AB 1078 — Instructional materials and curriculum: diversity.

Summary

(1) Existing law, the Safe Place to Learn Act, requires the State Department of Education, as part of its regular monitoring and review of a local educational agency, to assess whether the local educational agency has, among other things, adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on specified protected characteristics. This bill would require that policy to include a statement that the policy applies to all acts of the governing board or body of the local educational agency, the superintendent of the school district, and the county superintendent of schools in enacting policies and procedures that govern the local educational agency. Because this provision would impose an additional requirement on local educational agency officials, the bill would create a state-mandated local program. The bill would require the department, no later than July 1, 2025, to develop guidance and public educational materials to ensure that all Californians can access information about educational laws and policies that safeguard the right to an accurate and inclusive curriculum. (2) Existing law requires, as a condition of receipt of specified funds for instructional materials, the governing board of a school district to take specified actions, including holding a public hearing or hearings and making a determination, through a resolution, as to whether each pupil in each school in the school district has sufficient textbooks and instructional materials aligned to specified content standards. Upon a determination that there are insufficient textbooks or instructional materials, existing law requires the governing board to take action, as provided, to ensure that each pupil has sufficient textbooks or instructional materials within 2 months of the beginning of the school year in which the determination is made. If the county superintendent determines that a school does not have sufficient textbooks or instructional materials in accordance with this public hearing process, existing law requires the county superintendent to provide the school district with the opportunity to remedy the deficiency. If the deficiency is not remedied, existing law requires the county superintendent to request the department, with approval by the State Board of Education, to purchase textbooks or instructional materials for the school, as provided. If a governing board of a school district makes the above-described determination, by resolution, that there are insufficient textbooks or instructional materials, this bill would require the governing board to submit a copy of that resolution to the county superintendent of schools no later than 3 business days after the governing board hearing. (3) Existing law requires a school district to use its uniform complaint process to help identify and resolve any deficiencies related to, among other things, instructional materials, and to report summarized data on unresolved complaints to the county superintendent of schools. Existing law requires a complaint under these provisions to be filed with the principal of the school or the principal's designee. Existing law requires the principal or the designee of the district superintendent to make all reasonable efforts to investigate any problem within their authority and to remedy a valid complaint within a reasonable time period, as specified. Existing law authorizes the complainant to appeal to the Superintendent of Public Instruction and requires the Superintendent to provide a written report to the state board describing the basis for the complaint and, as appropriate, a proposed remedy. This bill would authorize a complaint that more than one pupil does not have sufficient textbooks or instructional materials, as a result of an act or omission by the governing board of a school district, to be filed directly with the Superintendent. The bill would authorize the Superintendent to directly intervene without waiting for the principal or the designee of the district superintendent to investigate. (4) Existing law requires the governing board of each local educational agency to either provide for an audit of its books and accounts or make arrangements with the county superintendent to provide for that audit. Existing law requires the auditor's report to include, among other things, a summary of audit exceptions and requires each county superintendent to review audit exceptions related to, among other things, inventory of equipment and the use of instructional materials program funds. This bill would require a county superintendent of schools to take a range of actions if the county superintendent determines that there are insufficient textbooks or instructional materials pursuant to (A) the receipt of the above-described resolution related to insufficient textbooks or instructional materials from the governing board of a school district, (B) the receipt of the above-described report of an unresolved complaint related to instructional materials, or (C) the receipt of the above-described report related to an audit exception related to the inventory of equipment and the use of instructional materials program funds, as provided. The bill would require the county superintendent, upon making this determination, to provide the school district with the opportunity to remedy the deficiency by no later than the 2nd month of the school term. If the deficiency is not remedied, the bill would require the department to purchase textbooks or instructional materials for the school, as specified. The bill would require the funds necessary for the purchase to be considered a loan to the school district and, unless the loan is repaid based upon an agreed-upon schedule with the Superintendent, would require the Controller to deduct the amount of the loan from the school district's next principal apportionment or other apportionment of state funds. By imposing new duties on county superintendents of schools and county offices of education, the bill would impose a state-mandated local program. (5) Existing law establishes a public school financing system that requires state funding for school districts, county offices of education, and charter schools to be calculated pursuant to a local control funding formula, as specified. This bill would reduce a school district's local control funding formula allocation by a specified amount if the Superintendent determines the school district has not provided sufficient textbooks or instructional materials pursuant to these provisions. (6) Existing law requires instruction in social sciences to include a study of the role and contributions of men and women and culturally and racially diverse groups, including, among others, Mexican Americans and lesbian, gay, bisexual, and transgender Americans, and members of other ethnic and cultural groups. This bill would revise the list of the above-described groups to instead require instruction in social sciences to include a study of the role and contributions of, among others, people of all genders, Latino Americans, LGBTQ+ Americans, and members of other ethnic, cultural, religious, and socioeconomic status groups. By imposing new obligations on local educational agencies, the bill would create a state-mandated local program. (7) 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, as defined. 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, 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 the above-described culturally and racially diverse groups to instead include materials that accurately portray the contributions of people of all genders and the role and contributions of Latino Americans, LGBTQ+ Americans, and other ethnic, cultural, 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 department, no later than July 1, 2025, 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 bill would prohibit the governing board of a school district, a county board of education, or the governing body of a charter school from refusing to approve or prohibiting the use of any textbook, instructional material, or other curriculum or any book or other resource in a school library on the basis that it includes a study of the role and contributions of any individual or group consistent with the above-described requirements relating to instruction in social sciences and the adoption of instructional materials that accurately portray the cultural and racial diversity of our society. The bill would also prohibit the governing board of a school district or a county board of education from prohibiting the continued use of an appropriately adopted textbook, instructional material, or curriculum on the basis that it contains inclusive and diverse perspectives. By imposing new obligations on local educational agencies, the bill would create a state-mandated local program. (8) 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. (9) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

• Chaptered 09/25/23 - Chaptered Current pdf September 25, 2023
• Enrolled 09/11/23 - Enrolled pdf September 11, 2023
• Amended 09/01/23 - Amended Senate pdf September 01, 2023
• Amended 07/13/23 - Amended Senate pdf July 13, 2023
• Amended 06/28/23 - Amended Senate pdf June 28, 2023
• Amended 05/02/23 - Amended Assembly pdf May 02, 2023
• Introduced 02/15/23 - Introduced pdf February 15, 2023
• AB1078 View text html

Action History

1. September 25, 2023

   Chaptered by Secretary of State - Chapter 229, Statutes of 2023.

2. September 25, 2023

   Approved by the Governor.

3. September 14, 2023

   Enrolled and presented to the Governor at 4:30 p.m.

4. September 07, 2023

   Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 61. Noes 17. Page 3056.).

5. September 07, 2023

   Assembly Rule 77 suspended. (Ayes 62. Noes 17. Page 3054.)

6. September 07, 2023

   Assembly Rule 63 suspended. (Page 3056.)

7. September 07, 2023

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 9 pursuant to Assembly Rule 77.

8. September 07, 2023

   Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 31. Noes 9. Page 2459.).

9. September 05, 2023

   Read second time. Ordered to third reading.

10. September 01, 2023

    Read second time and amended. Ordered returned to second reading.

11. September 01, 2023

    From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (September 1).

12. August 21, 2023

    In committee: Referred to APPR suspense file.

13. July 13, 2023

    Read second time and amended. Re-referred to Com. on APPR.

14. July 13, 2023

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 12).

15. June 28, 2023

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED.

16. June 20, 2023

    In committee: Set, first hearing. Hearing canceled at the request of author.

17. June 07, 2023

    Referred to Com. on ED.

18. May 31, 2023

    In Senate. Read first time. To Com. on RLS. for assignment.

19. May 30, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 62. Noes 16. Page 1893.)

20. May 18, 2023

    Read second time. Ordered to third reading.

21. May 18, 2023

    From committee: Do pass. (Ayes 11. Noes 4.) (May 18).

22. May 18, 2023

    Joint Rule 62(a), file notice suspended. (Page 1580.)

23. May 17, 2023

    In committee: Set, first hearing. Referred to APPR. suspense file.

24. May 03, 2023

    Re-referred to Com. on APPR.

25. May 02, 2023

    Read second time and amended.

26. May 01, 2023

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 26).

27. March 30, 2023

    In committee: Set, first hearing. Hearing canceled at the request of author.

28. March 02, 2023

    Referred to Com. on ED.

29. February 16, 2023

    From printer. May be heard in committee March 18.

30. February 15, 2023

    Read first time. To print.

Sponsors

• Corey A. Jackson · Primary
• Alex Lee · Cosponsor

Votes

Subjects