BILL ANALYSIS Ó ------------------------------------------------------------ |24-24SENATE RULES COMMITTEE | SB 48| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 48 Author: Leno (D) Amended: 3/29/11 Vote: 21 SENATE EDUCATION COMMITTEE : 6-3, 3/23/11 AYES: Lowenthal, Alquist, Liu, Price, Simitian, Vargas NOES: Runner, Blakeslee, Huff NO VOTE RECORDED: Hancock, Vacancy SENATE JUDICIARY COMMITTEE : 3-2, 4/5/11 AYES: Evans, Corbett, Leno NOES: Harman, Blakeslee SUBJECT : Instruction: prohibition of discriminatory content SOURCE : Equality California Gay-Straight Alliance Network DIGEST : This bill (1) adds persons with disabilities, and lesbian, gay, bisexual, and transgender Americans to the list of groups of people whose role and contributions must be accurately portrayed in social science instruction and instructional materials, and (2) prohibits the State Board of Education and the governing board of any school district from adopting textbooks or other instructional materials that reflect adversely upon a person's religion, or sexual orientation. CONTINUED SB 48 Page 2 ANALYSIS : Existing law requires instruction in social sciences to include the role and contributions of men and women, black Americans, American Indians, Mexicans, Asians, Pacific Island people and other ethnic groups in the historical development of California. This bill adds persons with disabilities and lesbian, gay, bisexual, and transgender (LGBT) Americans to the list of characteristics that instruction in social sciences is required and updates the list to the presently accepted terminology. Existing law prohibits the State Board of Education and the governing board of a school district from adopting for use in the public schools any instructional materials that reflect adversely upon persons because of their race, sex, color, creed, handicap, national origin, or ancestry. This bill adds sexual orientation and religion to the list of characteristics and updates the list to the presently accepted terminology. Existing law requires the governing board of a school district to adopt instructional materials that include the roles of both men and women, and accurately portray the role and contributions of Native Americans, African Americans, Mexican Americans, Asian Americans, European Americans, and members of other ethnic and cultural groups to the total development of California and the United States. This bill revises the above list to include contributions from Pacific Islanders, lesbian, gay, bisexual, and transgender Americans, and persons with disabilities. Existing law prohibits the governing board of a school district from adopting any instructional materials for use in the schools that contain any matter reflecting adversely on persons because of their race, color, creed, national origin, ancestry, sex, handicap, or occupation. This bill revises the list of characteristics to include religion, and sexual orientation, and updates the list to presently accepted terminology. CONTINUED SB 48 Page 3 Existing law prohibits a teacher from giving instruction, and a school district from sponsoring any activity that promotes a discriminatory bias because of a characteristic listed in Education Code Section 220 (race or ethnicity, gender, religion, disability, nationality, sexual orientation). This bill lists the protected classes rather than cross-reference Education Code Section 220. This bill states the intent of the Legislature that alternative and charter schools take notice of the provisions of this bill. Background California has a history of prohibiting discriminatory bias in education, dating back to 1965 when the first statutory prohibition against curricula and books reflecting bias against persons because of national origin and ancestry was enacted. Statutory prohibitions against discrimination based on sex and disability followed in 1973 and 1987, respectively. The Student Safety and Violence Prevention Act of 2000, created by AB 537 (Kuehl), Chapter 587, Statutes of 1999, banned discrimination in schools against individuals of specified categories known as "protected classes." The law applies to all publicly-funded educational programs and activities and includes a prohibition of discrimination based on sexual orientation, gender identity and association with another person who is protected under these categories. In 2007, SB 777 (Kuehl), Chapter 569, Statutes of 2007, revised the list of prohibited bases of discrimination and the kinds of prohibited instruction, activities, and instructional materials in the Education Code, and instead cross-referenced the protected characteristics in the definition of hate crimes in the Penal Code, which includes sexual orientation. SB 777also defined those terms listed and changed by reference to "handicapped" individuals to individuals with physical disabilities. CONTINUED SB 48 Page 4 Comments According to the author's office, "the Fair, Accurate, Inclusive and Respectful (FAIR) Education Act ensures that lesbian, gay, bisexual, and transgender Americans are included and recognized for their important historical contributions to the economic, political, and social development of California, and ensures that discriminatory bias and negative stereotypes based on sexual orientation are prohibited in school activities and instruction, and instructional materials. This bill adds LGBT to the existing list of underrepresented cultural and ethnic groups that are covered by inclusionary instruction requirement. In addition, SB 48 includes sexual orientation as a characteristics covered under existing antidiscrimination protections pertaining to school activities and instruction, and instructional materials. Additionally, this bill updates the statute to conform to more recent references to underrepresented cultural groups. This bill adds "persons with disabilities" to protections for underrepresented groups. Updating the Required Social Science Instruction and Instructional Materials for Students. The right to a public education in California is a fundamental right guaranteed and protected by the California Constitution. In recognition of the importance of education in our society, the Legislature has enacted numerous laws designed to promote equality in educational opportunities and to safeguard students against discriminatory practices in public schools. Role and Contributions of All Americans to the Development of California and the United States Should be Included in Social Science Instruction. Under existing law, instruction in the social sciences is required to include the historical role and contributions of men and women, black Americans, American Indians, Mexicans, Asians, Pacific Island people, and other ethnic CONTINUED SB 48 Page 5 groups to the economic, political, and social development of California and the United States of America. This bill adds disabled persons and LGBT Americans to this list and updates these terms and conforms them to presently accepted terminology. The author and proponents argue that "the absence of any reference to the many important historical contributions of LGBT Americans to the development of this state and nation is a powerful exception. The historically inaccurate exclusion of LGBT Americans in social sciences instruction as well as the spreading of negative stereotypes in school activities sustains an environment of discrimination and bias in school throughout California. This is a primary obstacle to addressing California's bullying epidemic that continues to plague a majority of LGBT youth. According to Preventing School harassment survey, in schools where the contributions of the LGBT community are included in educational instruction, incidences of bullying declined by over half and LGBT students were more likely to feel they have an opportunity to make positive contributions at school." Disability Rights California notes that "people with disabilities are the largest minority group in the United States, with 54 million people, 6 million in California alone. Most Californians are largely unaware of the significant historical contributions people with disabilities have made." In addition to all the protected classes of Americans, existing law requires that instructional materials include contributions of both men and women in all types of roles, including professional, vocational, and executive roles. Further, the role and contributions of the entrepreneur and labor in the development of California and the United States must be included. This bill updates the social science curriculum by requiring schools to include the role and contributions of persons with disabilities and LGBT Americans in social science instruction. As discussed above, California has a history of requiring instruction that include the various roles of different ethnic, gender, and minority groups. The general purpose of requiring this diversity in school instruction is to promote understanding CONTINUED SB 48 Page 6 , and to recognize accomplishments of all groups of people. This bill ensures equal representation in education of all people, by requiring instruction in the social sciences to include the roles and contributions of persons with disabilities and LGBT Americans. Instructional Materials and Textbooks Should Not Reflect Adversely Upon a Person Based on a Particular Characteristic. Existing law also prohibits the State Board of Education (SBE) or any school district governing board from adopting any textbooks or instructional materials that reflect adversely upon people because of their race, sex, color, creed, handicap, national origin, or ancestry. This bill also prohibits schools from adopting textbooks or other instructional materials that contain any matter that reflects adversely upon a religion, or sexual orientation. According to the Senate Education Committee, the 2009 Budget Act provided that the SBE is prohibited from reviewing frameworks and adopting instructional materials until at least the 2013-14 school year. As a result, this section will not take effect at least until t hen. Additionally, until the 2012-13 fiscal year, the governing board of a school district is not required to provide students with instructional materials adopted by the SBE within a specified period of time. The California Safe Schools Coalition (the coalition) has conducted numerous research projects on the topic of LGBT students' experience in schools. The coalition has found that harassment in schools as it relates to "gender non-conformity" is more prevalent when schools lack a curriculum focused on LGBT issues. Moreover, the National Center for Lesbian Rights (NCLR) writes that "children and youth need to feel self-confident and safe both emotionally and physically in order to learn and thrive in school. They are denied a safe school environment when they are exposed to negative stereotypes in classroom materials and school-sponsored activities." By prohibiting the SBE and local governing boards from adopting textbooks that reflect adversely on LGBT Americans, it is hoped that this type of CONTINUED SB 48 Page 7 harassment may subside." Updating the List of Protected Classes Throughout the Education Code Which Conforms to Other Anti-Discrimination Statutes The current list of protected classes in the Education Code is outdated and inconsistent throughout the various sections. For example, in more than one section there are references to "black Americans." This bill updates the reference to say "African Americans" which is the presently accepted terminology. Additionally, this bill conforms the list of protected classes to the list contained in the Unruh Civil Rights Act and the Fair Employment and Housing Act. This should lead to less confusion and greater consistency in application. Prior Legislation SB 77(Kuehl), Chapter 569, Statutes of 2007, revised the list of prohibited bases of discrimination and the kinds of prohibited instruction and activities and, instead, referred to disability, gender, nationality, race or ethnicity, religion, sexual orientation, or any other characteristics contained in the definition of hate crimes contained in the Penal Code. This bill passed the Senate with a vote of 21-15 on September 11, 2007. SB 1437 (Kuehl), 2005-06 Session, would have directed the school governing boards to include only instructional material that accurately portrayed the cultural, racial, gender, and sexual diversity of our society. Additionally, the bill would have required social science instruction to include the contributions of people who are LGBT to the economic, political, and social development of California and the United States. Passed the Senate with a vote of 22-16 on August 29, 2006. This bill was vetoed by Governor Schwarzenegger. AB 537 (Kuehl), Chapter 587, Statutes of 1999, added the characteristics used in the definition of a hate crime to the prohibited bases of discrimination found in the Education Code. Passed the Senate with a vote of 24-14 on September 9, 1999. CONTINUED SB 48 Page 8 AB 222 (Kuehl), 1999-2000 Session, would have added sexual orientation into the prohibited bases of discrimination throughout the Education Code. (Died on Assembly Floor) AB 499 (Kuehl), Chapter 914, Statutes of 1998, reorganized, updated and clarified the student civil rights protections found in the Education Code. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Per Senate Judiciary Committee analysis) Equality California (co-source) Gay-Straight Alliance Network (co-source) American Federation of State, County and Municipal Employees, AFL-CIO Asian/Pacific Islander Youth Promoting Advocacy and Leadership California Church Impact California Teachers Association California Language Teachers Association City of West Hollywood Disability Rights California Fresno County Democratic Central Committee Los Angeles Unified School District National Center for Lesbian Rights Public Advocates San Joaquin Valley Democratic Club School for Integrated Academies and Technologies San Francisco Unified School District Transgender Law Center The Trevor Project OPPOSITION : (Per Senate Judiciary Committee analysis) Advanced Marketing Concepts, Inc. California Catholic Conference, Inc. Capitol Resource Family Impact Calvary Chapel of Chino Hills Calvary Christian Church of Saint Helena Concerned Women for America of California Concerned Women for America of Central California CONTINUED SB 48 Page 9 Eagle Forum of Long Beach Echos of Faith World Outreach Ministries Faith Assembly of God First Baptist Church Hamilton Square Baptist Church Heritage Christian Fellowship Holy Highway Church Immaculate Heart of Mary Parish La Haye Enterprises, Inc. Law Office of Reuben G. Lucero New Harvest Christian Fellowship New Life Fellowship of Perris Novato Parents and Family Coalition Pacific Justice Institute Praise Center Church Riverpark Bible Church Saint Charles Borromeo Parish Swedemasters The Conservative Party (California) Thousand Oaks Christian Fellowship Traditional Values Coalition Vallejo Involved Parents and Students YgnacioValley Republic Women, Federated ARGUMENTS IN SUPPORT : According to the author, "the Fair, Accurate, Inclusive and Respectful (FAIR) Education Act ensures that lesbian, gay, bisexual, and transgender Americans are included and recognized for their important historical contributions to the economic, political, and social development of California, and ensures that discriminatory bias and negative stereotypes based on sexual orientation are prohibited in school activities and instruction, and instructional materials. "This bill adds LGBT to the existing list of underrepresented cultural and ethnic groups that are covered by inclusionary instruction requirement. In addition, SB 48 includes sexual orientation as a characteristic covered under existing anti-discrimination protections pertaining to school activities and instruction, and instructional materials. Additionally, this bill updates the statute to conform to more recent references to underrepresented cultural groups. As amended, the bill would add 'persons with disabilities' to CONTINUED SB 48 Page 10 protections for underrepresented groups." In support of this bill, the California Teachers Association (CTA) writes, "CTA is pleased to support this measure to ensure the areas of social science instruction be expanded to include the contributions of LGBT individuals and other ethnic and cultural people as such supporting the human and civil rights of all students." Also in support, California Church Impact states, "we represent 1.5 million members of the mainstream, progressive Protestant and Orthodox communities of faith. We do not desire, from either political or moral positions, to consign the contributions of gay and lesbian members of our society to the 'hidden history' we so easily ignore. Our faith principles uphold the equal humanity and therefore equal contributions of all members of our society, and we salute you for shining the light on people who deserve acknowledgment." ARGUMENTS IN OPPOSITION : Several individuals and faith-based service providers have expressed opposition to this bill. The Calvary Christian Church believes this bill "intends to play with the minds of all California's students; even as young as Kindergarten!! Whatever the personal beliefs are of adults on homosexuality, bisexuality and transgender, the state has NO RIGHT trying to influence the beliefs, thinking and mindset of young students! You are turning teachers into state-sanctioned propagandists by forcing them to teach our youth about sexual lifestyles that parents do not want taught." Further, the Concerned Women of America believes that this bill's "goal is to be exclusive of other people or viewpoints not in agreement with the homosexual, bisexual, or transgender lifestyles?at a time when our state lacks dollars to pay for the current needs in education, it is incredible that this legislature is actually considering adding more financial burden on schools to pay for this evaluation for new textbooks." Also, the California Catholic Conference writes that this bill is unnecessary and overly intrusive, arguing that it "makes the characteristic of a historical actor preeminent in the study of his or her accomplishment." CONTINUED SB 48 Page 11 CPM:cm 4/8/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED