Bill Text: CA AB2918 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Pupil instruction: ethnic studies.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Engrossed - Dead) 2024-08-15 - In committee: Held under submission. [AB2918 Detail]
Download: California-2023-AB2918-Amended.html
Bill Title: Pupil instruction: ethnic studies.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Engrossed - Dead) 2024-08-15 - In committee: Held under submission. [AB2918 Detail]
Download: California-2023-AB2918-Amended.html
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Amended
IN
Senate
June 24, 2024 |
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Amended
IN
Senate
June 10, 2024 |
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Amended
IN
Assembly
March 18, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2918
| Introduced by Assembly (Coauthors: Assembly Members Berman, Friedman, and Gabriel) (Coauthors: Senators Becker, Stern, and Wiener) |
February 15, 2024 |
An act to amend Section 51225.3 of the Education Code, relating to pupil instruction.
LEGISLATIVE COUNSEL'S DIGEST
AB 2918, as amended, Zbur.
Pupil instruction: ethnic studies.
(1) Existing law requires a pupil to complete designated coursework while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school. These graduation requirements include, commencing for pupils graduating in the 2029–30 school year, the completion of a one-semester course in ethnic studies meeting specified requirements. Under existing law, the requirement to complete an ethnic studies course may be fulfilled by the completion of, among others, a course based on the model curriculum developed by the Instructional Quality Commission, an ethnic studies course taught as part of a course that has been approved as meeting the A–G requirements of the University of California and the California State University, or a locally developed ethnic studies course approved by the governing board of a school district or the governing body of a
charter school.
This bill, among other things, would require a school district or charter school to require a review by teachers, parents, guardians, and community members before approving a locally developed ethnic studies course or any instructional materials for a locally developed ethnic studies course, as provided. The bill would require a majority of the participants in the review process to be classroom teachers, as provided, and would also require the review process to include a piloting process consistent with the guidelines set forth in the “Guidance for Local Instructional Materials Adoptions” adopted by the State Board of Education. The bill would also require a proposal by the governing board of a school district or the governing body of a charter school for an ethnic studies course taught as part of a course approved as meeting the A–G
requirements of the University of California and the California State University or a locally developed ethnic studies course to include, among other things, a detailed written justification explaining why the school district or charter school declined to adopt a course based on the model curriculum developed by the commission. The bill would require the proposal to be posted on the internet website of the school district or charter school, and a written notice to be sent to parents and guardians before a proposed course is presented, as provided. The bill would require a district superintendent and the governing board of a school district or the governing body of a charter school to submit a signed certification to the State Department of Education and the State Board of Education state board that the course is
factually and historically accurate and complies with applicable laws and policies. The bill would require all adopted ethnic studies courses not based on the model curriculum developed by the commission to be made publicly available on the internet website of the school district or charter school. The bill would require the curriculum, instruction, and instructional materials for an ethnic studies course to additionally foster respect and acceptance and to focus on the experiences of communities in the United States, and would require determinations of the appropriate use of those curriculum, instruction, and instructional materials and whether those curriculum, instruction, and instructional materials reflect or promote any bias, bigotry, or discrimination to emphasize principles of cultural competency, as provided. To the extent these requirements impose additional duties on local educational agencies, the bill would create a state-mandated local program.
(2) 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.
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 the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 51225.3 of the Education Code, as amended by Section 35 of Chapter 571 of the Statutes of 2022, is amended to read:51225.3.
(a) A pupil shall complete all of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school:(1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified:
(A) Three courses in English.
(B) Two courses in mathematics. If the governing board of a school district requires more than two courses in mathematics for graduation, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to
Section 51225.35.
(C) Two courses in science, including biological and physical sciences.
(D) Three courses in social studies, including United States history and geography; world history, culture, and geography; a one-semester course in American government and civics; and a one-semester course in economics.
(E) One course in visual or performing arts, world language, or, commencing with the 2012–13 school year, career technical education.
(i) For purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in world language.
(ii) For purposes of this subparagraph, “a course in career technical education” means a course in a district-operated career technical education program that is aligned to the career technical model curriculum standards and framework adopted by the state board, including courses through a regional occupational center or program operated by a county superintendent of schools or pursuant to a joint powers agreement.
(iii) This subparagraph does not require a school or school district that currently does not offer career technical education courses to start new career technical education programs for purposes of this section.
(iv) If a school district or county office of education elects to allow a career technical education course to satisfy the requirement imposed by this
subparagraph, the governing board of the school district or county office of education, before offering that alternative to pupils, shall notify parents, teachers, pupils, and the public at a regularly scheduled meeting of the governing board of all of the following:
(I) The intent to offer career technical education courses to fulfill the graduation requirement specified in this subparagraph.
(II) The impact that offering career technical education courses, pursuant to this subparagraph, will have on the availability of courses that meet the eligibility requirements for admission to the California State University and the University of California, and whether the career technical education courses to be offered pursuant to this subparagraph are approved to satisfy those eligibility
requirements. If a school district elects to allow a career technical education course to satisfy the requirement imposed by this subparagraph, the school district shall comply with subdivision (l) of Section 48980.
(III) The distinction, if any, between the high school graduation requirements of the school district or county office of education, and the eligibility requirements for admission to the California State University and the University of California.
(F) Two courses in physical education, unless the pupil has been exempted pursuant to this code.
(G) (i) Commencing with pupils graduating in the 2029–30 school year, including for pupils enrolled in a charter school, a one-semester course
in ethnic studies. A local educational agency, including a charter school, may require a full-year course in ethnic studies at its discretion. Commencing with the 2025–26 school year, a local educational agency, including a charter school, with pupils in grades 9 to 12, inclusive, shall offer at least a one-semester course in ethnic studies.
(ii) Subject to the course offerings of a local educational agency, including a charter school, a pupil may fulfill the requirement of clause (i) through the completion of any of the following types of courses:
(I) A course based on the model curriculum developed pursuant to Section 51226.7.
(II) An existing ethnic studies course.
(III) An ethnic studies course taught as part of a course that has been approved as meeting the A–G requirements of the University of California and the California State University.
(IV) A locally developed ethnic studies course approved by the governing board of the school district or the governing body of the charter school. The proposed course shall first be presented at a public meeting of the governing board of the school district or the governing body of the charter school, and shall not be approved until a subsequent public meeting of the governing board or governing body at which the public has had the opportunity to express its views on the proposed course. Before approving a locally developed ethnic studies course, or any instructional materials for a locally
developed ethnic studies course, a school district or charter school shall require review by teachers, parents, guardians, and community members. The majority of the participants in the review process shall be either (ia) classroom social studies teachers of pupils in any of grades 9 to 12, inclusive, or (ib) classroom teachers, of pupils in any of grades 9 to 12, inclusive, assigned to the subject area under which ethnic studies is being taught. The review process shall also include a piloting process consistent with the guidelines set forth in the “Guidance for Local Instructional Materials Adoptions” adopted by the state board.
(iii) (I) If a school district or charter school seeks to adopt an ethnic studies course pursuant to subclause (III) or (IV) of clause (ii), the proposal shall include a detailed written justification explaining why the school district or
charter school declined to adopt a course based on the model curriculum developed pursuant to Section 51226.7, as well as a full and complete explanation of the ways in which the proposed course under subclause (III) or (IV) of clause (ii) differs from the model curriculum developed pursuant to Section 51226.7. The written justification shall be submitted to the department and the state board. The proposal shall be made publicly accessible on the internet website of the school district or the charter school at least 30 days before being first presented at a public meeting of the governing board of the school district or governing body of the charter school.
(II) A written notice shall be sent to parents and guardians before a proposed course under subclause (III) or (IV) of clause (ii) is presented at a public meeting of the governing
board of the school district or the governing body of the charter school pursuant to subclause (I). The written notice shall inform parents and guardians that the proposed course will be taken up for consideration, and that there shall be opportunity for public comment when the proposed course is presented at the public meeting of the governing board of the school district or governing body of the charter school. The written notice shall be posted on the internet website of the school district or the charter school. The written notice shall cite to guidance and public educational materials developed pursuant to Section 242.
(III) The district superintendent and the governing board of the school district or the governing body of the charter school shall submit a signed certification to the department and the state board that a proposed or
adopted course pursuant to subclause (III) or (IV) of clause (ii) satisfies both of the following:
(ia) Is factually and historically accurate.
(ib) Complies with all applicable laws and policies, including, but not limited to, the guardrails outlined in this subparagraph, Section 220, Article 5.5 (commencing with Section 234) of Chapter 2 of Part 1 of Division 1 of Title 1, Section 51500, subdivision (a) of Section 51501, subdivision (a) of Section 60045, Title VI of the Civil Rights Act of 1964 (Public Law 88-352), and all applicable antidiscrimination laws of the United States Constitution and the California Constitution.
(iv) All adopted courses and resources pursuant to subclause (II), (III), or (IV) of clause (ii)
shall be made publicly available on the internet website of the school district or the charter school.
(v) A course that does not use ethnic studies content as the primary content through which the subject is taught shall not be used to satisfy the requirement of clause (i).
(vi) A pupil completing a course described in clause (ii) shall also accrue credit for coursework in the subject that the course is offered, including, if applicable, credit towards satisfying a course required for a diploma of graduation from high school pursuant to this section.
(vii) Curriculum, instruction, and instructional materials for a course
an ethnic studies course, including, but not limited to, a course described in clause (ii) (ii), shall meet all of the following requirements:
(I) Be appropriate for use with pupils of all races, religions, nationalities, genders, sexual orientations, and diverse ethnic and cultural backgrounds, pupils with disabilities, and English learners. Determinations of appropriateness for use shall emphasize principles of cultural competency, including consideration of the perspectives of, and consultation with, recognized and established leadership of the communities protected by Section 220.
(II) Not reflect or promote, directly or indirectly, any bias, bigotry, or discrimination against any person or group of persons on the basis of any category protected by Section 220.
Determinations of whether curriculum, instruction, or instructional materials reflect or promote any bias, bigotry, or discrimination shall emphasize principles of cultural competency, including consideration of the perspectives of, and consultation with, recognized and established leadership of the communities protected by Section 220.
(III) Not teach or promote religious doctrine.
(IV) Foster respect and acceptance, and focus on the experiences of communities of the United States.
(viii) It is the intent of the Legislature that local educational agencies, including charter schools, consider that, pursuant to Section 51226.7, the Instructional Quality Commission undertook a lengthy, thorough,
deliberative, and inclusive process before submitting a model curriculum in ethnic studies to the state board. To the extent that local educational agencies, including charter schools, choose to locally develop an ethnic studies program for approval by their governing board or governing body, it is the intent of the Legislature that local educational agencies not use the portions of the draft model curriculum that were not adopted by the Instructional Quality Commission due to concerns related to bias, bigotry, and discrimination.
(ix) If a school district or charter school enters into a contract for the purpose of developing resources for use in a course under subclauses (I) to (IV), inclusive, of clause (ii), the school district or charter school shall submit the contract to the department and the state board with signed certification
that those resources satisfy both of the following:
(I) Are factually and historically accurate.
(II) Comply with all applicable laws and policies, including, but not limited to, the guardrails outlined in this subparagraph, Section 220, Article 5.5 (commencing with Section 234) of Chapter 2 of Part 1 of Division 1 of Title 1, Section 51500, subdivision (a) of Section 51501, subdivision (a) of Section 60045, Title VI of the Civil Rights Act of 1964 (Public Law 88-352), and all applicable antidiscrimination laws of the United States Constitution and the California Constitution.
(x) The amendments made to this section by Section 1 of Chapter 661 of the Statutes of 2021 shall not be construed to alter any other requirement of
this section for pupils enrolled in a charter school.
(2) Other coursework requirements adopted by the governing board of the school district.
(b) The governing board, with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary educational institution. Requirements for graduation and specified alternative modes for completing the prescribed course
of study shall be made available to pupils, parents, and the public.
(c) On or before July 1, 2017, the department shall submit a comprehensive report to the appropriate policy committees of the Legislature on the addition of career technical education courses to satisfy the requirement specified in subparagraph (E) of paragraph (1) of subdivision (a), including, but not limited to, the following information:
(1) A comparison of the pupil enrollment in career technical education courses, world language courses, and visual and performing arts courses for the 2005–06 to 2011–12 school years, inclusive, to the pupil enrollment in career technical education courses, world language courses, and visual and performing arts courses for the 2012–13 to 2016–17 school years,
inclusive.
(2) The reasons, reported by school districts, that pupils give for choosing to enroll in a career technical education course to satisfy the requirement specified in subparagraph (E) of paragraph (1) of subdivision (a).
(3) The type and number of career technical education courses that were conducted for the 2005–06 to 2011–12 school years, inclusive, compared to the type and number of career technical education courses that were conducted for the 2012–13 to 2016–17 school years, inclusive.
(4) The number of career technical education courses that satisfied the subject matter requirements for admission to the University of California or the California State University.
(5) The extent to which the career technical education courses chosen by pupils are aligned with the California Career Technical Education Model Curriculum Standards, and prepare pupils for employment, advanced training, and postsecondary education.
(6) The number of career technical education courses that also satisfy the visual and performing arts requirement, and the number of career technical education courses that also satisfy the world language requirement.
(7) Annual pupil dropout and graduation rates for the 2011–12 to 2014–15 school years, inclusive.
(d) For purposes of completing the report described in subdivision (c), the Superintendent may use existing state resources and federal funds. If state
or federal funds are not available or
sufficient, the Superintendent may apply for and accept grants, and receive donations and other financial support from public or private sources for purposes of this section.
(e) For purposes of completing the report described in subdivision (c), the Superintendent may accept support, including, but not limited to, financial and technical support, from high school reform advocates, teachers, chamber organizations, industry representatives, research centers, parents, and pupils.
(f) The amendments made to this section by Section 1 of Chapter 661 of the Statutes of 2021 shall become operative only upon an appropriation of funds by the Legislature for purposes of these amendments in the annual Budget Act or another statute.
(g) This section shall become inoperative on the earlier of the following two dates:
(1) On July 1, immediately following the first fiscal year after the enactment of Chapter 621 of the Statutes of 2011 in which the number of career technical education courses that, as determined by the department, satisfy the world language requirement for admission to the California State University and the University of California is at least twice the number of career technical education courses that meet these admission requirements as of January 1, 2012. This section shall be repealed on the following January 1, unless a later enacted statute, that becomes operative on or before that date, deletes or extends the dates on which it becomes inoperative and is repealed. It is the intent of the Legislature that new career technical education courses
that satisfy the world language requirement for admission to the California State University and the University of California focus on world languages aligned with career preparation, emphasizing real-world application and technical content in related career and technical education courses.
(2) On July 1, 2027, and, as of January 1, 2028, is repealed.
SEC. 2.
Section 51225.3 of the Education Code, as amended by Section 36 of Chapter 571 of the Statutes of 2022, is amended to read:51225.3.
(a) A pupil shall complete all of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school:(1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified:
(A) Three courses in English.
(B) Two courses in mathematics. If the governing board of a school district requires more than two courses in mathematics for graduation, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to
Section 51225.35.
(C) Two courses in science, including biological and physical sciences.
(D) Three courses in social studies, including United States history and geography; world history, culture, and geography; a one-semester course in American government and civics; and a one-semester course in economics.
(E) One course in visual or performing arts or world language. For purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in world language.
(F) Two courses in physical education, unless the pupil has been exempted pursuant to this code.
(G) (i) Commencing with pupils graduating in the 2029–30 school year, including for pupils enrolled in a charter school, a
one-semester course in ethnic studies. A local educational agency, including a charter school, may require a full-year course in ethnic studies at its discretion. Commencing with the 2025–26 school year, a local educational agency, including a charter school, with pupils in grades 9 to 12, inclusive, shall offer at least a one-semester course in ethnic studies.
(ii) Subject to the course offerings of a local educational agency, including a charter school, a pupil may fulfill the requirement of clause (i) through the completion of any of the following types of courses:
(I) A course based on the model curriculum developed pursuant to Section 51226.7.
(II) An existing ethnic studies course.
(III) An ethnic studies course taught as part of a course that has
been approved as meeting the A–G requirements of the University of California and the California State University.
(IV) A locally developed ethnic studies course approved by the governing board of the school district or the governing body of the charter school. The proposed course shall first be presented at a public meeting of the governing board of the school district or the governing body of the charter school, and shall not be approved until a subsequent public meeting of the governing board or governing body at which the public has had the opportunity to express its views on the proposed course. Before approving a locally developed ethnic studies course, or any instructional materials for a locally developed ethnic studies course, a school district or charter school
shall require review by teachers, parents, guardians, and community members. The majority of the participants in the review process shall be either (ia) classroom social studies teachers of pupils in any of grades 9 to 12, inclusive, or (ib) classroom teachers, of pupils in any of grades 9 to 12, inclusive, assigned to the subject area under which ethnic studies is being taught. The review process shall also include a piloting process consistent with the guidelines set forth in the “Guidance for Local Instructional Materials Adoptions” adopted by the state board.
(iii) (I) If a school district or charter school seeks to adopt an ethnic studies course pursuant to subclause (III) or (IV) of clause (ii), the proposal shall include a detailed written justification explaining why the school district or charter school declined to adopt a course based on the model
curriculum developed pursuant to Section 51226.7, as well as a full and complete explanation of the ways in which the proposed course under subclause (III) or (IV) of clause (ii) differs from the model curriculum developed pursuant to Section 51226.7. The written justification shall be submitted to the department and the state board. The proposal shall be made publicly accessible on the internet website of the school district or the charter school at least 30 days before being first presented at a public meeting of the governing board of the school district or governing body of the charter school.
(II) A written notice shall be sent to parents and guardians before a proposed course under subclause (III) or (IV) of clause (ii) is presented at a public meeting of the governing board of the school district or the governing body of the charter
school pursuant to subclause (I). The written notice shall inform parents and guardians that the proposed course will be taken up for consideration, and that there shall be opportunity for public comment when the proposed course is presented at the public meeting of the governing board of the school district or governing body of the charter school. The written notice shall be posted on the internet website of the school district or the charter school. The written notice shall cite to guidance and public educational materials developed pursuant to Section 242.
(III) The district superintendent and the governing board of the school district or the governing body of the charter school shall submit a signed certification to the department and the state board that a proposed or adopted course pursuant to subclause (III) or (IV) of clause
(ii) complies with satisfies both of the following:
(ia) Is factually and historically accurate.
(ib) Complies with all applicable laws and policies, including, but not limited to, the guardrails outlined in this subparagraph, Section 220, Article 5.5 (commencing with Section 234) of Chapter 2 of Part 1 of Division 1 of Title 1, Section 51500, subdivision (a) of Section 51501, subdivision (a) of Section 60045, Title VI of the Civil Rights Act of 1964 (Public Law 88-352), and all applicable antidiscrimination laws of the United States Constitution and the California Constitution.
(iv) All adopted courses and resources pursuant to subclause (II), (III), or (IV) of clause (ii) shall be made publicly available on the internet website of the school district or the charter school.
(v) A course that does not use ethnic studies content as the primary content through which the subject is taught shall not be used to satisfy the requirement of clause (i).
(vi) A pupil completing a course described in clause (ii) shall also accrue credit for coursework in the subject that the course is offered, including, if applicable, credit towards satisfying a course required for a diploma of graduation from high school pursuant to this section.
(vii) Curriculum, instruction, and instructional materials for a
an ethnic studies course, including, but not limited to, a course described in clause (ii) (ii), shall meet all of the following requirements:
(I) Be appropriate for use with pupils of all races, religions, nationalities, genders, sexual orientations, and diverse ethnic and cultural backgrounds, pupils with disabilities, and English learners.
Determinations of appropriateness for use shall emphasize principles of cultural competency, including consideration of the perspectives of, and consultation with, recognized and established leadership of the communities protected by Section 220.
(II) Not reflect or promote, directly or indirectly, any bias, bigotry, or discrimination against any person or group of persons on the basis of any category protected by Section 220. Determinations of whether curriculum, instruction, or instructional materials reflect or promote any bias, bigotry, or discrimination shall emphasize principles of cultural competency, including consideration of the perspectives of, and consultation with, recognized and established leadership of the communities protected by Section 220.
(III) Not teach or promote religious doctrine.
(IV) Foster respect and acceptance, and focus on the experiences of communities of the United States.
(viii) It is the intent of the Legislature that local educational agencies, including charter schools, consider that, pursuant to Section 51226.7, the Instructional Quality Commission undertook a lengthy, thorough, deliberative, and inclusive process before submitting a model curriculum in ethnic studies to the state board. To the extent that local educational agencies, including charter schools, choose to locally develop an ethnic studies program for approval by their governing board or governing body, it is the intent of the Legislature that local educational agencies not use the portions of the draft model curriculum that
were not adopted by the Instructional Quality Commission due to concerns related to bias, bigotry, and discrimination.
(ix) If a school district or charter school enters into a contract for the purpose of developing resources for use in a course under subclauses (I) to (IV), inclusive, of clause (ii), the school district or charter school shall submit the contract to the department and the state board with signed certification that those resources satisfy both of the following:
(I) Are factually and historically accurate.
(II) Comply with all applicable laws and policies, including, but not limited to, the guardrails outlined in this subparagraph, Section 220, Article 5.5 (commencing with Section 234) of Chapter 2 of
Part 1 of Division 1 of Title 1, Section 51500, subdivision (a) of Section 51501, subdivision (a) of Section 60045, Title VI of the Civil Rights Act of 1964 (Public Law 88-352), and all applicable antidiscrimination laws of the United States Constitution and the California Constitution.
(x) The amendments made to this section by Section 2 of Chapter 661 of the Statutes of 2021 shall not be construed to alter any other requirement of this section for pupils enrolled in a charter school.
(2) Other coursework requirements adopted by the governing board of the school district.
(b) The governing board, with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils
to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary educational institution. Requirements for graduation and specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and the public.
(c) If a pupil completed a career technical education course that met the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3, as amended by Section 3 of Chapter 621 of the Statutes of 2011, before the inoperative date of that section,
that course shall be deemed to fulfill the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of this section.
(d) The amendments made to this section by Section 2 of Chapter 661 of the Statutes of 2021 shall become operative only upon an appropriation of funds by the Legislature for purposes of these amendments in the annual Budget Act or another statute.
(e) This section shall become operative upon the date that Section 51225.3, as amended by Section 35 of Assembly Bill 185 of the 2021–22 Regular Session, becomes inoperative.
