Today's Law As Amended


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



As Amends the Law Today


SECTION 1.

 Section 33540.2 of the Education Code is amended to read:

33540.2.
 (a) The department shall, no later than March 1, 2022, in collaboration with, and subject to the approval of, the executive director of the state board, use the funding appropriated pursuant to Section 156 of Chapter 44 of the Statutes of 2021 to enter into a contract with a county office of education or a consortium of county offices of education for the purposes of developing a model curriculum related 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 by September 1, 2024. The model curriculum shall be housed on the platform developed and maintained by the California History-Social Science Project. The designated county office of education or consortium of county offices of education shall work with the California History-Social Science Project and Teaching California to ensure that the curriculum is accessible and compatible with the platform. 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 county office of education or consortium of county offices of education shall ensure the inclusion of authentic voices and perspectives in the development of the model curriculum and shall provide multiple opportunities for authentic stakeholder engagement across the state, which shall include, but not be limited to, town halls or other input sessions and surveys. The county office of education or consortium of county offices of education shall consult with, but is not limited to consulting with,  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, members of the commission, and teachers, including  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 be open source and accessible to educators across the state and shall include curriculum and online instructional modules appropriate for use with pupils in kindergarten and any of grades 1 to 12, inclusive. 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.
(e) (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.
(f) The county office of education or consortium of county offices of education may subcontract with a nonprofit organization or institution of higher education in the development of the model curriculum pursuant to this section.
(g) The county office of education or consortium of county offices of education shall submit a report annually, until the completion of the model curriculum, on its progress in the development of the model curriculum, to the appropriate fiscal and policy committees of the Legislature and to the state board.
(h) (g)  Beginning in the school year following the completion 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.  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.
(i) (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.
(j) (i)  For purposes of this section, “model curriculum” means lesson plans, primary source documents, planning resources, teaching strategies, and professional development activities to assist teachers in teaching about the Vietnamese American refugee experience, the Fall of Saigon in 1975, 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 and covers the period from the Vietnam War and the Fall of Saigon in 1975 to the year 2000, which captures the experience of postwar Vietnamese immigrants in the United States. 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) The department shall, no later than April 1, 2022, in collaboration with, and subject to the approval of, the executive director of the state board, use the funding appropriated pursuant to Section 156 of Chapter 44 of the Statutes of 2021 to enter into a contract with a county office of education or a consortium of county offices of education for the purposes of developing a model curriculum related to Cambodian American history and heritage by September 1, 2024. The model curriculum shall be housed on the platform developed and maintained by the California History-Social Science Project. The designated county office of education or consortium of county offices of education shall work with the California History-Social Science Project and Teaching California to ensure that the curriculum is accessible and compatible with the platform. 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 county office of education or consortium of county offices of education shall ensure the inclusion of a myriad of voices and perspectives in the development of the model curriculum and shall provide opportunities for stakeholders’ active engagement and participation across the state, which shall include, but not be limited to, town halls, community forums, and other forms of input. The county office of education or consortium of county offices of education shall consult with, but is not limited to consulting with, Cambodian Americans that span generations and have diverse social backgrounds, including educators, scholars, students, and artistic, creative, cultural, and religious groups. 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 tangible and intangible expressions, including, but not limited to, writings, media, other artistic, cultural, and historical artifacts, multigenerational storytelling, and oral history that represent Cambodian American history and heritage  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 be open source and accessible to educators across the state and shall include curriculum and online instructional modules  include curriculum  appropriate for use with pupils in kindergarten and any of grades 1 to 12, inclusive. 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 accommodate  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) The county office of education or consortium of county offices of education may subcontract with nonprofit organizations or institutions of higher education in the development of the model curriculum pursuant to this section.
(g) The county office of education or consortium of county offices of education shall submit a report annually, until the completion of the model curriculum, on its progress in the development of the model curriculum, to the appropriate fiscal and policy committees of the Legislature and to the state board.
(h) (f)  Beginning in the school year following the completion 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 Cambodian American history and heritage  the Cambodian genocide,  is encouraged to offer to pupils a course of study relative to Cambodian American history and heritage  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 Cambodian American history and heritage  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.
(i) (g)  It is the intent of the Legislature that local educational agencies that maintain high schools submit course outlines for studies relative to Cambodian American history and heritage  the Cambodian genocide  for approval as A–G courses.
(j) (h)  For purposes of this section, “model curriculum” means lesson plans, primary source documents, planning resources, teaching strategies, and professional development activities to assist teachers in teaching about Cambodian American history and heritage. 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 department shall, no later than May 1, 2022, in collaboration with, and subject to the approval of, the executive director of the state board, use the funding appropriated pursuant to Section 156 of Chapter 44 of the Statutes of 2021 to enter into a contract with a county office of education or a consortium of county offices of education for the purposes of developing a model curriculum related to Hmong history and cultural studies by September 1, 2024. The model curriculum shall be housed on the platform developed and maintained by the California History-Social Science Project. The designated county office of education or consortium of county offices of education shall work with the California History-Social Science Project and Teaching California to ensure that the curriculum is accessible and compatible with the platform.
(b) (a)  The county office of education or consortium of county offices of education shall ensure the inclusion of authentic voices and perspectives in the development of the model curriculum and shall provide multiple opportunities for authentic stakeholder engagement across the state, which shall include, but not be limited to, town halls or other input sessions and surveys. The county office of education or consortium of county offices of education shall consult with  commission shall develop, and the state board shall adopt, modify, or 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; members of the commission; representatives of local educational agencies; and teachers, including  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.
(c) (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.
(d) (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.
(e) (d)  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. 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) The county office of education or consortium of county offices of education may subcontract with a nonprofit organization or institution of higher education in the development of the model curriculum pursuant to this section. 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 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 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.
(g) (i)  The county office of consortium or county offices of education shall submit a report annually, until the completion Following the adoption  of the model curriculum, on its progress in the development of the model curriculum, to the appropriate fiscal and policy committees of the Legislature and to the state board. the Superintendent shall post the model curriculum on the department’s internet website for use on a voluntary basis by educators. 
(h) (j)  Beginning in the school year following the completion 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.
(i) (k)  Beginning in the school year following the completion 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.
(j) (l)  It is the intent of the Legislature that local educational agencies submit course outlines for Hmong studies for approval as A–G courses.
(k) For purposes of this section, the following definitions apply:
(1) (m)  “Local  For purposes of this section, “local  educational agency” means a school district, county office of education, or charter school.
(2) (n)  “Model curriculum” means lesson plans, primary source documents, planning resources, teaching strategies, and professional development activities to assist teachers in teaching about Hmong history pursuant to subdivision (d) and shall be open source and accessible to educators across the state and shall include curriculum and online instructional modules appropriate for use in elementary schools, middle schools, and high schools. 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.