct representation, it’s important to contact the leadership of each chamber and ask them to represent your region’s concerns.

Step 1: Let them know you don’t currently have a representative due to a vacancy.

Step 2: Ask them to oppose AB 84 on your behalf as a resident and voter in California.

Step 3: Be sure to include your ZIP code and city so your concern is logged for your region.

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Speaker of the Assembly – Robert Rivas

• Mailing Address:
  State Capitol
  P.O. Box 942849
  Sacramento, CA 94249-0029
• Phone: (916) 319-2029
• Fax: (916) 319-2129‍
• Website: speaker.asmdc.org

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Senate President pro Tempore – Mike McGuire

• Office Address:
  1021 O Street, Suite 8518
  Sacramento, CA 95814
• Phone: (916) 651-4002
• Website: sd02.senate.ca.gov

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