BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1451|
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                              UNFINISHED BUSINESS


          Bill No:  SB 1451
          Author:   Yee (D)
          Amended:  8/19/10
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  8-0, 4/21/10
          AYES:  Romero, Huff, Alquist, Hancock, Liu, Price,  
            Simitian, Wyland
          NO VOTE RECORDED:  Maldonado

           SENATE APPROPRIATIONS COMMITTEE  :  6-3, 5/17/10
          AYES:  Kehoe, Alquist, Corbett, Leno, Wolk, Yee
          NOES:  Cox, Denham, Walters
          NO VOTE RECORDED:  Price, Wyland

           SENATE FLOOR  :  25-5, 5/28/10
          AYES:  Alquist, Calderon, Cedillo, Corbett, Correa,  
            DeSaulnier, Ducheny, Florez, Hancock, Huff, Kehoe, Leno,  
            Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Price,  
            Romero, Simitian, Steinberg, Wolk, Wright, Wyland, Yee
          NOES:  Ashburn, Dutton, Hollingsworth, Runner, Strickland
          NO VOTE RECORDED:  Aanestad, Cogdill, Cox, Denham, Harman,  
            Oropeza, Walters, Wiggins, Vacancy, Vacancy

           ASSEMBLY FLOOR  :  50-28, 8/30/10 - See last page for vote


           SUBJECT  :    Education:  instructional materials

           SOURCE  :     Author


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           DIGEST  :    This bill requires the State Board of Education  
          to (1) notify the Chairperson of the Assembly Education  
          Committee and the Chairperson of the Senate Education  
          Committee, and the Secretary for Education, of content it  
          interprets as a result of changes to the Texas  
          Administrative Code, and (2) to ensure that the next  
          revision of the history-social science curriculum is  
          consistent with provisions governing instructional  
          materials.

           Assembly Amendments  (1) revise language requiring  
          notification by the State Board of Education to the  
          Chairpersons of the Senate and Assembly Education  
          Committees and the Secretary for Education to be done once  
          per year during years in which social content reviews are  
          conducted, (2) add a provision requiring school districts  
          to ensure that the content of instructional materials  
          adopted for use in grades 9 to 12, inclusive, are  
          consistent with provisions governing the content of  
          instructional materials, and (3) make minor technical  
          changes.

           ANALYSIS  :    Existing law requires that the State Board of  
          Education (SBE) must adopt regulations to govern the social  
          content reviews, as specified, conducted at the request of  
          a publisher or manufacturer of instructional materials  
          outside the primary and follow-up instructional material  
          adoption process.

          Existing law requires instructional materials to accurately  
          portray:

          1.The cultural and racial diversity of our society.

          2.The protection of ecological systems and the harm caused  
            by tobacco, alcohol and drugs.

          Existing law requires instructional materials to include:

          1.The contributions of men, women, and ethnic groups to the  
            development of the state and nation.

          2.The Declaration of Independence and the Constitution of  
            the United States.

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          3.Dr. Martin Luther King, Jr., and the civil rights  
            movement.

          Existing law requires instructional materials to impress  
          upon the minds of certain pupils American principles, and  
          encourage thrift, fire prevention and the humane treatment  
          of animals and people.

          Existing law prohibits school districts from adopting  
          instructional materials that:

          1.In the determination of the school district, contains:

             A.    Any matter reflecting adversely upon people due to  
                race, color, creed, national origin, ancestry, sex,  
                handicap, or occupation.

             B.    Any sectarian, or denominational doctrine or  
                propaganda contrary to law.

          2.Provides any exposure to commercial brand name, product,  
            or corporate or company logo that is inconsistent with  
            the guidelines or frameworks adopted by the SBE.

          This bill:

          1.Requires the SBE to inform the Chairperson of the  
            Assembly Education Committee, the Chairperson of the  
            Senate Education Committee, and the Secretary for  
            Education of content that interprets is the result of  
            changes to the Texas Administrative Code, that were  
            approved on May 21, 2010, once per year during the years  
            in which social content reviews are conducted pursuant to  
            this bill.

          2.Requires the SBE, upon the next adoption of the  
            history-social science framework, to ensure the framework  
            is consistent with the following requirements in existing  
            law:

             A.    Instruction of social sciences must include the  
                early history of California and a study of the role  
                and contributions of both men and women, Black  

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                Americans, American Indians, Mexicans, Asians,  
                Pacific Island people, and other ethnic groups to the  
                economic, political, and social development of  
                California and the United States of America, with  
                particular emphasis on portraying the roles of these  
                groups in contemporary society.

             B.    Instructional materials used in schools must  
                accurately portray the cultural and racial diversity  
                of our society, including the contributions of both  
                men and women in all types of roles, including  
                professional, vocational, and executive roles, as  
                well as 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, and  
                finally, the role and contributions of the  
                entrepreneur and labor in the total development of  
                California and the United States.

             C.    Instructional materials must be designed to  
                impress upon the minds of the pupils the principles  
                of morality, truth, justice, patriotism, and a true  
                comprehension of the rights, duties, and dignity of  
                American citizenship, and to instruct them in manners  
                and morals and the principles of a free government.

             D.    Instructional materials in social studies must  
                include information designed to instruct pupils on  
                Dr. Martin Luther King, Jr., the civil rights  
                movement, and contributions made by ethnic minority  
                groups to the history of the United States.

          3.Requires school districts to ensure that the content of  
            instructional materials adopted for use in grades 9 to 12  
            inclusive, is consistent with provisions governing the  
            content of instructional materials in existing law.

          4.Extend the sunset date on existing law which provides  
            that the SBE must adopt regulations to govern the social  
            content reviews, as specified, conducted at the request  
            of the publisher or manufacturer of instructional  
            materials outside the primary and follow-up instructional  

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            material adoption process from 1/1/11 to 1/1/16.

           Comments

           This bill seeks to ensure that the revisions of Texas'  
          Essential Knowledge and Skills for Social Studies do not  
          influence the content of California textbooks by requiring  
          the SBE to ensure that the next revision of the  
          history-social science framework is consistent with  
          existing requirements pertaining to social content and  
          annually report to the Legislature if it finds contents  
          that it interprets to be a result of Texas' revised  
          standards in social studies.

           What Changes are Proposed for the Social Studies Curriculum  
          in Texas  ?  The Texas Board of Education has proposed  
          changes to the social studies curriculum that a majority of  
          the board sees as moving away from a liberal bias; others  
          believe the proposed changes insert a conservative bias.   
          (NOTE:  For examples of proposed changes, please see Senate  
          Education Committee analysis.)

           California's Instructional Material Adoption Process  .   
          California is among 20 states that utilize a state-level  
          process to select instructional materials, including Texas.  
           As such, California formally adopts a list of approved  
          instructional materials for use in kindergarten and grades  
          one to eight (K-8), inclusive, and districts must purchase  
          materials from this list.  The Legislative Analyst's Office  
          and textbook publishers have suggested that California's  
          framework and instructional material adoption process has  
          produced strict and complex pathways to implementing  
          curriculum changes in the state, and it should be noted  
          that the process includes a legal compliance review of  
          social content.  Publishers are required to base their  
          instructional materials on frameworks and other evaluation  
          criteria that specify instructional approaches, among a  
          number of other factors.

          California does, however, utilize a local-selection process  
          at the high school level, enabling districts to purchase  
          materials not on the state list, though materials must  
          still abide by various guidelines.  Districts conduct  
          social content reviews of instructional materials adopted  

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          at the local level and are not required to utilize the  
          state process.  This bill includes a requirement that  
          school districts ensure that the content of instructional  
          materials adopted also comply with the accurate social  
          content requirements in current law.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions             2010-11             2011-12          
              2013-14              Fund

           Reporting                                      $60, offset  
          by fees                             Fees*

           SUPPORT  :   (Verified  8/30/10)

          San Francisco Unified School District 
          American Civil Liberties Union 

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          the Texas Board of Education recently voted to adopt  
          revisions to the social studies curriculum that are "a  
          sharp departure from widely accepted historical teachings  
          that are driven by an inappropriate ideological desire to  
          influence academic content standards for children in public  
          schools.  Although not yet formally adopted, it is widely  
          presumed that the proposed changes to Texas' social studies  
          curriculum will have a national impact on the textbook  
          content since Texas is the second largest purchaser of  
          textbooks in the United States, second only to California."


           ASSEMBLY FLOOR  : 
          AYES:  Ammiano, Arambula, Bass, Beall, Block, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Charles  
            Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De  
            Leon, Eng, Evans, Feuer, Fong, Fuentes, Furutani,  
            Galgiani, Gatto, Hall, Hayashi, Hernandez, Hill, Huffman,  
            Jones, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning,  

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            Nava, V. Manuel Perez, Portantino, Ruskin, Salas,  
            Saldana, Skinner, Solorio, Swanson, Torlakson, Torres,  
            Torrico, Yamada, John A. Perez
          NOES:  Adams, Anderson, Bill Berryhill, Tom Berryhill,  
            Conway, Cook, DeVore, Fletcher, Fuller, Gaines, Garrick,  
            Gilmore, Hagman, Harkey, Huber, Jeffries, Knight, Logue,  
            Miller, Nestande, Niello, Nielsen, Norby, Silva, Smyth,  
            Audra Strickland, Tran, Villines
          NO VOTE RECORDED:  Vacancy, Vacancy


          CPM:cm  8/31/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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