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AB-1039 Model curricula: Vietnamese American refugee experience, the Cambodian genocide, and Hmong history and cultural studies.(2021-2022)

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Date Published: 06/15/2021 09:00 PM
AB1039:v98#DOCUMENT

Amended  IN  Senate  June 15, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1039


Introduced by Assembly Members Nguyen and Kalra
(Coauthors: Assembly Members Chau, Chiu, Cristina Garcia, O’Donnell, Rodriguez, and Quirk-Silva Quirk-Silva, and Rodriguez)
(Coauthors: Senators Gonzalez, Nielsen, Wilk, Cortese, Hueso, and Min Cortese, Gonzalez, Hueso, Min, Nielsen, and Wilk)

February 18, 2021


An act to amend Sections 33540.2, 33540.4, and 33540.6 of the Education Code, relating to pupil instruction.


LEGISLATIVE COUNSEL'S DIGEST


AB 1039, as amended, Nguyen. Model curricula: Vietnamese American refugee experience, the Cambodian genocide, and Hmong history and cultural studies.
Existing law requires the Instructional Quality Commission to develop and submit to the State Board of Education, on or before December 31, 2022, and the state board to adopt, modify, or revise or reject, as prescribed, on or before March 31, 2023, a model curriculum relative to (1) the Vietnamese American refugee experience, (2) the Cambodian genocide, and (3) Hmong history and cultural studies, as specified, for use in elementary schools, middle schools, and high schools. Existing law requires implementation of these provisions to be subject to the receipt of grants, donations, or other financial support from private or public sources for its purposes, including, but not limited to, an appropriation in the annual Budget Act or another statute.
This bill instead would extend the timelines for the development and submission by the commission of, and the adoption, modification, or revision or rejection, as prescribed, revision by the state board of, the above-described model curricula by 4 years.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 33540.2 of the Education Code is amended to read:

33540.2.
 (a) On or before December 31, 2026, the commission shall develop and submit to the state board a model curriculum relative to the Vietnamese American refugee experience that includes, but is not limited to, curriculum on the fall of Saigon in 1975. On or before March 31, 2027, the state board shall adopt, modify, or revise the model curriculum. The commission shall provide a minimum of 45 days for public comment before submitting the model curriculum to the state board.
(b) The model curriculum shall be developed with participation from Vietnamese American cultural centers and community groups located in California, survivors, rescuers, and liberators of the Vietnam War, Vietnamese American refugees, and a group of representatives of local educational agencies, a majority of which are kindergarten and grades 1 to 12, inclusive, teachers who have relevant experience or educational backgrounds in the study and teaching of Vietnamese American history.
(c) (1) The model curriculum shall include the incorporation of writings and other media that represent all perspectives of the Vietnamese refugee experience, including oral testimony by survivors, rescuers, and liberators of the Vietnam War, including Vietnamese American refugees, Vietnamese boat people, and members of the Republic of Vietnam Armed Forces, to ensure quality standards and materials for this area of study.
(2) For purposes of this subdivision, “oral testimony” means the firsthand accounts of significant historical events presented in a format that includes, but is not limited to, in-person testimony, video, or a multimedia option, such as a DVD or an online video.
(d) The model curriculum shall include discussion of the Vietnamese boat people and members of the Republic of Vietnam Armed Forces, the reasons behind the exodus, the hardships faced by the Vietnamese people attempting to flee who were apprehended by the communist government, and the conditions that led to the resettlement of Vietnamese people in the United States.
(e) The model curriculum shall include curriculum appropriate for use in elementary schools, middle schools, and high schools.
(f) The model curriculum shall be written as a guide to allow school districts, charter schools, and county offices of education to adapt their related courses to best meet the educational needs of their communities. The model curriculum developed for use in high schools shall include examples of courses offered by local educational agencies that have been approved as meeting the A–G admissions requirements of the University of California and the California State University, including, to the extent possible, course outlines for those courses.
(g) Beginning in the school year following the adoption of the model curriculum pursuant to subdivision (a), each school district, charter school, or county office of education maintaining kindergarten or any of grades 1 to 12, inclusive, that does not otherwise offer standards-based curriculum relative to the Vietnamese American refugee experience, Vietnamese boat people, and the Republic of Vietnam Armed Forces, is encouraged to offer to pupils a course of study relative to the Vietnamese American refugee experience based on the model curriculum. A school district, charter school, or county office of education that serves pupils in any of grades 7 to 12, inclusive, that elects to offer a course of study in the Vietnamese American refugee experience pursuant to this subdivision, shall offer the course as an elective in the social sciences or world history and shall make the course available in at least one year during a pupil’s enrollment in grades 7 to 12, inclusive.
(h) It is the intent of the Legislature that local educational agencies that maintain high schools submit course outlines for studies relative to the Vietnamese American refugee experience for approval as A–G courses.
(i) The implementation of this section is subject to the receipt of grants, donations, or other financial support from private or public sources for its purposes, including, but not limited to, an appropriation in the annual Budget Act or another statute.

SEC. 2.

 Section 33540.4 of the Education Code is amended to read:

33540.4.
 (a) On or before December 31, 2026, the commission shall develop and submit to the state board a model curriculum relative to the Cambodian genocide. On or before March 31, 2027, the state board shall adopt, modify, or revise the model curriculum. The commission shall provide a minimum of 45 days for public comment before submitting the model curriculum to the state board.
(b) The model curriculum shall be developed with participation from survivors of the Cambodian genocide and a group of representatives of local educational agencies, a majority of which are kindergarten and grades 1 to 12, inclusive, teachers who have relevant experience or educational backgrounds in the study and teaching of the Cambodian genocide.
(c) (1) The model curriculum shall include the incorporation of writings or other media that represent all perspectives of the Cambodian genocide, including oral testimony by survivors, to ensure quality standards and materials for this area of study.
(2) For purposes of this subdivision, “oral testimony” means the firsthand accounts of significant historical events presented in a format that includes, but is not limited to, in-person testimony, video, or a multimedia option, such as a DVD or an online video.
(d) The model curriculum shall include curriculum appropriate for use in elementary schools, middle schools, and high schools.
(e) The model curriculum shall be written as a guide to allow school districts, charter schools, and county offices of education to adapt their related courses to best meet the educational needs of their communities. The model curriculum developed for use in high schools shall include examples of courses offered by local educational agencies that have been approved as meeting the A–G admissions requirements of the University of California and the California State University, including, to the extent possible, course outlines for those courses.
(f) Beginning in the school year following the adoption of the model curriculum pursuant to subdivision (a), each school district, charter school, or county office of education maintaining kindergarten or any of grades 1 to 12, inclusive, that does not otherwise offer standards-based curriculum relative to the Cambodian genocide, is encouraged to offer to pupils a course of study relative to the Cambodian genocide based on the model curriculum. A school district, charter school, or county office of education that serves pupils in any of grades 7 to 12, inclusive, that elects to offer a course of study in the Cambodian genocide pursuant to this subdivision, shall offer the course as an elective in the social sciences or world history and shall make the course available in at least one year during a pupil’s enrollment in grades 7 to 12, inclusive.
(g) It is the intent of the Legislature that local educational agencies that maintain high schools submit course outlines for studies relative to the Cambodian genocide for approval as A–G courses.
(h) The implementation of this section is subject to the receipt of grants, donations, or other financial support from private or public sources for its purposes, including, but not limited to, an appropriation in the annual Budget Act or another statute.

SEC. 3.

 Section 33540.6 of the Education Code is amended to read:

33540.6.
 (a) The commission shall develop, and the state board shall adopt, modify, or reject, revise, a model curriculum in Hmong history and cultural studies. The model curriculum shall be developed with participation from representatives of Hmong advocacy, community, social, and cultural organizations; faculty of Hmong studies programs at universities and colleges; and local educational agencies. A majority of the individuals with whom the commission consults shall be teachers of kindergarten or grades 1 to 12, inclusive, who have relevant experiences or educational backgrounds in the study and teaching of Hmong studies. The model curriculum shall identify the ways in which the model curriculum aligns with, and is supportive of, the common core academic content standards and of the goals of the curriculum framework in history-social science adopted by the state board in 2016.
(b) The model curriculum shall include examples of courses offered by local educational agencies that have been approved as meeting the A–G admissions requirements of the University of California and the California State University, including, to the extent possible, course outlines for those courses.
(c) The model curriculum shall address, but shall not necessarily be limited to, all of the following:
(1) The history of the Hmong people who lived in Laos, Thailand, Vietnam, and China.
(2) The history of the Hmong migration to the United States and California, as well as other parts of the world.
(3) Cultural beliefs, practices, and traditions of the Hmong people, including, among other things, Hmong New Year celebrations, marriages, newborns, and funerals.
(4) Contributions of the Hmong people to California and the United States.
(5) The contributions and sacrifices of the Lao-Hmong and other Southeast Asians who served in the “Secret Army” in Laos, which was funded by the United States Central Intelligence Agency.
(d) The commission shall hold a minimum of two public hearings in order for the public to provide input on the model curriculum. The public hearings required by this subdivision shall be held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(e) The commission shall provide a minimum of 45 days for public comment before submitting the model curriculum to the state board.
(f) On or before December 31, 2026, the commission shall submit the model curriculum to the state board for adoption, and the state board shall adopt, modify, or reject revise the model curriculum on or before March 31, 2027.
(g) If the state board modifies or revises the model curriculum submitted by the commission, the state board shall explain, in writing, the reasons for the modifications or revisions to the Governor and the appropriate policy and fiscal committees of the Legislature.
(h) If the state board modifies or revises the model curriculum, the state board shall, in a meeting conducted pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), provide written reasons for its modifications. modifications or revisions. The state board shall not adopt the model curriculum at the same meeting at which it provides its written reasons, but, instead, shall adopt these modifications or revisions at a subsequent meeting conducted no later than July 31, 2027.

(i)If the state board rejects the model curriculum, the state board shall transmit to the Superintendent, the Governor, and the appropriate policy and fiscal committees of the Legislature a specific written explanation of the reasons for the rejection of the model curriculum.

(j)

(i) Following the adoption of the model curriculum, the Superintendent shall post the model curriculum on the department’s internet website for use on a voluntary basis by educators.

(k)

(j) Beginning in the school year following the adoption of the model curriculum, local educational agencies are encouraged to use the model curriculum to provide instruction in kindergarten and grades 1 to 12, inclusive.

(l)

(k) Beginning in the school year following the adoption of the model curriculum, each local educational agency maintaining any of grades 9 to 12, inclusive, that does not otherwise offer a standards-based Hmong studies curriculum is encouraged to offer to all otherwise qualified pupils a course of study in Hmong studies based on the model curriculum.

(m)

(l) It is the intent of the Legislature that local educational agencies submit course outlines for Hmong studies for approval as A–G courses.

(n)

(m) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.

(o)

(n) The implementation of this section is subject to the receipt of grants, donations, or other financial support from private or public sources for its purposes, including, but not limited to, an appropriation in the annual Budget Act or another statute.