BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Senator Carol Liu, Chair 2015 - 2016 Regular Bill No: AB 2016 ----------------------------------------------------------------- |Author: |Alejo | |-----------+-----------------------------------------------------| |Version: |June 1, 2016 Hearing | | |Date: June 22, 2016 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Lenin DelCastillo | | | | ----------------------------------------------------------------- Subject: Pupil instruction: ethnic studies SUMMARY This bill requires the Instructional Quality Commission (IQC) to develop, and the State Board of Education (SBE) to adopt, a model curriculum in ethnic studies, as specified. The bill also encourages school districts and charter schools to offer an ethnic studies course based on the model curriculum to students in grades 9-12. BACKGROUND Existing law: 1) Establishes the IQC, formerly known as the Curriculum Commission, as an advisory body to the SBE. The IQC is an advisory body to the SBE and is responsible for recommending curriculum frameworks, developing criteria for the evaluation of instructional materials, evaluate and recommend adoption of instructional materials. (Education Code § 33530 and § 60204) 2) Prohibits the SBE from adopting instructional materials or undertaking the work of the IQC until the 2015-16 school year. (EC § 60200.7) 3) Specifically authorizes the SBE to consider the adoption of a revised curriculum framework and evaluation criteria AB 2016 (Alejo) Page 2 of ? for history-social science. (EC § 60200.8) 4) Requires IQC to consider incorporating into the history-social science framework content on specific historical events, including the Armenian, Cambodian, Darfur, and Rwandan genocides and the Great Irish Famine of 1845 to 1850. Existing law also encourages the California Department of Education to incorporate into curriculum resources for teachers, age-appropriate materials on the Armenian, Cambodian, Darfur, and Rwandan genocides. (EC § 51226.3) 5) Requires the IQC, whenever the history-social science framework is revised, to do all of the following (as appropriate and based on the subject matter of the course): a) Receive input from civics learning experts for purposes of integrating civics learning content, concepts and skills with the standards. b) Consider how civics and history instruction includes the application of that content to develop the competence and skills needed for civic engagement. c) Ensure that voter education information is included in the American government and civics curriculum at the high school level. d) Ensure that specified historical documents are incorporated into the framework. (EC § 33540) 6) States legislative intent that when the history-social science framework is revised after January 1, 2015, the Instructional Quality Commission (IQC) consider whether and how to incorporate the College, Career, and Civic Life Framework for Social Studies State Standards into that framework. (EC § 33540) 7) Requires the IQC, during the next revision of the history-social science framework, to consider including and recommending for adoption by the State Board of Education (SBE), instruction on the election of President Barack Obama and the significance of the United States electing its first African American President. (EC § 33543) AB 2016 (Alejo) Page 3 of ? ANALYSIS This bill: 1) Provides various legislative findings and declarations regarding the importance and benefits of ethnic studies, as specified. 2) Requires the IQC to develop, and the SBE to adopt, a model curriculum in ethnic studies to ensure quality courses of study in ethnic studies. 3) Provides that the model curriculum shall be developed with participation from faculty of ethnic studies programs at universities and colleges with ethnic studies programs and a group of representatives of local educational agencies (LEAs), a majority of whom are K-12 teachers who have relevant experience or education background in the study and teaching of ethnic studies. 4) Requires the model curriculum to be written as a guide to allow school districts to adapt their courses to reflect the pupil demographics in their communities, and for the curriculum to include examples of courses offered by LEAs that have been approved as meeting the A-G admissions requirements of the University of California and the California State University, including, to the extent possible, course outlines for those courses. 5) Requires the Instructional Quality Commission to submit the model curriculum to the SBE on or before June 30, 2019 and provide 45 days for public comment prior to submittal. 6) Requires SBE to adopt the model curriculum on or before November 30, 2019. 7) Encourages school districts and charter schools for grades 9-12 that do not otherwise offer a standards-based ethnic studies curriculum to offer a course of study in ethnic studies based on the model curriculum beginning in the school year following its adoption. Provides that this AB 2016 (Alejo) Page 4 of ? course shall be offered as an elective in the social sciences or English language arts and make the course available in at least one year during a pupil's enrollment in grades 9-12. 8) Specifies the intent of the Legislature that local educational agencies (LEAs) submit course outlines for ethnic studies for approval as A-G courses. STAFF COMMENTS 1) Need for the bill. According to the author's office, "given California's annual increase in diversity, it is especially important that students build knowledge of the various racial and ethnic groups in our state. Expanding the high school curriculum to include ethnic studies will help students relate to historical events and have a better understanding of their own history and history of other neighbors. Learning of the struggles for equality will teach students what it means to be an American." The author's office further indicates that "developing ethnic studies programs in public high schools is an integral part of cultivating a classroom environment that is accepting of diverse cultures." 2) Current revision of the history-social science framework. Academic content standards define the knowledge, concepts, and skills that students should acquire at each grade level. Curricular frameworks are the blueprint for implementing the standards, and include criteria by which instructional materials are evaluated. The history-social science framework was last adopted in 2005. The revision to the history-social science framework was suspended in July 2009, and subsequently resumed in July 2014. The draft revision was released for field review in September 2014 and generated extensive public comment. The Instructional Quality Commission (IQC) also determined that more subject matter expertise was needed for certain areas, and submitted a budget request for $124,000 to hire experts through an interagency agreement. These events caused significant delays in the production of the revised framework, which was originally scheduled for adoption in May 2015. It is now expected to be adopted in the fall of 2016. AB 2016 (Alejo) Page 5 of ? A schedule once existed for the revision and updating of curricular frameworks. That schedule was suspended in 2009 when the prohibition on that process was imposed. Current law continues to reference an eight-year cycle for revisions to frameworks and the adoption of instructional materials. It is likely that the next revision of the history-social science framework will occur in several years. 3) Similar measure vetoed. AB 101 (Alejo) of 2015 was substantially similar to this bill and was vetoed by Governor Brown, whose message read: This bill would require the Superintendent of Public Instruction to oversee the development of a model curriculum in ethnic studies for adoption by the State Board of Education. This bill creates what is essentially a redundant process. The Instructional Quality Commission is in the midst of revising the History-Social Science Framework, which includes guidance on ethnic studies courses. Creating yet another advisory body specific to ethnic studies would be duplicative and undermine our current curriculum process. To address the veto message of AB 101, the author has introduced this measure which now requires the Instructional Quality Commission (IQC) to develop the model curriculum, rather than a separate advisory committee. 4) Is the bill necessary? Current law provides for the IQC to advise on curriculum and instructional materials. In addition, various Education Code provisions already call for the incorporation of curriculum, textbooks and materials which highlight the role and contribution of various ethnic groups in California and United States history, and the existing history social-science framework AB 2016 (Alejo) Page 6 of ? for grades K-12 identifies ethnic studies as an elective course of study for grades 9-12. Further, several school districts have already made completion of a course in ethnic studies a local graduation requirement, including the Los Angeles Unified School District, 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. As such, the Committee may wish to consider whether a state prescribed model curriculum in ethnic studies as proposed by this measure is necessary. According to data reported by the California Department of Education (CDE), 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. However, only 108 of the 435 social science courses and 97 of the 137 language arts courses were identified as approved A-G courses. 5) Model curriculum. The Superintendent of Public Instruction (SPI) is required to develop or revise a model curriculum on the life and work of Cesar Chavez and submit the model curriculum to the State Board of Education (SBE) for adoption. The SPI is required to distribute the model curriculum to each school upon adoption. The Model Curriculum for Human Rights and Genocide, adopted by the SBE, is to be made available to schools serving grades 7-12 when funding is available, and requires the Model Curriculum to be available on the CDE's Web site. Ethnic studies courses are taught in different disciplines such as history, social sciences, and literature. For example, Montebello Unified School District offers a history elective called "Mexican American Studies" and an English/Language Arts elective called "African American Literature" while the San Francisco Unified School district offers a social studies elective called "Asian American History." This bill does not specify the types of courses that are to AB 2016 (Alejo) Page 7 of ? be included in the model curriculum. Presumably, the advisory committee that the bill proposes to establish would be tasked with this effort which could be challenging given the various disciplines and broad spectrum of courses to choose from. 6) A-G requirements. Typically, California high schools submit their courses to the University of California (UC) for A-G review during the annual "A-G" update cycle. There is subject area course criteria that must be met and can include prerequisite work, substantial reading and writing, and laboratory activities. Once approved, the courses are added to the school's official "A-G" course list maintained by the UC. 7) Fiscal impact. According to the Assembly Appropriations Committee, this bill would result in unknown potentially reimbursable Proposition 98/General Fund state mandated costs for certain school districts to offer ethnic studies elective courses to students in grades 9-12. There are approximately 1,400 schools that serve grades 9-12 that do not currently provide ethnic studies courses. Assuming each school must hire one teacher at an average cost of $75,000, statewide costs could exceed $100 million. This estimate does not include additional costs for instructional materials. 8) Related and prior legislation. AB 101 (Alejo, 2015) would have required the Superintendent of Public Instruction (SPI) to oversee the development of a model curriculum in ethnic studies, and establish an advisory committee on ethnic studies to make recommendations on the development of the curriculum. As indicated in Comment No. 3, this bill was vetoed by the Governor. AB 104 (Committee on Budget, Chapter 13, Statutes of 2015), among other things, imposes a fee on publishers who submit history-social science materials to the State Board of Education (SBE) for consideration. AB 740 (Weber, 2015) requires the SPI to recommend to the SBE, by January 1, 2017, a schedule for the regular update AB 2016 (Alejo) Page 8 of ? of academic content standards in all subjects for which standards have been adopted by the SBE. The schedule must be aligned to the current eight-year cycle of curriculum framework updates and instructional materials adoptions. This bill failed passage in the Senate Appropriations Committee. AB 1750 (Alejo, 2014) would have required the Instructional Quality Commission to evaluate existing standards, curricula, programs, and training regarding ethnic studies at the high school level. This bill failed passage in the Senate Appropriations Committee. SB 1214 (Cedillo, 2008) required the SBE to provide for such inclusion when it next revises and adopts the curriculum for the history-social science framework and instructional materials on or after January 1, 2009. SB 1214 was vetoed by the Governor, whose veto message read: I vetoed a substantively similar bill two years ago on this issue, and I have consistently vetoed legislation that has attempted to mandate specific details or events into areas of instruction. The State Board of Education adopted content standards are developed by a diverse group of experts and are intentionally broad in order to allow coverage of various events, developments, and issues. I continue to believe that the State should establish rigorous standards and frameworks, but refrain from being overly prescriptive in specific school curriculum. SUPPORT American Association of Blacks in Higher Education American Federation of State, County and Municipal Employees Association of Raza Educators-Sacramento Chapter California Faculty Association California Immigrant Policy Center California School Boards Association California Teachers Association League of California Cities Latino Caucus AB 2016 (Alejo) Page 9 of ? Los Angeles LGBT Center Los Angeles Unified School District Mexican American Legal Defense and Education Fund National Action Network San Diego National Association for Ethnic Studies San Francisco Unified School District SIATech California Letters from individuals OPPOSITION California Right to Life Committee -- END --