ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO SENATE BILL 409
February 22, 2022 - Offered by Representatives L. Myers, Stubbs, Baldeh, Drake,
Haywood, Moore Omokunde, Anderson, Billings, Brostoff, Conley,
Considine, Emerson, Goyke, Hong, B. Meyers, Neubauer, S. Rodriguez,
Shankland, Shelton, Sinicki, Snodgrass, Spreitzer, Subeck, Vining and
Vruwink.
SB409-ASA2,1,4 1An Act to renumber and amend 118.19 (8); and to create 115.28 (55r), 118.165
2(3), 118.19 (8) (b), 118.40 (2r) (d) 3., 118.40 (2x) (d) 3. and 121.02 (1) (L) 4m. of
3the statutes; relating to: required instruction in African American history in
4the elementary and high school grades and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill requires the state superintendent of public instruction, in
collaboration with certain organizations specified in the bill, to develop a model
curriculum for all grades, from kindergarten to 12, on African American history that
does all of the following:
1. Includes developmentally appropriate instruction in the history of African
Americans in the United States in general, and in this state in particular, and
incorporates that history into the broader context of national and state history.
2. Includes instruction in the experiences of African Americans in, and the
contributions of African Americans to, the origins and development of the United
States and this state.
3. Includes instruction in the anthropological migration of people into this
state.
4. Includes tools to help pupils analyze history as a means to understand
current events and envision a positive multicultural society.

5. Specifies the essential knowledge and associated performance standards
regarding African American history that are incorporated into the social studies
curriculum in each grade.
The bill also requires the state superintendent to incorporate African American
history instruction that is consistent with the model curriculum into the model
academic standards for social studies. Public schools, independent charter schools,
and private schools must include in their social studies curriculum for every grade,
from kindergarten to 12, instruction in African American history that is consistent
with the model curriculum. Under the bill, DPI must employ three education
consultants to assist schools with updating curriculum and providing African
American history instruction.
Finally, under the bill, the state superintendent may not grant a teaching
license unless the applicant has received instruction in African American history
that is consistent with the model curriculum.
The bill also provides additional funding for the University of Wisconsin
System under its general program operations appropriation and for special
education aid for school districts, independent charter schools, cooperative
educational service agencies, and county children with disabilities education boards
for purposes of maintaining compliance with maintenance of effort requirements of
the federal Consolidated Appropriations Act and the federal American Rescue Plan
Act.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB409-ASA2,1 1Section 1 . 115.28 (55r) of the statutes is created to read:
SB409-ASA2,2,42 115.28 (55r) African American history; model standards; curriculum. (a)
3Develop a model curriculum for grades kindergarten to 12 on African American
4history that does all of the following:
SB409-ASA2,2,75 1. Includes developmentally appropriate instruction in the history of African
6Americans in the United States in general, and in this state in particular, and
7incorporates that history into the broader context of national and state history.
SB409-ASA2,2,108 2. Includes instruction in the experiences of African Americans in, and the
9contributions of African Americans to, the origins and development of the United
10States and this state.
SB409-ASA2,3,2
13. Includes instruction in the anthropological migration of people into this
2state.
SB409-ASA2,3,43 4. Includes tools to help pupils analyze history as a means to understand
4current events and envision a positive multicultural society.
SB409-ASA2,3,75 5. Specifies the essential knowledge and associated performance standards
6regarding African American history that are incorporated into the social studies
7curriculum in each grade.
SB409-ASA2,3,108 (b) Incorporate African American history instruction that is consistent with the
9curriculum developed under par. (a) into the model academic standards for social
10studies.
SB409-ASA2,3,1411 (c) Employ 3 full-time education consultants to assist school boards, operators
12of charter schools established under s. 118.40 (2r) and (2x), and governing bodies of
13private schools with updating curriculum and providing African American history
14instruction.
SB409-ASA2,2 15Section 2 . 118.165 (3) of the statutes is created to read:
SB409-ASA2,3,1816 118.165 (3) The governing body of a private school shall ensure that the private
17school, as part of the private school's curriculum, includes the instruction in African
18American history required under s. 121.02 (1) (L) 4m.
SB409-ASA2,3 19Section 3 . 118.19 (8) of the statutes is renumbered 118.19 (8) (intro.) and
20amended to read:
SB409-ASA2,3,2321 118.19 (8) (intro.) The state superintendent may not grant to any person a
22license to teach unless the person has received instruction in the study of minority
23group relations, including instruction in all of the following:
SB409-ASA2,3,25 24(a) The history, culture, and tribal sovereignty of the federally recognized
25American Indian tribes and bands located in this state.
SB409-ASA2,4
1Section 4. 118.19 (8) (b) of the statutes is created to read:
SB409-ASA2,4,32 118.19 (8) (b) The history of African American people consistent with the model
3curriculum developed under s. 115.28 (55r) (a).
SB409-ASA2,5 4Section 5 . 118.40 (2r) (d) 3. of the statutes is created to read:
SB409-ASA2,4,75 118.40 (2r) (d) 3. Ensure that each charter school established under this
6subsection includes in its curriculum the instruction in African American history
7required under s. 121.02 (1) (L) 4m.
SB409-ASA2,6 8Section 6 . 118.40 (2x) (d) 3. of the statutes is created to read:
SB409-ASA2,4,119 118.40 (2x) (d) 3. Ensure that each charter school established under this
10subsection includes in its curriculum the instruction in African American history
11required under s. 121.02 (1) (L) 4m.
SB409-ASA2,7 12Section 7 . 121.02 (1) (L) 4m. of the statutes is created to read:
SB409-ASA2,4,1513 121.02 (1) (L) 4m. As part of the social studies curriculum, include instruction
14in African American history that is consistent with the model curriculum developed
15under s. 115.28 (55r) (a) in each elementary and high school grade.
SB409-ASA2,8 16Section 8 . Nonstatutory provisions.
SB409-ASA2,4,1917 (1) Development of model curriculum. In developing the model curriculum
18required under s. 115.28 (55r) (a), the state superintendent of public instruction shall
19collaborate with all of the following:
SB409-ASA2,4,2020 (a) The African-American/Jewish Friendship Group, Inc.
SB409-ASA2,4,2121 (b) Wisconsin Black Historical Society and Museum, Inc.
SB409-ASA2,4,2222 (c) America's Black Holocaust Museum.
SB409-ASA2,4,2323 (d) The University of Wisconsin System.
SB409-ASA2,9 24Section 9 . Fiscal changes.
SB409-ASA2,5,8
1(1) Education consultant positions. In the schedule under s. 20.005 (3) for the
2appropriation to the department of public instruction under s. 20.255 (1) (a), the
3dollar amount for fiscal year 2021-22 is increased by $384,900 to increase the
4authorized FTE positions for the department by 3.0 GPR positions for the education
5consultants required under s. 115.28 (55r) (c). In the schedule under s. 20.005 (3) for
6the appropriation to the department of public instruction under s. 20.255 (1) (a), the
7dollar amount for fiscal year 2022-23 is increased by $384,900 to provide funding for
8the positions authorized under this subsection.
SB409-ASA2,5,129 (2) Special education aid. In the schedule under s. 20.005 (3) for the
10appropriation to the department of public instruction under s. 20.255 (2) (b), the
11dollar amount for fiscal year 2022-23 is increased by $245,000 to increase funding
12for aids for special education under s. 115.88.
SB409-ASA2,5,1613 (3) UW System; general program operations. In the schedule under s. 20.005
14(3) for the appropriation to the Board of Regents of the University of Wisconsin
15System under s. 20.285 (1) (a), the dollar amount for fiscal year 2022-23 is increased
16by $60,000 for the purpose for which the appropriation is made.
SB409-ASA2,10 17Section 10 . Initial applicability.
SB409-ASA2,5,2018 (1) Curriculum requirements. The treatment of ss. 118.165 (3), 118.40 (2r) (d)
193. and (2x) (d) 3., and 121.02 (1) (L) 4m. first applies to curriculum for the school year
20that begins after the effective date of this subsection.
SB409-ASA2,11 21Section 11 . Effective dates. This act takes effect on the day after publication,
22except as follows:
SB409-ASA2,5,2423 (1) Licensure requirements. The renumbering and amendment of s. 118.19 (8)
24and the creation of s. 118.19 (8) (b) take effect on July 1, 2023.
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