Today's Law As Amended


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SB-693 Pupil instruction: genocide education: the Holocaust.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 51221.1 is added to the Education Code, to read:

51221.1.
 (a) As used in this section, the following definitions apply:
(1) “Council” means the Governor’s Council on Genocide and Holocaust Education.
(2) “Genocide” means any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group:
(A) Killing members of the group.
(B) Causing serious bodily or mental harm to members of the group.
(C) Deliberately inflicting on the group conditions of life calculated to bring about, in whole or in part, its physical destruction.
(D) Imposing measures intended to prevent births within the group.
(E) Forcibly transferring children of the group to another group.
(3) “Holocaust” means the systematic, bureaucratic, state-sponsored persecution and murder of approximately 6,000,000 Jews and 5,000,000 other individuals by the Nazi regime and its collaborators.
(4) “Local educational agency” means a school district, county office of education, or charter school.
(b) The Governor’s Council on Genocide and Holocaust Education is hereby established. The council shall be responsible for coordinating efforts between the department and individuals and organizations that are experts in the field of education on genocide, including the Holocaust.
(c) (1) The council shall consist of 15 members appointed as follows:
(A) Five members shall be appointed by the Governor, including one pupil representative who shall meet both of the following criteria:
(i) The pupil has been enrolled in a California high school for a minimum of two consecutive school years.
(ii) The pupil is in good academic standing.
(B) Five members appointed by the Speaker of the Assembly.
(C) Five members appointed by the Senate Committee on Rules.
(2)  A majority of the members appointed to the council shall be current or former public school teachers who have experience teaching about genocides. Members of the council shall be individuals who have particular interest or expertise on genocide, including the Holocaust. Members of the council shall serve without compensation.
(3) Members of the council may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as members of the council. Notwithstanding any other law, the department may receive funds donated, for purposes of this paragraph, by private individuals or entities, and expend those funds for those reimbursements.
(d) (1) The council shall develop best practices to facilitate the instruction on genocide, including the Holocaust, that aligns with academic content standards for pupils who are enrolled in grades 4 to 12, inclusive. The best practices shall also facilitate the offering of instruction that is appropriate for pupils who are enrolled in kindergarten and grades 1 to 3, inclusive.
(2) The council shall develop a process to identify available resources, and work with the department to establish new resources, that align with the best practices developed by the council, academic content standards, and the history-social science curriculum framework.
(e) The Legislature strongly encourages local educational agencies with pupils in grades 4 to 12, inclusive, to integrate the best practices into instruction on genocide, including the Holocaust, that meets existing academic content standards and the history-social science curriculum framework for these pupils. The best practices shall encourage innovation, equity, accessibility, and flexibility, and respect diversity, leading to instruction for pupils that complies with all of the following:
(1) Is age appropriate.
(2) Is sequential or thematic in its method of study.
(3) Communicates the connection between national, ethnic, racial, or religious intolerance and the subjects described in paragraph (2) of subdivision (a).
(4) Communicates the impact of personal responsibility, civic engagement, and societal response in the context of the subjects described in paragraph (2) of subdivision (a).
(5) Includes the use of personal narratives and multimedia primary source materials, including video testimony, photographs, artwork, diary entries, letters, government documents, maps, and poems as sources of knowledge and inquiry.
(6) Uses appropriate tools and innovative learning modes to encourage inquiry, social emotional development, respect for others, critical thinking, and empathy.
(7) Provides opportunities and skills to consider the relationships between historical and contemporary experiences, including opportunities to contextualize and analyze patterns of human behavior by individuals and groups, at the local, state, national, and international level.
(8) Stimulates pupils’ reflection on the roles and responsibilities of citizens in democratic societies to combat misinformation, indifference, and discrimination by developing critical thinking skills and using tools of resistance, including protest, reform, and celebration.
(9) Provides opportunities to reflect on the importance of remembrance, including opportunities to honor the memories of genocide survivors and their cultural legacies.
(10) Is designed to do all of the following, where appropriate:
(A) Prepare pupils to confront the immorality of genocide, the Holocaust, and other crimes against humanity, such as events in Nanjing, China, and Japanese internment camps during World War II, and to reflect on the causes of related historical events.
(B) Address the breadth of the history of the Holocaust, including the Third Reich dictatorship, concentration camp system, persecution of Jews and non-Jews, Jewish and non-Jewish resistance, and post-World War II trials, and other genocides perpetrated against humanity, including, but not limited to, the Armenian Genocide, the Genocide against the Tutsi in Rwanda, and other genocides committed in Africa, Asia, Latin America, South America, and Europe.
(C) Develop pupils’ respect for cultural diversity and help pupils gain insight into the importance of the protection of international human rights for all people.
(D) Promote pupils’ understanding of how the Holocaust contributed to the need for the term “genocide” and led to international legislation that recognized genocide as a crime.
(f) (1) The council shall work in consultation with the department and organizations and individuals that provide educational expertise and resources related to education on genocide, including the Holocaust, to align the best practices with academic content standards and frameworks. The best practices shall, among other things, suggest the minimum amount of instruction necessary to adequately educate pupils on genocide, including the Holocaust.
(2) The department shall distribute information on appropriate curriculum materials and guidelines to local educational agencies.
(g) (1) The council shall work with the department to provide resources to local educational agencies so they may incorporate the best practices on teaching genocide, including the Holocaust, into their existing accredited in-service training programs.
(2) The department shall make available the best practices and approved lessons, resources, and materials to support the integration of instruction on genocide, including the Holocaust.
(h) The council shall do all of the following:
(1) Identify, to the extent possible, all sources of strategies and content for providing and enhancing education on genocide, including the Holocaust, to pupils.
(2) Convene working groups comprised of individuals and organizations with significant expertise in the field of education on genocide, including the Holocaust, to advise the council. The working groups shall include certificated public school teachers.
(3) Advise the Superintendent and local educational agencies on strategies and content for providing and enhancing genocide and Holocaust education for teacher training and to pupils.
(4) Identify, to the extent possible, all programs and resources to train teachers to provide education on genocide, including the Holocaust, to pupils and share these programs and resources with the Superintendent and local educational agencies.
(5) Coordinate with the department on the identification of resources for purposes of this section.
(6) Explore the opportunity to develop best practices for instruction of pupils in kindergarten and grades 1 to 3, inclusive.
(7) Promote, within local educational agencies and the general population of the state, implementation of education on genocide, including the Holocaust.
(8) Work with the department to establish a small grants program for local educational agencies to foster cooperation and innovation among teachers and schools to develop strategies to apply the best practices effectively. Local educational agencies receiving a grant shall be required to participate in an impact evaluation study, developed by the department, to assess best practices and implementation of the grant.
(9) On or before January 1, 2028, and each January 1 thereafter, submit an annual report to the Legislature on the status of education on genocide, including the Holocaust, in the state. A report to be submitted pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.
(i) (1) The council shall approve professional development recommendations and materials for teaching the topic of genocide, including the Holocaust. The Legislature strongly encourages local educational agencies to provide genocide professional development programs to teachers pursuant to this section.
(2) The department may issue grants to local educational agencies for professional development programs under this section. These grant funds may be allocated by the department either from funds appropriated to the department in the annual Budget Act or another statute, or from funds donated to the department by private individuals or entities for this purpose. Private individuals who donate funds to the department for any purpose of this section shall not serve as members of the council or influence the processes or outcomes of the council.
(j) To the extent permitted by the California Constitution, the department may provide guidelines and any other materials developed in accordance with this section to a private school maintaining any of grades 4 to 12, inclusive, in the state, upon receiving a request from the private school.
(k) The department shall conduct a study on the manner in which instruction on genocide, including the Holocaust, is offered pursuant to this section to assess the impact of the instruction. Participation of a local educational agency in the study shall be voluntary. In conducting the study, a local educational agency participating in the study that is providing instruction pursuant to this section shall provide the department with information on whether the local educational agency offers the instruction and the manner in which the instruction is offered. On or before January 1, 2027, and each January 1 thereafter, the department shall submit a report to the Governor and appropriate policy and fiscal committees of the Legislature that includes all of the following information for the previous school year:
(1) The number of local educational agencies that offered instruction on genocide, including, the Holocaust.
(2) The number of local educational agencies that used the curriculum materials and guidelines distributed by the department pursuant to paragraph (2) of subdivision (f).
(3) The number of local educational agencies that provided professional development teacher training programs pursuant to subdivision (i).
(4) A description of the manner in which local educational agencies provided instruction on genocide, including the Holocaust, including the number of hours of instruction offered, the grade levels in which the instruction was provided, and the courses in which the instruction was provided.
(5) Recommendations for improvements to the offering of instruction on genocide, including the Holocaust, including recommendations for legislation.