BILL ANALYSIS Ó
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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.
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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.
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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.
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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
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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
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, 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
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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.
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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
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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
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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."
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CPM:cm 4/8/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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