Ethnic studies remain unfunded

Since 2022, the California Department of Finance has taken the position that there has been no appropriation to implement the course, and some other legislators agree — no money, no requirement to develop or offer classes. As a result, school districts might conclude that the law’s “guardrails” intended to prevent bias, bigotry and discrimination from seeping into instruction could be ignored. However, the guardrails language was copied from existing state education statutes (Education Code 220), which would still prevail.

That lack of funding is creating uncertainty about the future of ethnic studies and suspense about whether Newsom will deliver the money next month when he proposes his 2025-26 budget — and, as importantly, whether he will condition funding on amendments to the law (Assembly Bill 101), including those championed by the Jewish Legislative Caucus.

“I come at this with a fresh set of eyes. It’s pretty clear that the law only really takes effect if there is funding for this during the budgetary process. There has been no budget allocated for that,” said Assemblymember David Alvarez, D-San Diego, who was elected to the Legislature in 2022 and chairs the Assembly Budget Subcommittee on Education Finance while serving on the Assembly Budget and Education committees.

“But that doesn’t mean that that won’t happen in the budget that’s to be released in January, which then funds the 2025-26 school year, which is when this would take effect,” he said. “I would expect it would” be funded.

Options ‘upon appropriation’

There is no statutory definition of “upon appropriation,” which is sometimes inserted in bills requiring significant funding. That leaves the governor and Legislature several options, according to legislative staff. One would be a significant one-time investment with dedicated funding in subsequent years. Another would be to eliminate “upon appropriation” by amending the bill — although that wouldn’t eliminate the state’s obligation to fund the mandate. The Legislature could then leave it to the Commission on State Mandates to decide how much should be reimbursed annually. Districts have complained that the commission tends to lowball reimbursements.

Advisers to and spokespeople for Newsom refused to discuss the unfunded mandate or what to expect in January, and leaders of one of the strongest advocates of ethnic studies, the controversial Liberated Ethnic Studies Model Curriculum Consortium, aren’t answering requests for comment. An administrator of the San Diego County Office of Education, which is coordinating state grants to develop ethnic studies course curriculums, also declined to comment.

Finance department states its position

A spokesperson for Newsom referred EdSource to the Department of Finance, which, in turn, pointed to a link to a Feb. 22, 2022, webcast of Budget Subcommittee on Education Finance hearing (watch between 2:57 to 3:07).

At the hearing, then-Assemblymember Kevin McCarthy, D-Sacramento, a strong proponent of ethnic studies, noted that the 2021-22 state budget included $50 million that would be disbursed to school districts to “launch this work.”

“Do we think that’s the adequate amount we need to make sure we have a successful ethnic studies requirement for high schools throughout California?” he asked state officials.

Amber Alexander, representing the Department of Finance, clarified that the $50 million was one-time funding for districts to create, not implement, the graduation mandate. “Nor,” she added, “does the Finance Department believe the $50 million would be sufficient, should the mandate progress.”

“I know that we have some debate about that, and I’m not sure why you need an appropriation because you’re going to have that class taught in a high school anyway, and you’ll have a teacher teaching that class as opposed to another class,” McCarthy responded. “Just simple mathematics; I don’t get it yet.”

Turning to Mike Torres, director of the curriculum frameworks division of the California Department of Education, McCarthy asked, “Do we think that we need, uh, any other resources? Um, on the lead-up to, uh, ethnic studies throughout California?”

Torres answered, “Gearing up for this requirement is likely to be a multi-year process with costs exceeding $50 million statewide (for districts) to make that happen.”

In an analysis of the financial impact of AB 101, the Finance Department estimated the implementation cost of ethnic studies at $272 million. Alvarez said that the 2021 ballpark estimate would need to be recalculated, and he wouldn’t hazard a guess of the cost other than to say it would be well over $100 million annually to reimburse districts.

Jewish caucus finds an ally in Newsom

Despite uncertainty over funding, intense work continues on developing ethnic studies curricula and piloting courses throughout the state. This week, the California Department of Education launched a website dedicated to Southeast Asian ethnic studies, including separate K-12 lesson plans exploring Vietnamese, Cambodian and Hmong histories and experiences. Chapters on Native American studies are planned for next fall.

The site was developed by the county education offices in Orange, Humboldt and San Diego counties, with $14 million in state funding from the 2021-22 budget. San Diego County has also hosted multiple series of ethnic studies webinars for teachers.

Meanwhile, the spread of the liberated ethnic studies curriculum developed as an alternative to the state’s Ethnic Studies Model Curriculum Framework has escalated tensions between its creator and promoter, the Liberated Ethnic Studies Model Curriculum Consortium and the Jewish Legislative Caucus. The “liberated” version has been a focus of several lawsuits brought by Jewish families and supportive law firms charging that its one-sided, ideological opposition to the state of Israel and its ongoing war with Hamas in Gaza has fostered antisemitism in schools.

Critics say that “liberated” ethnic studies view race relations in America as a continuing struggle against white supremacy and its oppression of people of color. It stresses the importance for students to challenge capitalism and the forces of imperialism, including Israel, which the curriculum calls a modern outpost of “settler colonialism.”

At the urging of the Legislative Jewish Caucus, the Legislature wrote into AB 101 that school districts should not use unadopted portions of earlier drafts of the model curriculum — an oblique reference to the elements of the liberated curriculum that were excised from the first draft. Advocates of liberated ethnic studies charged that the clause and other “guardrails” seek to squelch their free speech.

But the Jewish caucus has found an ally in Newsom. In August 2023, Brooks Allen, executive director of the State Board of Education and a Newsom adviser, wrote in a memo to school districts, “We have been advised, however, that some vendors are offering materials that may not meet the requirements of AB 101, particularly the second requirement (not reflecting or promoting any bias, bigotry or discrimination), an important guardrail highlighted when the bill was signed. Accordingly, before any curriculum or instructional materials for ethnic studies courses are selected, we strongly encourage you to closely scrutinize them to ensure that they meet the above requirements.”

Newsom cites the need to include lessons about Jewish Americans in the ethnic studies curriculum in his 17-page Golden State Plan to Combat Antisemitism, issued in April 2024. It also includes, “The Governor will work with the Jewish Caucus and Legislature to pursue legislation strengthening the guardrails established by AB 101 to ensure all ethnic studies courses are free from bias, bigotry and discriminatory content.”

Second attempt at tighter guardrails

That is the intent of Assembly Bill 2918, authored by Assemblymembers Rick Zbur, D-Los Angeles, and Dawn Addis, D-Morro Bay. Introduced late in the last legislative session, it ran aground amid opposition from the liberated consortium and the California Teachers Association as well as criticism that it short-circuited the full legislative process. Addis and Zbur promised to start from scratch and confer with opponents and Latino, Black and Asian legislative caucuses.

The bill called for strengthening vague wording of the guardrails as well as requirements that more opportunities for the public to weigh in on the development of local ethnic studies courses be created before a final vote for adoption by school boards. This has not been the case in some districts and is central to a lawsuit against Santa Ana Unified.

Newsom has not given any sign of whether he would treat funding and amending AB 101 separately or use funding as leverage for added protections. Zbur, a member of the Jewish caucus, said he’s not calling for that approach.

“I want ethnic studies to move forward. The entire Jewish caucus supported ethnic studies when it came up (for a vote). We (he and Addis) don’t view this in a context of leverage,” he said. “We actually have faith that the education unions and our colleagues want to ensure that we meet the goals of ethnic studies in a manner that’s appropriate for all students, including Jewish students.”

But Alvarez, who said he is “fully supportive of ensuring that the guardrails exist from the Jewish caucus perspective,” added that it’s appropriate to revise AB 101 while discussing how to fund it.  

“We have an opportunity to ensure we get this right,” he said. “And so as we go forward and implement, we need to make sure that we do so in the best way possible. It’s germane to the requirement that it needs to be funded.”