Bill Text: CA AB1805 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Instructional materials: history-social science: Mendez v. Westminster School District of Orange County.
Spectrum: Slight Partisan Bill (Democrat 16-10)
Status: (Passed) 2024-09-20 - Chaptered by Secretary of State - Chapter 302, Statutes of 2024. [AB1805 Detail]
Download: California-2023-AB1805-Amended.html
SEC. 2. Section 60605.12 is added to the Education Code , to read: 60605.12.
Bill Title: Instructional materials: history-social science: Mendez v. Westminster School District of Orange County.
Spectrum: Slight Partisan Bill (Democrat 16-10)
Status: (Passed) 2024-09-20 - Chaptered by Secretary of State - Chapter 302, Statutes of 2024. [AB1805 Detail]
Download: California-2023-AB1805-Amended.html
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Amended
IN
Assembly
April 01, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1805
| Introduced by Assembly Member Ta (Principal coauthor: Assembly Member Bonta) (Coauthors: Assembly Members Addis, Alanis, Alvarez, Wendy Carrillo, Chen, Essayli, Flora, Vince Fong, Lackey, Low, Muratsuchi, Pacheco, Jim Patterson, Reyes, and Sanchez) (Principal coauthor: Senator Umberg) |
January 08, 2024 |
An act to add Section 60605.12 to amend Section 51226.3 of the Education Code, relating to pupil instruction.
LEGISLATIVE COUNSEL'S DIGEST
AB 1805, as amended, Ta.
Academic content standards: Instructional materials: history-social science: Mendez v. Westminster School District of Orange County.
Existing law requires the State Board of Education to adopt statewide academically rigorous content standards and performance standards in the core curriculum areas of reading, writing, mathematics, history/social science, and science, at least 5 basic instructional materials in specified subject areas, including, among others, social science, for use in kindergarten and grades 1 to 8, inclusive, as specified. Existing law establishes the Instructional Quality Commission, as specified, and requires the commission to, among other things, recommend curriculum frameworks to the state board and develop criteria for
evaluating instructional materials.
This bill would require the state board and the Superintendent of Public Instruction, on or before December 31, 2028, to revise a specific academic content standard from the History–Social Science Content Standards for California Public Schools, Kindergarten Through Grade Twelve, as adopted by the state board on October 9, 1998, to incorporate
commission, when the state board adopts new instructional materials for history-social science on or after January 1, 2025, to consider providing for inclusion, in its evaluation criteria, content on the case of Mendez v. Westminster School District of Orange County. The bill would specify that any revisions to the history-social science curriculum framework or to the evaluation criteria for the adoption of instructional materials shall occur only within the timeframes and procedures set forth in the existing schedule for the adoption of curriculum frameworks and instructional materials.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) In 1943, the children of Gonzalo and Felicitas Mendez were denied entry into the Seventeenth Street School in the City of Westminster, California, because they were Mexican American. As a result, the Mendez family in March 1945 joined four other Latino families and sued four school districts in the County of Orange on behalf of their children and 5,000 other children. The Mendez family earned a living as tenant farmers and was able to bring the lawsuit forward with the help of civil rights attorney David Marcus.
(b) The lawsuit, Mendez v. Westminster School District of Orange County (64 F. Supp. 544 (C.D. (S.D. Cal. 1946)), aff’d, Westminster School District of Orange County v. Mendez (161 F. 2d 774 (9th Cir. 1947)), argued that the school districts denied the children equal protection under the law and due process of law under the Fourteenth Amendment to the United States Constitution. Eventually, amicus curiae briefs were filed by the American Jewish Congress, the American Civil Liberties Union, the National Lawyers Guild, the Japanese American Citizens League, and the National Association for the Advancement of Colored People. The success of the lawsuit led to legislation in California that repealed laws mandating segregation
and set legal and strategic precedent for other cases striving to end educational segregation, including the national landmark case of Brown v. Board of Education.
(c) As a result of the Mendez case, the Legislature and Governor Earl Warren in 1947 repealed the last school segregation statutes in California, making California the first state to end school segregation. The case is an integral part of the history and culture of the County of Orange and the City of Westminster, and is honored by the city at the Mendez Historic Freedom Trail and Monument. The Mendez case represents the beginning of the end of legal school segregation and signifies the important role of California in the civil rights movement, a role that should be both preserved and remembered.
The state board and the Superintendent shall, on or before December 31, 2028, revise the academic content standard HSS-11.10.2 from the History–Social Science Content Standards for California Public Schools, Kindergarten Through Grade Twelve, as adopted by the state board on October 9, 1998, to incorporate the case of Mendez v. Westminster School District of Orange County (64 F. Supp. 544 (C.D. Cal. 1946)), aff’d, Westminster School District of Orange County v. Mendez (161 F. 2d 774 (9th Cir. 1947)). Any revisions to the history-social science curriculum framework or to the evaluation criteria for the adoption of instructional materials shall occur only within the timeframes and procedures set forth in the existing schedule for the adoption of curriculum frameworks and instructional
materials.
SEC. 2.
Section 51226.3 of the Education Code is amended to read:51226.3.
(a) (1) The department shall incorporate into publications that provide examples of curriculum resources for teacher use those materials developed by publishers of nonfiction, trade books, and primary sources, or other public or private organizations, that are age appropriate and consistent with the subject frameworks on history and social science that deal with civil rights, human rights violations, genocide, slavery, and the Holocaust.(2) The Legislature encourages the department to incorporate into publications that provide examples of curriculum resources for teacher use those materials developed by publishers of nonfiction, trade books, and primary sources, or other public or private organizations, that are age appropriate and
consistent with the subject frameworks on history and social science that deal with the Armenian, Cambodian, Darfur, and Rwandan genocides.
(b) (1) The Legislature encourages the incorporation of survivor, rescuer, liberator, and witness oral testimony into the teaching of human rights, the Holocaust, and genocide, including, but not limited to, the Armenian, Cambodian, Darfur, and Rwandan genocides.
(2) As used in this subdivision, “oral testimony” means the firsthand accounts of significant historical events presented in a format that includes, but is not limited to, in-person testimony, video, or a multimedia option, such as a DVD or an online video.
(c) The Legislature encourages all state and local professional development activities to provide teachers with content background and resources
to assist them in teaching about civil rights, human rights violations, genocide, slavery, the Armenian Genocide, and the Holocaust.
(d) The Legislature encourages all state and local professional development activities to provide teachers with content background and resources to assist them in teaching about the Great Irish Famine of 1845–50.
(e) The Great Irish Famine of 1845–50 shall be considered in the next cycle in which the history-social science curriculum framework and its accompanying instructional materials are adopted.
(f) (1) The Legislature encourages all state and local professional development activities to provide teachers with content background and resources to assist them in teaching about the Chinese Exclusion Act of 1882 and the contributions of Chinese Americans to the
establishment of the transcontinental railroad.
(2) When the state board revises and adopts the curriculum framework for history-social science on or after January 1, 2017, the state board shall consider providing for the inclusion, in that curriculum framework, evaluation criteria, and accompanying instructional materials, of instruction on the Chinese Exclusion Act of 1882 and the contributions of Chinese Americans to the establishment of the transcontinental railroad.
(g) When the history-social science curriculum framework is revised as required by law, the Instructional Quality Commission shall consider including the Armenian, Cambodian, Darfur, and Rwandan genocides in the recommended history-social science curriculum framework.
(h) The Model Curriculum for Human Rights and Genocide adopted by the state board,
pursuant to Section 51226, shall be made available to schools in grades 7 to 12, inclusive, as soon as funding is available for this purpose. In addition, the department shall make the curriculum available on its internet website.
(i) For purposes of this article, “Armenian Genocide” means the torture, starvation, and murder of 1,500,000 Armenians, which included death marches into the Syrian Desert, by the rulers of the Ottoman Turkish Empire and the exile of more than 500,000 innocent people during the period from 1915 to 1923, inclusive.
(j) When the state board revises and adopts the curriculum framework for history-social science on or after January 1, 2016, the state board shall consider providing for the inclusion, in that curriculum framework, evaluation criteria, and accompanying instructional materials, of instruction on the unconstitutional deportation to Mexico during
the Great Depression of citizens and lawful permanent residents of the United States.
(k) As used in subdivisions (b) and (c), “human rights” and “human rights violations” include the unconstitutional deportation to Mexico during the Great Depression of citizens and lawful permanent residents of the United States.
(l) When the history-social science curriculum framework is next revised, on or after January 1, 2024, the Instructional Quality Commission shall consider providing for inclusion, in that curriculum framework, related evaluation criteria, and accompanying instructional materials, of instruction on both of the following:
(1) The historical, social, economic, and political contributions of Asian Americans, Native Hawaiians, and Pacific Islanders in the United States.
(2) Examples of racism, discrimination, and violence perpetrated against Asian Americans, Native Hawaiians, and Pacific Islanders in the United States, including, but not limited to, hate crimes committed during the COVID-19 pandemic.
(m) When the state board adopts new instructional materials for history-social science on or after January 1, 2025, the Instructional Quality Commission shall consider providing for inclusion, in its evaluation criteria, content on the case of Mendez v. Westminster School District of Orange County (64 F. Supp. 544 (S.D. Cal. 1946)), aff’d, Westminster School District of Orange County v. Mendez (161 F. 2d 774 (9th Cir. 1947)).
