BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 2016            
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          |Author:    |Alejo                                                |
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          |Version:   |June 1, 2016                              Hearing    |
          |           |Date:    June 22, 2016                               |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Lenin DelCastillo                                    |
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          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  







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               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)








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            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  








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               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.  








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             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  








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               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  








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               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  








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               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








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          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

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