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

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Date Published: 02/19/2021 09:00 PM
SB693:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 693


Introduced by Senator Stern

February 19, 2021


An act to add Section 51221.1 to the Education Code, relating to pupil instruction.


LEGISLATIVE COUNSEL'S DIGEST


SB 693, as introduced, Stern. Pupil instruction: genocide and Holocaust education.
Existing law requires the adopted course of study in the area of social sciences for grades 7 to 12, inclusive, to include human rights issues, with particular attention to the study of the inhumanity of genocide, slavery, and the Holocaust. Existing law requires the State Department of Education to incorporate age-appropriate materials relating to, among other things, genocide and the Holocaust into publications that provide examples of curriculum resources for teacher use, consistent with the subject frameworks on history and social science. Under existing law, the Legislature encourages the incorporation of survivor, rescuer, liberator, and witness oral testimony into the teaching of genocide and the Holocaust. Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, recommend curriculum frameworks to the State Board of Education. Existing law authorizes the state board to consider the adoption of a revised curriculum framework and evaluation criteria for instructional materials in history-social science.
This bill would require, during the next revision of the history-social science curriculum framework on or after January 1, 2022, the Instructional Quality Commission to develop, and the state board to adopt, modify, or revise, detailed and age-appropriate academic content standards on genocide and the Holocaust for pupils enrolled in grades 7 to 12, inclusive. The bill would require, beginning in the 2025–26 school year, a school district or charter school maintaining any of grades 7 to 12, inclusive, to require instruction on genocide and the Holocaust based on the academic content standards for pupils enrolled in grades 7 to 12, inclusive, as provided. The bill would require, beginning with the 2026–27 school year, these school districts and charter schools to provide training on genocide and the Holocaust to teachers whose teaching responsibilities include courses of study in which instruction concerning genocide and the Holocaust is integrated. The bill would establish the Governor’s Council on Genocide and Holocaust Education to, among other things, promote implementation of genocide and Holocaust education and submit an annual report to the Legislature, as specified. By imposing new duties on school districts and charter schools, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


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.
(b) During the next revision of the history-social science curriculum framework on or after January 1, 2022, the Instructional Quality Commission shall develop, and the state board shall adopt, modify, or revise, detailed and age-appropriate academic content standards on genocide and the Holocaust for pupils enrolled in grades 7 to 12, inclusive.
(c) Beginning in the 2025–26 school year, a school district or charter school maintaining any of grades 7 to 12, inclusive, shall require instruction on genocide and the Holocaust based on the academic content standards for pupils enrolled in grades 7 to 12, inclusive, adopted pursuant to subdivision (b). The instruction shall be designed to do all of the following:
(1) Prepare pupils to confront the immorality of genocide, the Holocaust, and other acts of mass violence, and to reflect on the causes of related historical events.
(2) 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.
(3) Develop pupils’ respect for cultural diversity and help pupils gain insight into the importance of the protection of international human rights for all people.
(4) 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.
(5) Communicate the impact of personal responsibility, civic engagement, and societal responses.
(6) Stimulate 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.
(7) Provide pupils with opportunities to contextualize and analyze patterns of human behavior by individuals and groups who belong in one or more categories, including perpetrator, collaborator, bystander, victim, and rescuer.
(8) Enable pupils to understand the ramifications of prejudice, racism, and stereotyping.
(9) Preserve the memories of genocide survivors and provide opportunities for pupils to discuss and honor genocide survivors’ cultural legacies.
(10) Provide pupils with a foundation for examining the history of discrimination in the state.
(11) Include 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.
(12) Explore the various mechanisms of transitional and restorative justice that help humanity move forward in the aftermath of genocide.
(d) (1) The department shall provide technical assistance to school districts and charter schools for the purpose of providing the instruction described in subdivision (c). A school district and charter school may use any appropriate public or private materials, personnel, and other resources to develop and provide the instruction. A school district and charter school shall provide authentic genocide and Holocaust education training to teachers pursuant to subdivision (g), with an emphasis on easily accessible ongoing professional development focusing on primary sources to contextualize the history of genocide and the Holocaust.
(2) The department shall distribute information on appropriate curriculum materials and guidelines to school districts and charter schools. A school district and charter school may use any curriculum that complies with the requirements of this section.
(e) A school district and charter school may accept gifts, grants, and donations, including in-kind donations, designated for the development and provision of the instruction required by this section.
(f) The Governor’s Council on Genocide and Holocaust Education is hereby established. The council shall consist of ____ members appointed by the Governor. Members of the council shall be individuals who have particular interest or expertise on genocide and the Holocaust. Members of the council shall serve without compensation. However, if funding is available for this purpose from private sources, 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. The council shall do all of the following:
(1)  Identify, to the extent possible, all sources of strategies and content for providing and enhancing genocide and Holocaust education to pupils.
(2) Advise the Superintendent and each school district and charter school required to provide instruction pursuant to this section on strategies and content for providing and enhancing genocide and Holocaust education for teacher training and to pupils.
(3) Identify, to the extent possible, all programs and resources to train teachers to provide genocide and Holocaust education to pupils and share these programs and resources with the Superintendent, school districts, and charter schools.
(4) Promote, within school districts, charter schools, and the general population of the state, implementation of genocide and Holocaust education.
(5) On or before January 1, 2028, and each January 1 thereafter, submit an annual report to the Legislature on the status of genocide and Holocaust education in the state. A report to be submitted pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.
(g) (1) The department shall make available to school districts and charter schools required to provide instruction pursuant to this section in-service teacher training programs tailored to provide the instruction.
(2) Beginning with the 2026–27 school year, a school district and charter school shall provide training on genocide and the Holocaust to teachers whose teaching responsibilities include courses of study in which instruction concerning genocide and the Holocaust is integrated. School districts and charter schools may use programs made available by the department or use other alternative programs that are consistent with this subdivision.
(h) To the extent permitted by the California Constitution, the department may provide guidelines, in-service training, and any other materials developed in accordance with this section to a private school maintaining any of grades 7 to 12, inclusive, in the state, upon receiving a request from the private school.
(i) The department shall conduct a study on the manner in which genocide and Holocaust instruction is offered pursuant to this section. In conducting the study, a school district and charter school required to provide instruction pursuant to this section shall provide the department with information on whether the school district and charter school 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 school districts and charter schools that offered genocide and Holocaust instruction.
(2) The number of school districts and charter schools that used the curriculum materials and guidelines distributed by the department pursuant to paragraph (2) of subdivision (d).
(3) The number of school districts and charter schools that provided in-service teacher training programs pursuant to subdivision (g).
(4) A description of the manner in which school districts and charter schools provided genocide and Holocaust instruction, 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 genocide and Holocaust instruction, including recommendations for legislation.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.