Legislative Background

Assembly Bill 101 Links to an external site. by Assemblymember Jose Medina, Chapter 661 of the Statutes of 2021, amended Sections 51225.3 and 51226.7 of the Education Code has established ethnic studies as a high school graduation requirement as noted below. The bill was signed into law by Governor Newsom on October 8, 2021.

SEC. 2. Section 51225.3 of the Education Code, as amended by Section 18 of Chapter 865 of the Statutes of 2018, is amended to read:

51225.3. (a) A pupil shall complete all of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school:

(1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified:

• (G)
  • (i) Commencing with pupils graduating in the 2029–30 school year, including for pupils enrolled in a charter school, a one-semester course in ethnic studies. A local educational agency, including a charter school, may require a full-year course in ethnic studies at its discretion. Commencing with the 2025–26 school year, a local educational agency, including a charter school, with pupils in grades 9 to 12, inclusive, shall offer at least a one-semester course in ethnic studies.
  • (ii) Subject to the course offerings of a local educational agency, including a charter school, a pupil may fulfill the requirement of clause (i) through the completion of any of the following types of courses:
    • (I) A course based on the model curriculum developed pursuant to Section 51226.7.
    • (II) An existing ethnic studies course.
    • (III) An ethnic studies course taught as part of a course that has been approved as meeting the A–G requirements of the University of California and the California State University.
    • (IV) A locally developed ethnic studies course approved by the governing board of the school district or the governing body of the charter school. The proposed course shall first be presented at a public meeting of the governing board of the school district or the governing body of the charter school, and shall not be approved until a subsequent public meeting of the governing board or governing body at which the public has had the opportunity to express its views on the proposed course.
  • (iii) A course that does not use ethnic studies content as the primary content through which the subject is taught shall not be used to satisfy the requirement of clause (i).
  • (iv) A pupil completing a course described in clause (ii) shall also accrue credit for coursework in the subject that the course is offered, including, if applicable, credit towards satisfying a course required for a diploma of graduation from high school pursuant to this section.
  • (v) Curriculum, instruction, and instructional materials for a course described in clause (ii) shall meet all of the following requirements:
    • (I) Be appropriate for use with pupils of all races, religions, nationalities, genders, sexual orientations, and diverse ethnic and cultural backgrounds, pupils with disabilities, and English learners.
    • (II) Not reflect or promote, directly or indirectly, any bias, bigotry, or discrimination against any person or group of persons on the basis of any category protected by Section 220.
    • (III) Not teach or promote religious doctrine.
  • (vi) It is the intent of the Legislature that local educational agencies, including charter schools, consider that, pursuant to Section 51226.7, the Instructional Quality Commission undertook a lengthy, thorough, deliberative, and inclusive process before submitting a model curriculum in ethnic studies to the state board. To the extent that local educational agencies, including charter schools, choose to locally develop an ethnic studies program for approval by their governing board or governing body, it is the intent of the Legislature that local educational agencies not use the portions of the draft model curriculum that were not adopted by the Instructional Quality Commission due to concerns related to bias, bigotry, and discrimination.

Assembly Bill 2016 Links to an external site. by Assemblymember Luis Alejo, Chapter 327 of the Statutes of 2016, added Section 51226.7 to the Education Code, directed the Instructional Quality Commission (IQC) to develop, and the State Board of Education (SBE) to adopt, a model curriculum in ethnic studies. The bill was signed into law in 2016.

SEC. 3. Section 51226.7 of the Education Code is amended to read:

51226.7. (a) The Instructional Quality Commission shall develop, and the state board shall adopt, modify, or revise, a model curriculum in ethnic studies to ensure quality courses of study in ethnic studies. The model curriculum shall be developed with participation from faculty of ethnic studies programs at universities and colleges with ethnic studies programs and a group of representatives of local educational agencies, a majority of whom are kindergarten to grade 12, inclusive, teachers who have relevant experience or education background in the study and teaching of ethnic studies.

(b) The model curriculum shall be written as a guide to allow school districts to adapt their courses to reflect the pupil demographics in their communities. The model curriculum shall include examples of courses offered by local educational agencies that have been approved as meeting the A–G admissions requirements of the University of California and the California State University, including, to the extent possible, course outlines for those courses.

On March 18, 2021, the California State Board of Education adopted the Ethnic Studies Model Curriculum Links to an external site..

Consistent with the legislation the Ethnic Studies Model Curriculum:

1. offers support for the inclusion of ethnic studies as either a stand-alone elective, or to be integrated into existing history–social science and English language arts courses;
2. is written in language that is inclusive and supportive of multiple users, including teachers (single and multiple-subject), support staff, administrators, and the community, and encourage cultural understanding of how different groups have struggled and worked together, highlighting core ethnic studies concepts such as equality and equity, justice, race and racism, ethnicity and bigotry, indigeneity, etc.;
3. is written as a guide to allow school districts to adapt their courses to reflect the pupil demographics in their communities;
4. includes course outlines that offer a thematic approach to ethnic studies with concepts that provide space for educators to build in examples and case studies from diverse backgrounds;
5. includes course outlines that have been approved by the University of California and California State University as having met the “A–G” requirements for college readiness, in addition to sample lesson plans, curricula, primary source documents, pedagogical and professional development resources and tools, current research on the field, among other materials; and
6. was developed with the guidance of classroom teachers, college/university ethnic studies faculty and experts, representatives from local educational agencies, and representation from native peoples of the land where any course is taught, and the racial/ethnic populations referenced directly, where possible.

As noted, the Ethnic Studies Model Curriculum provides guidance for California school districts to meet the ethnic studies graduation requirement defined in the passage of AB 101.