GOVERNOR'S VETO

GV Bill Id:AB 331

Author:(Medina, et al.)

As Enrolled Ver:September 4, 2020

2/3 vote

SUMMARY:

Requires, commencing with the graduating class of 2029-30, pupils enrolled in grades 9 to 12 to complete a semester-long course in ethnic studies in order to graduate from high school; requires local educational agencies and charter schools to offer a one-semester course in ethnic studies by the 2025-26 school year; permits the ethnic studies course requirement to be met through several course options, including locally developed courses and courses aligned to the ethnic studies model curriculum required to be developed under current law; and requires that instruction and materials used in these courses be appropriate for use with a broad range of pupils, among other requirements.

The Senate Amendments:

1. Change the effective date of the act from the 2024-25 school year to pupils graduating in the 2029-30 school year.
2. Require, commencing with the 2025-26 school year, local educational agencies and charter schools with pupils enrolled in grades 9 to 12 offer a one-semester course in ethnic studies.
3. Remove the requirement that the ethnic studies course be based on the model ethnic studies curriculum required to be developed by the Instructional Quality Commission (IQC) under existing law, and instead provide the following options for the content of the course:
   1. A course based on the model ethnic studies curriculum;
   2. An existing ethnic studies course;
   3. An ethnic studies course that has been approved as meeting the A-G admissions requirements of the University of California and the California State University;
   4. A locally developed ethnic studies course approved by the governing board of the school district or the governing body of the charter school.
4. Require that instruction and materials for the required ethnic studies course:
5. Be appropriate for use with pupils of all races, religions, genders, sexual orientations, and diverse ethnic and cultural backgrounds, pupils with disabilities, and English learners.
6. 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 specified in existing law.
7. Not teach or promote religious doctrine.
8. Repeal a requirement of existing law which requires that 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 pupil's enrollment in grades 9 to 12.
9. Make the provisions of the bill operative only up on an appropriation of funds by the Legislature in the annual Budget act or another statute.
10. Remove language clarifying the existing requirement that charter school pupils meet the same graduation requirements as all other public school pupils. Clarify that pupils enrolled at charter schools are subject to the proposed ethnic studies requirement. State that the amendments to the graduation requirement section of law made by the bill shall not be construed to alter any other requirement of this section for pupils enrolled in a charter school.

Governor's Veto Message:

This bill would require a course that incorporates ethnic studies as its primary content as a high school graduation requirement starting in the 2029-30 school year.

I value the role ethnic studies plays in helping students think critically about our history and understand the experience of marginalized communities in our state. This academic discipline will help prepare our young adults to become civically engaged and participate fully in our democracy. For these reasons, I already signed AB 1460, which will mandate ethnic studies as a graduation requirement for the California State University system.

I appreciate the amendments the author accepted to ensure that any ethnic studies coursework is free of bias and discrimination. I am also pleased that many more schools and districts have recently joined the hundreds of schools across our state that have adopted ethnic studies courses, and we intend to support these schools with professional development resources.

This bill, however, would require ethnic studies to be taught in high school at a time when there is much uncertainty about the appropriate K-12 model curriculum for ethnic studies. I have been closely monitoring the progress of the development of the K-12 ethnic studies model curriculum. Last year, I expressed concern that the initial draft of the model curriculum was insufficiently balanced and inclusive and needed to be substantially amended. In my opinion, the latest draft, which is currently out for review, still needs revision.

I am directing staff in my Administration to work with State Board of Education President Linda Darling-Hammond and State Superintendent of Public Instruction Tony Thurmond to ensure that the draft ethnic studies model curriculum achieves balance, fairness, and is inclusive of all communities.

In California, we don't tolerate our diversity. We celebrate it. That should be reflected in our high school curriculum. I look forward to our model curriculum achieving these goals.

COMMENTS:

State graduation requirements. Current law establishes state high school graduation requirements for California public school students in all public school settings, including completion of a total of 13 courses (full year or semester) in the subjects of English; mathematics; science; social studies; visual and performing arts, world languages, or career technical education; and physical education. Current law also permits school districts to establish local graduation requirements which exceed those of the state. Some school districts have already made completion of a course in ethnic studies a local graduation requirement. Among them are Montebello Unified School District, El Rancho Unified School District, Sacramento City Unified School District, and Coachella Valley Unified School District.

Status of ethnic studies model curriculum. Current law requires the IQC, to develop, by December 31, 2020, and the State Board of Education (SBE) to adopt, modify, or revise, by March 31, 2021, a model curriculum in ethnic studies. In August of 2020 the IQC reviewed a draft of the model curriculum, and will post the draft for a 30 day period of public review and comment in September, 2020. The IQC will then consider further revisions before the model curriculum is submitted to the SBE for action.

According to the Author:

"Knowledge of our history plays a critical role in shaping who we become. When I was growing up, the history of those who look like me was not represented in the classroom. As a former Ethnic Studies teacher, I saw firsthand how much more engaged my students were when they saw themselves reflected in the coursework.

California is one of the most diverse states in the country and we should celebrate that diversity by teaching a curriculum that is inclusive of all of our cultures and backgrounds. Ethnic Studies provide students an opportunity to learn about histories outside of the Euro-centric teachings most prominent in our schools. At a time when the national climate drives divisiveness and fear of otherness, Ethnic Studies can play a critical role in increasing awareness and understanding.

It is not my intent, in specifically referring to charter school pupils in the requirements of the bill, to imply that these pupils are not required to meet other graduation requirements specified in current law. Indeed, it is my long-held understanding that the law requires all public school students, regardless of where they are enrolled, to meet, at a minimum, the course requirements in the law in order to earn a high school diploma."

Arguments in Support:

The California State PTA writes, "The California State PTA believes that the curriculum of the public school should be and can be a major influence in establishing each students' sense of personal worth.  We also recognize that knowledge about one's own historical background in this country and in other countries, as well as understanding and accepting the differing historical background of others, is essential to the development of mature, responsible citizens."

Arguments in Opposition:

The Charter Schools Development Center writes, "Today, fewer than 1% of students statewide are enrolled in an ethnic studies course, the cost of enrolling, providing course materials, and classroom space for the other 99 percent of students will run in the tens of millions of dollars statewide."

FISCAL COMMENTS:

According to the Senate Appropriations Committee: By requiring a semester-long course in ethnic studies as a new high school graduation requirement, this bill could create a reimbursable state mandate likely in the low millions of dollars annually (Proposition 98 General Fund). This estimate is based on the statewide cost estimate adopted by the Commission on State Mandates for the Graduation Requirements mandate. The reimbursable activities could include hiring new teachers or providing additional training, integration of ethnic studies content in current courses, course development, and the purchase of instructional materials. However, actual costs would depend upon a determination by the Commission regarding specific elements of the bill that may be deemed reimbursable, should school districts file a successful mandate claim. To the extent that school districts are already requiring a course in ethnic studies as a local graduation requirement, the related costs could still be eligible for reimbursement from the state. There could also be significant local costs for charter schools to comply with the bill's requirements.

VOTES:

ASM EDUCATION: 5-1-0

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

NO: Kiley

ASM APPROPRIATIONS: 13-5-0

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

NO: Bigelow, Brough, Diep, Fong, Obernolte

ASSEMBLY FLOOR: 63-8-9

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

NO: Bigelow, Brough, Chen, Gallagher, Kiley, Melendez, Obernolte, Waldron

ABS, ABST OR NV: Choi, Cooley, Dahle, Fong, Eduardo Garcia, Mathis, Mayes, Patterson, Voepel

SENATE FLOOR: 33-4-3

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

NO: Grove, Melendez, Moorlach, Morrell

ABS, ABST OR NV: Bates, Dahle, Jones

ASSEMBLY FLOOR: 62-12-5

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

NO: Bigelow, Brough, Chen, Megan Dahle, Fong, Gallagher, Kiley, Lackey, Mathis, Obernolte, Patterson, Waldron

ABS, ABST OR NV: Eggman, Flora, Frazier, Mayes, Voepel

UPDATED:

VERSION: September 4, 2020

CONSULTANT: Tanya Lieberman / ED. / (916) 319-2087 FN: 0003728JT

(Without Reference to File)

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 331

Author:(Medina, et al.)

As Amended Ver:August 28, 2020

Majority vote

SUMMARY:

Requires, commencing with the graduating class of 2029-30, pupils enrolled in grades 9 to 12 to complete a semester-long course in ethnic studies in order to graduate from high school; requires local educational agencies and charter schools to offer a one-semester course in ethnic studies by the 2025-26 school year; permits the ethnic studies course requirement to be met through several course options, including locally developed courses and courses aligned to the ethnic studies model curriculum required to be developed under current law; and requires that instruction and materials used in these courses be appropriate for use with a broad range of pupils, among other requirements.

The Senate Amendments:

1. Change the effective date of the act from the 2024-25 school year to pupils graduating in the 2029-30 school year.
2. Require, commencing with the 2025-26 school year, local educational agencies and charter schools with pupils enrolled in grades 9 to 12 offer a one-semester course in ethnic studies.
3. Remove the requirement that the ethnic studies course be based on the model ethnic studies curriculum required to be developed by the Instructional Quality Commission (IQC) under existing law, and instead provide the following options for the content of the course:
4. A course based on the model ethnic studies curriculum;
5. An existing ethnic studies course;
6. An ethnic studies course that has been approved as meeting the A-G admissions requirements of the University of California and the California State University;
7. A locally developed ethnic studies course approved by the governing board of the school district or the governing body of the charter school.
8. Require that instruction and materials for the required ethnic studies course:
9. Be appropriate for use with pupils of all races, religions, genders, sexual orientations, and diverse ethnic and cultural backgrounds, pupils with disabilities, and English learners.
10. 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 specified in existing law.
11. Not teach or promote religious doctrine.
12. Repeal a requirement of existing law which requires that 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 pupil's enrollment in grades 9 to 12.
13. Make the provisions of the bill operative only up on an appropriation of funds by the Legislature in the annual Budget act or another statute.
14. Remove language clarifying the existing requirement that charter school pupils meet the same graduation requirements as all other public school pupils. Clarify that pupils enrolled at charter schools are subject to the proposed ethnic studies requirement. State that the amendments to the graduation requirement section of law made by the bill shall not be construed to alter any other requirement of this section for pupils enrolled in a charter school.

COMMENTS:

State graduation requirements. Current law establishes state high school graduation requirements for California public school students in all public school settings, including completion of a total of 13 courses (full year or semester) in the subjects of English; mathematics; science; social studies; visual and performing arts, world languages, or career technical education; and physical education. Current law also permits school districts to establish local graduation requirements which exceed those of the state. Some school districts have already made completion of a course in ethnic studies a local graduation requirement. Among them are Montebello Unified School District, El Rancho Unified School District, Sacramento City Unified School District, and Coachella Valley Unified School District.

Status of ethnic studies model curriculum. Current law requires the IQC, to develop, by December 31, 2020, and the State Board of Education (SBE) to adopt, modify, or revise, by March 31, 2021, a model curriculum in ethnic studies. In August of 2020 the IQC reviewed a draft of the model curriculum, and will post the draft for a 30 day period of public review and comment in September, 2020. The IQC will then consider further revisions before the model curriculum is submitted to the SBE for action.

According to the Author:

"Knowledge of our history plays a critical role in shaping who we become. When I was growing up, the history of those who look like me was not represented in the classroom. As a former Ethnic Studies teacher, I saw firsthand how much more engaged my students were when they saw themselves reflected in the coursework.

California is one of the most diverse states in the country and we should celebrate that diversity by teaching a curriculum that is inclusive of all of our cultures and backgrounds. Ethnic Studies provide students an opportunity to learn about histories outside of the Euro-centric teachings most prominent in our schools. At a time when the national climate drives divisiveness and fear of otherness, Ethnic Studies can play a critical role in increasing awareness and understanding.

It is not my intent, in specifically referring to charter school pupils in the requirements of the bill, to imply that these pupils are not required to meet other graduation requirements specified in current law. Indeed, it is my long-held understanding that the law requires all public school students, regardless of where they are enrolled, to meet, at a minimum, the course requirements in the law in order to earn a high school diploma."

Arguments in Support:

The California State PTA writes, "The California State PTA believes that the curriculum of the public school should be and can be a major influence in establishing each students' sense of personal worth.  We also recognize that knowledge about one's own historical background in this country and in other countries, as well as understanding and accepting the differing historical background of others, is essential to the development of mature, responsible citizens."

Arguments in Opposition:

The Charter Schools Development Center writes, "Today, fewer than 1% of students statewide are enrolled in an ethnic studies course, the cost of enrolling, providing course materials, and classroom space for the other 99 percent of students will run in the tens of millions of dollars statewide."

FISCAL COMMENTS:

According to the Senate Appropriations Committee: By requiring a semester-long course in ethnic studies as a new high school graduation requirement, this bill could create a reimbursable state mandate likely in the low millions of dollars annually (Proposition 98 General Fund). This estimate is based on the statewide cost estimate adopted by the Commission on State Mandates for the Graduation Requirements mandate. The reimbursable activities could include hiring new teachers or providing additional training, integration of ethnic studies content in current courses, course development, and the purchase of instructional materials. However, actual costs would depend upon a determination by the Commission regarding specific elements of the bill that may be deemed reimbursable, should school districts file a successful mandate claim. To the extent that school districts are already requiring a course in ethnic studies as a local graduation requirement, the related costs could still be eligible for reimbursement from the state. There could also be significant local costs for charter schools to comply with the bill's requirements.

VOTES:

ASM EDUCATION: 5-1-0

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

NO: Kiley

ASM APPROPRIATIONS: 13-5-0

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

NO: Bigelow, Brough, Diep, Fong, Obernolte

ASSEMBLY FLOOR: 63-8-9

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

NO: Bigelow, Brough, Chen, Gallagher, Kiley, Melendez, Obernolte, Waldron

ABS, ABST OR NV: Choi, Cooley, Dahle, Fong, Eduardo Garcia, Mathis, Mayes, Patterson, Voepel

UPDATED:

VERSION: August 28, 2020

CONSULTANT: Tanya Lieberman / ED. / (916) 319-2087 FN: 0003662

 THIRD READING  

Bill No: AB 331

Author: Medina (D), Bloom (D), Bonta (D), Gonzalez (D), Ramos (D) and Weber (D), et al.

Amended: 8/28/20 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 4-0, 6/26/19

AYES: Leyva, Durazo, McGuire, Pan

NO VOTE RECORDED: Wilk, Chang, Glazer

SENATE APPROPRIATIONS COMMITTEE: 5-1, 8/20/20

AYES: Portantino, Bradford, Hill, Leyva, Wieckowski

NOES: Jones

NO VOTE RECORDED: Bates

ASSEMBLY FLOOR: 63-8, 5/23/19 - See last page for vote

SUBJECT: Pupil instruction: high school graduation requirements: ethnic studies

SOURCE: State Superintendent of Public Instruction Tony Thurmond

DIGEST:

This bill (1) adds, commencing with pupils graduating in the 2029-30 school year, a semester-long course in ethnic studies to the list of statewide graduation requirements; (2) specifically applies the ethnic studies graduation requirement to pupils enrolled in a charter school, and (3) repeals the requirement that ethnic studies courses offered on the basis of the ethnic studies model curriculum be offered a social science or English elective.

Senate Floor Amendments of 8/28/20 prohibit the bill’s provisions from being construed as to alter any other requirement relating to graduation requirements for pupils enrolled in a charter school.

ANALYSIS:

Existing law:

1. Establishes statewide high school graduation requirements, which include, among other requirements, three courses in English and three courses in social studies, and authorizes school districts to establish additional requirements for graduation. (Education Code § 51225.3)
2. Requires the Instructional Quality Commission (IQC) to develop, and the State Board of Education (SBE) to adopt, modify, or revise, a model curriculum in ethnic studies. (EC § 51226.7)
3. Requires the IQC to submit the model curriculum by December 31, 2019 to the SBE for adoption, and the SBE to adopt the model curriculum by March 31, 2020. (EC § 51226.7)
4. Requires the model curriculum to be developed with participation from faculty of ethnic studies programs at universities and colleges with ethnic studies programs and a group of representatives of local educational agencies (LEAs). (EC § 51226.7)
5. 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)
6. Encourages each school district or charter school maintaining any of grades 9 to 12, inclusive, that does not otherwise offer a standards-based ethnic studies curriculum, beginning in the school year following the adoption of the model curriculum, to offer to all otherwise qualified pupils a course of study in ethnic studies based on the model curriculum. (EC § 51226.7)
7. Requires a school district or charter school that elects to offer a course of study in ethnic studies pursuant to the model curriculum, 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 pupil’s enrollment in grades 9 to 12, inclusive. (EC § 51226.7)
8. States the intent of the Legislature that LEAs submit course outlines for ethnic studies for approval as “A-G” courses which meet the admissions requirements of the University of California (UC) and the California State University (CSU). (EC § 51226.7)
9. Authorizes the governing board of a school district or a county board of education, on a districtwide or countywide basis or on behalf of one or more of its schools or programs, after a public hearing on the matter, to request the SBE to waive all or part of any section of this code or any regulation adopted by the state board that implements a provision of this code that may be waived, including graduation requirements. (EC § 33050)

This bill (1) adds, commencing with pupils graduating in the 2029-30 school year, a semester-long course in ethnic studies to the list of statewide graduation requirements; (2) specifically applies the ethnic studies graduation requirement to pupils enrolled in a charter school, and (3) repeals the requirement that ethnic studies courses offered on the basis of the ethnic studies model curriculum be offered a social science or English elective. Specifically, this bill:

1. Adds, commencing with pupils graduating in the 2029-30 school year, including for pupils enrolled in a charter school, a semester-long course in ethnic studies to the list of statewide graduation requirements.
2. Authorizes, expressly, an LEA, including a charter school, to require a full-year course in ethnic studies at its discretion.
3. Authorizes a pupil, subject to the course offerings of an LEA, to fulfill the requirement above through the completion of either of the following types of courses:
   1. A course based on the ethnic studies model curriculum developed by the IQC.
   2. An existing ethnic studies course.
   3. 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.
   4. A locally developed ethnic studies course approved by the governing board of the school district or the governing body of the charter school.
4. Prohibits a course that does not use ethnic studies content as the primary content through which the subject is taught from being used to satisfy the ethnic studies graduation requirement.
5. Provides that a pupil completing an ethnic studies course taught as a course in another subject 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.
6. Requires the instruction and materials for a course used to meet the ethnic studies graduation requirement to meet all of the following requirements:
   1. Be appropriate for use with pupils of all races, religions, genders, sexual orientations, and diverse ethnic and cultural backgrounds, pupils with disabilities, and English learners.
   2. 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 law.
   3. Not teach or promote religious doctrine.
7. Repeals the separate requirement that a school district or charter school that elects to offer a course of study in ethnic studies pursuant to the ethnic studies model curriculum developed by the IQC and adopted by the SBE, 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 pupil’s enrollment in grades 9 to 12, inclusive.
8. Prohibit its provisions from being construed as to alter any other requirement relating to graduation requirements for pupils enrolled in a charter school.
9. Makes its provisions operative only upon an appropriation of funds by the Legislature for its purposes in the annual Budget Act or another statute.

Comments

Need for the bill? According to the author:

Ethnic studies is an interdisciplinary field of study that encompasses many subject areas, including: history, literature, economics, sociology, and political science, among others. It offers an in-depth comparative study of the history, politics, culture, contributions, challenges, and current status of ethnic groups in the United States.

It is important for students to learn the national origins of ethnic groups and their transnational linkages. In Ethnic Studies, students examine the formation process of ethnic minorities in a variety of contexts: political, legal, social, historical, economic, and cultural. Ethnic studies concentrates on the experiences of various ethnic minorities and the ways in which their experiences were impacted by the issues of race, ethnicity, class, gender, and the interaction among different ethnic groups.

Research on academic value of ethnic studies. As noted in the Assembly Education Committee analysis, a review by the National Education Association found that “there is considerable research evidence that well-designed and well-taught ethnic studies curricula have positive academic and social outcomes for students.” Another recent analysis found “a consistent, significant, positive relationship between [Mexican American Studies] participation and student academic performance.” A 2016 study from Stanford University (published as a working paper) on the effects of an ethnic studies curriculum piloted in several San Francisco Unified School District (SFUSD) high schools found that assignment to a year-long 9th grade ethnic studies course was associated with an increase of ninth-grade student attendance by 21 percentage points, GPA by 1.4 grade points, and credits earned by 23. The authors conclude that “these surprisingly large effects are consistent with the hypothesis that the course reduced dropout rates and suggest that culturally relevant teaching, when implemented in a supportive, high-fidelity context, can provide effective support to at-risk students.” They also note, “the implementation of ethnic studies in SFUSD was, arguably, conducted with a high degree of fidelity, forethought, and planning. In particular, it appeared to draw upon the work of a core group of dedicated teachers, engaging in a regular professional learning community, with outside support from experts in the subject to create and sustain the program. As scholars from a number of disciplines have noted, the effects of such smaller-scale interventions are often very different when the same policies are implemented at scale.”

Ethnic studies enrollment. Enrollment in, and course offerings of, ethnic studies is increasing, but approximately one third of social science ethnic studies courses are not “A-G” approved as meeting the “A-G” admissions requirements of the UC and the CSU systems. In order for courses to receive approval, course outlines must be submitted to, and approved by, the UC. In recognition of this problem, the statute authorizing the development of the model curriculum requires that it include examples of courses “A-G” approved courses, including course outlines for those courses, to the extent feasible.

The CDE data on course enrollment and offerings in ethnic studies indicates the following:

• In 2018-19, 26,218 students were enrolled in ethnic studies courses (social science and English language arts combined), up from 17,354 in 2016-17.
• In 2016-17, 1,307 ethnic studies courses (social science and English language arts combined) were taught in 396 schools, compared with 943 courses in 555 schools in 2016-17.
• In 2018-19, for ethnic studies courses in social science, 707 of the 1,057 courses (67%) were approved as meeting “A-G” admissions requirements, up from 395 of the 777 courses (51 percent) in 2016-17.
• In 2018-19, English language arts ethnic studies courses were more likely to be approved, with 229 of 250 (92 percent) courses approved as meeting “A-G” admissions requirements.

Existing graduation requirements. Since the 1986-87 school year, the Education Code has required students receiving a diploma from a California high school to have completed all of the following one-year (unless otherwise specified) courses while in high school:

• Three courses in English.
• Two courses in mathematics, including one year of Algebra I.
• Two courses in science, including biological and physical sciences.
• 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.
• One course in visual or performing arts, foreign language, or commencing with the 2012-13 school year, career technical education.
• Two courses in physical education.

These statewide minimum requirements are not as robust as the A-G admissions requirements of the CSU and UC, which require:

• Two years of history/social science, including one year of world history, cultures and historical geography and one year of U.S. history, or one-half year of U.S. history and one-half year of American government or civics.
• Four years of college preparatory English that integrates reading of classic and modern literature, frequent and regular writing, and practice listening and speaking.
• Three years of college-preparatory math, including or integrating the topics covered in elementary and advanced algebra and two- and three-dimensional geometry.
• Two years of laboratory science providing fundamental knowledge in at least two of the three disciplines of biology, chemistry and physics.
• Two years of the same language other than English or equivalent to the second level of high school instruction.
• One year of visual and performing arts chosen from dance, music, theater or the visual arts.
• One year of a college-preparatory elective beyond those used to satisfy the requirements above, or courses that have been approved solely in the elective area.

Ethnic studies model curriculum under development. As noted above, existing law requires the development of an ethnic studies model curriculum. According to the CDE, “the SBE in July 2018 approved guidelines to direct development of a curriculum. Following adoption of the guidelines, the SBE appointed a Model Curriculum Advisory Committee to develop a draft Ethnic Studies Model Curriculum aligned with the guidelines and with state statute. The committee’s recommendation was presented to the IQC – an advisory body to the SBE – in May. The commission made 12 amendments and voted to post it for a public comment review period through August 15, 2019.

More than 20,000 comments were submitted to CDE regarding the draft. Given the controversy, the IQC in September did not move forward with the draft

Following the IQC meeting, Superintendent Thurmond convened a panel discussion of college professors and K-12 teachers to shed light on the history of ethnic studies and the impact such courses have had on students.

AB 114 (Committee on Budget, Chapter 419, Statutes of 2019), signed by Governor Newsom in October, extended the timeline for completion of the curriculum to March 2021. CDE is using the extra time to visit school districts in California to hear about Ethnic Studies programs and meet with teachers and administrators to discuss challenges and successes in implementing the course. In addition, the state is working with partners to conduct focus groups with teachers to glean insights on what educators will need to successfully develop a course that meets local needs.”

Similar efforts in other states. California would not be the first state to consider increasing ethnic studies instruction. Beginning in the fall of 2018, as a result of Senate Enrolled Act 337, all high schools in Indiana were required to offer an ethnic and racial studies elective course at every school. In Oregon, as a result of House Bill 2845, an advisory group is developing ethnic-studies standards into existing statewide social-studies standards where "it fails to recognize the histories, contributions and perspectives of ethnic minorities and social minorities.” The Oregon Department of Education will adopt the ethnic studies standards by 2020, and must direct each school district to implement the ethnic studies standards by July 1, 2021. While these efforts are similar, they do not go as far as this bill in requiring ethnic studies as its own graduation requirement.

Ethnic studies course outlined in History-Social Science framework. The History-Social Science Framework adopted by the SBE in 2016 describes high school elective courses in ethnic studies as follows:

“Ethnic studies is an interdisciplinary field of study that encompasses many subject areas including history, literature, economics, sociology, and political science, among others. In this course, students focus on an in-depth comparative study of the history, politics, culture, contributions, challenges, and current status of ethnic groups in the United States. It is also important for students to learn the national origins of ethnic groups and their transnational linkages. In Ethnic Studies, students examine the process of racial and ethnic formation of ethnic minorities in a variety of contexts: political, legal, social, historical, economic, and cultural. The course concentrates, to a great extent, on the experiences of various ethnic minorities in the United States and the ways in which their experiences were impacted by the issues of race, ethnicity, class, gender, and the interaction among different ethnic groups. Students will also address how individuals within specific ethnic groups think and feel about themselves and their group as it can be represented by literature, memoirs, art, and music. To understand ethnic identity in their local communities, students can volunteer with local community organizations and centers that serve specific ethnic populations.”

Related/Prior Legislation

AB 1460 (Weber, Chapter 32, Statutes of 2020) required the California State University, commencing with the 2021-22 academic year, to (1) provide courses in ethnic studies at each of its campuses; and (2) require, as an undergraduate graduation requirement commencing with students graduating in the 2024-25 academic year, the completion of, at minimum, one three-unit course in ethnic studies.

AB 2772 (Medina, 2018-19 Session) would have established a three-year grant program to require the CDE, contingent upon funding, to award grants to school districts to fund a semester- or year-long course in ethnic studies as part of a local graduation requirement in ethnic studies that is applicable to all students. AB 2772 was vetoed by Governor Brown, who stated:

This bill establishes a three-year grant program for school districts that require ethnic studies in order to graduate.

School districts already can, and are, requiring ethnic studies for graduation. While I recognize the value of these courses, I am reluctant to encourage yet another graduation requirement, especially when students are already overburdened by multiple tests and endless hours of homework.

AB 2016 (Alejo, Chapter 327, Statutes of 2016) required the development of a model curriculum in ethnic studies and required school districts which elect to offer one course in ethnic studies to make the course available in at least one year during a student’s enrollment in grades 9-12.

AB 524 (Low, 2015-16 Session) would have required, beginning with the high school class of 2020-21, that at least one of the courses required for graduation include a service-learning component. The bill was held in the Assembly Appropriations Committee.

AB 1689 (Low, 2015-16 Session) would have required, beginning with the high school class of 2022-23, that at least one of the courses required for graduation include a service-learning component. The bill was held in the Assembly Appropriations Committee.

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

According to the Senate Appropriations Committee, “By requiring a semester-long course in ethnic studies as a new high school graduation requirement, this bill could create a reimbursable state mandate likely in the low millions of dollars annually (Proposition 98 General Fund). This estimate is based on the statewide cost estimate adopted by the Commission on State Mandates for the Graduation Requirements mandate. The reimbursable activities could include hiring new teachers or providing additional training, integration of ethnic studies content in current courses, course development, and the purchase of instructional materials. However, actual costs would depend upon a determination by the Commission regarding specific elements of the bill that may be deemed reimbursable, should school districts file a successful mandate claim. To the extent that school districts are already requiring a course in ethnic studies as a local graduation requirement, the related costs could still be eligible for reimbursement from the state. There could also be significant local costs for charter schools to comply with the bill’s requirements.”

SUPPORT: (Verified 8/28/20)

State Superintendent of Public Instruction Tony Thurmond (source)

Anti-Defamation League

Asian Americans Advancing Justice - California

Calasian Chamber of Commerce

California Association for Bilingual Education

California Faculty Association

California Federation of Teachers

California Pacific Chamber of Commerce

California State PTA

California Teachers Association

Community Now

Fresno Unified School District

Generation Citizen

Hispanic Association of Colleges and Universities

Inland Equity Partnership

League of United Latin American Citizens of Riverside Council 3190

Los Angeles Community College District

Nextgen California

Office of the Riverside County Superintendent of Schools

San Diego Unified School District

San Francisco Unified School District

Southeast Asia Resource Action Center

The Education Trust - West

University of California Student Association

West Valley Water District

OPPOSITION: (Verified 8/28/20)

Charter Schools Development Center

ASSEMBLY FLOOR: 63-8, 5/23/19

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

NOES: Bigelow, Brough, Chen, Gallagher, Kiley, Melendez, Obernolte, Waldron

NO VOTE RECORDED: Choi, Cooley, Dahle, Fong, Eduardo Garcia, Mathis, Mayes, Patterson, Voepel

Prepared by: Brandon Darnell / ED. /

8/29/20 13:52:18

**** END ****

 THIRD READING  

Bill No: AB 331

Author: Medina (D), Bloom (D), Bonta (D), Gonzalez (D), Ramos (D) and Weber (D), et al.

Amended: 8/20/20 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 4-0, 6/26/19

AYES: Leyva, Durazo, McGuire, Pan

NO VOTE RECORDED: Wilk, Chang, Glazer

SENATE APPROPRIATIONS COMMITTEE: 5-1, 8/20/20

AYES: Portantino, Bradford, Hill, Leyva, Wieckowski

NOES: Jones

NO VOTE RECORDED: Bates

ASSEMBLY FLOOR: 63-8, 5/23/19 - See last page for vote

SUBJECT: Pupil instruction: high school graduation requirements: ethnic studies

SOURCE: State Superintendent of Public Instruction Tony Thurmond

DIGEST:

This bill (1) adds, commencing with pupils graduating in the 2029-30 school year, a semester-long course in ethnic studies to the list of statewide graduation requirements; (2) specifically applies the ethnic studies graduation requirement to pupils enrolled in a charter school, and (3) repeals the requirement that ethnic studies courses offered on the basis of the ethnic studies model curriculum be offered a social science or English elective.

ANALYSIS:

Existing law:

1. Establishes statewide high school graduation requirements, which include, among other requirements, three courses in English and three courses in social studies, and authorizes school districts to establish additional requirements for graduation. (Education Code § 51225.3)
2. Requires the Instructional Quality Commission (IQC) to develop, and the State Board of Education (SBE) to adopt, modify, or revise, a model curriculum in ethnic studies. (EC § 51226.7)
3. Requires the IQC to submit the model curriculum by December 31, 2019 to the SBE for adoption, and the SBE to adopt the model curriculum by March 31, 2020. (EC § 51226.7)
4. Requires the model curriculum to be developed with participation from faculty of ethnic studies programs at universities and colleges with ethnic studies programs and a group of representatives of local educational agencies (LEAs). (EC § 51226.7)
5. 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)
6. Encourages each school district or charter school maintaining any of grades 9 to 12, inclusive, that does not otherwise offer a standards-based ethnic studies curriculum, beginning in the school year following the adoption of the model curriculum, to offer to all otherwise qualified pupils a course of study in ethnic studies based on the model curriculum. (EC § 51226.7)
7. Requires a school district or charter school that elects to offer a course of study in ethnic studies pursuant to the model curriculum, 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 pupil’s enrollment in grades 9 to 12, inclusive. (EC § 51226.7)
8. States the intent of the Legislature that LEAs submit course outlines for ethnic studies for approval as “A-G” courses which meet the admissions requirements of the University of California (UC) and the California State University (CSU). (EC § 51226.7)
9. Authorizes the governing board of a school district or a county board of education, on a districtwide or countywide basis or on behalf of one or more of its schools or programs, after a public hearing on the matter, to request the SBE to waive all or part of any section of this code or any regulation adopted by the state board that implements a provision of this code that may be waived, including graduation requirements. (EC § 33050)

This bill (1) adds, commencing with pupils graduating in the 2029-30 school year, a semester-long course in ethnic studies to the list of statewide graduation requirements; (2) specifically applies the ethnic studies graduation requirement to pupils enrolled in a charter school, and (3) repeals the requirement that ethnic studies courses offered on the basis of the ethnic studies model curriculum be offered a social science or English elective. Specifically, this bill:

1. Adds, commencing with pupils graduating in the 2029-30 school year, including for pupils enrolled in a charter school, a semester-long course in ethnic studies to the list of statewide graduation requirements.
2. Authorizes, expressly, an LEA, including a charter school, to require a full-year course in ethnic studies at its discretion.
3. Authorizes a pupil, subject to the course offerings of an LEA, to fulfill the requirement above through the completion of either of the following types of courses:
   1. A course based on the ethnic studies model curriculum developed by the IQC.
   2. An existing ethnic studies course.
   3. 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.
   4. A locally developed ethnic studies course approved by the governing board of the school district or the governing body of the charter school.
4. Prohibits a course that does not use ethnic studies content as the primary content through which the subject is taught from being used to satisfy the ethnic studies graduation requirement.
5. Provides that a pupil completing an ethnic studies course taught as a course in another subject 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.
6. Requires the instruction and materials for a course used to meet the ethnic studies graduation requirement to meet all of the following requirements:
   1. Be appropriate for use with pupils of all races, religions, genders, sexual orientations, and diverse ethnic and cultural backgrounds, pupils with disabilities, and English learners.
   2. 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 law.
   3. Not teach or promote religious doctrine.
7. Repeals the separate requirement that a school district or charter school that elects to offer a course of study in ethnic studies pursuant to the ethnic studies model curriculum developed by the IQC and adopted by the SBE, 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 pupil’s enrollment in grades 9 to 12, inclusive.
8. Makes its provisions operative only upon an appropriation of funds by the Legislature for its purposes in the annual Budget Act or another statute.

Comments

Need for the bill? According to the author:

Ethnic studies is an interdisciplinary field of study that encompasses many subject areas, including: history, literature, economics, sociology, and political science, among others. It offers an in-depth comparative study of the history, politics, culture, contributions, challenges, and current status of ethnic groups in the United States.

It is important for students to learn the national origins of ethnic groups and their transnational linkages. In Ethnic Studies, students examine the formation process of ethnic minorities in a variety of contexts: political, legal, social, historical, economic, and cultural. Ethnic studies concentrates on the experiences of various ethnic minorities and the ways in which their experiences were impacted by the issues of race, ethnicity, class, gender, and the interaction among different ethnic groups.

Research on academic value of ethnic studies. As noted in the Assembly Education Committee analysis, a review by the National Education Association found that “there is considerable research evidence that well-designed and well-taught ethnic studies curricula have positive academic and social outcomes for students.” Another recent analysis found “a consistent, significant, positive relationship between [Mexican American Studies] participation and student academic performance.” A 2016 study from Stanford University (published as a working paper) on the effects of an ethnic studies curriculum piloted in several San Francisco Unified School District (SFUSD) high schools found that assignment to a year-long 9th grade ethnic studies course was associated with an increase of ninth-grade student attendance by 21 percentage points, GPA by 1.4 grade points, and credits earned by 23. The authors conclude that “these surprisingly large effects are consistent with the hypothesis that the course reduced dropout rates and suggest that culturally relevant teaching, when implemented in a supportive, high-fidelity context, can provide effective support to at-risk students.” They also note, “the implementation of ethnic studies in SFUSD was, arguably, conducted with a high degree of fidelity, forethought, and planning. In particular, it appeared to draw upon the work of a core group of dedicated teachers, engaging in a regular professional learning community, with outside support from experts in the subject to create and sustain the program. As scholars from a number of disciplines have noted, the effects of such smaller-scale interventions are often very different when the same policies are implemented at scale.”

Ethnic studies enrollment. Enrollment in, and course offerings of, ethnic studies is increasing, but many social science ethnic studies courses are not “A-G” approved. Enrollment in ethnic studies courses has been growing in recent years, but a significant number are not approved as meeting “A-G” admissions requirements of the UC and the CSU systems, particularly those offered as social science courses. In order for courses to receive approval, course outlines must be submitted to, and approved by, the UC. In recognition of this problem, the statute authorizing the development of the model curriculum requires that it include examples of courses “A-G” approved courses, including course outlines for those courses, to the extent feasible.

The CDE data on course enrollment and offerings in ethnic studies indicates the following:

• In 2018-19, 26,218 students were enrolled in ethnic studies courses (social science and English language arts combined), up from 17,354 in 2016-17.
• In 2016-17, 1,307 ethnic studies courses (social science and English language arts combined) were taught in 396 schools, compared with 943 courses in 555 schools in 2016-17.
• In 2018-19, for ethnic studies courses in social science, 707 of the 1,057 courses (67%) were approved as meeting “A-G” admissions requirements, up from 395 of the 777 courses (51 percent) in 2016-17.
• In 2018-19, English language arts ethnic studies courses were more likely to be approved, with 229 of 250 (92 percent) courses approved as meeting “A-G” admissions requirements.

Existing graduation requirements. Since the 1986-87 school year, the Education Code has required students receiving a diploma from a California high school to have completed all of the following one-year (unless otherwise specified) courses while in high school:

• Three courses in English.
• Two courses in mathematics, including one year of Algebra I.
• Two courses in science, including biological and physical sciences.
• 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.
• One course in visual or performing arts, foreign language, or commencing with the 2012-13 school year, career technical education.
• Two courses in physical education.

These statewide minimum requirements are not as robust as the A-G admissions requirements of the CSU and UC, which require:

• Two years of history/social science, including one year of world history, cultures and historical geography and one year of U.S. history, or one-half year of U.S. history and one-half year of American government or civics.
• Four years of college preparatory English that integrates reading of classic and modern literature, frequent and regular writing, and practice listening and speaking.
• Three years of college-preparatory math, including or integrating the topics covered in elementary and advanced algebra and two- and three-dimensional geometry.
• Two years of laboratory science providing fundamental knowledge in at least two of the three disciplines of biology, chemistry and physics.
• Two years of the same language other than English or equivalent to the second level of high school instruction.
• One year of visual and performing arts chosen from dance, music, theater or the visual arts.
• One year of a college-preparatory elective beyond those used to satisfy the requirements above, or courses that have been approved solely in the elective area.

Ethnic studies model curriculum under development. As noted above, existing law requires the development of an ethnic studies model curriculum. According to the CDE, “the SBE in July 2018 approved guidelines to direct development of a curriculum. Following adoption of the guidelines, the SBE appointed a Model Curriculum Advisory Committee to develop a draft Ethnic Studies Model Curriculum aligned with the guidelines and with state statute. The committee’s recommendation was presented to the IQC – an advisory body to the SBE – in May. The commission made 12 amendments and voted to post it for a public comment review period through August 15, 2019.

More than 20,000 comments were submitted to CDE regarding the draft. Given the controversy, the IQC in September did not move forward with the draft

Following the IQC meeting, Superintendent Thurmond convened a panel discussion of college professors and K-12 teachers to shed light on the history of ethnic studies and the impact such courses have had on students.

AB 114 (Committee on Budget, Chapter 419, Statutes of 2019), signed by Governor Newsom in October, extended the timeline for completion of the curriculum to March 2021. CDE is using the extra time to visit school districts in California to hear about Ethnic Studies programs and meet with teachers and administrators to discuss challenges and successes in implementing the course. In addition, the state is working with partners to conduct focus groups with teachers to glean insights on what educators will need to successfully develop a course that meets local needs.”

Similar efforts in other states. California would not be the first state to consider increasing ethnic studies instruction. Beginning in the fall of 2018, as a result of Senate Enrolled Act 337, all high schools in Indiana were required to offer an ethnic and racial studies elective course at every school. In Oregon, as a result of House Bill 2845, an advisory group is developing ethnic-studies standards into existing statewide social-studies standards where "it fails to recognize the histories, contributions and perspectives of ethnic minorities and social minorities.” The Oregon Department of Education will adopt the ethnic studies standards by 2020, and must direct each school district to implement the ethnic studies standards by July 1, 2021. While these efforts are similar, they do not go as far as this bill in requiring ethnic studies as its own graduation requirement.

Ethnic studies course outlined in History-Social Science framework. The History-Social Science Framework adopted by the SBE in 2016 describes high school elective courses in ethnic studies as follows:

“Ethnic studies is an interdisciplinary field of study that encompasses many subject areas including history, literature, economics, sociology, and political science, among others. In this course, students focus on an in-depth comparative study of the history, politics, culture, contributions, challenges, and current status of ethnic groups in the United States. It is also important for students to learn the national origins of ethnic groups and their transnational linkages. In Ethnic Studies, students examine the process of racial and ethnic formation of ethnic minorities in a variety of contexts: political, legal, social, historical, economic, and cultural. The course concentrates, to a great extent, on the experiences of various ethnic minorities in the United States and the ways in which their experiences were impacted by the issues of race, ethnicity, class, gender, and the interaction among different ethnic groups. Students will also address how individuals within specific ethnic groups think and feel about themselves and their group as it can be represented by literature, memoirs, art, and music. To understand ethnic identity in their local communities, students can volunteer with local community organizations and centers that serve specific ethnic populations.”

Related/Prior Legislation

AB 1460 (Weber, Chapter 32, Statutes of 2020) required the California State University, commencing with the 2021-22 academic year, to (1) provide courses in ethnic studies at each of its campuses; and (2) require, as an undergraduate graduation requirement commencing with students graduating in the 2024-25 academic year, the completion of, at minimum, one three-unit course in ethnic studies.

AB 2772 (Medina, 2018-19 Session) would have established a three-year grant program to require the CDE, contingent upon funding, to award grants to school districts to fund a semester- or year-long course in ethnic studies as part of a local graduation requirement in ethnic studies that is applicable to all students. AB 2772 was vetoed by Governor Brown, who stated:

This bill establishes a three-year grant program for school districts that require ethnic studies in order to graduate.

School districts already can, and are, requiring ethnic studies for graduation. While I recognize the value of these courses, I am reluctant to encourage yet another graduation requirement, especially when students are already overburdened by multiple tests and endless hours of homework.

AB 2016 (Alejo, Chapter 327, Statutes of 2016) required the development of a model curriculum in ethnic studies and required school districts which elect to offer one course in ethnic studies to make the course available in at least one year during a student’s enrollment in grades 9-12.

AB 524 (Low, 2015-16 Session) would have required, beginning with the high school class of 2020-21, that at least one of the courses required for graduation include a service-learning component. The bill was held in the Assembly Appropriations Committee.

AB 1689 (Low, 2015-16 Session) would have required, beginning with the high school class of 2022-23, that at least one of the courses required for graduation include a service-learning component. The bill was held in the Assembly Appropriations Committee.

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

According to the Senate Appropriations Committee, “By requiring a semester-long course in ethnic studies as a new high school graduation requirement, this bill could create a reimbursable state mandate likely in the low millions of dollars annually (Proposition 98 General Fund). This estimate is based on the statewide cost estimate adopted by the Commission on State Mandates for the Graduation Requirements mandate. The reimbursable activities could include hiring new teachers or providing additional training, integration of ethnic studies content in current courses, course development, and the purchase of instructional materials. However, actual costs would depend upon a determination by the Commission regarding specific elements of the bill that may be deemed reimbursable, should school districts file a successful mandate claim. To the extent that school districts are already requiring a course in ethnic studies as a local graduation requirement, the related costs could still be eligible for reimbursement from the state. There could also be significant local costs for charter schools to comply with the bill’s requirements.”

SUPPORT: (Verified 8/20/20)

State Superintendent of Public Instruction Tony Thurmond (source)

Anti-Defamation League

Asian Americans Advancing Justice - California

Calasian Chamber of Commerce

California Association for Bilingual Education

California Faculty Association

California Federation of Teachers

California Pacific Chamber of Commerce

California State PTA

California Teachers Association

Community Now

Fresno Unified School District

Generation Citizen

Hispanic Association of Colleges and Universities

Inland Equity Partnership

League of United Latin American Citizens of Riverside Council 3190

Los Angeles Community College District

Nextgen California

Office of the Riverside County Superintendent of Schools

San Diego Unified School District

San Francisco Unified School District

Southeast Asia Resource Action Center

The Education Trust - West

University of California Student Association

West Valley Water District

OPPOSITION: (Verified 8/20/20)

Charter Schools Development Center

ASSEMBLY FLOOR: 63-8, 5/23/19

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

NOES: Bigelow, Brough, Chen, Gallagher, Kiley, Melendez, Obernolte, Waldron

NO VOTE RECORDED: Choi, Cooley, Dahle, Fong, Eduardo Garcia, Mathis, Mayes, Patterson, Voepel

Prepared by: Brandon Darnell / ED. /

8/25/20 15:28:03

**** END ****

 THIRD READING  

Bill No: AB 331

Author: Medina (D), Bloom (D), Bonta (D), Gonzalez (D), Ramos (D) and Weber (D), et al.

Amended: 8/20/20 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 4-0, 6/26/19

AYES: Leyva, Durazo, McGuire, Pan

NO VOTE RECORDED: Wilk, Chang, Glazer

SENATE APPROPRIATIONS COMMITTEE: 5-1, 8/20/20

AYES: Portantino, Bradford, Hill, Leyva, Wieckowski

NOES: Jones

NO VOTE RECORDED: Bates

ASSEMBLY FLOOR: 63-8, 5/23/19 - See last page for vote

SUBJECT: Pupil instruction: high school graduation requirements: ethnic studies

SOURCE: State Superintendent of Public Instruction Tony Thurmond

DIGEST:

This bill (1) adds, commencing with pupils graduating in the 2029-30 school year, a semester-long course in ethnic studies to the list of statewide graduation requirements; (2) specifically applies the ethnic studies graduation requirement to pupils enrolled in a charter school, and (3) repeals the requirement that ethnic studies courses offered on the basis of the ethnic studies model curriculum be offered a social science or English elective.

ANALYSIS:

Existing law:

1. Establishes statewide high school graduation requirements, which include, among other requirements, three courses in English and three courses in social studies, and authorizes school districts to establish additional requirements for graduation. (Education Code § 51225.3)
2. Requires the Instructional Quality Commission (IQC) to develop, and the State Board of Education (SBE) to adopt, modify, or revise, a model curriculum in ethnic studies. (EC § 51226.7)
3. Requires the IQC to submit the model curriculum by December 31, 2019 to the SBE for adoption, and the SBE to adopt the model curriculum by March 31, 2020. (EC § 51226.7)
4. Requires the model curriculum to be developed with participation from faculty of ethnic studies programs at universities and colleges with ethnic studies programs and a group of representatives of local educational agencies (LEAs). (EC § 51226.7)
5. 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)
6. Encourages each school district or charter school maintaining any of grades 9 to 12, inclusive, that does not otherwise offer a standards-based ethnic studies curriculum, beginning in the school year following the adoption of the model curriculum, to offer to all otherwise qualified pupils a course of study in ethnic studies based on the model curriculum. (EC § 51226.7)
7. Requires a school district or charter school that elects to offer a course of study in ethnic studies pursuant to the model curriculum, 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 pupil’s enrollment in grades 9 to 12, inclusive. (EC § 51226.7)
8. States the intent of the Legislature that LEAs submit course outlines for ethnic studies for approval as “A-G” courses which meet the admissions requirements of the University of California (UC) and the California State University (CSU). (EC § 51226.7)
9. Authorizes the governing board of a school district or a county board of education, on a districtwide or countywide basis or on behalf of one or more of its schools or programs, after a public hearing on the matter, to request the SBE to waive all or part of any section of this code or any regulation adopted by the state board that implements a provision of this code that may be waived, including graduation requirements. (EC § 33050)

This bill (1) adds, commencing with pupils graduating in the 2029-30 school year, a semester-long course in ethnic studies to the list of statewide graduation requirements; (2) specifically applies the ethnic studies graduation requirement to pupils enrolled in a charter school, and (3) repeals the requirement that ethnic studies courses offered on the basis of the ethnic studies model curriculum be offered a social science or English elective. Specifically, this bill:

1. Adds, commencing with pupils graduating in the 2029-30 school year, including for pupils enrolled in a charter school, a semester-long course in ethnic studies to the list of statewide graduation requirements.
2. Authorizes, expressly, an LEA, including a charter school, to require a full-year course in ethnic studies at its discretion.
3. Authorizes a pupil, subject to the course offerings of an LEA, to fulfill the requirement above through the completion of either of the following types of courses:
   1. A course based on the ethnic studies model curriculum developed by the IQC.
   2. An existing ethnic studies course.
   3. 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.
   4. A locally developed ethnic studies course approved by the governing board of the school district or the governing body of the charter school.
4. Prohibits a course that does not use ethnic studies content as the primary content through which the subject is taught from being used to satisfy the ethnic studies graduation requirement.
5. Provides that a pupil completing an ethnic studies course taught as a course in another subject 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.
6. Requires the instruction and materials for a course used to meet the ethnic studies graduation requirement to meet all of the following requirements:
   1. Be appropriate for use with pupils of all races, religions, genders, sexual orientations, and diverse ethnic and cultural backgrounds, pupils with disabilities, and English learners.
   2. 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 law.
   3. Not teach or promote religious doctrine.
7. Repeals the separate requirement that a school district or charter school that elects to offer a course of study in ethnic studies pursuant to the ethnic studies model curriculum developed by the IQC and adopted by the SBE, 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 pupil’s enrollment in grades 9 to 12, inclusive.
8. Makes its provisions operative only upon an appropriation of funds by the Legislature for its purposes in the annual Budget Act or another statute.

Comments

Need for the bill? According to the author:

Ethnic studies is an interdisciplinary field of study that encompasses many subject areas, including: history, literature, economics, sociology, and political science, among others. It offers an in-depth comparative study of the history, politics, culture, contributions, challenges, and current status of ethnic groups in the United States.

It is important for students to learn the national origins of ethnic groups and their transnational linkages. In Ethnic Studies, students examine the formation process of ethnic minorities in a variety of contexts: political, legal, social, historical, economic, and cultural. Ethnic studies concentrates on the experiences of various ethnic minorities and the ways in which their experiences were impacted by the issues of race, ethnicity, class, gender, and the interaction among different ethnic groups.

Research on academic value of ethnic studies. As noted in the Assembly Education Committee analysis, a review by the National Education Association found that “there is considerable research evidence that well-designed and well-taught ethnic studies curricula have positive academic and social outcomes for students.” Another recent analysis found “a consistent, significant, positive relationship between [Mexican American Studies] participation and student academic performance.” A 2016 study from Stanford University (published as a working paper) on the effects of an ethnic studies curriculum piloted in several San Francisco Unified School District (SFUSD) high schools found that assignment to a year-long 9th grade ethnic studies course was associated with an increase of ninth-grade student attendance by 21 percentage points, GPA by 1.4 grade points, and credits earned by 23. The authors conclude that “these surprisingly large effects are consistent with the hypothesis that the course reduced dropout rates and suggest that culturally relevant teaching, when implemented in a supportive, high-fidelity context, can provide effective support to at-risk students.” They also note, “the implementation of ethnic studies in SFUSD was, arguably, conducted with a high degree of fidelity, forethought, and planning. In particular, it appeared to draw upon the work of a core group of dedicated teachers, engaging in a regular professional learning community, with outside support from experts in the subject to create and sustain the program. As scholars from a number of disciplines have noted, the effects of such smaller-scale interventions are often very different when the same policies are implemented at scale.”

Ethnic studies enrollment. Enrollment in, and course offerings of, ethnic studies is increasing, but many social science ethnic studies courses are not “A-G” approved. Enrollment in ethnic studies courses has been growing in recent years, but a significant number are not approved as meeting “A-G” admissions requirements of the UC and the CSU systems, particularly those offered as social science courses. In order for courses to receive approval, course outlines must be submitted to, and approved by, the UC. In recognition of this problem, the statute authorizing the development of the model curriculum requires that it include examples of courses “A-G” approved courses, including course outlines for those courses, to the extent feasible.

The CDE data on course enrollment and offerings in ethnic studies indicates the following:

• In 2018-19, 26,218 students were enrolled in ethnic studies courses (social science and English language arts combined), up from 17,354 in 2016-17.
• In 2016-17, 1,307 ethnic studies courses (social science and English language arts combined) were taught in 396 schools, compared with 943 courses in 555 schools in 2016-17.
• In 2018-19, for ethnic studies courses in social science, 707 of the 1,057 courses (67%) were approved as meeting “A-G” admissions requirements, up from 395 of the 777 courses (51 percent) in 2016-17.
• In 2018-19, English language arts ethnic studies courses were more likely to be approved, with 229 of 250 (92 percent) courses approved as meeting “A-G” admissions requirements.

Existing graduation requirements. Since the 1986-87 school year, the Education Code has required students receiving a diploma from a California high school to have completed all of the following one-year (unless otherwise specified) courses while in high school:

• Three courses in English.
• Two courses in mathematics, including one year of Algebra I.
• Two courses in science, including biological and physical sciences.
• 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.
• One course in visual or performing arts, foreign language, or commencing with the 2012-13 school year, career technical education.
• Two courses in physical education.

These statewide minimum requirements are not as robust as the A-G admissions requirements of the CSU and UC, which require:

• Two years of history/social science, including one year of world history, cultures and historical geography and one year of U.S. history, or one-half year of U.S. history and one-half year of American government or civics.
• Four years of college preparatory English that integrates reading of classic and modern literature, frequent and regular writing, and practice listening and speaking.
• Three years of college-preparatory math, including or integrating the topics covered in elementary and advanced algebra and two- and three-dimensional geometry.
• Two years of laboratory science providing fundamental knowledge in at least two of the three disciplines of biology, chemistry and physics.
• Two years of the same language other than English or equivalent to the second level of high school instruction.
• One year of visual and performing arts chosen from dance, music, theater or the visual arts.
• One year of a college-preparatory elective beyond those used to satisfy the requirements above, or courses that have been approved solely in the elective area.

Ethnic studies model curriculum under development. As noted above, existing law requires the development of an ethnic studies model curriculum. According to the CDE, “the SBE in July 2018 approved guidelines to direct development of a curriculum. Following adoption of the guidelines, the SBE appointed a Model Curriculum Advisory Committee to develop a draft Ethnic Studies Model Curriculum aligned with the guidelines and with state statute. The committee’s recommendation was presented to the IQC – an advisory body to the SBE – in May. The commission made 12 amendments and voted to post it for a public comment review period through August 15, 2019.

More than 20,000 comments were submitted to CDE regarding the draft. Given the controversy, the IQC in September did not move forward with the draft

Following the IQC meeting, Superintendent Thurmond convened a panel discussion of college professors and K-12 teachers to shed light on the history of ethnic studies and the impact such courses have had on students.

AB 114 (Committee on Budget, Chapter 419, Statutes of 2019), signed by Governor Newsom in October, extended the timeline for completion of the curriculum to March 2021. CDE is using the extra time to visit school districts in California to hear about Ethnic Studies programs and meet with teachers and administrators to discuss challenges and successes in implementing the course. In addition, the state is working with partners to conduct focus groups with teachers to glean insights on what educators will need to successfully develop a course that meets local needs.”

Similar efforts in other states. California would not be the first state to consider increasing ethnic studies instruction. Beginning in the fall of 2018, as a result of Senate Enrolled Act 337, all high schools in Indiana were required to offer an ethnic and racial studies elective course at every school. In Oregon, as a result of House Bill 2845, an advisory group is developing ethnic-studies standards into existing statewide social-studies standards where "it fails to recognize the histories, contributions and perspectives of ethnic minorities and social minorities.” The Oregon Department of Education will adopt the ethnic studies standards by 2020, and must direct each school district to implement the ethnic studies standards by July 1, 2021. While these efforts are similar, they do not go as far as this bill in requiring ethnic studies as its own graduation requirement.

Ethnic studies course outlined in History-Social Science framework. The History-Social Science Framework adopted by the SBE in 2016 describes high school elective courses in ethnic studies as follows:

“Ethnic studies is an interdisciplinary field of study that encompasses many subject areas including history, literature, economics, sociology, and political science, among others. In this course, students focus on an in-depth comparative study of the history, politics, culture, contributions, challenges, and current status of ethnic groups in the United States. It is also important for students to learn the national origins of ethnic groups and their transnational linkages. In Ethnic Studies, students examine the process of racial and ethnic formation of ethnic minorities in a variety of contexts: political, legal, social, historical, economic, and cultural. The course concentrates, to a great extent, on the experiences of various ethnic minorities in the United States and the ways in which their experiences were impacted by the issues of race, ethnicity, class, gender, and the interaction among different ethnic groups. Students will also address how individuals within specific ethnic groups think and feel about themselves and their group as it can be represented by literature, memoirs, art, and music. To understand ethnic identity in their local communities, students can volunteer with local community organizations and centers that serve specific ethnic populations.”

Related/Prior Legislation

AB 1460 (Weber, Chapter 32, Statutes of 2020) required the California State University, commencing with the 2021-22 academic year, to (1) provide courses in ethnic studies at each of its campuses; and (2) require, as an undergraduate graduation requirement commencing with students graduating in the 2024-25 academic year, the completion of, at minimum, one three-unit course in ethnic studies.

AB 2772 (Medina, 2018-19 Session) would have established a three-year grant program to require the CDE, contingent upon funding, to award grants to school districts to fund a semester- or year-long course in ethnic studies as part of a local graduation requirement in ethnic studies that is applicable to all students. AB 2772 was vetoed by Governor Brown, who stated:

This bill establishes a three-year grant program for school districts that require ethnic studies in order to graduate.

School districts already can, and are, requiring ethnic studies for graduation. While I recognize the value of these courses, I am reluctant to encourage yet another graduation requirement, especially when students are already overburdened by multiple tests and endless hours of homework.

AB 2016 (Alejo, Chapter 327, Statues of 2016) required the development of a model curriculum in ethnic studies and required school districts which elect to offer one course in ethnic studies to make the course available in at least one year during a student’s enrollment in grades 9-12.

AB 524 (Low, 2015-16 Session) would have required, beginning with the high school class of 2020-21, that at least one of the courses required for graduation include a service-learning component. The bill was held in the Assembly Appropriations Committee.

AB 1689 (Low, 2015-16 Session) would have required, beginning with the high school class of 2022-23, that at least one of the courses required for graduation include a service-learning component. The bill was held in the Assembly Appropriations Committee.

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

According to the Senate Appropriations Committee, “By requiring a semester-long course in ethnic studies as a new high school graduation requirement, this bill could create a reimbursable state mandate likely in the low millions of dollars annually (Proposition 98 General Fund). This estimate is based on the statewide cost estimate adopted by the Commission on State Mandates for the Graduation Requirements mandate. The reimbursable activities could include hiring new teachers or providing additional training, integration of ethnic studies content in current courses, course development, and the purchase of instructional materials. However, actual costs would depend upon a determination by the Commission regarding specific elements of the bill that may be deemed reimbursable, should school districts file a successful mandate claim. To the extent that school districts are already requiring a course in ethnic studies as a local graduation requirement, the related costs could still be eligible for reimbursement from the state. There could also be significant local costs for charter schools to comply with the bill’s requirements.”

SUPPORT: (Verified 8/20/20)

State Superintendent of Public Instruction Tony Thurmond (source)

Anti-Defamation League

Asian Americans Advancing Justice - California

Calasian Chamber of Commerce

California Association for Bilingual Education

California Faculty Association

California Federation of Teachers

California Pacific Chamber of Commerce

California State PTA

California Teachers Association

Community Now

Fresno Unified School District

Generation Citizen

Hispanic Association of Colleges and Universities

Inland Equity Partnership

League of United Latin American Citizens of Riverside Council 3190

Los Angeles Community College District

Nextgen California

Office of the Riverside County Superintendent of Schools

San Diego Unified School District

San Francisco Unified School District

Southeast Asia Resource Action Center

The Education Trust - West

University of California Student Association

West Valley Water District

OPPOSITION: (Verified 8/20/19)

Charter Schools Development Center

ASSEMBLY FLOOR: 63-8, 5/23/19

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

NOES: Bigelow, Brough, Chen, Gallagher, Kiley, Melendez, Obernolte, Waldron

NO VOTE RECORDED: Choi, Cooley, Dahle, Fong, Eduardo Garcia, Mathis, Mayes, Patterson, Voepel

Prepared by: Brandon Darnell / ED. /

8/24/20 15:31:35

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 331 (Medina) - Pupil instruction: high school graduation requirements: ethnic studies

Bill Summary:

This bill, commencing with the 2024-25 school year, adds the completion of a semester-long course in ethnic studies to the list of state high school graduation requirements, and also applies all high school graduation requirements to charter schools.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 20, 2020

Fiscal Impact:

By requiring a semester-long course in ethnic studies as a new high school graduation requirement, this bill could create a reimbursable state mandate likely in the low millions of dollars annually (Proposition 98 General Fund). This estimate is based on the statewide cost estimate adopted by the Commission on State Mandates for the Graduation Requirements mandate. The reimbursable activities could include hiring new teachers or providing additional training, integration of ethnic studies content in current courses, course development, and the purchase of instructional materials. However, actual costs would depend upon a determination by the Commission regarding specific elements of the bill that may be deemed reimbursable, should school districts file a successful mandate claim. To the extent that school districts are already requiring a course in ethnic studies as a local graduation requirement, the related costs could still be eligible for reimbursement from the state. There could also be significant local costs for charter schools to comply with the bill’s requirements.

Author Amendments:

1) Delay implementation to students graduating in the 2029-30 school year; 2) make the requirements contingent upon an appropriation; 3) allow existing, approved A-G courses; and 4) add provisions regarding the appropriateness of ethnic studies instruction and materials.

Committee Amendments:

1) Allow locally developed ethnic studies courses approved by school district or charter school governing boards to fulfill the ethnic studies requirement, and 2) remove the provisions regarding charter school graduation requirements.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 331 (Medina) - Pupil instruction: high school graduation requirements: ethnic studies

Bill Summary:

This bill, commencing with the 2024-25 school year, adds the completion of a semester-long course in ethnic studies to the list of state high school graduation requirements, and also applies all high school graduation requirements to charter schools.

Fiscal Impact:

By requiring a semester-long course in ethnic studies as a new high school graduation requirement, this bill could create a reimbursable state mandate likely to be in the low millions of dollars annually (Proposition 98 General Fund). This estimate is based on the statewide cost estimate adopted by the Commission on State Mandates for the Graduation Requirements mandate. The reimbursable activities could include hiring new teachers or providing additional training, integration of ethnic studies content in current courses, course development, and the purchase of instructional materials. However, actual costs would depend upon a determination by the Commission regarding specific elements of the bill that may be deemed reimbursable, should school districts file a successful mandate claim. Additionally, to the extent that school districts are already requiring a course in ethnic studies as a local graduation requirement, the related costs could still be eligible for reimbursement from the state. There will also be significant local costs for charter schools to comply with the bill’s requirements.

Background:

Existing law requires the Instructional Quality Commission (IQC) to develop, and the State Board of Education (SBE) to adopt, modify, or revise, a model curriculum in ethnic studies. The IQC shall submit the model curriculum by December 31, 2019 to the SBE for adoption, and the SBE to adopt the model curriculum by March 31, 2020. The model curriculum is to be developed with participation from faculty of ethnic studies programs at universities and colleges with ethnic studies programs and a group of representatives of local educational agencies (LEAs). Further, existing law 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.

Existing law encourages LEAs maintaining any of grades 9 to 12, inclusive, that does not otherwise offer a standards-based ethnic studies curriculum, beginning in the school year following the adoption of the model curriculum, to offer to all otherwise qualified pupils a course of study in ethnic studies based on the model curriculum. The law also requires a school district or charter school that elects to offer a course of study in ethnic studies pursuant to the model curriculum 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 pupil’s enrollment in grades 9 to 12, inclusive.

Existing law establishes statewide high school graduation requirements. Specifically, student are required to have completed all of the following one-year (unless otherwise specified) courses while in high school: three courses in English; two courses in mathematics, including one year of Algebra I; two courses in science, including biological and physical sciences; 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; one course in visual or performing arts, foreign language, or commencing with the 2012-13 school year, career technical education; and two courses in physical education.

These statewide minimum requirements are not as robust as the A-G admissions requirements of the CSU and UC, which require:

• Two years of history/social science, including one year of world history, cultures and historical geography and one year of U.S. history, or one-half year of U.S. history and one-half year of American government or civics.
• Four years of college preparatory English that integrates reading of classic and modern literature, frequent and regular writing, and practice listening and speaking.
• Three years of college-preparatory math, including or integrating the topics covered in elementary and advanced algebra and two- and three-dimensional geometry.
• Two years of laboratory science providing fundamental knowledge in at least two of the three disciplines of biology, chemistry and physics.
• Two years of the same language other than English or equivalent to the second level of high school instruction.
• One year of visual and performing arts chosen from dance, music, theater or the visual arts.
• One year of a college-preparatory elective beyond those used to satisfy the requirements above, or courses that have been approved solely in the elective area.

Proposed Law:

This bill adds, commencing with the 2024–25 school year, a one-semester course in ethnic studies, based on the model curriculum, to the list of statewide graduation requirements. The bill authorizes a student, subject to the course offerings of an LEA, to fulfill this requirement through the completion of either an ethnic studies course or an ethnic studies course taught as a course in another subject, including, but not limited to, subjects that are required for a diploma of graduation from high school.

This bill prohibits a course that does not use ethnic studies content as the primary content through which the subject is taught from being used to satisfy the ethnic studies graduation requirement, and provides that a pupil completing an ethnic studies course taught as a course in another subject 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.

This bill authorizes that a LEA may require a full-year course in ethnic studies at its discretion.

This bill specifies that students enrolled in a charter school are required to complete all high school graduation requirements.

Related Legislation:

AB 2772 (Medina, 2018) would have established a three-year grant program to require the CDE, contingent upon funding, to award grants to school districts to fund a semester- or year-long course in ethnic studies as part of a local graduation requirement in ethnic studies that is applicable to all students. AB 2772 was vetoed by Governor Brown, who stated:

This bill establishes a three-year grant program for school districts that require ethnic studies in order to graduate.

School districts already can, and are, requiring ethnic studies for graduation. While I recognize the value of these courses, I am reluctant to encourage yet another graduation requirement, especially when students are already overburdened by multiple tests and endless hours of homework.

AB 2016 (Alejo, Chapter 327, Statues of 2016) required the development of a model curriculum in ethnic studies and required school districts which elect to offer one course in ethnic studies to make the course available in at least one year during a student’s enrollment in grades 9-12.

Staff Comments:

Requiring students to complete a course in ethnic studies as a condition of graduation necessitates that each high school offers sufficient sections of ethnic studies courses to each student that attends high school. Of the 1,945,405 students enrolled in high school in the 2016-17 school year, fewer than 1 percent were enrolled in an ethnic studies course. This means that schools will have to significantly ramp up ethnic studies course offerings in order to meet the 2024-25 school year deadline in the bill. The 2025 graduating class begins high school in the fall of 2020.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Connie Leyva, Chair

2019 - 2020 Regular

Bill No: AB 331 Hearing Date: June 26, 2019

Subject: Pupil instruction: high school graduation requirements: ethnic studies.

SUMMARY

This bill: (1) adds, commencing with the 2024-25 school year, a semester-long course in ethnic studies, based on the ethnic studies model curriculum, to the list of statewide graduation requirements; and (2) expressly applies all of the statewide graduation requirements to charter schools.

BACKGROUND

Existing law:

1) Establishes statewide high school graduation requirements, which include, among other requirements, three courses in English and three courses in social studies, and authorizes school districts to establish additional requirements for graduation. (Education Code § 51225.3)

2) Requires the Instructional Quality Commission (IQC) to develop, and the State Board of Education (SBE) to adopt, modify, or revise, a model curriculum in ethnic studies. (EC § 51226.7)

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

4) Requires the model curriculum to be developed with participation from faculty of ethnic studies programs at universities and colleges with ethnic studies programs and a group of representatives of local educational agencies (LEAs).

(EC § 51226.7)

5) 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)

6) Encourages each school district or charter school maintaining any of grades 9 to 12, inclusive, that does not otherwise offer a standards-based ethnic studies curriculum, beginning in the school year following the adoption of the model curriculum, to offer to all otherwise qualified pupils a course of study in ethnic studies based on the model curriculum. (EC § 51226.7)

7) Requires a school district or charter school that elects to offer a course of study in ethnic studies pursuant to the model curriculum 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 pupil’s enrollment in grades 9 to 12, inclusive. (EC § 51226.7)

8) States the intent of the Legislature that LEAs submit course outlines for ethnic studies for approval as “A-G” courses which meet the admissions requirements of the University of California (UC) and the California State University (CSU). (EC § 51226.7)

9) Authorizes the governing board of a school district or a county board of education, on a districtwide or countywide basis or on behalf of one or more of its schools or programs, after a public hearing on the matter, to request the SBE to waive all or part of any section of this code or any regulation adopted by the state board that implements a provision of this code that may be waived, including graduation requirements. (EC § 33050)

10) Authorizes a petition for the establishment of a charter school to be submitted to the governing board of the school district for review after specified conditions are met. The governing board of the school district is prohibited from denying a petition for the establishment of a charter school unless it makes written factual findings setting forth specific facts to support specific findings, including that the petition does not contain a reasonably comprehensive description of the educational program of the charter school. (EC § 47605)

ANALYSIS

This bill: (1) adds, commencing with the 2024-25 school year, a semester-long course in ethnic studies to the list of statewide graduation requirements; and (2) expressly applies all of the statewide graduation requirements to charter schools. Specifically, this bill:

1) Adds, commencing with the 2024–25 school year, a one-semester course in ethnic studies, based on the model curriculum, to the list of statewide graduation requirements.

2) Authorizes a pupil, subject to the course offerings of an LEA, to fulfill the requirement above through the completion of either of the following types of courses:

a) An ethnic studies course.

b) An ethnic studies course taught as a course in another subject, including, but not limited to, subjects that are required for a diploma of graduation from high school.

3) Prohibits a course that does not use ethnic studies content as the primary content through which the subject is taught from being used to satisfy the ethnic studies graduation requirement.

4) Provides that a pupil completing an ethnic studies course taught as a course in another subject 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.

5) Expressly authorizes that a LEA may require a full-year course in ethnic studies at its discretion.

STAFF COMMENTS

1) Need for the bill? According to the author, “Ethnic studies is an interdisciplinary field of study that encompasses many subject areas, including: history, literature, economics, sociology, and political science, among others. It offers an in-depth comparative study of the history, politics, culture, contributions, challenges, and current status of ethnic groups in the United States.

It is important for students to learn the national origins of ethnic groups and their transnational linkages. In Ethnic Studies, students examine the formation process of ethnic minorities in a variety of contexts: political, legal, social, historical, economic, and cultural. Ethnic studies concentrates on the experiences of various ethnic minorities and the ways in which their experiences were impacted by the issues of race, ethnicity, class, gender, and the interaction among different ethnic groups.”

2) Ethnic studies model curriculum under development. As noted above, existing law requires the development of an ethnic studies model curriculum. The model curriculum must be written as a guide to allow school districts to adapt their courses to reflect the pupil demographics in their communities and include examples of courses offered by LEAs that have been approved as meeting the A-G admissions requirements of the UC and the CSU, including, to the extent possible, course outlines for those courses.

The IQC must develop and submit the model curriculum in ethnic studies to the SBE by December 31, 2019, and the SBE must adopt the curriculum by March 31, 2020. The California Department of Education (CDE) held a public input webinar in January of this year, and will be bringing a project timeline, advisory committee application, and guidelines to the IQC in May, and to the SBE for approval in July. CDE reports that advisory committee members will be recruited from late summer and fall, and that the advisory committee will begin meeting in February of next year.

This bill requires the 2025 graduating class to have completed a course in ethnic studies. Under these timeframes, the 2025 graduating class will begin high school before the SBE adopts the model curriculum.

3) Ethnic studies enrollment. Enrollment in, and course offerings of, ethnic studies is increasing, but many social science ethnic studies courses are not “A-G” approved. Enrollment in ethnic studies courses has been growing in recent years, but a significant number are not approved as meeting “A-G” admissions requirements of the UC and the CSU systems, particularly those offered as social science courses. In order for courses to receive approval, course outlines must be submitted to, and approved by, the UC. In recognition of this problem, the statute authorizing the development of the model curriculum requires that it include examples of courses “A-G” approved courses, including course outlines for those courses, to the extent feasible.

The CDE data on course enrollment and offerings in ethnic studies indicates the following:

• In 2016-17, 17,354 students were enrolled in ethnic studies courses (social science and English language arts combined), up from 8,678 in 2014-15.

• The total above includes 4,662 students enrolled in ethnic studies courses in English language arts, in 210 courses in 82 schools in ethnic studies.

• In 2016-17, 943 ethnic studies courses (social science and English language arts combined) were taught in 555 schools, compared with 696 courses in 177 schools in 2014-15.

• In 2016-17, for ethnic studies courses in social science, 395 of the 777 courses (51 percent) were approved as meeting “A-G” admissions requirements.

• In 2016-17, English language arts ethnic studies courses were more likely to be approved, with 166 of 210 (80 percent) courses approved as meeting “A-G” admissions requirements.

4) Capacity questions. Requiring students to complete a course in ethnic studies as a condition of graduation necessitates that each high school offers sufficient sections of ethnic studies courses to each student that attends high school. Based on the CDE) data above, of the 1,945,405 students enrolled in high school in the 2016-17 school year, fewer than 1 percent were enrolled in an ethnic studies course. Accordingly, this means that schools will have to significantly ramp up ethnic studies course offerings, and do so quickly, in order to meet the 2024-25 school year deadline in the bill. The 2025 graduating class begins high school in the fall of 2020. With these figures in mind, the committee may wish to consider:

a) Whether school districts and county offices of education have sufficient resources to offer an ethnic studies course and instructional materials for each student?

b) Are there enough appropriately credentialed teachers to teach ethnic studies to each student that attends high school?

c) Do students have sufficient flexibility in their schedules to absorb an additional required course while retaining the freedom to explore elective courses and career technical education courses or pathways?

d) Do additional graduation requirements potentially crowd out or discourage other local graduation requirements? According to the CDE “most school districts in California require between 22 and 26 one-year courses (or the equivalent) for graduation.” The state requires a minimum of 13 courses.

5) Existing graduation requirements. Since the 1986-87 school year, the Education Code has required students receiving a diploma from a California high school to have completed all of the following one-year (unless otherwise specified) courses while in high school:

• Three courses in English.
• Two courses in mathematics, including one year of Algebra I.
• Two courses in science, including biological and physical sciences.
• 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.
• One course in visual or performing arts, foreign language, or commencing with the 2012-13 school year, career technical education.
• Two courses in physical education.

These statewide minimum requirements are not as robust as the A-G admissions requirements of the CSU and UC, which require:

• Two years of history/social science, including one year of world history, cultures and historical geography and one year of U.S. history, or one-half year of U.S. history and one-half year of American government or civics.
• Four years of college preparatory English that integrates reading of classic and modern literature, frequent and regular writing, and practice listening and speaking.
• Three years of college-preparatory math, including or integrating the topics covered in elementary and advanced algebra and two- and three-dimensional geometry.
• Two years of laboratory science providing fundamental knowledge in at least two of the three disciplines of biology, chemistry and physics.
• Two years of the same language other than English or equivalent to the second level of high school instruction.
• One year of visual and performing arts chosen from dance, music, theater or the visual arts.
• One year of a college-preparatory elective beyond those used to satisfy the requirements above, or courses that have been approved solely in the elective area.

It should be noted the Legislature has considered a burgeoning list of subjects for a new graduation requirement in recent years, including financial literacy, service learning, health, and now, ethnic studies. Additionally, the Legislature has authorized AP computer science to count toward local math graduation requirements beyond the state requirements, and expanded the foreign language or visual and performing arts requirement to also be satisfied by a career technical education course. Moreover, other bills have attempted to revise the number of courses required for certain existing subjects. The committee may wish to consider whether all of these measures – taken together – as well as the differences between the state minimum requirements and the CSU/UC requirements, indicate a need to revisit the state graduation requirements as a whole and perhaps make appropriate changes, including by adding new requirements in existing and new subjects.

6) Local ethnic studies graduation requirements. Existing law authorizes local school district governing boards to impose additional graduation requirements beyond the state-mandated graduation requirements, and several school districts have recently made completion of a course in ethnic studies a local graduation requirement. Among them are Montebello Unified School District, El Rancho Unified School District, Sacramento City Unified School District, and Coachella Valley Unified School District.

7) Do the existing statewide graduation requirements apply to charter schools? According to the CDE, whether students at a California approved charter school are required to complete the 13 minimum courses mandated for graduation “depends on a variety of factors.” This bill eliminates that ambiguity to clarify that charter school students, like all other public school students, are subject to the statewide graduation requirements. This is analogous to other statewide requirements that are applicable to charter schools, including that charter school meet all statewide academic content standards and conduct statewide assessments. However, staff recommends a technical amendment to clarify that charter schools may also require additional local graduation requirements, just as school districts are authorized to do.

8) Similar efforts in other states. California would not be the first state to consider increasing ethnic studies instruction. Beginning last fall, as a result of Senate Enrolled Act 337, all high schools in Indiana were required to offer an ethnic and racial studies elective course at every school. In Oregon, as a result of House Bill 2845, an advisory group is developing ethnic-studies standards into existing statewide social-studies standards where "it fails to recognize the histories, contributions and perspectives of ethnic minorities and social minorities.” The Oregon Department of Education will adopt the ethnic studies standards by 2020, and must direct each school district to implement the ethnic studies standards by July 1, 2021. While these efforts are similar, they do not go as far as this bill in requiring ethnic studies as its own graduation requirement.

9) Ethnic studies course outlined in History-Social Science framework. The History-Social Science Framework adopted by the SBE in 2016 describes high school elective courses in ethnic studies as follows:

“Ethnic studies is an interdisciplinary field of study that encompasses many subject areas including history, literature, economics, sociology, and political science, among others. In this course, students focus on an in-depth comparative study of the history, politics, culture, contributions, challenges, and current status of ethnic groups in the United States. It is also important for students to learn the national origins of ethnic groups and their transnational linkages. In Ethnic Studies, students examine the process of racial and ethnic formation of ethnic minorities in a variety of contexts: political, legal, social, historical, economic, and cultural. The course concentrates, to a great extent, on the experiences of various ethnic minorities in the United States and the ways in which their experiences were impacted by the issues of race, ethnicity, class, gender, and the interaction among different ethnic groups. Students will also address how individuals within specific ethnic groups think and feel about themselves and their group as it can be represented by literature, memoirs, art, and music. To understand ethnic identity in their local communities, students can volunteer with local community organizations and centers that serve specific ethnic populations.”

In addition, many of these concepts are incorporated throughout the newly adopted framework. For example, as described in the framework’s executive summary, “Students in first grade develop a deeper understanding of cultural diversity and learn to appreciate people from various backgrounds and the many ways of life that exist in the larger world.” At the high school level, one of the four themes in eleventh grade is “changes in racial, ethnic, and gender dynamics in American society.”

10) Research on academic value of ethnic studies. As noted in the Assembly Education Committee analysis, a review by the National Education Association found that “there is considerable research evidence that well-designed and well-taught ethnic studies curricula have positive academic and social outcomes for students.” Another recent analysis found “a consistent, significant, positive relationship between [Mexican American Studies] participation and student academic performance.” A 2016 study from Stanford University (published as a working paper) on the effects of an ethnic studies curriculum piloted in several San Francisco Unified School District (SFUSD) high schools found that assignment to a year-long 9th grade ethnic studies course was associated with an increase of ninth-grade student attendance by 21 percentage points, GPA by 1.4 grade points, and credits earned by 23. The authors conclude that “these surprisingly large effects are consistent with the hypothesis that the course reduced dropout rates and suggest that culturally relevant teaching, when implemented in a supportive, high-fidelity context, can provide effective support to at-risk students.” They also note, “the implementation of ethnic studies in SFUSD was, arguably, conducted with a high degree of fidelity, forethought, and planning. In particular, it appeared to draw upon the work of a core group of dedicated teachers, engaging in a regular professional learning community, with outside support from experts in the subject to create and sustain the program. As scholars from a number of disciplines have noted, the effects of such smaller-scale interventions are often very different when the same policies are implemented at scale.”

11) Related and Previous legislation. AB 1460 (Weber, 2019) Requires the CSU to provide courses in ethnic studies at each CSU campus, and requires the CSU to require, as part of the CSU graduation requirements, the completion of, at minimum, one 3-unit course in ethnic studies.

AB 2772 (Medina, 2018-19 Session) would have established a three-year grant program to require the CDE, contingent upon funding, to award grants to school districts to fund a semester- or year-long course in ethnic studies as part of a local graduation requirement in ethnic studies that is applicable to all students. AB 2772 was vetoed by Governor Brown, who stated:

“This bill establishes a three-year grant program for school districts that require ethnic studies in order to graduate.

School districts already can, and are, requiring ethnic studies for graduation. While I recognize the value of these courses, I am reluctant to encourage yet another graduation requirement, especially when students are already overburdened by multiple tests and endless hours of homework.”

AB 2016 (Alejo, Chapter 327, Statues of 2016) required the development of a model curriculum in ethnic studies and required school districts which elect to offer one course in ethnic studies to make the course available in at least one year during a student’s enrollment in grades 9-12.

AB 1689 (Low, 2015-16 Session) would have required, beginning with the high school class of 2022-23, that at least one of the courses required for graduation include a service-learning component. This bill was held in the Assembly Appropriations Committee.

AB 524 (Low, 2015-16 Session) would have required, beginning with the high school class of 2020-21, that at least one of the courses required for graduation include a service-learning component. This bill was held in the Assembly Appropriations Committee.

SUPPORT

State Superintendent of Public Instruction Tony Thurmond (Sponsor)

Anti-Defamation League

Calasian Chamber of Commerce

California Federation of Teachers

California Pacific Chamber of Commerce

California Teachers Association

Hispanic Association of Colleges and Universities

San Francisco Unified School District

Southeast Asia Resource Action Center

The Education Trust – West

University Of California Student Association

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 331

Author:(Medina, et al.)

As Amended Ver:March 20, 2019

Majority vote

SUMMARY:

Requires all students to complete a semester-long course in ethnic studies to graduate from high school commencing in the 2024-25 school year.

Major Provisions

1. Requires, commencing with the 2024-25 school year, that students complete a one semester ethnic studies course, in either social studies or English, in order to meet state high school graduation requirements.
2. Requires that the courses be based on the ethnic studies required to be developed by current law.
3. States that a student may fulfill this requirement through completion of either a course in ethnic studies or an ethnic studies course taught as a course in another subject. States that a course that does not use ethnic studies content as the primary content through which the subject is taught may not be used to satisfy this requirement.
4. Requires that a student fulfilling this requirement through completion of an ethnic studies course taught as a course in another subject shall also accrue credit for coursework in that subject.
5. Clarifies that students enrolled in charter schools are subject to the same graduation requirements as other students enrolled in public schools.

COMMENTS:

Enrollment and course offerings in ethnic studies is increasing, but many social science ethnic studies courses are not A-G approved. Ethnic studies courses are taught in different disciplines, most commonly in history-social science and English language arts. The Ethnic Studies model curriculum currently under development will provide a framework for courses in both of these disciplines. CDE data on course enrollment and offerings in ethnic studies indicates the following:

1. In 2016-17, 17,354 students were enrolled in ethnic studies courses (social science and English language arts combined), up from 8,678 in 2014-15.
2. The total above includes 4,662 students enrolled in ethnic studies courses in English language arts, in 210 courses in 82 schools in ethnic studies.
3. In 2016-17, 943 ethnic studies courses (social science and English language arts combined) were taught in 555 schools, compared with 696 courses in 177 schools in 2014-15.
4. In 2016-17, for ethnic studies courses in social science, 395 of the 777 courses (51%) were approved as meeting A-G admissions requirements.
5. In 2016-17, English language arts ethnic studies courses were more likely to be approved, with 166 of 210 (80%) courses approved as meeting A-G admissions requirements.

Enrollment in ethnic studies courses has been growing in recent years, but a significant number are not approved as meeting A-G admissions requirements of the University of California (UC) and the California State University (CSU) systems, particularly those offered as social science courses. In order for courses to receive approval, course outlines must be submitted to, and approved by, the UC. In recognition of this problem, the statute authorizing the development of the ethnic studies model curriculum requires that it include examples of courses A-G approved courses, including course outlines for those courses, to the extent feasible.

Trend toward local ethnic studies graduation requirements. Several school districts have recently made completion of a course in ethnic studies a local graduation requirement. Among them are Montebello Unified School District, El Rancho Unified School District, Sacramento City Unified School District, and Coachella Valley Unified School District.

According to the Author:

"Knowledge of our history plays a critical role in shaping who we become. When I was growing up, the history of those who look like me was not represented in the classroom. As a former Ethnic Studies teacher, I saw firsthand how much more engaged my students were when they saw themselves reflected in the coursework.

California is one of the most diverse states in the country and we should celebrate that diversity by teaching a curriculum that is inclusive of all of our cultures and backgrounds. Ethnic Studies provide students an opportunity to learn about histories outside of the Euro-centric teachings most prominent in our schools. At a time when the national climate drives divisiveness and fear of otherness, Ethnic Studies can play a critical role in increasing awareness and understanding."

Arguments in Support:

Asian Americans Advancing Justice writes, "Given California's annual increase in diversity, it is important that students build knowledge of the various racial and ethnic groups in our state. Incorporating ethnic studies courses into standard high school curriculum is a means to accomplish this. Ethnic studies, promotes respect and understanding among races, supports student success and teaches critical thinking skills. Additionally, the course provides students with the opportunity to learn about their respective culture in the context of California's history."

Arguments in Opposition:

None on file

FISCAL COMMENTS:

According to the Assembly Appropriations Committee, unknown Proposition 98 General Fund cost pressures to the K-12 Mandates Block Grant, likely in the millions of dollars annually, to school districts and charter schools to add ethnic studies as a statewide graduation requirement. Costs potentially include funding for additional teacher training or hiring; integration of ethnic studies content in current courses or ethnic studies course development; purchase of supplemental materials; and outreach to students and parents about the new graduation requirement. Costs would likely be less for schools that already offer ethnic studies classes or include ethnic studies as part of their school district's local graduation requirements. There will also be additional cost pressures on charter schools to comply with all state graduation requirements, to the extent they do not already do so.

VOTES:

ASM EDUCATION: 5-1-0

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

NO: Kiley

ASM APPROPRIATIONS: 13-5-0

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

NO: Bigelow, Brough, Diep, Fong, Obernolte

UPDATED:

VERSION: March 20, 2019

CONSULTANT: Tanya Lieberman / ED. / (916) 319-2087 FN: 0000714

Date of Hearing: April 3, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 331

Author:(Medina) – As Amended Ver:March 20, 2019

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

SUMMARY:

This bill adds the completion of a one-semester course in ethnic studies, which is based on the ethnic studies model curriculum, to state high school graduation requirements starting in the 2024-25 school year. It specifies students may fulfill this requirement by either completing a stand-alone ethnic studies course or an ethnic studies course combined with another course, if ethnic studies content is the course’s primary content. In a case where a student fulfills the requirement by taking ethnic studies combined with another course, the student may accrue credit in the subject in which the course is offered, including credit towards satisfying a course required for graduation. In addition, this bill expressly states all pupils enrolled in a charter school are subject to this and other existing high school graduation requirements.

FISCAL EFFECT:

Unknown Proposition 98 General Fund cost pressures to the K-12 Mandates Block Grant, likely in the millions of dollars annually, to school districts and charter schools to add ethnic studies as a statewide graduation requirement. Costs potentially include funding for additional teacher training or hiring; integration of ethnic studies content in current courses or ethnic studies course development; purchase of supplemental materials; and outreach to students and parents about the new graduation requirement. Costs would likely be less for schools that already offer ethnic studies classes or include ethnic studies as part of their school district’s local graduation requirements. There will also be additional cost pressures on charter schools to comply with all state graduation requirements, to the extent they do not already do so.

COMMENTS:

1. Purpose. According to the author:

California is one of the most diverse states in the country and we should celebrate that diversity by teaching a curriculum that is inclusive of all of our cultures and backgrounds. Ethnic Studies provide students an opportunity to learn about histories outside of the Euro-centric teachings most prominent in our schools. At a time when the national climate drives divisiveness and fear of otherness, Ethnic Studies can play a critical role in increasing awareness and understanding.

1. Ethnic Studies Courses. The State Board of Education’s curriculum frameworks describe high school ethnic studies courses as interdisciplinary courses that focus on ethnic groups’ experiences in the United States with a concentration on the experiences of these groups in historical, literary and political contexts, among others. High schools may elect to offer ethnic studies courses and these courses typically are taught as part of English language arts or social science courses.

In the 2016-17 school year, 17,354 students enrolled in 943 ethnic studies courses at 555 schools. Of these courses, about 60% were approved as meeting the admissions requirements for UC and CSU.

1. Current Graduation Requirements. Current law establishes state high school graduation requirements. To graduate, a student must complete three courses in English; two courses in mathematics; two courses in science; three courses in social studies; and one course in arts, language or career technical education. While state law does not require a course in ethnic studies for graduation, it does require a school district or charter school electing 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 make the course available in at least one year during a student’s enrollment in grades 9 through 12.

Current law also permits school districts to establish local graduation requirements that exceed those of the state. Several school districts have ethnic studies courses as a local graduation requirement.

Current law does not explicitly require charter schools to meet these state graduation requirements. However, most charter schools likely meet these requirements, as these courses (at a minimum) are required for UC and CSU admission.

1. Ethnic Studies Curriculum Development. To date, the state has not adopted a model curriculum for schools to use to teach ethnic studies courses. State law requires the State Board of Education do so by March 31, 2020. This curriculum is to include examples of ethnic studies courses meeting admissions requirements for UC and CSU.
2. K-12 Mandate Block Grant. To address various concerns with the traditional mandate claims process, such as the disincentive for school districts to perform mandated tasks efficiently, the state created the K-12 Mandate Block Grant in the 2012-13 budget. The amount of funding available in the block grant annually is tied to the number of mandates the CSM has found to be reimbursable and the mandate’s statewide cost. (Typically, when the CSM has determined a claim filed by a district to be reimbursable, it develops a statewide cost estimate for performing the mandate, which the legislature adds to the block grant as part of its annual budget process.) School districts that choose to participate in the block grant program receive per-student funding to cover the cost of state-mandated activities in lieu of submitting ongoing mandate claims for reimbursement. Charter schools also may participate in the block grant, but they may not submit mandate claims or receive reimbursement for mandate costs. School districts receive from the block grant a per-student funding rate of about $60 provided for high school students. Charter schools receive from the block grant a per-student funding rate of about $40 provided for high school students because charter schools are required to perform a smaller portion of mandates than are traditional schools.
3. Prior Legislation. AB 2016 (Alejo), Chapter 327, Statutes of 2016, requires the development of a model curriculum in ethnic studies, and requires school districts which elect to offer one course in ethnic studies to make the course available in at least one year during a student’s enrollment in grades 9 through 12.

AB 2772 (Medina), of the 2017-18 Legislative Session, as passed by this committee, would have required all students to complete a semester-long social studies or English language arts course in ethnic studies to graduate from high school, based on a state-adopted model curriculum, commencing in the 2023-24 school year. The bill was later amended to establish a grant program to provide funding for school districts that made ethnic studies a local graduation requirement. The bill was vetoed by Governor Brown.

HR 29 (Weber), of the 2017-18 Legislative Session, resolves that the state will establish an ethnic studies graduation requirement for all high school pupils. The resolution was adopted.

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

Date of Hearing: March 13, 2019

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 331 (

Author:Medina) – As Introduced Ver:January 31, 2019

SUBJECT: Pupil instruction: high school graduation requirements: ethnic studies

SUMMARY: Requires all students to complete a semester-long social studies or English language arts course in ethnic studies to graduate from high school, based on a state-adopted model curriculum, commencing in the 2023-24 school year. Specifically, this bill:

1. Requires, commencing with the 2023-24 school year, that students complete a one semester ethnic studies course, in either social studies or English, in order to meet state high school graduation requirements.
2. Requires that the courses be based on the ethnic studies required to be developed by current law.
3. States that a local educational agency may require a full-year course in ethnic studies at its discretion under its authority to establish local graduation requirements that exceed those of the state.
4. Deletes the requirement that a school district or charter school that elects to offer a course of study in ethnic studies offer the course as an elective in the social sciences or English language arts and make the course available in at least one year during a student’s enrollment in grades 9 to 12.

EXISTING LAW:

1. Establishes high school graduation requirements, and authorizes school districts to establish additional requirements for graduation.
2. Requires the Instructional Quality Commission (IQC) to develop, and the State Board of Education (SBE) to adopt, modify, or revise, a model curriculum in ethnic studies. 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.
3. Requires the model curriculum to be developed with participation from faculty of ethnic studies programs at universities and colleges with ethnic studies programs and a group of representatives of local educational agencies (LEAs).
4. 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.
5. Requires the IQC to provide a minimum of 45 days for public comment before submitting the model curriculum to the SBE.
6. 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.

FISCAL EFFECT: Unknown

COMMENTS:

Need for the bill. According to the author’s office: “Knowledge of our history plays a critical role in shaping who we become. When I was growing up, the history of those who look like me was not represented in the classroom. As a former Ethnic Studies teacher, I saw firsthand how much more engaged my students were when they saw themselves reflected in the coursework.

California is one of the most diverse states in the country and we should celebrate that diversity by teaching a curriculum that is inclusive of all of our cultures and backgrounds. Ethnic Studies provide students an opportunity to learn about histories outside of the Euro-centric teachings most prominent in our schools. At a time when the national climate drives divisiveness and fear of otherness, Ethnic Studies can play a critical role in increasing awareness and understanding.”

State graduation requirements. Current law establishes state high school graduation requirements, including the equivalent of three year-long courses in social studies. These courses must include 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. Current law also permits school districts to establish local graduation requirements which exceed those of the state.

Existing law does not require course in ethnic studies for graduation, but does require 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.

Status of ethnic studies model curriculum. Current law requires the IQC to develop and submit the model curriculum in ethnic studies to the SBE by December 31, 2019, and the SBE to adopt the curriculum by March 31, 2020. This bill requires that the ethnic studies courses required for graduation be aligned to the model curriculum in ethnic studies.

The IQC is holding three Model Curriculum Advisory Committee meetings from February through April of this year. The IQC will then review the draft curriculum and approve it for public review. Public comment will take place from June to August of this year, and the IQC is scheduled to recommend the draft curriculum to the SBE in November of this year. The SBE is scheduled to act on the recommendation between January and March of next year.

In 2018, the SBE adopted the following general principles for the model curriculum:

• Include accurate information based on current and confirmed research;
• When appropriate, be consistent with the content and instructional shifts in the 2016 History–Social Science Framework, in particular the emphasis upon student-based inquiry in instruction
• Promote the values of civic engagement and civic responsibility
• Align to the Literacy Standards for History–Social Studies within the California Common Core State Standards for English Language Arts and Literacy in History–Social Studies, Science, and Technical Subjects, as appropriate
• Promote self and collective empowerment
• Be written in language that is inclusive and supportive of multiple users, including teachers (single and multiple-subject), support staff, administrators, and the community
• Encourage cultural understanding of how different groups have struggled and worked together, highlighting core ethnic studies concepts such as equality, justice, race, ethnicity, indigeneity, etc.
• Include information on the ethnic studies movement, specifically the Third World Liberation Front, and its significance in the establishment of ethnic studies as a discipline and work in promoting diversity and inclusion within higher education
• Promote critical thinking and rigorous analysis of history, systems of oppression, and the status quo in an effort to generate discussions on futurity, and imagine new possibilities

The SBE also adopted the following principles for the course outlines in the model curriculum:

• Include course outlines that offer a thematic approach to ethnic studies with concepts that provide space for educators to build in examples and case studies from diverse backgrounds
• Include course outlines that allow for ethnic studies to be taught as a stand-alone elective or integrated into an existing course (e.g., sociology, English language arts, and history);
• Include course outlines that allow for local, state-specific, national, and global inquiry into ethnic studies
• Have the capability to engage multiple languages and genealogies
• Engage a range of disciplines beyond traditional history and social sciences, including but not limited to: visual and performing arts, English language arts, economics, biology, gender & sexuality studies, etc.

Enrollment and course offerings in ethnic studies is increasing, but many social science ethnic studies courses are not A-G approved. Ethnic studies courses are taught in different disciplines, most commonly in history-social science and English language arts. The model curriculum under development will provide a framework for courses in both of these disciplines.

As of the 2014-15 school year, the Montebello Unified School District offered a history elective called “Mexican American Studies” and an English language arts elective called “African American Literature.” The Oakland Unified School District offered a history-social science elective course titled “African American History,” and Los Angeles Unified School District offered an English language arts course titled “Mexican American Literature.” The San Francisco Unified School District offered a social studies elective called “Asian American History,” a year-long course taught in Chinese titled “Asian American Studies,” as well as a social studies elective titled “Ethnic Studies.”

Enrollment in ethnic studies courses has been growing in recent years, but a significant number are not approved as meeting A-G admissions requirements of the University of California (UC) and the California State University (CSU) systems, particularly those offered as social science courses. In order for courses to receive approval, course outlines must be submitted to, and approved by, the UC.

In recognition of this problem, the statute authorizing the development of the model curriculum requires that it include examples of courses A-G approved courses, including course outlines for those courses, to the extent feasible.

CDE data on course enrollment and offerings in ethnic studies indicates the following:

• In 2016-17, 17,354 students were enrolled in ethnic studies courses (social science and English language arts combined), up from 8,678 in 2014-15.
• The total above includes 4,662 students enrolled in ethnic studies courses in English language arts, in 210 courses in 82 schools in ethnic studies.
• In 2016-17, 943 ethnic studies courses (social science and English language arts combined) were taught in 555 schools, compared with 696 courses in 177 schools in 2014-15.
• In 2016-17, for ethnic studies courses in social science, 395 of the 777 courses (51%) were approved as meeting A-G admissions requirements.
• In 2016-17, English language arts ethnic studies courses were more likely to be approved, with 166 of 210 (80%) courses approved as meeting A-G admissions requirements.

Trend toward local ethnic studies graduation requirements. Several school districts have recently made completion of a course in ethnic studies a local graduation requirement. Among them are Montebello Unified School District, El Rancho Unified School District, Sacramento City Unified School District, and Coachella Valley Unified School District.

Ethnic studies course outlined in History-Social Science framework. The History-Social Science Framework adopted by the SBE in 2017 describes high school elective courses in ethnic studies as follows:

Ethnic studies is an interdisciplinary field of study that encompasses many subject areas including history, literature, economics, sociology, and political science, among others. In this course, students focus on an in-depth comparative study of the history, politics, culture, contributions, challenges, and current status of ethnic groups in the United States. It is also important for students to learn the national origins of ethnic groups and their transnational linkages. In Ethnic Studies, students examine the process of racial and ethnic formation of ethnic minorities in a variety of contexts: political, legal, social, historical, economic, and cultural. The course concentrates, to a great extent, on the experiences of various ethnic minorities in the United States and the ways in which their experiences were impacted by the issues of race, ethnicity, class, gender, and the interaction among different ethnic groups. Students will also address how individuals within specific ethnic groups think and feel about themselves and their group as it can be represented by literature, memoirs, art, and music. To understand ethnic identity in their local communities, students can volunteer with local community organizations and centers that serve specific ethnic populations.

Research on academic value of ethnic studies. A review by the National Education Association found that “there is considerable research evidence that well-designed and well-taught ethnic studies curricula have positive academic and social outcomes for students.” Another recent analysis found “a consistent, significant, positive relationship between [Mexican American Studies] participation and student academic performance.”

A 2016 study from Stanford University (published as a working paper) on the effects of an ethnic studies curriculum piloted in several San Francisco Unified School District high schools found that assignment to a year-long 9^th grade ethnic studies course was associated with an increase of ninth-grade student attendance by 21 percentage points, GPA by 1.4 grade points, and credits earned by 23. The authors conclude that “these surprisingly large effects are consistent with the hypothesis that the course reduced dropout rates and suggest that culturally relevant teaching, when implemented in a supportive, high-fidelity context, can provide effective support to at-risk students.” They also note, “the implementation of ethnic studies in SFUSD was, arguably, conducted with a high degree of fidelity, forethought, and planning. In particular, it appeared to draw upon the work of a core group of dedicated teachers, engaging in a regular professional learning community, with outside support from experts in the subject to create and sustain the program. As scholars from a number of disciplines have noted, the effects of such smaller-scale interventions are often very different when the same policies are implemented at scale.”

How to count the ethnic studies requirement? The California School Boards Association writes, “One concern is potential confusion on how to count the ethnic studies course toward state graduation requirements.  Current law requires completion of three courses in English language arts and three courses in history-social science.  It is unclear whether the ethnic studies requirement could be met concurrently through enrollment in courses which also met the English language arts or history-social science requirements.  CSBA would request an amendment to clarify that students taking the ethnic studies course meet both the ethnic studies requirement and the English/social studies requirement, depending upon how the course is integrated into the curriculum at the local level.”

Recommended amendments. Staff recommends that the bill be amended as follows:

1. Move the implementation date forward to the 2024-25 school year, consistent with the implementation timeline in AB 2772 of the 2017-18 Session, as passed by this Committee.
2. State that the graduation requirement may be met through completion of a stand-alone ethnic studies elective course, or through completion of a course required to meet a graduation requirement in another subject, provided that the course is based on the ethnic studies model curriculum adopted by the SBE. For example, if a student takes a course ethnic studies literature course called Mexican American Literature, the student could meet both the ethnic studies course requirement and earn a credit for a course in English language arts (a subject required for graduation), provided that the ethnic studies content is based on the model curriculum. As noted above, the ethnic studies model curriculum under development will include course outlines that allow for ethnic studies to be taught as a stand-alone elective or integrated into an existing course.
3. Permit the required ethnic studies course to be offered in any discipline, not only English language arts and social studies, provided that it is based on the ethnic studies model curriculum. As noted above, the model curriculum will be designed to engage a range of disciplines beyond traditional history and social sciences, including visual and performing arts, English language arts, economics, and gender and sexuality studies.
4. Clarify that the ethnic studies course requirement, as well as the other state minimum course requirements for graduation, apply to charter schools.

Prior legislation. AB 2772 (Medina), as passed by this Committee, would have required all students to complete a semester-long social studies or English language arts course in ethnic studies to graduate from high school, based on a state-adopted model curriculum, commencing in the 2023-24 school year. The bill was later amended to establish a grant program, administered by the CDE, for the purpose of providing funding for courses in ethnic studies in school districts which would make ethnic studies a graduation requirement. This bill was vetoed by Governor Brown, who stated:

School districts already can, and are, requiring ethnic studies for graduation. While I recognize the value of these courses, I am reluctant to encourage yet another graduation requirement, especially when students are already overburdened by multiple tests and endless hours of homework.

AB 1393 (Weber) of this Session would require the IQC to develop and submit to the SBE a model curriculum relative to the history and cultural study of Laotian refugees, as provided, on or before December 31, 2022.

SB 895 (Nguyen), Chapter 686, Statutes of 2018, requires the IQC to develop a model curriculum on the Vietnamese American refugee experience, a model curriculum on the Cambodian genocide, and a model curriculum on Hmong history and culture.

AB 738 (Limon), Chapter 614, Statutes of 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.

HR 29 (Weber) of the 2017-18 Session resolves that the state will establish an ethnic studies graduation requirement for all high school pupils.

AB 2016 (Alejo) Chapter 327, Statutes of 2016 requires the development of a model curriculum in ethnic studies, and requires school districts which elect to offer one course in ethnic studies to make the course available in at least one year during a student’s enrollment in grades 9-12.

AB 101 (Alejo) of the 2015-16 Session would have required the SPI to oversee the development of a model curriculum in ethnic studies, and would have established an advisory committee on ethnic studies to make recommendations on the development of the curriculum. AB 101 was vetoed by Governor Brown, who stated:

 
This bill creates what is essentially a redundant process. The Instructional Quality Commission is in the midst of revising the History-Social Science Framework, which includes guidance on ethnic studies courses. Creating yet another advisory body specific to ethnic studies would be duplicative and undermine our current curriculum process.

AB 1750 (Alejo) of the 2013-14 Session would have required the IQC to identify a model curriculum on ethnic studies at the high school level. This bill was held in the Senate Appropriations Committee.

AB 2001 (Diaz) of the 2001-02 Session would have required the Curriculum Development and Supplemental Materials Commission (now the IQC) to identify model programs, standards, and curricula for ethnic studies at the high school level. This bill was vetoed by the Governor, who stated that existing law, teacher training, and curriculum already addressed this topic.

REGISTERED SUPPORT / OPPOSITION:

Support

Anti-Defamation League
California Faculty Association
Empowering Pacific Islander Communities
Southeast Asia Resource Action Center

Educated Men with Meaningful Messages

Fresno International Refugee Ministries

Vietnamese Youth Development Center

Several individuals

Opposition

None on file

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