Bill Text: CA AB100 | 2015-2016 | Regular Session | Amended
Bill Title: Pupil instruction: ethnic studies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB100 Detail]
Download: California-2015-AB100-Amended.html
BILL NUMBER: AB 100 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2016
AMENDED IN ASSEMBLY APRIL 22, 2015
INTRODUCED BY Assembly Member Alejo
JANUARY 8, 2015
An act to add Section 8924.7 to, and to add Chapter 1.5
(commencing with Section 8050) to Division 1 of Title 2 of, the
Government Code, relating to state government. An act
to add Section 51226.7 to the Education Code, relating to
pupil instruction.
LEGISLATIVE COUNSEL'S DIGEST
AB 100, as amended, Alejo. California Law Fellowship
Program. Pupil instruction: ethnic studies.
Existing law requires the adopted course of study for grades 7 to
12, inclusive, to include, among other subjects, the social sciences.
Existing law requires the State Board of Education, with the
assistance of the Superintendent of Public Instruction, to establish
a list of textbooks and other instructional materials that highlight
the contributions of minorities in the development of California and
the United States. Existing law establishes the Instructional Quality
Commission and requires the commission to, among other things,
recommend curriculum frameworks to the state board.
This bill would require the Superintendent to oversee the
development of, and the state board to adopt, a model curriculum to
ensure quality courses in ethnic studies. The bill would require the
Instructional Quality Commission to advise, assist, and make
recommendations to the Superintendent regarding the development of
the model curriculum. The bill would, beginning the school year
following the adoption of the model curriculum, require each school
district maintaining grade 9 to offer to all otherwise qualified
pupils in that grade, as an elective in the social sciences, a course
of study in ethnic studies based on the model curriculum. By
imposing additional duties on school districts, 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 these
statutory provisions.
Existing law authorizes certain internship and fellowship
programs, as specified.
This bill would establish the California Law Fellowship Program
for the purpose of offering licensed attorneys and other qualifying
law school graduates limited-term placements in public sector
positions within state government as California Law Fellows, and
encouraging each fellow to seek permanent public-sector employment at
the conclusion of his or her fellowship, as specified.
Existing law, commonly known as the Code of Ethics, prohibits a
Member of the Legislature or an employee of either house of the
Legislature from receiving or agreeing to receive, directly or
indirectly, any compensation, reward, or gift from any source except
the State of California for any service, advice, assistance, or other
matter related to the legislative process, except for specified
circumstances.
This bill would provide that the services of a California Law
Fellow are not compensation, a reward, or a gift to a Member of the
Legislature for purposes of the so-called Code of Ethics. The bill
would also provide that a participant in the program is not an
employee of either house of the Legislature for purposes of the Code
of Ethics.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) The State of California is committed to providing excellent
educational opportunities to all of its pupils.
(b) There are 92 languages other than English spoken throughout
the state, with the primary languages being Arabic, Armenian,
Cantonese, Korean, Russian, Spanish, Tagalog, and Vietnamese.
(c) There is a growing body of academic research that shows the
importance of culturally meaningful and relevant curriculum.
(d) Based on the National Education Association (NEA) publication,
The Academic and Social Value of Ethnic Studies, the inclusion of
ethnic studies in a curriculum has a positive impact on pupils of
color.
(e) Ethnic studies benefit pupils in observable ways, such as
pupils becoming more academically engaged, increasing their
performance on academic tests, improving their graduation rates, and
developing a sense of self-efficacy and personal empowerment.
(f) The state's educational standards should be guided by core
values of equity and inclusiveness, and should reflect universally
high expectations.
(g) The state is committed to its efforts to provide all pupils
with excellent educational opportunities, without regard to race,
gender, ethnicity, nationality, income, sexual orientation, or
disability.
(h) The state is committed to its obligation to ensure its youth
are college prepared and career ready, while graduating 100 percent
of its pupils.
(i) The implementation of various ethnic studies courses within
California's curriculum that are A-G approved, with the objective of
preparing pupils to be global citizens with an appreciation for the
contributions of multiple cultures, will close the achievement gap,
reduce pupil truancy, increase pupil enrollment, reduce dropout
rates, and increase graduation rates.
(j) The state should support efforts in recruiting and retaining
teachers who have relevant experience and educational background in
the study or teaching of ethnic studies.
SEC. 2. Section 51226.7 is added to the
Education Code , to read:
51226.7. (a) The Superintendent shall oversee the development of,
and the state board shall adopt, a model curriculum to ensure
quality courses of study in ethnic studies through partnerships with
universities with ethnic studies programs. The model curriculum shall
meet the A-G approval requirements of the Regents of the University
of California.
(b) On or before the beginning of the 2017-18 school year, the
Instructional Quality Commission shall advise, assist, and make
recommendations to the Superintendent regarding the development of
the model curriculum pursuant to subdivision (a).
(c) Beginning the school year following the adoption of the model
curriculum pursuant to subdivision (a), each school district
maintaining grade 9 shall offer to all otherwise qualified pupils in
that grade, as an elective in the social sciences, a course of study
in ethnic studies based on the model curriculum.
SEC. 3. 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.
SECTION 1. The Legislature finds and declares
all of the following:
(a) California has the eighth largest economy in the world, and
its laws have a far-reaching impact on individuals, entities, and
organizations within the state and throughout the world.
(b) Because of its extraordinary economic impact and leadership on
timely issues, California's statutory framework and legal structures
have a national and global impact.
(c) Rapid technological and societal advances require the
development of public policy in new and evolving areas.
(d) State government officials must make informed policy decisions
about issues that have increasingly complex and interrelated legal
components.
(e) California is home to some of the world's most prestigious
universities and law schools.
(f) California is currently facing one of the largest surpluses of
recent law school graduates in the nation, and the unique education
and training of these skilled graduates could greatly assist the
state government in its work.
(g) Only approximately 5 percent of attorneys nationwide work for
state governments, meaning that the nation's state governments derive
insufficient benefit from those attorneys' legal training and
expertise.
(h) Approximately 36 percent of attorneys working for the State of
California are 55 years of age or older; therefore, California must
encourage attorneys to enter public service to fill vacancies as
those attorneys retire.
(i) The establishment of a law fellowship program in California
will enable the state to capitalize on the experience of its law
school graduates for the betterment of its government.
SEC. 2. Chapter 1.5 (commencing with Section
8050) is added to Division 1 of Title 2 of the Government Code, to
read:
CHAPTER 1.5. CALIFORNIA LAW FELLOWSHIP PROGRAM
8050. (a) The California Law Fellowship Program is hereby
established.
(b) The purpose of the program is to offer licensed attorneys and
other qualifying law school graduates limited-term placements in
public sector positions within state government.
(c) The program shall provide each California Law Fellow with the
opportunity to work in the public sector and shall encourage each
participant to seek permanent public-sector employment at the
conclusion of the fellowship.
(d) The Legislature requests that The University of the Pacific
McGeorge School of Law, in consultation with California law schools
accredited by the American Bar Association, and with any other
appropriate person or entity, do all of the following with respect to
the California Law Fellowship Program:
(1) Create the program to provide law graduates a post-graduate
educational experience and provide the Legislature and other
governmental entities with legal assistance and advice.
(2) House and administer the program, including managing funding
and processing applications.
(e) A California Law Fellow's placement with a state agency shall
be contingent on that agency's acceptance of the fellow, according to
criteria adopted by the participating state agency for purposes of
the program.
(f) (1) It is the intent of the Legislature that participation in
the program by an attorney or other qualifying law school graduate,
by a state agency, or by a public official within a state agency
shall not constitute a gift of public money or thing of value for
purposes of Section 6 of Article XVI of the California Constitution,
a gift for purposes of the Political Reform Act of 1974 (Title 9
(commencing with Section 81000)), or a gift, bequest, or favor for
purposes of the Code of Judicial Ethics adopted pursuant to
subdivision (m) of Section 18 of Article VI of the California
Constitution.
(2) To the extent feasible, the program shall be designed and
administered to accomplish the Legislature's intent as specified in
this subdivision.
(g) State funds shall not be used to administer the program.
(h) For purposes of this section:
(1) "California Law Fellow" means a participant in the program.
(2) "Program" means the California Law Fellowship Program.
(3) "Qualifying law school graduate" means a recipient of a law
degree from a law school accredited by the American Bar Association.
SEC. 3. Section 8924.7 is added to the
Government Code, to read:
8924.7. (a) The Legislature finds and declares that the
California Law Fellowship Program, established pursuant to Chapter
1.5 (commencing with Section 8050) of Division 1, establishes a
formal fellowship program that provides substantial public benefits
to the Legislature as a participating state agency.
(b) The services of a California Law Fellow, whose placement with
the Legislature is duly authorized by the Senate Committee on Rules,
the Assembly Committee on Rules, or the Joint Committee on Rules, as
appropriate, are not compensation, a reward, or a gift to a Member of
the Legislature for purposes of paragraph (4) of subdivision (b) of
Section 8920.
(c) A California Law Fellow, whose placement with the Legislature
is duly authorized by the Senate Committee on Rules, the Assembly
Committee on Rules, or the Joint Committee on Rules, as appropriate,
is not an employee of either house of the Legislature for purposes of
this article.
(d) For purposes of this section, a California Law Fellow is "duly
authorized by the Senate Committee on Rules, the Assembly Committee
on Rules, or the Joint Committee on Rules" only if both of the
following requirements are satisfied:
(1) The California Law Fellow has been selected according to
criteria, and pursuant to a process, approved by the Senate Committee
on Rules, the Assembly Committee on Rules, or the Joint Committee on
Rules.
(2) The program has executed an agreement with the Senate
Committee on Rules, the Assembly Committee on Rules, or the Joint
Committee on Rules whereby the California Law Fellow is bound to
abide by standards of conduct, economic interest disclosure
requisites, and other requirements specified by the Senate Committee
on Rules, the Assembly Committee on Rules, or the Joint Committee on
Rules.
