BILL ANALYSIS Ó AB 101 Page 1 Date of Hearing: March 25, 2015 ASSEMBLY COMMITTEE ON EDUCATION O'Donnell, Chair AB 101 (Alejo) - As Amended March 18, 2015 SUBJECT: Pupil instruction: ethnic studies SUMMARY: This bill requires the development of a model curriculum in ethnic studies, establishes an advisory committee on ethnic studies, and requires that all school districts serving students in grades 7-12 students offer ethnic studies as an elective course. Specifically, this bill: 1) Makes findings and declarations relating to the importance of instruction in ethnic studies. 2) Requires the Superintendent of Public Instruction to oversee the development of a model curriculum and other support systems to ensure quality courses in partnerships with universities with ethnic studies programs. 3) Requires that the model curriculum meet the A-G approval requirements of the Regents of the University of California. 4) Requires the State Board of Education (SBE) to adopt the model curriculum. AB 101 Page 2 5) Requires the Superintendent of Public Instruction to establish an Ethnic Studies Advisory Committee, made up of relevant stakeholders, including students, parents, state personnel, ethnic studies scholars, university professors, and teachers with ethnic studies experience. 6) Requires that the Committee be comprised of a majority of educators with experience in teaching ethnic studies from high schools and institutions of higher education. 7) Requires the Advisory Committee to advise, assist, and make recommendations to the State Board of Education on programs, curriculum content, and other issues related to ethnic studies. 8) Requires, by June 30, 2016, the Superintendent to submit to the board a plan to implement this section. 9) Requires school districts enrolling students in grades 7-12, in the school year following the adoption of the model curriculum, to offer to its students as an elective course, a course of study in ethnic studies based on the model curriculum. EXISTING LAW: 1) Requires local educational agencies (LEAs) to adopt a course of study for grades 7-12 which includes English, mathematics, science, history-social studies, and other subjects. 2) Establishes the Instructional Quality Commission (IQC) and requires, upon request by the State Board of Education, that it make recommendations on courses of study. AB 101 Page 3 3) Requires the California Department of Education to develop model curricula on a variety of topics, including the life of Cesar Chavez, and human rights and genocide. FISCAL EFFECT: Unknown COMMENTS: Curriculum, standards, frameworks, and model curricula. California's public school curriculum is based on content standards in various subjects, including English-Language Arts, Mathematics, Science, History-Social Science, Physical Education, English Language Development, Career Technical Education, Health Education, World Languages, and Visual and Performing Arts. These standards are developed by the IQC through a public process, and are adopted by the State Board of Education. The IQC sets standards form the basis of California's curriculum frameworks, documents which guide the implementation of these standards. The frameworks establish criteria used to evaluate instructional materials. These criteria are used to select, through the state adoption process, instructional materials for kindergarten through grade eight. Frameworks also guide district selection of instructional materials for grades nine through twelve. In addition to developing curricula in the above subjects, the Superintendent of Public Instruction is sometimes directed by law to develop model curricula on different topics, such as those on the life of Cesar Chavez, and human rights and genocide. Ethnic studies course outlined in draft History-Social Science framework. The draft History-Social Science Framework developed by the IQC, describes high school elective courses in ethnic AB 101 Page 4 studies as follows: Ethnic studies is an interdisciplinary field of study that encompasses many subject areas including history, literature, economics, sociology, and political science, among others. In this course, students focus on an in-depth comparative study of the history, politics, culture, contributions, challenges, and current status of ethnic groups in the United States. It is also important for students to learn the national origins of ethnic groups and their transnational linkages. In Ethnic Studies, students examine the process of racial and ethnic formation of ethnic minorities in a variety of contexts: political, legal, social, historical, economic, and cultural. The course concentrates, to a great extent, on the experiences of various ethnic minorities in the United States and the ways in which their experiences were impacted by the issues of race, ethnicity, class, gender, and the interaction among different ethnic groups. Students will also address how individuals within specific ethnic groups think and feel about themselves and their group as it can be represented by literature, memoirs, art, and music. To understand ethnic identity in their local communities, students can volunteer with local community organizations and centers that serve specific ethnic populations. History-social science framework adoption delayed. The History-Social Science standards currently in use were adopted in 1998, and the most recent framework was published in 2005. The Curriculum Commission (now the IQC) began work revising the History-Social Science Framework in January of 2008. A significant amount of the process had been completed (focus groups, selection of evaluation criteria committee members, five drafting meetings) when in 2009 the state's fiscal emergency led to a statutory suspension (Chapter 2, Statutes of 2009, Fourth Extraordinary Session) of instructional materials adoptions and framework revisions until the 2013-14 school year. That suspension was later extended until the 2015-16 school year AB 101 Page 5 (Chapter 7, Statutes of 2011). The IQC began work again on the revision in July, 2014, and released the draft History-Social Science framework for field review in September, 2014. The draft generated extensive public comment it generated (nearly 700 comments). The IQC also determined that more subject matter expertise was needed certain areas (including some mandated for inclusion by legislation), and submitted a budget request for $124,000 to hire experts through an interagency agreement. These events have caused significant delays in the production of the revised framework. Originally scheduled for adoption in May, 2015, this framework is now set to be recommended to the State Board by March 2016, with final publication in fall, 2016. Most ethnic studies courses reported as not meeting A-G requirements. According to data reported by the California Department of Education, 8,129 students were enrolled in ethnic studies courses in the 2012-13 school year. Of those, 4,379 students were enrolled in 435 social science ethnic studies courses in 100 schools, and 3,750 students were enrolled in 137 language arts (ethnic literature) courses in 49 schools. Notably, only 108 of the 435 social science courses and 97 of the 137 language arts courses were identified as approved A-G courses. Trend toward local ethnic studies graduation requirements. Several school districts have recently made completion of a course in ethnic studies a local graduation requirement. Among them are Los Angeles Unified School District (which also resolved that the total number of credits required for graduation would not increase), Montebello Unified School District, and El Rancho Unified School District. San Francisco Unified School District has resolved to offer ethnic studies courses at all high schools, and explore ways create such a graduation requirement in the next five years. AB 101 Page 6 Research on academic value of ethnic studies. A review by the National Education Association<1> found that "there is considerable research evidence that well-designed and well-taught ethnic studies curricula have positive academic and social outcomes for students. Curricula are designed and taught somewhat differently depending on the ethnic composition of the class or school and the subsequent experiences students bring, but both students of color and White students have been found to benefit from ethnic studies. An analysis<2> related to the Arizona case described below found "a consistent, significant, positive relationship between [Mexican American Studies] participation and student academic performance." Arizona law bans ethnic studies. In 2010 Arizona's Governor signed legislation prohibiting school districts from offering ethnic studies courses. This legislation was aimed at eliminating Mexican American studies courses taught in the Tuscon public schools. A federal judge upheld most of this law in 2013, and the case is currently under appellate review in the 9th U.S. Circuit Court of Appeals. Requirement to offer ethnic studies courses. This bill requires LEAs with students in grades 7-12 to offer a course in ethnic studies in once one has been adopted by the SBE. This Committee has approved many measures authorizing the development of model curricula, including model curricula on the --------------------------- <1> Sleeter, Christine. The Academic and Social Value of Ethnic Studies: A Research Review. National Education Association, 2011. <2> Cabrera, Nolan L. et al. An Empirical Analysis of the Effects of Mexican American Studies Participation on Student Achievement within Tuscon Unified School District. AB 101 Page 7 life of Cesar Chavez, human rights and genocide, computer science, career technical education, environmental studies, and financial literacy. These bills typically require the development of a model curriculum, developed by the CDE and adopted by the SBE, and made available to school districts, which may use it as they so choose. This Committee does not typically hear legislation which would require school districts to offer specific elective courses. Requirements to offer elective courses are not generally seen as the purview of the Legislature, which sets broad requirements for courses of study and graduation requirements, and authorizes the development of content standards to which instruction and materials should be aligned, but leaves the decision of which elective courses to offer to local school districts. School districts can and are offering ethnic studies courses. As noted above, many are exceeding the requirements of this bill by not only offering ethnic studies but making completion a graduation requirement. When the revised History-Social Science framework is approved, districts will be encouraged, by the course outline quoted above, to offer ethnic studies courses. The availability of a well-designed A-G aligned model curriculum could be a valuable resource to those districts offering and requiring ethnic studies, and may further encourage the offering of these courses. Which courses would be developed? Ethnic studies courses are taught in different disciplines (often history, social sciences, and literature) and cover varied content (often ethnic-specific). Montebello Unified School District offers a history elective called "Mexican American Studies" and an English/Language Arts elective called "African American Literature." Oakland Unified School District offers a history-social science elective course titled "African American History" and Los Angeles Unified School District offers an English/language arts course titled "Mexican AB 101 Page 8 American Literature." San Francisco Unified School district offers a social studies elective called "Asian American History," a year-long course taught in Chinese titled "Asian American Studies," as well as a social studies elective titled "Ethnic Studies." This bill does not indicate the kinds of courses that are to be contained in the model curriculum it requires, but suggests that this would be the job of the advisory committee to determine. This ambiguity could make the task of writing the model curriculum challenging, and make the requirement that school districts offer a course in the first school year after the curriculum was adopted extremely difficult. Accordingly, staff recommends that the bill be amended to clarify the scope of the model curriculum to be developed. Prior legislation. AB 1750 (Alejo) of the 2013-14 Session, which was approved by this committee by a 5-1 vote, would have required the Instructional Quality Commission to identify a model curriculum on ethnic studies at the high school level. That bill was held in the Senate Appropriations Committee. AB 2001 (Diaz) of the 2001-02 Session would have required the Curriculum Development and Supplemental Materials Commission (now the Instructional Quality Commission) to identify model programs, standards, and curricula for ethnic studies at the high school level. This bill was vetoed by the Governor, who stated that existing law, teacher training, and curriculum already addressed this topic. Questions the Committee may wish to consider: 1)School districts are currently challenged by significant changes in core subject content standards, instructional AB 101 Page 9 methods, instructional materials, assessments, and school finance and accountability. California still ranks among the lowest of the states in spending per student. Is this the right time for the state to institute significant requirements such as this one? 2)In the current era of local control, it is appropriate for the state to mandate which elective courses must be offered? 3)Outside of setting broad courses of study, graduation requirements, and offering model curricula, should the Legislature be involved in mandating public school curriculum? REGISTERED SUPPORT / OPPOSITION: Support American Federation of State, County and Municipal Employees, AFL-CIO California Immigrant Policy Center California Teachers Association Ethnic Studies Now Coalition Santa Barbara Unified School District Social Justice Education Coalition, UC Davis AB 101 Page 10 Opposition None received on this version of the bill Analysis Prepared by: Tanya Lieberman/ED./319-2087