BILL ANALYSIS                                                                                                                                                                                                    



                                                                      



           ------------------------------------------------------------ 
          |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