BILL ANALYSIS                                                                                                                                                                                                    






                          SENATE COMMITTEE ON EDUCATION
                               Gloria Romero, Chair
                            2009-2010 Regular Session
                                         

          BILL NO:       AB 1775
          AUTHOR:        Furutani
          AMENDED:       June 21, 2010
          FISCAL COMM:   No             HEARING DATE:  June 30, 2010
          URGENCY:       No             CONSULTANT:Beth Graybill

          NOTE:  The Rules Committee has requested that this bill be  
          returned if approved by the Committee on Education.  A "do  
          pass" motion should include referral to the Committee on  
          Rules.  

           SUBJECT  :  Special days of significance:  Fred Korematsu Day  
                    of Civil Liberties and the Constitution.
          
           SUMMARY   

          This bill requires the Governor to annually proclaim January  
          30 as Fred Korematsu Day of Civil Liberties and the  
          Constitution and designates that day as a day having special  
          significance in which public schools and educational  
          institutions are encouraged to conduct exercises remembering  
          the life of Fred Korematsu.  

           BACKGROUND  

          Existing law designates a number of days as days having  
          special significance, when public schools are encouraged to  
          conduct suitable commemorative exercises integrated into  
          regular school programs.  Current law establishes the  
          following days having special significance:  (Education Code  
           37222)

               a)        March 30 of each year as Welcome Home Vietnam  
                    Veteran's Day
               b)        April 6 of each year as California Poppy Day 
               c)        April 21 of each year as John Muir Day
               d)        The second Wednesday in May as the "Day of the  
                    Teacher"
               e)        May 22 of each year as Harvey Milk Day

          Existing law also requires the Governor to proclaim various  
          days to remember specific individuals.  These days include  



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          September 28 as Cabrillo Day; January 15 as Dr. Martin Luther  
          King Jr. Day; and March 31 as Cesar Chavez Day.  (Government  
          Code  6708 et. seq.)



           ANALYSIS  

           This bill  :

          1)   Designates January 30 of each year as Fred Korematsu Day  
               of Civil Liberties and the Constitution as a day having  
               special significance; encourages public schools and  
               educational institutions to observe that day and conduct  
               exercises remembering the life of Fred Korematsu and  
               recognizing the importance of preserving civil  
               liberties, even in times of real or perceived crisis.  

          2)   Requires the Governor to annually proclaim January 30 as  
               Fred Korematsu Day of Civil Liberties and the  
               Constitution.  

          3)   Restructures the section of the Education Code related  
               to days of special significance so as to avoid current  
               and future technical conflicts.  

          4)   Makes legislative findings and declarations regarding  
               the life, career, contributions, and death of Fred  
               Korematsu, as well as his life-long fight for the  
               constitutional rights and civil liberties of all.

           STAFF COMMENTS  

           1)   Need for the bill  .  Fred T. Korematsu (1919 - 2005) was  
               one of approximately 120,000 Japanese Americans and  
               permanent residents of Japanese descent who were forced  
               to leave their communities and were incarcerated in  
               internment camps in 1942.  More than 60% of the people  
               who were imprisoned were citizens of the Untied States,  
               and many were third-generation Americans.  Mr.  
               Korematsu's refusal to comply with Civilian Exclusion  
               Order 34 of the U.S. Army, which followed President  
               Roosevelt's issuance of Executive Order 9066, led to his  
               arrest and subsequent conviction for violating the  
               military internment orders.  In 1944, he appealed his  
               case to the Supreme Court, arguing that Executive Order  
               9066 violated the Fourteenth Amendment to the United  



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               States Constitution.  Even though the Supreme Court  
               upheld the conviction, Mr. Korematsu continued to  
               challenge the constitutionality of the World War II  
               internment orders.  It was not until 1984 that the U.S.  
               District Court in San Francisco formally vacated Mr.  
               Korematsu's conviction.  The federal Civil Liberties Act  
               of 1988 later recognized the grave injustice done by the  
               forced relocation and incarceration of civilians during  
               World War II.  In 1998, Mr. Korematsu was awarded the  
               Presidential Medal of Freedom for his life-long efforts  
               to speak out in favor of the protection of  
               constitutional rights and civil liberties.  

           2)   Committee process  .  This bill, along with AB 2412 and  
               the other "Days of Significance" bills heard earlier  
               this year, raises a question about whether there should  
               be criteria for determining special days of significance  
               in the public schools.  To avoid the potential  
               proliferation of special recognition days the Committee  
               may wish to consider adopting a policy for considering  
               measures proposing special days of significance.   
               Alternatively, the Legislature could statutorily  
               delegate the authority to approve special days of  
               significance in the public schools to the State Board of  
               Education who could review such proposals for  
               consistency with the state's academic content standards  
               and curriculum frameworks.  Staff recommends that the  
               Committee discuss this.  

           3)   Related and prior legislation

           SB 1256 (Hancock) designates January 23 of each year as Ed  
               Roberts Day to be a day of special significance in  
               public schools and educational institutions.  This bill  
               was passed by this Committee with an 8-0 vote, March 24,  
               2010.  

          SB 944 (Runner) designates February 6 of each year as Ronald  
               Reagan Day to be a day of special significance in public  
               schools and educational institutions.  This bill was  
               passed by this Committee on a 7-0 vote on March 24,  
               2010.  

          AB 2412 (Tran) also designates February 6 of each year as  
               Ronald Reagan Day to be a day of special significance in  
               public schools and educational institutions.  This bill  
               is scheduled to be heard by this Committee on June 30,  



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               2010.  

          SB 572 (Leno, Chapter 626, Statutes of 2009) designates May  
               22 of each year as "Harvey Milk Day" as a day of special  
               significance in public schools and educational  
               institutions.  This measure was passed by this Committee  
               on a 7-2 vote.

          AB 264 (Cook) encouraged schools to conduct exercises on  
               March 30 of each year to recognize the contributions of  
               those involved in the Vietnam conflict.  This bill was  
               passed by this Committee on a 7-0 vote and was later  
               vetoed by the Governor because the measure did not  
               address the need for comprehensive changes in state  
               policy on water, energy and corrections.  

          AB 717 (Cook, Chapter 158, Statutes of 2009) required the  
               Governor to proclaim March 30 of each year as "Welcome  
               Home Vietnam Veterans' Day" and encouraged schools to  
               conduct exercises on March 30 of each year to recognize  
               the contributions of those involved in the Vietnam  
               conflict.  

           SUPPORT
           
          American Civil Liberties Union
          American-Arab Anti-Discrimination Committee
          Angel Island Immigration Station Foundation
          Anti-Defamation League, California
          Asian American Bar Association
          Asian American Justice Center
          Asian Law Caucus
          Asian Pacific American Bar Association
          Asian Pacific American Legal Center
          Asian Pacific Bar Association of Sacramento
          Asian Pacific Bar Association of Silicon Valley
          Asian Pacific Law Student Association, Thomas Jefferson  
          School of Law
          California State University
          Chinese for Affirmative Action
          Council on American Islamic Relations
          Delores Huerta Foundation
          Equal Justice Society
          Filipino American Lawyers of San Diego
          Filipino Bar Association of Northern California
          Fred T. Korematsu Discovery Academy, Oakland Unified School  
          District



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          Go for Broke National Education Center
          Japanese American Bar Association
          Japanese American Citizens League
          Japanese American Citizens League Pacific Southwest District
          Japanese American Citizens League Watsonville-Santa Cruz  
          Chapter
          Japanese American Museum of San Jose
          Japanese American National Museum
          Japanese Cultural and Community Center of Northern California
          Korean American Bar Association
          Korematsu Institute for Civil Rights and Education
          Lawyers' Committee for Civil Rights of the San Francisco Bay  
          Area
          Letters from individuals
          Muslim Pacific Public Affairs Council
          National Asian Pacific American Bar Association
          Orange County Asian American Bar Association
          Organization of Chinese Americans
          Organization of Chinese Americans - Greater Los Angeles
          Organization of Chinese Americans - Orange County
          Organization of Chinese Americans - Silicon Valley Chapter
          Pan Asian Lawyers of San Diego
          Philippine American Bar Association of Los Angeles
          San Francisco Japanese American Citizens League
          San Leandro Unified School District
          Sikh American Legal Defense and Education Fund 
          Sikh Coalition
          South Asian Bar Association of Northern California
          Southwest Center for Asian Pacific American Law
          Ventura County Asian American Bar Association

           OPPOSITION
           
          None received.