Existing law requires the adopted course of study for grades 1 to 12, inclusive, to include, among other subjects, the social sciences. Existing law encourages instruction in the area of social sciences for grades 7 to 12, inclusive, which may include instruction on the Vietnam War, including a component drawn from personal testimony of Southeast Asians who were involved in the Vietnam War and men and women who contributed to the war effort on the homefront, as specified. Existing law requires the State Board of Education, with the assistance of the Superintendent of Public Instruction, to establish a list of textbooks and other instructional materials that highlight the contributions of minorities in the development of California and the United States. Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, recommend curriculum frameworks to the state board.

Existing law requires the commission to develop and submit to the state board a model curriculum in Hmong history and cultural studies, as specified. Existing law requires the commission, on or before December 31, 2022, to submit the model curriculum to the state board for adoption, and requires the state board to adopt, modify, or reject the model curriculum on or before March 31, 2023. Existing law requires the Superintendent, following the adoption of the model curriculum, to post the model curriculum on the State Department of Educations internet website for use on a voluntary basis by educators. Existing law requires, if the state board modifies the model curriculum, that the state board explain, in writing, the reasons for the modifications to the Governor and certain committees of the Legislature. Existing law also requires the state board to provide, in a public meeting, written reasons for modifying the model curriculum, as specified.

Existing law, beginning in the school year following the adoption of the model curriculum, encourages local educational agencies, as defined, to use the model curriculum to provide instruction in kindergarten and grades 1 to 12, inclusive. Existing law provides that implementation of these provisions is subject to the receipt of grants, donations, or other financial support from private or public sources for its purposes, including, but not limited to, an appropriation in the annual Budget Act or another statute.

This bill would require that model curriculum to additionally cover Laotian history and cultural studies, as provided. The bill would delay by one year the deadlines for the commission to submit the model curriculum to the state board, and for the state board to adopt, modify, or reject the model curriculum, and would set those deadlines at December 31, 2023, and March 31, 2024, respectively. The bill would delete the provisions requiring the state board to provide written reasons for modifying the model curriculum submitted by the commission.

GOVERNOR'S VETO

GV Bill Id:AB 1393

Author:(Weber and Arambula)

As Enrolled Ver:September 6, 2019

2/3 vote

SUMMARY:

Requires Laotian history and cultural studies be added to the Hmong model curriculum to be developed by the Instructional Quality Commission (IQC) and submitted to the State Board of Education (SBE) for adoption by December 31, 2022, and requires the SBE to adopt, modify or reject the model curriculum on or before March 31, 2023.

The Senate Amendments:

1. Delay by one year the deadlines for the IQC to submit the model curriculum to the SBE, and for the SBE to adopt, modify, or reject the model curriculum, and would set those deadlines at December 31, 2023, and March 31, 2024, respectively.
2. Delete the provisions requiring the SBE to provide written reasons for modifying the model curriculum submitted by the IQC.
3. Correct references to the Hmong and Lao peoples and add a reference to the role of the Royal Lao Army in the "Secret Army" in Laos.

Governor’s Veto Message:

This bill requires the State Board of Education (SBE) to add Laotian history and cultural studies to the Hmong model curriculum that the Instructional Quality Commission developed and the SBE was required to adopt, by Senate Bill 895 (Nguyen), Chapter 686, Statutes of 2018.

While I appreciate the interest in addressing a gap in prior legislation, I remain concerned that the current process is piecemeal and fragmented, as the adoption of the ethnic studies model has displayed. Before we move forward with additional model curricula, I believe a review of the existing process is necessary to support reforms needed so that our schools can provide instruction in a manner that reflects and honors the experiences of all Californians.

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 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. 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, human rights and genocide, ethnic studies, and others.

According to the Author:

“Through the passage of SB 895 (Nguyen, 2018) the Instructional Quality Commission is required to develop and submit to the State Board of Education a model curriculum relative to the Vietnamese American refugee experience, a model curriculum relative to the Cambodian genocide, and a model curriculum in Hmong history and cultural studies. The history of Laotian refugees and the country of Laos, which is inseparable from the history of the Vietnam War, was not included in SB 895.

While existing law encourages instruction in the area of social sciences that may include instruction on the Vietnam War, including a component drawn from personal testimony of Southeast Asians who were involved in the war, such curriculum does not include the experience and testimony of Laotian refugees who were involved and affected by the war. It is important to teach students the complete and accurate history of the Vietnam War, also known as the Second Indochina War, which took place in Vietnam, Cambodia, and Laos. The history and experience of refugees from these countries need to all be included in the model curricula.

Based on the 2010 census, California is home to the largest Laotian population outside of Laos, with over 69,000 people of Laotian background. For the past 40 years, Laotian American refugees have enriched the social, cultural, and economic landscape of California. However, little is known about the history of Laotian refugees, culture, and community. There is a growing body of academic research that shows the importance of culturally meaningful and relevant curriculum, which positively impact student educational achievement.”

Arguments in Support:

The California Association of Human Relations Associations, “While existing law encourages instruction in the area of social sciences that may include lessons on the Vietnam War, it does not include the experience and testimony of Laotian refugees who were involved and affected by the war. It is important to teach students the complete and accurate history of the Vietnam War, also known as the Second Indochina War, which took place in Vietnam, Cambodia, and Laos. The history and experience of refugees from these countries need to be included in the model curricula.”

Arguments in Opposition:

None on file.

FISCAL COMMENTS:

According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

VOTES:

ASM EDUCATION: 6-0-0

YES: O'Donnell, Kiley, Kalra, McCarty, Smith, Weber

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

ASSEMBLY FLOOR: 78-0-2

YES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Obernolte, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

ABS, ABST OR NV: Cooley, Eduardo Garcia

SENATE FLOOR: 40-0-0

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

ASSEMBLY FLOOR: 79-0-0

YES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

UPDATED:

VERSION: September 6, 2019

CONSULTANT: Tanya Lieberman / ED. / (916) 319-2087 FN: 0002582

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1393

Author:(Weber and Arambula)

As Amended Ver:August 26, 2019

Majority vote

SUMMARY:

Requires Laotian history and cultural studies be added to the Hmong model curriculum to be developed by the Instructional Quality Commission (IQC) and submitted to the State Board of Education (SBE) for adoption by December 31, 2022, and requires the SBE to adopt, modify or reject the model curriculum on or before March 31, 2023.

The Senate Amendments:

1. Delay by one year the deadlines for the IQC to submit the model curriculum to the SBE, and for the SBE to adopt, modify, or reject the model curriculum, and would set those deadlines at December 31, 2023, and March 31, 2024, respectively.
2. Delete the provisions requiring the SBE to provide written reasons for modifying the model curriculum submitted by the IQC.
3. Correct references to the Hmong and Lao peoples and add a reference to the role of the Royal Lao Army in the "Secret Army" in Laos.

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 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. 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, human rights and genocide, ethnic studies, and others.

According to the Author:

"Through the passage of SB 895 (Nguyen, 2018) the Instructional Quality Commission is required to develop and submit to the State Board of Education a model curriculum relative to the Vietnamese American refugee experience, a model curriculum relative to the Cambodian genocide, and a model curriculum in Hmong history and cultural studies. The history of Laotian refugees and the country of Laos, which is inseparable from the history of the Vietnam War, was not included in SB 895.

While existing law encourages instruction in the area of social sciences that may include instruction on the Vietnam War, including a component drawn from personal testimony of Southeast Asians who were involved in the war, such curriculum does not include the experience and testimony of Laotian refugees who were involved and affected by the war. It is important to teach students the complete and accurate history of the Vietnam War, also known as the Second Indochina War, which took place in Vietnam, Cambodia, and Laos. The history and experience of refugees from these countries need to all be included in the model curricula.

Based on the 2010 census, California is home to the largest Laotian population outside of Laos, with over 69,000 people of Laotian background. For the past 40 years, Laotian American refugees have enriched the social, cultural, and economic landscape of California. However, little is known about the history of Laotian refugees, culture, and community. There is a growing body of academic research that shows the importance of culturally meaningful and relevant curriculum, which positively impact student educational achievement."

Arguments in Support:

The California Association of Human Relations Associations, "While existing law encourages instruction in the area of social sciences that may include lessons on the Vietnam War, it does not include the experience and testimony of Laotian refugees who were involved and affected by the war. It is important to teach students the complete and accurate history of the Vietnam War, also known as the Second Indochina War, which took place in Vietnam, Cambodia, and Laos. The history and experience of refugees from these countries need to be included in the model curricula."

Arguments in Opposition:

None on file.

FISCAL COMMENTS:

According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

VOTES:

ASM EDUCATION: 6-0-0

YES: O'Donnell, Kiley, Kalra, McCarty, Smith, Weber

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

ASSEMBLY FLOOR: 78-0-2

YES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Obernolte, Patterson, Petrie‑Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

ABS, ABST OR NV: Cooley, Eduardo Garcia

SENATE FLOOR: 40-0-0

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

UPDATED:

VERSION: August 26, 2019

CONSULTANT: Tanya Lieberman / ED. / (916) 319-2087 FN: 0001884

 THIRD READING  

Bill No: AB 1393

Author: Weber (D) and Arambula (D), et al.

Amended: 8/26/19 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 7/10/19

AYES: Leyva, Wilk, Chang, Durazo, Glazer, McGuire, Pan

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 78-0, 5/23/19 - See last page for vote

SUBJECT: Pupil instruction: model curriculum: Laotian history and cultural studies

SOURCE: Advocates for Iu Mien – California

Lao American Advancement Organization

DIGEST:

This bill adds Laotian history and cultural studies to the forthcoming model curriculum in Hmong history and cultural studies that the Instructional Quality Commission (IQC) is required to develop and submit to the State Board of Education (SBE) by December 31, 2023, and that the SBE is required to adopt, modify, or reject by March 31, 2024; and deletes the requirement for the SBE to provide written rationale if it modifies the model curriculum.

Senate Floor Amendments of 8/26/19 (1) push back the deadlines above to December 31, 2023, and March 31, 2024, respectively; (2) revise the requirements for the teachers with IQC is required to consult with; (3) delete the requirement for the SBE, if it modifies the model curriculum, to explain, in writing to the Governor and the appropriate Legislative committees, and in writing at a public meeting, the reasons for the modifications; (4) delete the requirement for the SBE to adopt the modified model curriculum at a subsequent meeting, (5) clarify that IQC is responsible for the development of the model curriculum, but must solicit outside input; and (6) add co-authors.

ANALYSIS:

Existing law:

1. Requires the IQC to develop, and the SBE to adopt, modify, or revise, a model curriculum in ethnic studies, and requires that the model curriculum be written as a guide to allow school districts to adapt their courses to reflect the student demographics in their communities, and include examples of courses offered by local educational agencies (LEAs) that have been approved as meeting A-G admissions requirements including, to the extent possible, course outlines for those courses. (Education Code § 51226.7)
2. Requires that, by December 31, 2019, the IQC to submit the ethnic studies model curriculum to the SBE for adoption, and the SBE to adopt the model curriculum by March 31, 2020. (EC § 51226.7)
3. Requires the IQC to develop and submit to the SBE, and requires the SBE to adopt, modify, or revise, the following model curricula: (a) relative to the Vietnamese American refugee experience that includes, but is not limited to, curriculum on the fall of Saigon in 1975, (b) relative to the Cambodian genocide, and (c) in Hmong history and cultural studies. (EC § 33540.2, 33540.4, and 33540.6)
4. Requires the IQC to submit model curriculum in Hmong history and cultural studies to the SBE by December 31, 2022, and requires the SBE to adopt, modify, or reject the model curriculum before March 31, 2023. (EC § 33540.6)
5. Provides that if the SBE modifies the model curriculum:
   1. Requires the SBE to explain, in writing, the reasons for the modifications to the Governor and the appropriate policy and fiscal committees of the Legislature.
   2. Requires the SBE to provide written reasons for its modifications at public meeting conducted pursuant to the Bagley-Keene Open Meeting Act.
   3. Prohibits the SBE from adopting the model curriculum at the same meeting at which it provides its written reasons, and instead requires the SBE to adopt these modifications at a subsequent meeting conducted no later than July 31, 2023.
6. Encourages that instruction be provided on the Vietnam war, including the “Secret War” in Laos and the role of Southeast Asians in that war, and encourages that this instruction include a component drawn from personal testimony, especially in the form of oral or video history of Southeast Asians who were involved in the Vietnam war and those men and women who contributed to the war effort on the homefront. (EC § 51221.4)
7. Requires that the oral histories used as a part of the instruction regarding the role of Southeast Asians in the Vietnam war and the “Secret War” in Laos exemplify the personal sacrifice and courage of the wide range of ordinary citizens who were called upon to participate and provide intelligence for the United States. (EC § 51221.4)

This bill adds Laotian history and cultural studies to the forthcoming model curriculum in Hmong history and cultural studies that the IQC is required to develop and submit to the SBE by December 31, 2023, and that the SBE is required to adopt, modify, or reject by March 31, 2024; and deletes the requirement for the SBE to provide written rationale if it modifies the model curriculum. Specifically, this bill:

1. Requires the IQC, and the SBE to adopt, modify, or reject, a model curriculum in Hmong and Laotian history and cultural studies.
2. Requires the IQC, in developing the model curriculum, to solicit input from from all of the following:
   1. Representatives of Hmong and Laotian advocacy, community, social, and cultural organizations.
   2. Hmong and Laotian refugees and descendants of those refugees, including surviving members of the Royal Lao Army and descendants of those members.
   3. Faculty of Hmong and Laotian studies programs at universities and colleges.
   4. LEAs.
3. Requires a majority of the individuals with whom the IQC consults shall be teachers of kindergarten or grades 1 to 12, inclusive, who have relevant experiences or educational backgrounds in the study of history or social science, and to include teachers who have relevant experiences or educational backgrounds in teaching of Hmong and Laotian studies.
4. Requires the model curriculum to address, but not necessarily be limited to, all of the following:
   1. The history of the Hmong and Laotian people who lived in Laos, Thailand, Vietnam, and China.
   2. The history of the Hmong and Laotian migration to the United States and California, as well as other parts of the world.
   3. Cultural beliefs, practices, and traditions of the Hmong and Laotian people, including, among other things, those surrounding Hmong and Laotian New Year celebrations, marriages, newborns, and funerals.
   4. Contributions of the Hmong and Laotian people to California and the United States.
   5. The contributions and sacrifices of the Hmong, Laotian, and other Southeast Asians who served in the “Secret Army” in Laos, which was funded by the United States Central Intelligence Agency and the Royal Lao Army.
5. Deletes the following provisions that apply if the SBE modifies the model curriculum:
   1. The requirement for the SBE to explain, in writing, the reasons for the modifications to the Governor and the appropriate policy and fiscal committees of the Legislature.
   2. The requirement for the SBE to provide written reasons for its modifications at public meeting conducted pursuant to the Bagley-Keene Open Meeting Act.
   3. The prohibition against the SBE from adopting the model curriculum at the same meeting at which it provides its written reasons, and the requirement for the SBE to adopt the modifications at a subsequent meeting conducted no later than July 31, 2023.
6. Encourages, beginning in the school year following the adoption of the model curriculum, each LEA maintaining any of grades 9 to 12, inclusive, that does not otherwise offer a standards-based Hmong or Laotian studies curriculum, to offer to all otherwise qualified pupils a course of study in Hmong and Laotian studies based on the model curriculum.
7. Specifies that “Laotian” includes, but is not limited to, the Lao, Iu Mien, Khmu, Phutai, Tai Lue, Tai Dam, and Tai Deng ethnic groups.

Comments

1. Need for this bill. According to the author, “while existing law encourages instruction in the area of social sciences that may include instruction on the Vietnam War, including a component drawn from personal testimony of Southeast Asians who were involved in the war, such curriculum does not include the experience and testimony of Laotian refugees who were involved and affected by the war. It is important to teach students the complete and accurate history of the Vietnam War, also known as the Second Indochina War, which took place in Vietnam, Cambodia, and Laos.

“Through the passage of SB 895 (Nguyen, 2018) the Instructional Quality Commission is required to develop and submit to the State Board of Education a model curriculum relative to the Vietnamese American refugee experience, a model curriculum relative to the Cambodian genocide, and a model curriculum in Hmong history and cultural studies. The history of Laotian refugees and the country of Laos, which is inseparable from the history of the Vietnam War, was not included in SB 895.”

1. Committee policy. In recent years, the Education Committees in both the Senate and the Assembly have seen numerous bills attempting to require the IQC to include specific topics during framework revisions. In response, both Committees passed identical rules discouraging that specific type of legislation. Members responded accordingly, and the Committees began to see additional bills relating to model curricula in a variety of topics, such as the Vietnamese refugee experience, the Cambodian genocide, Hmong history and cultural studies, media literacy, service learning, financial literacy. The Committees revised their curriculum policy to also strongly discourage members from introducing measures that create new model curricula.

This bill, as introduced in the Assembly, required the IQC to develop an additional model curriculum in Laotian history and cultural studies. The Assembly Education Committee amended this bill to add its requirements to the existing requirement for the IQC to develop a Hmong history and cultural studies model curriculum.

The purpose of the Committees’ policy is to encourage members to use the IQC’s administrative process before resulting to legislation. To that end, the Legislature may wish to consider if the inclusion of Laotian history and cultural studies should be accomplished through direct work with the IQC as it develops the model curricula in the Vietnamese refugee experience, the Cambodian genocide, and Hmong history and cultural studies, rather than an additional requirement on IQC.

1. Instructional Quality Commission and model curricula. Currently, the IQC is developing the ethnic studies model curriculum. Additionally, the Legislature has tasked the IQC with developing four additional model curricula, all of which are culturally-based: Native American, Vietnamese refugee experience, the Cambodian genocide, Hmong history and cultural studies. The IQC previously developed a model curriculum on the Life and Work of Cesar Chavez that the SBE adopted in 2002. In recent weeks, concerns have been raised over the current draft of the ethnic studies model curriculum, including concerns about the groups that it includes or excludes, terminology used in the model curriculum, and specific resources it recommends. It is important to note that the IQC has a robust development process for model curricula that includes multiple opportunities for the public to provide input and feedback on model curricula under development. The IQC’s public comment period for the current draft of the ethnic studies model curriculum closes on August 15, 2019. Given the discussion that the current draft of the ethnic studies model curriculum has generated – and the additional model curricula already on the IQC’s agenda – the Legislature may wish to consider imposing additional model curricula requirements on the IQC.

Related/Prior Legislation

SB 895 (Nguyen, Chapter 686, Statutes of 2018) required the IQC to develop and submit to the SBE, and required the SBE to adopt, modify, or revise, the following model curricula: (1) relative to the Vietnamese American refugee experience that includes, but is not limited to, curriculum on the fall of Saigon in 1975, (2) relative to the Cambodian genocide, and (3) in Hmong history and cultural studies.

SB 830 (Dodd, Chapter 448, Statutes of 2018) would have required the IQC to develop, and the SBE to adopt, modify, or revise, a model curriculum in media literacy. SB 830 was amended in the Assembly Appropriations Committee to require the California Department of Education (CDE) to make available to school districts on its Internet Web site, by July 1, 2019, a list of resources and instructional materials on media literacy, including media literacy professional development programs for teachers.

SB 135 (Dodd, 2017) was substantially similar to the introduced version of SB 830 (Dodd, 2018). SB 135 passed the Senate Education Committee on April 19, 2017, and was held in the Assembly Appropriations Committee.

SB 583 (Stone, 2017) would have required the development of a model curriculum for an elective course in financial literacy for pupils in grades 9 to 12, inclusive. SB 583 was held in the Assembly Appropriations Committee.

AB 155 (Gomez, 2017) would have required the IQC to develop a model curriculum in media literacy, and would have required the CDE to develop an online professional development module to support the model curriculum. AB 155 was held in the Assembly Appropriations Committee.

AB 838 (Levine, 2017) would have required that the IQC develop a model curriculum on the 2016 presidential election, for voluntary use in secondary government courses. AB 838 was held in the Assembly Appropriations Committee.

AB 738 (Limon, Chapter 614, Statutes of 2017) required the development of a model curriculum in Native American studies, and required school districts which elect to offer one course in Native American studies to make the course available in at least one year during a student’s enrollment in grades 9-12.

AB 2016 (Alejo, Chapter 327, Statutes of 2016) required the IQC to develop, and the SBE to adopt, a model curriculum in ethnic studies, as specified. The bill also encouraged school districts and charter schools to offer an ethnic studies course based on the model curriculum for students in grades 9-12.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/23/19)

Advocates for Iu Mien – California (co-source)

Lao American Advancement Organization (co-source)

Asian Pacific Environmental Network

California Association of Human Relations Organizations

California Pacific Chamber of Commerce

Center for Lao Studies

Council of Asian Pacific Islanders Together for Advocacy & Leadership

Hmong Innovating Politics

Iu Mien American National Coalition

Iu Mien Community Services

Kuya Ate Mentorship Program

Lao Advocacy Organization San Diego

Lao American Coalition

Lao American Cultural Center

Lao Community Cultural Center of San Diego

Lao Family Community Development

Lao Iu Mien Culture Association

Laos Angeles LLC

Legacies of War

Pheuane Khrou Lao Organization

Progressive Vietnamese American Organization

Sacramento Asian Pacific Film Festival

Sacramento Iu Mien Association

Shasta County Mien Community

Southeast Asia Resource Action Center

Southeast Asian Assistance Center

Tai Lue Cultural Heritage of the USA

TeAda Productions

Valley Hi-Covenant

Several individuals

OPPOSITION: (Verified 8/23/19)

None received

ASSEMBLY FLOOR: 78-0, 5/23/19

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Cooley, Eduardo Garcia

Prepared by: Brandon Darnell / ED. /

8/29/19 15:52:05

**** END ****

 THIRD READING  

Bill No: AB 1393

Author: Weber (D) and Arambula (D), et al.

Amended: 7/1/19 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 7/10/19

AYES: Leyva, Wilk, Chang, Durazo, Glazer, McGuire, Pan

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 78-0, 5/23/19 - See last page for vote

SUBJECT: Pupil instruction: model curriculum: Laotian history and cultural studies

SOURCE: Advocates for Iu Mien – California

Lao American Advancement Organization

DIGEST:

This bill adds Laotian history and cultural studies to the forthcoming model curriculum in Hmong history and cultural studies that the Instructional Quality Commission (IQC) is required to develop and submit to the State Board of Education (SBE) by December 31, 2022, and that the SBE is required to adopt, modify, or reject by March 31, 2023.

ANALYSIS:

Existing law:

1. Requires the IQC to develop, and the SBE to adopt, modify, or revise, a model curriculum in ethnic studies, and requires that the model curriculum be written as a guide to allow school districts to adapt their courses to reflect the student demographics in their communities, and include examples of courses offered by local educational agencies (LEAs) that have been approved as meeting A-G admissions requirements including, to the extent possible, course outlines for those courses. (Education Code § 51226.7)
2. Requires that, by December 31, 2019, the IQC to submit the ethnic studies model curriculum to the SBE for adoption, and the SBE to adopt the model curriculum by March 31, 2020. (EC § 51226.7)
3. Requires the IQC to develop and submit to the SBE, and requires the SBE to adopt, modify, or revise, the following model curricula: (a) relative to the Vietnamese American refugee experience that includes, but is not limited to, curriculum on the fall of Saigon in 1975, (b) relative to the Cambodian genocide, and (c) in Hmong history and cultural studies. (EC § 33540.2, 33540.4, and 33540.6)
4. Requires the IQC to submit model curriculum in Hmong history and cultural studies to the SBE by December 31, 2022, and requires the SBE to adopt, modify, or reject the model curriculum before March 31, 2023. (EC § 33540.6)
5. Encourages that instruction be provided on the Vietnam war, including the “Secret War” in Laos and the role of Southeast Asians in that war, and encourages that this instruction include a component drawn from personal testimony, especially in the form of oral or video history of Southeast Asians who were involved in the Vietnam war and those men and women who contributed to the war effort on the homefront. (EC § 51221.4)
6. Requires that the oral histories used as a part of the instruction regarding the role of Southeast Asians in the Vietnam war and the “Secret War” in Laos exemplify the personal sacrifice and courage of the wide range of ordinary citizens who were called upon to participate and provide intelligence for the United States. (EC § 51221.4)

This bill adds Laotian history and cultural studies to the forthcoming model curriculum in Hmong history and cultural studies that the IQC is required to develop and submit to the SBE by December 31, 2022, and that the SBE is required to adopt, modify, or reject by March 31, 2023. Specifically, this bill:

1. Requires the IQC, and the SBE to adopt, modify, or reject, a model curriculum in Hmong and Laotian history and cultural studies.
2. Requires the model curriculum to be developed with participation from all of the following:
   1. Representatives of Hmong and Laotian advocacy, community, social, and cultural organizations.
   2. Hmong and Laotian refugees and descendants of those refugees, including surviving members of the Royal Lao Army and descendants of those members.
   3. Faculty of Hmong and Laotian studies programs at universities and colleges.
   4. LEAs.
3. Requires a majority of the individuals with whom the IQC consults shall be teachers of kindergarten or grades 1 to 12, inclusive, who have relevant experiences or educational backgrounds in the study and teaching of Hmong and Laotian studies.
4. Requires the model curriculum to address, but not necessarily be limited to, all of the following:
   1. The history of the Hmong and Laotian people who lived in Laos, Thailand, Vietnam, and China.
   2. The history of the Hmong and Laotian migration to the United States and California, as well as other parts of the world.
   3. Cultural beliefs, practices, and traditions of the Hmong and Laotian people, including, among other things, those surrounding Hmong and Laotian New Year celebrations, marriages, newborns, and funerals.
   4. Contributions of the Hmong and Laotian people to California and the United States.
   5. The contributions and sacrifices of the Hmong, Laotian, and other Southeast Asians who served in the “Secret Army” in Laos, which was funded by the United States Central Intelligence Agency and the Royal Lao Army.
5. Encourages, beginning in the school year following the adoption of the model curriculum, each LEA maintaining any of grades 9 to 12, inclusive, that does not otherwise offer a standards-based Hmong or Laotian studies curriculum, to offer to all otherwise qualified pupils a course of study in Hmong and Laotian studies based on the model curriculum.
6. Specifies that “Laotian” includes, but is not limited to, the Lao, Iu Mien, Khmu, Phutai, Tai Lue, Tai Dam, and Tai Deng ethnic groups.

Comments

1. Need for this bill. According to the author, “while existing law encourages instruction in the area of social sciences that may include instruction on the Vietnam War, including a component drawn from personal testimony of Southeast Asians who were involved in the war, such curriculum does not include the experience and testimony of Laotian refugees who were involved and affected by the war. It is important to teach students the complete and accurate history of the Vietnam War, also known as the Second Indochina War, which took place in Vietnam, Cambodia, and Laos.

“Through the passage of SB 895 (Nguyen, 2018) the Instructional Quality Commission is required to develop and submit to the State Board of Education a model curriculum relative to the Vietnamese American refugee experience, a model curriculum relative to the Cambodian genocide, and a model curriculum in Hmong history and cultural studies. The history of Laotian refugees and the country of Laos, which is inseparable from the history of the Vietnam War, was not included in SB 895.”

1. Committee policy. In recent years, the Education Committees in both the Senate and the Assembly have seen numerous bills attempting to require the IQC to include specific topics during framework revisions. In response, both committees passed identical rules discouraging that specific type of legislation. Members responded accordingly, and the committees began to see additional bills relating to model curricula in a variety of topics, such as the Vietnamese refugee experience, the Cambodian genocide, Hmong history and cultural studies, media literacy, service learning, financial literacy. The Committees revised their curriculum policy to also strongly discourage members from introducing measures that create new model curricula.

This bill, as introduced in the Assembly, required the IQC to develop an additional model curriculum in Laotian history and cultural studies. The Assembly Education Committee amended this bill to add its requirements to the existing requirement for the IQC to develop a Hmong history and cultural studies model curriculum.

The purpose of the Committees’ policy is to encourage members to use the IQC’s administrative process before resulting to legislation. To that end, the Legislature may wish to consider if the inclusion of Laotian history and cultural studies should be accomplished through direct work with the IQC as it develops the model curricula in the Vietnamese refugee experience, the Cambodian genocide, and Hmong history and cultural studies, rather than an additional requirement on IQC.

1. Instructional Quality Commission and model curricula. Currently, the IQC is developing the ethnic studies model curriculum. Additionally, the Legislature has tasked the IQC with developing four additional model curricula, all of which are culturally-based: Native American, Vietnamese refugee experience, the Cambodian genocide, Hmong history and cultural studies. The IQC previously developed a model curriculum on the Life and Work of Cesar Chavez that the SBE adopted in 2002. In recent weeks, concerns have been raised over the current draft of the ethnic studies model curriculum, including concerns about the groups that it includes or excludes, terminology used in the model curriculum, and specific resources it recommends. It is important to note that the IQC has a robust development process for model curricula that includes multiple opportunities for the public to provide input and feedback on model curricula under development. The IQC’s public comment period for the current draft of the ethnic studies model curriculum closes on August 15, 2019. Given the discussion that the current draft of the ethnic studies model curriculum has generated – and the additional model curricula already on the IQC’s agenda – the Legislature may wish to consider imposing additional model curricula requirements on the IQC.

Related/Prior Legislation

SB 895 (Nguyen, Chapter 686, Statutes of 2018) required the IQC to develop and submit to the SBE, and required the SBE to adopt, modify, or revise, the following model curricula: (1) relative to the Vietnamese American refugee experience that includes, but is not limited to, curriculum on the fall of Saigon in 1975, (2) relative to the Cambodian genocide, and (3) in Hmong history and cultural studies.

SB 830 (Dodd, Chapter 448, Statutes of 2018) would have required the IQC to develop, and the SBE to adopt, modify, or revise, a model curriculum in media literacy. SB 830 was amended in the Assembly Appropriations Committee to require the California Department of Education (CDE) to make available to school districts on its Internet Web site, by July 1, 2019, a list of resources and instructional materials on media literacy, including media literacy professional development programs for teachers.

SB 135 (Dodd, 2017) was substantially similar to the introduced version of SB 830 (Dodd, 2018). SB 135 passed the Senate Education Committee on April 19, 2017, and was held in the Assembly Appropriations Committee.

SB 583 (Stone, 2017) would have required the development of a model curriculum for an elective course in financial literacy for pupils in grades 9 to 12, inclusive. SB 583 was held in the Assembly Appropriations Committee.

AB 155 (Gomez, 2017) would have required the IQC to develop a model curriculum in media literacy, and would have required the CDE to develop an online professional development module to support the model curriculum. AB 155 was held in the Assembly Appropriations Committee.

AB 838 (Levine, 2017) would have required that the IQC develop a model curriculum on the 2016 presidential election, for voluntary use in secondary government courses. AB 838 was held in the Assembly Appropriations Committee.

AB 738 (Limon, Chapter 614, Statutes of 2017) required the development of a model curriculum in Native American studies, and required school districts which elect to offer one course in Native American studies to make the course available in at least one year during a student’s enrollment in grades 9-12.

AB 2016 (Alejo, Chapter 327, Statutes of 2016) required the IQC to develop, and the SBE to adopt, a model curriculum in ethnic studies, as specified. The bill also encouraged school districts and charter schools to offer an ethnic studies course based on the model curriculum for students in grades 9-12.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/12/19)

Advocates for Iu Mien – California (co-source)

Lao American Advancement Organization (co-source)

Asian Pacific Environmental Network

California Association of Human Relations Organizations

California Pacific Chamber of Commerce

Center for Lao Studies

Council of Asian Pacific Islanders Together for Advocacy & Leadership

Hmong Innovating Politics

Iu Mien American National Coalition

Iu Mien Community Services

Kuya Ate Mentorship Program

Lao Advocacy Organization San Diego

Lao American Coalition

Lao American Cultural Center

Lao Community Cultural Center of San Diego

Lao Family Community Development

Lao Iu Mien Culture Association

Laos Angeles LLC

Legacies of War

Pheuane Khrou Lao Organization

Progressive Vietnamese American Organization

Sacramento Asian Pacific Film Festival

Sacramento Iu Mien Association

Shasta County Mien Community

Southeast Asia Resource Action Center

Southeast Asian Assistance Center

Tai Lue Cultural Heritage of the USA

TeAda Productions

Valley Hi-Covenant

Several individuals

OPPOSITION: (Verified 8/12/19)

None received

ASSEMBLY FLOOR: 78-0, 5/23/19

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Cooley, Eduardo Garcia

Prepared by: Brandon Darnell / ED. /

8/14/19 15:17:07

**** END ****

SENATE COMMITTEE ON EDUCATION

Senator Connie Leyva, Chair

2019 - 2020 Regular

Bill No: AB 1393 Hearing Date: July 10, 2019

Subject: Pupil instruction: model curriculum: Laotian history and cultural studies.

SUMMARY

This bill adds Laotian history and cultural studies to the forthcoming model curriculum in Hmong history and cultural studies that the Instructional Quality Commission (IQC) is required to develop and submit to the State Board of Education (SBE) by December 31, 2022, and that the SBE is required to adopt, modify, or reject by March 31, 2023.

BACKGROUND

Existing law:

1) Requires the IQC to develop, and the SBE to adopt, modify, or revise, a model curriculum in ethnic studies, and requires that the model curriculum be written as a guide to allow school districts to adapt their courses to reflect the student demographics in their communities, and include examples of courses offered by local educational agencies (LEAs) that have been approved as meeting A-G admissions requirements including, to the extent possible, course outlines for those courses. (Education Code § 51226.7)

2) Requires that, by December 31, 2019, the IQC to submit the ethnic studies model curriculum to the SBE for adoption, and the SBE to adopt the model curriculum by March 31, 2020. (EC § 51226.7)

3) Requires the IQC to develop and submit to the SBE, and requires the SBE to adopt, modify, or revise, the following model curricula: (1) relative to the Vietnamese American refugee experience that includes, but is not limited to, curriculum on the fall of Saigon in 1975, (2) relative to the Cambodian genocide, and (3) in Hmong history and cultural studies. (EC § 33540.2, 33540.4, and 33540.6)

4) Requires the IQC to submit model curriculum in Hmong history and cultural studies to the SBE by December 31, 2022, and requires the SBE to adopt, modify, or reject the model curriculum before March 31, 2023. (EC § 33540.6)

5) Encourages that instruction be provided on the Vietnam war, including the “Secret War” in Laos and the role of Southeast Asians in that war, and encourages that this instruction include a component drawn from personal testimony, especially in the form of oral or video history of Southeast Asians who were involved in the Vietnam war and those men and women who contributed to the war effort on the homefront. (EC § 51221.4)

6) Requires that the oral histories used as a part of the instruction regarding the role of Southeast Asians in the Vietnam war and the “Secret War” in Laos exemplify the personal sacrifice and courage of the wide range of ordinary citizens who were called upon to participate and provide intelligence for the United States. (EC § 51221.4)

ANALYSIS

This bill adds Laotian history and cultural studies to the forthcoming model curriculum in Hmong history and cultural studies that the Instructional Quality Commission (IQC) is required to develop and submit to the State Board of Education (SBE) by December 31, 2022, and that the SBE is required to adopt, modify, or reject by March 31, 2023. Specifically, this bill:

STAFF COMMENTS

1. Need for the bill. According to the author, “while existing law encourages instruction in the area of social sciences that may include instruction on the Vietnam War, including a component drawn from personal testimony of Southeast Asians who were involved in the war, such curriculum does not include the experience and testimony of Laotian refugees who were involved and affected by the war. It is important to teach students the complete and accurate history of the Vietnam War, also known as the Second Indochina War, which took place in Vietnam, Cambodia, and Laos.

Through the passage of SB 895 (Nguyen, 2018) the Instructional Quality Commission is required to develop and submit to the State Board of Education a model curriculum relative to the Vietnamese American refugee experience, a model curriculum relative to the Cambodian genocide, and a model curriculum in Hmong history and cultural studies. The history of Laotian refugees and the country of Laos, which is inseparable from the history of the Vietnam War, was not included in SB 895.”

1. Committee Policy. In recent years, the Education Committees in both the Senate and the Assembly have seen numerous bills attempting to require the IQC to include specific topics during framework revisions. In response, both committees passed identical rules discouraging that specific type of legislation. Members responded accordingly, and the committees began to see additional bills relating to model curricula in a variety of topics, such as the Vietnamese refugee experience, the Cambodian genocide, Hmong history and cultural studies, media literacy, service learning, financial literacy. The Committees revised their curriculum policy to also strongly discourage members from introducing measures that create new model curricula.

This bill, as introduced in the Assembly, required the IQC to develop an additional model curriculum in Laotian history and cultural studies. The Assembly Education Committee amended the bill to add that requirement to the existing requirement for the IQC to develop a Hmong history and cultural studies model curriculum.

It is important to note that the IQC has a robust development process for model curricula that includes multiple opportunities for the public to provide input and feedback on model curricula under development. For example, below is the schedule of events for the ethnic studies model curriculum:

The purpose of the committees’ policy is to encourage members to use the IQC’s administrative process before resulting to legislation. To that end, the committee may wish to consider if the inclusion of Laotian history and cultural studies should be accomplished through direct work with the IQC as it develops the model curricula in the Vietnamese refugee experience, the Cambodian genocide, and Hmong history and cultural studies, rather than an additional requirement on IQC.

1. Related and previous legislation. SB 895 (Nguyen, Chapter 686, Statutes of 2018) requires the IQC to develop and submit to the SBE, and requires the SBE to adopt, modify, or revise, the following model curricula: (1) relative to the Vietnamese American refugee experience that includes, but is not limited to, curriculum on the fall of Saigon in 1975, (2) relative to the Cambodian genocide, and (3) in Hmong history and cultural studies.

SB 830 (Dodd, Chapter 448, Statutes of 2018) would have required the Instructional Quality Commission (IQC) to develop, and the State Board of Education (SBE) to adopt, modify, or revise, a model curriculum in media literacy. SB 830 was amended in the Assembly Appropriations Committee to require the California Department of Education (CDE) to make available to school districts on its Internet Web site, by July 1, 2019, a list of resources and instructional materials on media literacy, including media literacy professional development programs for teachers.

SB 135 (Dodd, 2017) was substantially similar to the introduced version of SB 830 (Dodd, 2018). SB 135 passed this committee on April 19, 2017, and was held in the Assembly Appropriations Committee.

SB 583 (Stone, 2017) would have required the development of a model curriculum for an elective course in financial literacy for pupils in grades 9 to 12, inclusive. SB 583 was held in the Assembly Appropriations Committee.

AB 155 (Gomez, 2017) would have required the IQC to develop a model curriculum in media literacy, and requires the CDE to develop an online professional development module to support the model curriculum. AB 155 was held in the Assembly Appropriations Committee.

AB 838 (Levine, 2017) would have required that the IQC develop a model curriculum on the 2016 presidential election, for voluntary use in secondary government courses. AB 838 was held in the Assembly Appropriations Committee.

AB 738 (Limon, Ch. 614, Stats. 2017) requires the development of a model curriculum in Native American studies, and requires school districts which elect to offer one course in Native American studies to make the course available in at least one year during a student’s enrollment in grades 9-12.

AB 2016 (Alejo, Ch. 327, Stats. 2016) requires the IQC to develop, and the 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 for students in grades 9-12.

SUPPORT

Advocates for Iu Mien – California (Co-Sponsor)

Lao American Advancement Organization (Co-Sponsor)

California Pacific Chamber of Commerce (CalAsian)

Council of Asian Pacific Islanders Together for Advocacy & Leadership

Iu Mien American National Coalition

Iu Mien Community Services

Lao American Coalition

Lao Community Cultural Center of San Diego

Lao Family Community Development

Lao Iu Mien Culture Association

Legacies of War

Progressive Vietnamese American Organization

Sacramento Asian Pacific Film Festival

Sacramento Iu Mien Association

Shasta County Mien Community

Southeast Asia Resource Action Center

Tai Lue Cultural Heritage of the USA

Valley Hi-Covenant

Several individuals

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1393

Author:(Weber and Arambula)

As Amended Ver:April 11, 2019

Majority vote

SUMMARY:

Requires Laotian history and cultural studies be added to the Hmong model curriculum to be developed by the Instructional Quality Commission (IQC) and submitted to the State Board of Education (SBE) for adoption by December 31, 2022, and requires the SBE to adopt, modify or reject the model curriculum on or before March 31, 2023.

Major Provisions

1. Requires Laotian history and cultural studies be added to the Hmong model curriculum to be developed by the IQC and submitted to the SBE for adoption by December 31, 2022, and requires the SE to adopt, modify or reject the model curriculum on or before March 31, 2023.
2. Requires that the model curriculum be developed with participation from Laotian American cultural centers and community groups located in California, surviving members of the Royal Lao Army and descendants of those members, Laotian American refugees and descendants of those refugees, faculty of Laotian studies programs at universities and colleges, and a group of representatives of local educational agencies (LEAs), a majority of whom are kindergarten through 12th grade teachers who have relevant experience or educational backgrounds in the study and teaching of Laotian American history and culture.
3. Requires that the model curriculum address:
   1. The history of the Laotian people who lived in Laos, Thailand, Vietnam, and China.
   2. The history of the Laotian migration to the United States and California, as well as other parts of the world.
   3. Cultural beliefs, practices, and traditions of the Laotian people, including, among other things, those surrounding Laotian New Year celebrations, marriages, newborns, and funerals.
   4. Contributions of the Laotian people to California and the United States.
   5. The contributions and sacrifices of the Lao-Hmong and other Southeast Asians who served in the "Secret Army" in Laos, which was funded by the United States Central Intelligence Agency.
4. Defines "Laotian" to include the Lao, Iu Mien, Khmu, Phutai, Tai Lue, Tai Dam, and Tai Deng ethnic groups.

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 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. 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, human rights and genocide, ethnic studies, and others.

According to the Author:

"Through the passage of SB 895 (Nguyen, 2018) the Instructional Quality Commission is required to develop and submit to the State Board of Education a model curriculum relative to the Vietnamese American refugee experience, a model curriculum relative to the Cambodian genocide, and a model curriculum in Hmong history and cultural studies. The history of Laotian refugees and the country of Laos, which is inseparable from the history of the Vietnam War, was not included in SB 895.

While existing law encourages instruction in the area of social sciences that may include instruction on the Vietnam War, including a component drawn from personal testimony of Southeast Asians who were involved in the war, such curriculum does not include the experience and testimony of Laotian refugees who were involved and affected by the war. It is important to teach students the complete and accurate history of the Vietnam War, also known as the Second Indochina War, which took place in Vietnam, Cambodia, and Laos. The history and experience of refugees from these countries need to all be included in the model curricula.

Based on the 2010 census, California is home to the largest Laotian population outside of Laos, with over 69,000 people of Laotian background. For the past 40 years, Laotian American refugees have enriched the social, cultural, and economic landscape of California. However, little is known about the history of Laotian refugees, culture, and community. There is a growing body of academic research that shows the importance of culturally meaningful and relevant curriculum, which positively impact student educational achievement."

Arguments in Support:

The California Association of Human Relations Associations, "While existing law encourages instruction in the area of social sciences that may include lessons on the Vietnam War, it does not include the experience and testimony of Laotian refugees who were involved and affected by the war. It is important to teach students the complete and accurate history of the Vietnam War, also known as the Second Indochina War, which took place in Vietnam, Cambodia, and Laos. The history and experience of refugees from these countries need to be included in the model curricula."

Arguments in Opposition:

None on file

FISCAL COMMENTS:

According to the Assembly Appropriations Committee, no additional cost.

VOTES:

ASM EDUCATION: 6-0-0

YES: O'Donnell, Kiley, Kalra, McCarty, Smith, Weber

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

UPDATED:

VERSION: April 11, 2019

CONSULTANT: Tanya Lieberman / ED. / (916) 319-2087 FN: 0000733

Date of Hearing: May 1, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1393

Author:(Weber) – As Amended Ver:April 11, 2019

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires Laotian history and cultural studies be added to the Hmong model curriculum to be developed by the Instructional Quality Commission (IQC) and submitted to the State Board of Education (SBE) for adoption by December 31, 2022, and requires the SE to adopt, modify or reject the model curriculum on or before March 31, 2023.

FISCAL EFFECT:

No additional cost.

COMMENTS:

1. Purpose. According to the author:

Based on the 2010 census, California is home to the largest Laotian population outside of Laos, with over 69,000 people of Laotian background. For the past 40 years, Laotian American refugees have enriched the social, cultural, and economic landscape of California. However, little is known about the history of Laotian refugees, culture, and community. There is a growing body of academic research that shows the importance of culturally meaningful and relevant curriculum, which positively impact student educational achievement.

1. Background. 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 SBE. In addition to developing standards in the above subject areas, the SBE is sometimes directed by law to develop model curricula on different topics.

SB 895 (Nguyen), Chapter 686, Statutes of 2018, requires, by December 31, 2022, the IQC to develop, and the SBE to adopt, modify or revise, model curricula relative to the Vietnamese American refugee experience, the Cambodian genocide, and Hmong history and cultural studies. SB 895 also requires, by March 31, 2023, the SBE to adopt, modify or reject the model curricula. Finally, it requires Superintendent of Public Instruction to post the model curricula on the California Department of Education’s (CDE) website for use on a voluntary basis by educators. Existing law specifies these provisions are subject to an appropriation or on the receipt of grants, donations or other financial support for their purposes.

The IQC indicates the development of each model curriculum costs about $850,000, regardless of its content. The CDE indicates the Legislature has not yet provided funding for the IQC to develop the Hmong model curriculum, nor have other entities.

1. Staff Comment. The Assembly Education Committee has adopted a policy strongly discouraging members from introducing measures that create new model curricula.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: April 10, 2019

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 1393 (

Author:Weber) – As Introduced Ver:February 22, 2019

SUBJECT: Pupil instruction: model curriculum: Laotian history and cultural studies

SUMMARY: Requires the Instructional Quality Commission (IQC) to develop and submit to the State Board of Education (SBE) a model curriculum relative to the history and cultural study of Laotian refugees. Specifically, this bill:

1. Requires, on or before December 31, 2022, the IQC to develop and submit to the SBE a model curriculum relative to the history and cultural study of Laotian refugees. Requires the model curriculum to include, but not be limited to, the Lao, Iu Mien, Khmu, Phutai, Tai Lue, Tai Dam, and Tai Deng ethnic groups.
2. Requires that the model curriculum be developed with participation from Laotian American cultural centers and community groups located in California, surviving members of the Royal Lao Army and descendants of those members, Laotian American refugees and descendants of the those refugees, faculty of Laotian studies programs at universities and colleges, and a group of representatives of local educational agencies (LEAs), a majority of whom are kindergarten through 12^th grade teachers who have relevant experience or educational backgrounds in the study and teaching of Laotian American history and culture.
3. Requires that the curriculum identify the ways in which the model curriculum aligns with, and is supportive of, the common core academic content standards and of the goals of the curriculum framework in history-social science adopted by the SBE in 2016.
4. Requires that the model curriculum include curriculum appropriate for use in elementary schools, middle schools, and high schools.
5. Requires that the model curriculum developed for use in high schools include examples of courses offered by local educational agencies 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. 
6. Requires that the model curriculum address, but not necessarily be limited to, all of the following:
7. The history of Laos in the 14th century at the time of the Lan Xang Kingdom, which means the “Land of a Million Elephants,” under King Fa Ngum, and the history of the Laotian people who lived in Laos, Thailand, Vietnam, and China.
8. The history of war and conflict in Laos that led to the migration to the United States, which shall include, but not be limited to, the United States Secret War in Laos, the bombing missions to interdict supply lines along the Ho Chi Minh Trail, and the unexploded ordnance, which not only pose an imminent and real threat to Laotians, but significantly impact quality of life for all Lao citizens.
9. The contributions and sacrifices of the Laotian civilians and soldiers in the Royal Lao Army who fought in the Secret War.
10. The history of the Laotian migration to California and to other parts of the United States and the world, which shall include, but not be limited to, family separation, escape across the Mekong River, and life inside refugee camps.
11. The writings, oral testimonies, videos, documentaries, and other media that represent all perspectives of the Laotian refugee experience.
12. Unique cultural beliefs, practices, and traditions of Laotian Americans of the Lao, Iu Mien, Khmu, Phutai, Tai Lue, Tai Dam, and Tai Deng ethnic groups, including, but not limited to, new year festivals, traditional arts and music, food, and ceremonies for marriages, births, and funerals.
13. Assimilation to a new life in California and the United States, the generational issues, and the contributions of Laotian American communities to California and the United States.
14. Requires the IQC to hold a minimum of two public hearings, which shall be held pursuant to the Bagley-Keene Open Meeting Act.
15. Requires that the model curriculum be written as a guide to allow local educational agencies to adapt their courses to best meet the educational needs of their communities. 
16. Requires the SBE, or before March 31, 2023, to adopt, modify, or reject the model curriculum.
17. Requires the IQC to provide a minimum of 45 days for public comment before submitting the model curriculum to the SBE. 
18. Requires that, if the SBE modifies the model curriculum submitted by the IQC, the SBE explain, in writing, the reasons for the modifications to the Governor and the appropriate policy and fiscal committees of the Legislature, and provide that written explanation in a meeting conducted pursuant to the Bagley-Keene Open Meeting Act.
19. Prohibits the SBE from adopting the model curriculum at the same meeting at which it provides its written explanation, but, instead, adopt the modifications at a subsequent meeting conducted no later than July 31, 2023.
20. Requires that, if the SBE rejects the model curriculum, it transmit to the Superintendent of Public Instruction (SPI), the Governor, and the appropriate policy and fiscal committees of the Legislature a specific written explanation of the reasons for the rejection of the model curriculum.
21. Requires that, following the adoption of the model curriculum, the SPI post the model curriculum on the California Department of Education’s (CDE’s) internet website for use on a voluntary basis by educators.
22. Encourages, beginning in the school year following the adoption of the model curriculum, LEAs to use the model curriculum to provide instruction in kindergarten and grades 1 to 8. 
23. Requires, beginning in the school year following the adoption of the model curriculum, an LEA that maintains any of grades 9 to 12, inclusive, that does not otherwise offer a standards-based Laotian studies curriculum is encouraged to offer to all otherwise qualified pupils a course of study in Laotian studies based on the model curriculum. 
24. Requires, for an LEA in which the Laotian pupil population consists of 3.5 percent or more of the total pupil population of the local educational agency, a meeting of the governing board or body of the local educational agency to decide whether or not to adopt the model curriculum shall be conducted pursuant to the Ralph M. Brown Act.
25. Requires an LEA that decides not to adopt the model curriculum to articulate and record the reasons for not adopting the model curriculum, and to maintain those records for a minimum of 10 years. 
26. Defines “Laotian” to mean a person who has at least one ancestor who was part of an ethnic group from Laos, including, but not limited to, Lao, Iu Mien, Khmu, Phutai, Tai Lue, Tai Dam, and Tai Deng. States that, for purposes of the model curriculum, “Laotian” does not include the ethnic group included in the model curriculum developed in Hmong studies.
27. Defines LEA to mean a school district, county office of education, or charter school. 
28. Makes implementation of the act subject to the receipt of grants, donations, or other financial support from private or public sources for its purposes, including an appropriation in the annual Budget Act or another statute.

EXISTING LAW:

1. Requires the IQC to develop and submit to the SBE, and requires the SBE to adopt, modify, or revise, the following model curricula: (1) relative to the Vietnamese American refugee experience that includes, but is not limited to, curriculum on the fall of Saigon in 1975, (2) relative to the Cambodian genocide, and (3) in Hmong history and cultural studies.
2. Encourages that instruction be provided on the Vietnam war, including the “Secret War” in Laos and the role of Southeast Asians in that war, and encourages that this instruction include a component drawn from personal testimony, especially in the form of oral or video history of Southeast Asians who were involved in the Vietnam war and those men and women who contributed to the war effort on the homefront.
3. Requires that the oral histories used as a part of the instruction regarding the role of Southeast Asians in the Vietnam war and the “Secret War” in Laos exemplify the personal sacrifice and courage of the wide range of ordinary citizens who were called upon to participate and provide intelligence for the United States.
4. Requires that the oral histories contain the views and comments of their subjects regarding the reasons for their participation in the war.
5. Requires that the oral histories solicit comments from their subjects regarding the aftermath of the war and the immigration of Southeast Asians to the United States.
6. Requires the IQC to develop, and the SBE to adopt, modify, or revise, a model curriculum in ethnic studies, and requires that the model curriculum be written as a guide to allow school districts to adapt their courses to reflect the student demographics in their communities, and include examples of courses offered by LEAs that have been approved as meeting A-G admissions requirements including, to the extent possible, course outlines for those courses. (EC 51226.7)
7. Requires that, by December 31, 2019, the IQC to submit the model curriculum to the SBE for adoption, and the SBE to adopt the model curriculum by March 31, 2020.
8. Requires a school district or charter school that elects to offer a course of study in ethnic studies to offer the course as an elective in the social sciences or English language arts and to make the course available in at least one year during a student’s enrollment in grades 9 to 12.
9. Requires the development of a model curriculum in Native American studies, and requires school districts which elect to offer one course in Native American studies to make the course available in at least one year during a student’s enrollment in grades 9-12.

FISCAL EFFECT: Unknown

COMMENTS:

Need for the bill. The author states, “Through the passage of SB 895 (Nguyen, 2018) the Instructional Quality Commission is required to develop and submit to the State Board of Education a model curriculum relative to the Vietnamese American refugee experience, a model curriculum relative to the Cambodian genocide, and a model curriculum in Hmong history and cultural studies. The history of Laotian refugees and the country of Laos, which is inseparable from the history of the Vietnam War, was not included in SB 895.

While existing law encourages instruction in the area of social sciences that may include instruction on the Vietnam War, including a component drawn from personal testimony of Southeast Asians who were involved in the war, such curriculum does not include the experience and testimony of Laotian refugees who were involved and affected by the war. It is important to teach students the complete and accurate history of the Vietnam War, also known as the Second Indochina War, which took place in Vietnam, Cambodia, and Laos. The history and experience of refugees from these countries need to all be included in the model curricula.

Based on the 2010 census, California is home to the largest Laotian population outside of Laos, with over 69,000 people of Laotian background. For the past 40 years, Laotian American refugees have enriched the social, cultural, and economic landscape of California. However, little is known about the history of Laotian refugees, culture, and community. There is a growing body of academic research that shows the importance of culturally meaningful and relevant curriculum, which positively impact student educational achievement.”

Committee Policy. This Committee has adopted a policy strongly discouraging members from introducing measures that create new model curricula. Staff recommends that the bill be amended to require that the requirements of this bill be added to the existing requirement to develop a model curriculum in Hmong studies.

Adoption of a model curriculum. This bill requires, for an LEA in which the Laotian pupil population consists of 3.5 percent or more of the total pupil population of the LEA, a meeting of the governing board or body to decide whether or not to adopt the model curriculum be conducted pursuant to the Ralph M. Brown Act. Model curricula are developed for voluntary use by educators, and are not adopted by school districts. Staff recommends that the bill be amended to strike this provision.

REGISTERED SUPPORT / OPPOSITION:

Support

Advocates For Iu Mien - California
Asian Pacific Islander American Public Affairs Association

Bay Area Lao Organization
California Association of Human Relations Organizations
Center for Lao Studies
Eric Guerra, Vice Mayor, City of Sacramento

Fresno Interdenominational Refugee Ministries
Iu Mien Community Services
Khmu National Federation, Inc.
Lao American Advancement Organization
Lao American Cultural Center
Lao Lanexang Association Of Northern California
Laos Angeles, LLC

Lao Advocacy Organization of San Diego

Lao American Coalition

Lao Community Cultural Center of Fresno

Lao Community Cultural Center of San Diego

Laotian American Community of Fresno

Legacies of War

Pheuane Khrou Lao Organization
Teada Productions
Progressive Vietnamese American Organization

Southeast Asia Resource Action Center

The Fresno Center

Vietnamese Youth Development Center

Opposition

None on file

Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087