BILL NUMBER: AB 2003	AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 13, 2002
AMENDED IN ASSEMBLY MAY 23, 2002
AMENDED IN ASSEMBLY APRIL 16, 2002
AMENDED IN ASSEMBLY MARCH 21, 2002
INTRODUCED BY Assembly Members Koretz and Wyland
(Principal coauthors: Assembly Members Cohn and Robert Pacheco)
(Coauthors: Assembly Members Alquist, Aroner, Bates, Calderon,
Cardenas, Cedillo, Chavez, Chu, Correa, Corbett, Diaz, Firebaugh,
Frommer, Goldberg, Havice, Hertzberg, Horton, Jackson, Keeley, Kehoe,
Kelley, Liu, Longville, Lowenthal, Negrete McLeod, Migden, Oropeza,
Pavley, Pescetti, Reyes, Richman, Salinas, Shelley, Simitian,
Steinberg, Strickland, Strom-Martin, Vargas, Wesson, and Wyman)
(Coauthors: Senators Alarcon,  Karnette, Kuehl, Ortiz,
Romero, and Scott)
FEBRUARY 15, 2002
An act to amend Section 51226.3 of, and to add and repeal Chapter
3.64 (commencing with Section 44775.10) of Part 25 of, the Education
Code, relating to public schools.
LEGISLATIVE COUNSEL'S DIGEST
AB 2003, as amended, Koretz. The Holocaust and genocide.
Existing law requires the State Department of Education to
incorporate into prescribed materials, frameworks on history and
social science that deal with civil rights, human rights violations,
genocide, slavery, and the Holocaust, and encourages all state and
local professional development activities to provide teachers with
content background and resources to assist in teaching about civil
rights, human rights violations, genocide, slavery, and the
Holocaust.
This bill would recommend that survivor testimony be more central
to the teaching about slavery, genocide, and the Holocaust. The bill
would also require the Model Curriculum for Human Rights and
Genocide to be made available to schools in grades 7 to 12 as soon as
funding is available.
Existing law requires the Superintendent of Public Instruction to
designate nonprofit agencies to serve as regional social tolerance
resource centers and provides one-time funding for support of the
centers. Existing law requires that the agencies selected have
demonstrated success in prescribed activities, including, but not
limited to, providing teacher training activities and curricular
materials.
This bill would, in addition, until January 1, 2008, establish the
Holocaust/Genocide Commission and would require that the commission
establish the Center for Excellence on the Study of the Holocaust and
Genocide to promote education regarding the Holocaust and genocide,
including, but not limited to, providing teachers with the knowledge
and training to effectively teach pupils about the Holocaust,
genocide, slavery, and human rights.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited as, the
Holocaust and Genocide Education Act of 2003.
SEC. 2. The Legislature finds and declares all of the following:
(a) There is a known link between violence, vandalism, and ethnic
and racial intolerance. However, national studies indicate that
fewer than 25 percent of pupils have an understanding of the
organized attempts throughout history at the elimination of various
ethnic groups through a systematic program of mass killings or
genocide.
(b) The importance of teaching respect and tolerance in the
schools is hereby reaffirmed. Pupils must develop a respect for each
person as a unique individual, and understand the importance of a
universal concern for ethics, human rights, tolerance, and democracy.
(c) In order to create an awareness of the enormity of the crimes
of prejudice, bigotry, inhumanity, and intolerance, and to foster
responsibility by future generations to confront these crimes, it is
crucial that we teach the lessons of the Holocaust and genocide.
(d) As the lack of response to the Armenian Genocide ultimately
led to the Holocaust and Hitler's chilling words "Who today remembers
the extermination of the Armenians," examples of man's inhumanity to
man must be taught to ensure that this violent cycle of tragedy will
end. It is, therefore, desirable to educate pupils on all the
events leading up to the Holocaust, beginning with the Armenian
Genocide, recognized as the first genocide of the 20th century, as
well as those that followed, including, but not limited to,  the
Rape of Nanking, and the Ukrainian, Polish, Cambodian, Rwandan,
and Bosnian-Kosovar Genocides. Any curriculum developed as a result
of this act should include these historical events.
(e) The story of human rights and democracy can best be conveyed
to pupils by the personal stories of survivors, rescuers, and
liberators. The testimony of survivors, rescuers, and liberators
should become more central to the teaching about slavery, genocide,
and the Holocaust.
(f) The Model Curriculum for Human Rights and Genocide adopted by
the State Board of Education, pursuant to Section 51226 of the
Education Code, is an important resource for teaching our youth the
historical lesson of human rights violations, genocide, slavery, the
Holocaust, and the significance of the defense of human rights and
democracy. In addition, the revised 2001 edition of the
History-Social Science Framework and Standards for California Public
Schools K-12 provides the guidelines for teaching in this area.
(g) It should be the goal of the State Board of Education to
ensure that the Holocaust, the Armenian Genocide,  the Rape of
Nanking, the Ukrainian Genocide, the Polish Genocide, and the
Cambodian Genocide, as well as other significant events of human
rights violations, such as the Apartheid  and slavery ,
continue to be included prominently in any current or future adopted
Model Curriculum for Human Rights and Genocide, as well as any future
edition of the History-Social Science Framework and Standards for
California Public Schools K-12.
(h) Other historical events of genocide and human rights
violations should also be considered in the next cycle in which the
Model Curriculum for Human Rights and Genocide and the History-Social
Science Framework and Standards for California Public Schools K-12
is adopted.
SEC. 3. Section 51226.3 of the Education Code is amended to read:
51226.3. (a) The State Department of Education shall incorporate,
into publications that provide examples of curriculum resources for
teacher use, those materials developed by publishers of nonfiction,
trade books, and primary sources, or other public or private
organizations, that are age-appropriate and consistent with the
subject frameworks on history and social science that deal with civil
rights, human rights violations, genocide, slavery, and the
Holocaust.
(b) (1) The Legislature encourages all state and local
professional development activities to provide teachers with content
background and resources to assist in teaching about civil rights,
human rights violations, genocide, slavery, and the Holocaust.
(2) It is in the personal stories of survivors, rescuers, and
liberators that the story of the defense of human rights and
democracy can best be conveyed to pupils. The Legislature,
therefore, recommends that survivor, rescuer, and liberator testimony
become more central to the teaching about slavery, genocide, and the
Holocaust.
(3) The Center for Excellence on the Study of the Holocaust and
Genocide is established pursuant to Chapter 3.64 (commencing with
Section 44775.10) of Part 25, to enable teachers to gain the
knowledge and training to effectively teach pupils about the
Holocaust and genocide within the guidelines established in the most
current edition of the History-Social Science Framework and Standards
for California Public Schools K-12.
(c) The Legislature encourages all state and local professional
development activities to provide teachers with content background
and resources to assist in teaching about the Great Irish Famine of
1845-50.
(d) The Great Irish Famine of 1845-50 shall be considered in the
next cycle in which the history/social science curriculum framework
and its accompanying instructional materials are adopted.
(e) The Model Curriculum for Human Rights and Genocide adopted by
the State Board of Education, pursuant to Section 51226, shall be
made available to schools in grades 7 to 12 as soon as funding is
available.
SEC. 4. Chapter 3.64 (commencing with Section 44775.10) is added
to Part 25 of the Education Code, to read:
CHAPTER 3.64. THE HOLOCAUST AND GENOCIDE
Article 1. General
44775.10. As used in this chapter, the following words have the
following meanings:
(a) "Commission" means the Holocaust/Genocide Commission
established pursuant to this chapter.
(b) "Center" means the Center for Excellence on the Study of the
Holocaust and Genocide established pursuant to this chapter.
(c) "Genocide" includes, but is not limited to, the Armenian
 Genocide, Bosnian-Kosovar Genocide, Cambodian Genocide,
Rwandan Genocide, and Ukrainian Genocide.   Genocide,
the Bosnian-Kosovar Genocide, the Cambodian Genocide, the Polish
Genocide, the Rape of Nanking, the Rwandan Genocide, and the
Ukrainian Genocide.
(d) "Holocaust" means the mass extermination of Jewish persons,
Roma (also known as Gypsies), homosexuals, and the disabled, by the
Nazis.
Article 2. The Holocaust/Genocide Commission
44775.20. (a) The Holocaust/Genocide Commission is hereby
established.
(b) (1) The commission shall be composed of 12 members appointed
as follows:
(A) The Secretary for Education, or his or her designee.
(B) The Superintendent of Public Instruction, or his or her
designee.
(C) The Chancellor of the California State University, or his or
her designee.
(D) Three public members appointed by the Governor.
(E) Three public members appointed by the Speaker of the Assembly.
(F) Three public members appointed by the Senate Committee on
Rules.
(2) The Secretary for Education, the Superintendent of Public
Instruction, and the Chancellor of the California State University,
or their designee designees, shall
serve as ex officio commission members.
(3) The public members of the commission shall be residents of the
state and shall be appointed with due regard to, but not limited to,
the following:
(A) Persons who have served prominently as spokespersons for or as
leaders of organizations serving members of religious, ethnic,
national heritage or social groups, which were subjected to genocide,
torture, wrongful deprivation of liberty or property, officially
imposed or sanctioned violence, or other forms of human rights
violations and persecution.
(B) Persons who are survivors of the Holocaust or genocide, or are
experts in oral history on the Holocaust or genocide.
(C) Persons who are experienced in the field of genocide or
Holocaust education, have a demonstrated interest or involvement in
genocide or Holocaust studies, or represent liberators of victims of
genocide or the Holocaust.
(c) The term of each member of the commission shall be two years.
Any vacancy shall be filled within 60 days of its occurrence by the
appointing authority.
44775.23. (a) No person shall continue as a member of the
commission if  she or he   he or she
ceases to hold the office or be a member of an association or
organization that qualifies that person for appointment to the
commission.
(b) The commission shall appoint an executive officer and other
necessary staff to perform functions that cannot be provided by
others on a contract basis, or by volunteers.
(c) Members of the commission, who are not full-time public
employees, shall serve without compensation, but shall be reimbursed
for actual and necessary expenses incurred in the performance of
their duty. Any member may waive compensation.
(d) A quorum shall consist of a majority of the members of the
commission. All meetings of the board shall be held in accordance
with the Bagley-Keene Open Meetings Act (Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code).
44775.26. The duties of the commission shall include, but are not
limited to, all of the following:
(a) Monitoring the development of curriculum relating to the
Holocaust and genocide.
(b) Ensuring that the curriculum meets minimum standards for the
Holocaust and genocide education.
(c) Promoting the implementation of Holocaust and genocide
education.
(d) Surveying the extent of Holocaust and genocide education
presently being incorporated into the curricula and taught in the
educational system in the state.
(e) Developing awareness programs throughout the state of
Holocaust and genocide education.
(f) Compiling a roster of volunteers who are willing to share
their verifiable knowledge and experiences in classrooms, seminars,
and workshops on the subject of  the Holocaust, genocide,
or slavery  education  .
(g) Coordinating activities that will appropriately memorialize
the Holocaust and genocide education throughout the state.
(h) Providing oversight of the center.
(i) Applying for funding, on behalf of the center, to the
Legislature to carry out the requirements of this chapter.
(j) Submitting annual reports to the Legislature on the progress
and status of the program.
Article 3. The Center for Excellence on the Study of the
Holocaust and Genocide
44775.30. (a) The Center for Excellence on the Study of the
Holocaust and Genocide shall be established by the commission
pursuant to this chapter. The center shall work in cooperation with
community-based Holocaust and genocide organizations.
(b) The center shall be established no later than December 1,
2003.
(c) This chapter shall be implemented to the extent funding is
appropriated in the annual Budget Act for fiscal years 2003-04,
2004-05, 2005-06, 2006-07, and 2007-08.
44775.33. (a) The center shall operate to provide teachers with
the knowledge and training to effectively teach pupils in the public
schools about the Holocaust, genocide, slavery, and human rights.
(b) The center shall work cooperatively with the California State
University to offer advanced degree programs in Holocaust and
genocide studies.
(c) The center shall also affiliate with recognized institutions
and community-based organizations that serve as a valuable
educational resource on issues relating to the Holocaust, genocide,
or slavery.
44775.36. The center shall do all of the following:
(a) Support and facilitate teachers' use of certificate programs
in Holocaust and genocide studies developed through the California
State University.
(b) Support and facilitate educational opportunities for educators
to pursue postgraduate doctoral degrees in Holocaust and genocide
studies developed through the California State University and the
University of California.
(c) Coordinate educational activities with appropriate education
officials at the state and local level, including, but not limited
to, curriculum consulting programs, and teacher training programs.
(d) Act as a clearinghouse for teacher training materials,
including, but not limited to, all of the following:
(1) Serve as a repository for curriculum, academic, library, and
archival materials concerning the Holocaust and genocide.
(2) Provide reference and research services in support of the
center's activities.
(3) Create a centralized Holocaust and Genocide Internet Web
site.
(e) Provide specialized training for teachers and school
districts.
(f) Provide teacher scholarships for staff development regarding
classroom instruction on the Holocaust and genocide.
(g) Provide support funds to enable teachers and school districts
to use the already existing institutions in the state that are
focused on the Holocaust and genocide.
(h) Assess and monitor the effectiveness of teacher training
programs and classroom instruction.
(i) Promote Holocaust and genocide awareness and curriculum for
all grade levels, as appropriate.
(j) Partner with institutions or community-based organizations, or
both, located in the state that provide teacher training or
certification, or both, in Holocaust, genocide, slavery, or human
rights. The materials and training provided by these institutions or
community-based organizations should reflect the History-Social
Science Framework and Standards for California Public Schools K-12
and historical integrity.
(k) Enable approved institutions and community-based organizations
to offer continuing education credits to teachers receiving training
in  the Holocaust, genocide, or slavery.
(l) Solicit support from both the public and private sectors.
(m) Promote activities to memorialize the Holocaust and genocide.
44775.38. This chapter shall remain in effect only until January
1, 2008, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2008, deletes or extends
that date.