Unpacking the Loophole: What the CDCR's Disapproval Process Means for New Tonalpohualli Publications

The California Department of Corrections and Rehabilitation (CDCR) recently added the Mexican Count of Days for the Year 13 House by Kurly Tlapowaya and Ruben Ochoa to its Centralized List of Disapproved Publications. This publication, based on the ancient Tonalpohualli calendar, issues a new Tonalamatl every year and has become a vital tool for teaching incarcerated men and women about the sacred calendar. The ban has sparked frustration among educators and advocates, including Jennifer Xochitl Lacy, founder of Fuego Sagrado Botanica, who uses this calendar in her prison correspondence courses alongside books like Aztec Thought and Culture by Miguel Leon Portilla, Toltec Recapitulation by Victor Sanchez, and Cleansing Rites of Curanderismo by Erika Buenaflor.

While examining the appeal process for this ban, a significant loophole emerged. Understanding this loophole sheds light on how future issues of the Tonalpohualli calendar might still reach incarcerated learners despite the current disapproval.

How the CDCR Disapproval Process Works

The CDCR maintains a Centralized List of Disapproved Publications to regulate materials accessible to incarcerated individuals. When a publication appears on this list, it is generally banned within the prison system. However, the process for disapproval is not automatic for every new issue of a publication.

Each new issue of a publication is treated as a separate entity. This means:

• Individual Review: Every new issue must undergo a review to determine if its content violates CDCR policies. The review looks for violent content, security threats, or lack of serious value.

• Specific Documentation: The disapproval list specifies the exact title, author, publisher, and year or issue of the publication that was disapproved. A new issue requires its own entry and justification to be banned.

  
  

This approach means that although the Mexican Count of Days for the Year 13 House is currently disapproved, the CDCR must review each new Tonalamatl calendar issue individually before banning it.

Why This Loophole Matters for Tonalpohualli Publications

The Tonalpohualli calendar is a sacred Mesoamerican system that renews annually. Each year’s Tonalamatl is a new publication with unique content. Because the CDCR’s disapproval process requires a case-by-case review, the ban on one year’s calendar does not automatically extend to the next.

This loophole offers a critical opportunity for educators and advocates to continue sharing this cultural knowledge with incarcerated people. It means:

• New Issues Can Be Submitted for Review: Each new calendar can be presented as a distinct publication, potentially passing the review if it does not violate policies.

• Ongoing Access to Cultural Education: The sacred calendar can remain a teaching tool, supporting cultural identity and education inside prisons.

• Potential for Dialogue: Advocates can engage with the CDCR during the review process to explain the calendar’s educational and cultural value.

  
  

The Impact on Prison Education and Cultural Preservation

Jennifer Xochitl Lacy and others have expressed frustration over the ban because the calendar plays a vital role in their prison correspondence courses. These courses use the Tonalpohualli calendar alongside other culturally significant texts to help incarcerated individuals connect with their heritage and spirituality.

The ban disrupts this educational work and limits access to materials that foster personal growth and cultural understanding. Yet, the loophole in the disapproval process offers a way forward:

• Preserving Sacred Knowledge: The annual renewal of the calendar means each issue can be evaluated on its own merits, allowing continued access if it meets guidelines.

• Supporting Rehabilitation: Cultural education has been shown to support rehabilitation by strengthening identity and community ties.

• Encouraging Policy Review: The loophole highlights the need for clear, fair policies that respect cultural materials while maintaining security.

  
  

What Advocates Can Do Next

Understanding the CDCR’s process empowers advocates to take strategic steps:

• Provide Context and Support: Include detailed explanations of the calendar’s cultural and educational importance during the review.

• Engage in the Appeal Process: If a new issue is disapproved, use the appeal process to challenge the decision with evidence and expert testimony.

• Build Awareness: Educate the public and policymakers about the value of cultural materials in prison education.

  
  

Final Thoughts

The CDCR’s decision to disapprove the Mexican Count of Days for the Year 13 House has created a significant challenge for those teaching the sacred Tonalpohualli calendar in prisons. Yet, the disapproval process itself contains a loophole that treats each new calendar issue as a separate publication requiring individual review. This means that future editions of the calendar can still be submitted, reviewed, and potentially approved for use.

For educators, advocates, and incarcerated learners, this loophole offers hope. It allows the continuation of cultural education that supports identity, healing, and growth. The next step is to use this understanding to navigate the review process effectively and ensure that the sacred calendar remains accessible to those who seek it.