Amended in Assembly January 4, 2016

Amended in Assembly April 22, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 100

Introduced by Assembly Member Alejo

January 8, 2015

begin delete An act to add Section 8924.7 to, and to add Chapter 1.5 (commencing with Section 8050) to Division 1 of Title 2 of, the Government Code, relating to state government. end delete begin insert An act to add Section 51226.7 to the Education Code, relating to pupil instruction. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 100, as amended, Alejo. begin delete California Law Fellowship Program. end delete begin insert Pupil instruction: ethnic studies. end insert

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Existing law requires the adopted course of study for grades 7 to 12, inclusive, to include, among other subjects, the social sciences. Existing law requires the State Board of Education, with the assistance of the Superintendent of Public Instruction, to establish a list of textbooks and other instructional materials that highlight the contributions of minorities in the development of California and the United States. Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, recommend curriculum frameworks to the state board.

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This bill would require the Superintendent to oversee the development of, and the state board to adopt, a model curriculum to ensure quality courses in ethnic studies. The bill would require the Instructional Quality Commission to advise, assist, and make recommendations to the Superintendent regarding the development of the model curriculum. The bill would, beginning the school year following the adoption of the model curriculum, require each school district maintaining grade 9 to offer to all otherwise qualified pupils in that grade, as an elective in the social sciences, a course of study in ethnic studies based on the model curriculum. By imposing additional duties on school districts, the bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Existing law authorizes certain internship and fellowship programs, as specified.

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This bill would establish the California Law Fellowship Program for the purpose of offering licensed attorneys and other qualifying law school graduates limited-term placements in public sector positions within state government as California Law Fellows, and encouraging each fellow to seek permanent public-sector employment at the conclusion of his or her fellowship, as specified.

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Existing law, commonly known as the Code of Ethics, prohibits a Member of the Legislature or an employee of either house of the Legislature from receiving or agreeing to receive, directly or indirectly, any compensation, reward, or gift from any source except the State of California for any service, advice, assistance, or other matter related to the legislative process, except for specified circumstances.

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This bill would provide that the services of a California Law Fellow are not compensation, a reward, or a gift to a Member of the Legislature for purposes of the so-called Code of Ethics. The bill would also provide that a participant in the program is not an employee of either house of the Legislature for purposes of the Code of Ethics.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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The Legislature finds and declares all of the
following:

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(a) The State of California is committed to providing excellent
educational opportunities to all of its pupils.

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(b) There are 92 languages other than English spoken
throughout the state, with the primary languages being Arabic,
Armenian, Cantonese, Korean, Russian, Spanish, Tagalog, and
Vietnamese.

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(c) There is a growing body of academic research that shows
the importance of culturally meaningful and relevant curriculum.

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(d) Based on the National Education Association (NEA)
publication, The Academic and Social Value of Ethnic Studies, the
inclusion of ethnic studies in a curriculum has a positive impact
on pupils of color.

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(e) Ethnic studies benefit pupils in observable ways, such as
pupils becoming more academically engaged, increasing their
performance on academic tests, improving their graduation rates,
and developing a sense of self-efficacy and personal empowerment.

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(f) The state’s educational standards should be guided by core
values of equity and inclusiveness, and should reflect universally
high expectations.

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(g) The state is committed to its efforts to provide all pupils with
excellent educational opportunities, without regard to race, gender,
ethnicity, nationality, income, sexual orientation, or disability.

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(h) The state is committed to its obligation to ensure its youth
are college prepared and career ready, while graduating 100
percent of its pupils.

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(i) The implementation of various ethnic studies courses within
California’s curriculum that are A-G approved, with the objective
of preparing pupils to be global citizens with an appreciation for
the contributions of multiple cultures, will close the achievement
gap, reduce pupil truancy, increase pupil enrollment, reduce
dropout rates, and increase graduation rates.

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(j) The state should support efforts in recruiting and retaining
teachers who have relevant experience and educational
background in the study or teaching of ethnic studies.

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begin insert SEC. 2. end insert   

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begin insert Section 51226.7 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

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begin insert 51226.7. end insert   

(a) The Superintendent shall oversee the development
of, and the state board shall adopt, a model curriculum to ensure
quality courses of study in ethnic studies through partnerships
with universities with ethnic studies programs. The model
curriculum shall meet the A-G approval requirements of the
Regents of the University of California.

(b) On or before the beginning of the 2017-18 school year, the
Instructional Quality Commission shall advise, assist, and make
recommendations to the Superintendent regarding the development
of the model curriculum pursuant to subdivision (a).

(c) Beginning the school year following the adoption of the
model curriculum pursuant to subdivision (a), each school district
maintaining grade 9 shall offer to all otherwise qualified pupils
in that grade, as an elective in the social sciences, a course of
study in ethnic studies based on the model curriculum.

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begin insert SEC. 3. end insert   

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If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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SECTION 1.  

The Legislature finds and declares all of the
following:

(a) California has the eighth largest economy in the world, and
its laws have a far-reaching impact on individuals, entities, and
organizations within the state and throughout the world.

(b) Because of its extraordinary economic impact and leadership
on timely issues, California’s statutory framework and legal
structures have a national and global impact.

(c) Rapid technological and societal advances require the
development of public policy in new and evolving areas.

(d) State government officials must make informed policy
decisions about issues that have increasingly complex and
interrelated legal components.

(e) California is home to some of the world’s most prestigious
universities and law schools.

(f) California is currently facing one of the largest surpluses of
recent law school graduates in the nation, and the unique education
and training of these skilled graduates could greatly assist the state
government in its work.

(g) Only approximately 5 percent of attorneys nationwide work
for state governments, meaning that the nation’s state governments
derive insufficient benefit from those attorneys’ legal training and
expertise.

(h) Approximately 36 percent of attorneys working for the State
of California are 55 years of age or older; therefore, California
must encourage attorneys to enter public service to fill vacancies
as those attorneys retire.

(i) The establishment of a law fellowship program in California
will enable the state to capitalize on the experience of its law school
graduates for the betterment of its government.

SEC. 2.  

Chapter 1.5 (commencing with Section 8050) is added
to Division 1 of Title 2 of the Government Code, to read:

 

Chapter  1.5. California Law Fellowship Program

 

8050.  

(a) The California Law Fellowship Program is hereby
established.

(b) The purpose of the program is to offer licensed attorneys
and other qualifying law school graduates limited-term placements
in public sector positions within state government.

(c) The program shall provide each California Law Fellow with
the opportunity to work in the public sector and shall encourage
each participant to seek permanent public-sector employment at
the conclusion of the fellowship.

(d) The Legislature requests that The University of the Pacific
McGeorge School of Law, in consultation with California law
schools accredited by the American Bar Association, and with any
other appropriate person or entity, do all of the following with
respect to the California Law Fellowship Program:

(1) Create the program to provide law graduates a post-graduate
educational experience and provide the Legislature and other
governmental entities with legal assistance and advice.

(2) House and administer the program, including managing
funding and processing applications.

(e) A California Law Fellow’s placement with a state agency
shall be contingent on that agency’s acceptance of the fellow,
according to criteria adopted by the participating state agency for
purposes of the program.

(f) (1) It is the intent of the Legislature that participation in the
program by an attorney or other qualifying law school graduate,
by a state agency, or by a public official within a state agency shall
not constitute a gift of public money or thing of value for purposes
of Section 6 of Article XVI of the California Constitution, a gift
for purposes of the Political Reform Act of 1974 (Title 9
(commencing with Section 81000)), or a gift, bequest, or favor for
purposes of the Code of Judicial Ethics adopted pursuant to
subdivision (m) of Section 18 of Article VI of the California
Constitution.

(2) To the extent feasible, the program shall be designed and
administered to accomplish the Legislature’s intent as specified
in this subdivision.

(g) State funds shall not be used to administer the program.

(h) For purposes of this section:

(1) “California Law Fellow” means a participant in the program.

(2) “Program” means the California Law Fellowship Program.

(3) “Qualifying law school graduate” means a recipient of a law
degree from a law school accredited by the American Bar
Association.

SEC. 3.  

Section 8924.7 is added to the Government Code, to
read:

8924.7.  

(a) The Legislature finds and declares that the
California Law Fellowship Program, established pursuant to
Chapter 1.5 (commencing with Section 8050) of Division 1,
establishes a formal fellowship program that provides substantial
public benefits to the Legislature as a participating state agency.

(b) The services of a California Law Fellow, whose placement
with the Legislature is duly authorized by the Senate Committee
on Rules, the Assembly Committee on Rules, or the Joint
Committee on Rules, as appropriate, are not compensation, a
reward, or a gift to a Member of the Legislature for purposes of
paragraph (4) of subdivision (b) of Section 8920.

(c) A California Law Fellow, whose placement with the
Legislature is duly authorized by the Senate Committee on Rules,
the Assembly Committee on Rules, or the Joint Committee on
Rules, as appropriate, is not an employee of either house of the
Legislature for purposes of this article.

(d) For purposes of this section, a California Law Fellow is
“duly authorized by the Senate Committee on Rules, the Assembly
Committee on Rules, or the Joint Committee on Rules” only if
both of the following requirements are satisfied:

(1)  The California Law Fellow has been selected according to
criteria, and pursuant to a process, approved by the Senate
Committee on Rules, the Assembly Committee on Rules, or the
Joint Committee on Rules.

(2) The program has executed an agreement with the Senate
Committee on Rules, the Assembly Committee on Rules, or the
Joint Committee on Rules whereby the California Law Fellow is
bound to abide by standards of conduct, economic interest
disclosure requisites, and other requirements specified by the
Senate Committee on Rules, the Assembly Committee on Rules,
or the Joint Committee on Rules.

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