Bill Text: CA AB1078 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Instructional materials and curriculum: diversity.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2023-09-25 - Chaptered by Secretary of State - Chapter 229, Statutes of 2023. [AB1078 Detail]

Download: California-2023-AB1078-Amended.html

---

Amended  IN  Assembly  May 02, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1078

---

Introduced by Assembly Member Jackson
(Coauthor: Assembly Member Lee)

February 15, 2023

---

An act to amend Sections 18111 and Section 60040 of, and to add Sections 33030.5, 51201, and Section 60040.5 to, the Education Code, relating to pupil instruction.

LEGISLATIVE COUNSEL'S DIGEST

AB 1078, as amended, Jackson. Instructional materials: removing instructional materials and curriculum: diversity.

Existing law prescribes substantive requirements and particular processes that the State Board of Education, the Instructional Quality Commission, local educational agencies, and the Superintendent of Public Instruction are required to follow when adopting or evaluating instructional materials or curriculum frameworks, materials, as defined.

This bill would require the state board to develop, by July 1, 2024, a policy for local educational agencies to follow before removing any instructional materials or ceasing to teach any curriculum. The bill would require the policy to include, but not be limited to, a requirement that the local educational agency receive approval from the state board before removing any instructional materials or ceasing to teach any curriculum. Commencing with the 2024–25 school year, the bill would require a local educational agency to receive approval from the state board and comply with any other applicable policies adopted by the state board before ceasing to teach any curriculum or removing any instructional materials. By imposing new obligations on local educational agencies, the bill would impose a state-mandated local program.

Existing law requires the state board to adopt standards, rules, and regulations for school library services and authorizes the governing board of a school district to exclude from schools and school libraries all books, publications, or papers of a sectarian, partisan, or denominational character.

This bill would also require the governing board of a school district to receive approval from the state board and comply with any other applicable policies adopted by the state board before removing any books, publications, or papers from schools and school libraries. By imposing new obligations on school districts, the bill would impose a state-mandated local program.

Existing law requires governing boards of school districts, when adopting instructional materials for use in the schools, to include materials that accurately portray the cultural and racial diversity of our society, including the contributions of both men and women and the role and contributions of culturally and racially diverse groups, including, among others, Mexican Americans, lesbian, gay, bisexual, and transgender Americans. Americans, and members of other ethnic and cultural groups. Existing law requires the state board to comply with those requirements related to the accurate portrayal of cultural and racial diversity when reviewing and adopting or recommending for adoption submitted basic instructional materials. Existing law also requires the governing board of each school district maintaining one or more high schools to comply with those requirements related to the accurate portrayal of racial and cultural diversity when adopting instructional materials for use in the high schools under its control.

This bill would revise the list of culturally and racially diverse groups to instead include materials that accurately portray the contributions of people of all gender expressions and the role and contributions of Latino Americans, LGBTQ+ Americans. The bill would also require that every instructional material adopted by a governing board include proportional and accurate representation of California’s diversity in the categories of race, gender, socioeconomic status, religion, and sexuality. Americans, and other religious and socioeconomic status groups. By imposing new obligations on local educational agencies, the bill would impose a state-mandated local program. The bill would require the State Department of Education to issue guidance related to how to help school districts, county offices of education, charter schools, and school personnel manage conversations about race and gender, and how to review instructional materials to ensure that they represent diverse perspectives and are culturally relevant.

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.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

---

Bill Text

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

SECTION 1.Section 18111 of the Education Code is amended to read:

18111.

(a)The governing board of a school district may exclude from schools and school libraries all books, publications, or papers of a sectarian, partisan, or denominational character.

(b)Commencing with the 2024–25 school year, the governing board of a school district shall only remove books, publications, or papers from schools and school libraries with approval from the state board and in compliance with other procedures developed by the state board, as described in Section 33030.5.

SEC. 2.Section 33030.5 is added to the Education Code, to read:

33030.5.

(a)The state board shall, by July 1, 2024, develop a policy for local educational agencies to follow before removing any instructional materials or ceasing to teach any curriculum. This policy shall include, but not be limited to, a requirement that the local educational agency receive approval from the state board before removing any instructional materials or ceasing to teach any curriculum.

(b)For purposes of this section, the following definitions apply:

(1)“Curriculum” means the components of a course of study.

(2)“Instructional materials” has the same meaning as that term is defined in subdivision (h) of Section 60010.

(3)“Local educational agency” means a school district, county office of education, or charter school.

SEC. 3.Section 51201 is added to the Education Code, to read:

51201.

(a)Commencing with the 2024–25 school year, a school district, county office of education, or charter school shall only cease teaching any curriculum with approval from the state board and in compliance with other procedures developed by the state board pursuant to Section 33030.5.

(b)For purposes of this section, “curriculum” means the components of a course of study.

SEC. 4.SECTION 1.

 Section 60040 of the Education Code is amended to read:

60040.

 (a)When adopting instructional materials for use in the schools, governing boards shall include only instructional materials that, in their determination, accurately portray the cultural and racial diversity of our society, including:

(1)

(a) The contributions of people of all gender expressions in all types of roles, including professional, vocational, and executive roles.

(2)

(b) The role and contributions of Native Americans, African Americans, Mexican Latino Americans, Asian Americans, Pacific Islanders, European Americans, LQBTQ+ LGBTQ+ Americans, persons with disabilities, and members of other ethnic and cultural ethnic, cultural, religious, and socioeconomic status groups to the total development of California and the United States.

(3)

(c) The role and contributions of the entrepreneur and labor in the total development of California and the United States.

(b)Every instructional material adopted by a governing board shall include proportional and accurate representation of California’s diversity in the following categories:

(1)Race.

(2)Gender.

(3)Socioeconomic status.

(4)Religion.

(5)Sexuality.

SEC. 5.Section 60040.5 is added to the Education Code, to read:

60040.5.

Commencing with the 2024–25 school year, a school district, county office of education, or charter school shall only remove instructional materials with approval from the state board and in compliance with other procedures developed by the state board pursuant to Section 33030.5.

SEC. 2.

 Section 60040.5 is added to the Education Code, to read:

60040.5.

 The department shall issue guidance related to how to help school districts, county offices of education, charter schools, and school personnel manage conversations about race and gender, and how to review instructional materials to ensure that they represent diverse perspectives and are culturally relevant.

SEC. 6.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.