BILL ANALYSIS Ķ
SB 48
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Date of Hearing: June 22, 2011
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
SB 48 (Leno) - As Amended: March 29, 2011
SENATE VOTE : 23-14
SUBJECT : Instruction: prohibition of discriminatory content
SUMMARY : Adds lesbian, gay, bisexual and transgender (LGBT)
Americans, persons with disabilities and others to the list of
groups of people whose role and contributions shall be
accurately portrayed in instructional materials and included in
social science instruction, and adds sexual orientation and
religion to the list of characteristics that shall not be
reflected adversely in adopted instructional materials.
Specifically, this bill :
1)Adds LGBT Americans, European Americans, and persons with
disabilities to the list of groups of people whose role and
contributions to the economic, political, and social
development of California and the United States (U.S.) shall
be accurately portrayed in social science instruction and
instructional materials adopted by local governing boards.
2)Updates terminology in the relevant sections of the Education
Code to change "black Americans" to "African Americans,"
"Asians" to "Asian Americans," "Pacific Island People" to
"Pacific Islanders," "American Indians" to "Native Americans,"
and "Mexicans" to "Mexican Americans."
3)Lists the specific characteristics (already in statute by
reference) for which instruction and school sponsored
activities are currently prohibited from promoting a
discriminatory bias against.
4)Adds sexual orientation and religion to the list of
characteristics that shall not be reflected adversely in
adopted instructional materials, and prohibits the State Board
of Education (SBE) and any school district from adopting
textbooks or other instructional materials that contain any
matter reflecting adversely upon persons on the basis of such
protected characteristics and updates the terminology
consistent with the listed characteristics in the Education
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and Penal Codes.
5)States legislative intent that alternative and charter schools
take notice of this bill and another section of the Education
Code, which prohibits discrimination on the basis of
disability, gender, nationality, race or ethnicity, religion,
sexual orientation, or other specified characteristics in any
aspect of the operation of alternative and charter schools.
EXISTING LAW :
1)Prohibits any person from being subjected to discrimination on
the basis of disability, gender, nationality, race or
ethnicity, religion, sexual orientation, or any other
characteristic that is contained in the definition of hate
crimes in the Penal Code, in any program or activity conducted
by an educational institution that receives, or benefits from,
state financial assistance or enrolls pupils who receive state
student financial aid.
2)Defines "hate crime" as a criminal act committed, in whole or
in part, because of one or more of the following actual or
perceived characteristics of the victim: disability, gender,
nationality, race or ethnicity, religion, sexual orientation,
or association with a person or group with one or more of
these actual or perceived characteristics (Penal Code 422.55).
3)Prohibits discrimination on the basis of the characteristics
listed in #1 in any aspect of the operation of alternative
schools or charter schools.
4)Prohibits a teacher from giving instruction and prohibits a
school district from sponsoring any activity that promotes a
discriminatory bias because of a characteristic listed in #1.
5)Requires instruction in social sciences to include the early
history of California and a study of the role and
contributions of both men and women, black Americans, American
Indians, Mexicans, Asians, Pacific Island people, and other
ethnic groups to the economic, political, and social
development of California and the U.S., with particular
emphasis on portraying the role of these groups in
contemporary society.
1)Prohibits any textbook, or other instructional materials, from
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being adopted by the State Board of Education or any school
district governing board which contains any matter reflecting
adversely upon people because of their race, sex, color,
creed, handicap, national origin, or ancestry.
2)Requires school district governing boards, when adopting
instructional materials, to include only materials which, in
their determination, accurately portray the cultural and
racial diversity of our society, including:
a) The contributions of both men and women in all types of
roles, including professional, vocational, and executive
roles;
b) The role and contributions of Native Americans, African
Americans, Mexican American, Asian Americans, European
Americans, and members of other ethnic and cultural groups
to the total development of California and the U.S.; and,
c) The role and contributions of the entrepreneur and labor
in the total development of California and the U.S.
3)Prohibits a school district governing board from adopting any
instructional materials which, in its determination, contains:
a) Any matter reflecting adversely upon people because of
their race, color, creed, national origin, ancestry, sex,
handicap, or occupation; or,
b) Any sectarian or denominational doctrine or propaganda
contrary to law.
FISCAL EFFECT : This bill is keyed non-fiscal.
COMMENTS : Existing law requires instruction in the social
sciences to include the historical role and contributions of men
and women, black Americans, American Indians, Mexicans, Asians,
Pacific Island people, and other ethnic groups to the economic,
political, and social development of California and the U.S.
Additionally, existing law requires that instructional materials
portray accurately and equitably the cultural and racial
diversity of our society, the contributions of minority groups
to the development of California and the U.S. These
requirements are intended to avoid stereotyping in instructional
materials by showing diverse people in positive roles
contributing to society.
This bill requires that social studies instruction also includes
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the historical contributions of LGBT Americans, European
Americans, and persons with disabilities to the economic,
political and social development of California and the U.S, and
requires governing boards, when adopting instructional
materials, to include only instructional materials, which in
their determination accurately portray the contributions of all
the referenced groups. In addition, this bill adds sexual
orientation and religion as characteristics that shall not be
portrayed adversely in instructional materials.
Equal representation in the curriculum : Instruction and
instructional materials that portray the various roles and
contributions of different ethnic and minority groups promote
understanding of the diversity of the state and recognizes the
accomplishments of all groups of people. Projecting such
diversity gives pupils pride in his or her roots and a sense of
equality of opportunity. Hence it can be argued that by
requiring instruction and textbooks to include the roles and
contributions of persons with disabilities and LGBT Americans,
this bill ensures equal representation of all people within the
curriculum. Additionally, supporters would argue that including
this content in the curriculum would also have the effect of
creating safer and more welcoming school environments.
The author states, "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."
A 2006 research brief by the California Safe Schools Coalition
titled, "LGBT Issues in the Curriculum Promotes School Safety,"
finds that students who learn about LGBT issues in the
curriculum feel safer and report fewer mean rumors or lies
spread about them, fewer reports of being made fun of because of
their looks or the way they talk, and less LGBT bullying at
school, thereby creating safer school climates. Lastly, the
research brief found that many school districts already include
LGBT issues in the curriculum and many are interested in doing
so. An argument could be made that by including the roles and
contributions of LGBT Americans in the social studies curriculum
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and prohibiting the adoption of instructional materials that
reflect adversely on LGBT Americans may help reduce school-based
harassment and bullying.
Status of curriculum frameworks and instructional material
adoptions : Due to the fiscal challenges of the state, the
current framework development and instructional materials
adoption activities have been suspended. AB 2 X4 Chapter 2,
Statutes of 2009-10, Fourth Extraordinary Session suspends the
requirement for the SBE to conduct any of the activities related
to the adoption of instructional materials for use in K-8
through the 2012-13 fiscal year, and for the 2008-09 to the
2012-13 fiscal years, inclusive, local educational agencies are
not required to purchase newly adopted instructional materials
within 24 months of adoption by the SBE. As part of the 2011
budget process, SB 70 (Committee on Budget and Fiscal Review),
Chapter 7, Statutes of 2011, extended the provisions of SB 2 X4
for two additional years, hence the framework development and
instructional materials adoption processes are suspended until
the 2015-16 fiscal year. Thus it will be several years before
new K-8 instructional materials are adopted.
The process of adopting instructional materials begins with the
review and update of the curriculum framework for a subject
area. This bill does not specifically require the inclusion of
LGBT in the history-social science (H/SS) framework, which is
the document used for the development of instructional
materials. However in conducting future social content reviews
of instructional materials, the SBE would have to ensure that
adopted instructional materials comply with these requirements.
Due to the suspension of instructional materials adoptions, the
state will not consider the adoption of any new instructional
materials until the 2015-16 school year, and this bill does not
require the adoption of new instructional materials prior to
this date.
Charter and alternative schools : Charter schools are not
required to purchase state-adopted instructional materials.
However in trying to ensure that the provisions of this bill
reach all public schools in the state, this bill states
legislative intent that alternative and charter schools take
notice of this bill and existing provisions that prohibit
discrimination on the basis of disability, gender, nationality,
race or ethnicity, religion, sexual orientation, or other
specified characteristics in any aspect of the operation of
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alternative and charter schools.
Arguments in support : Equality California, the sponsor of the
bill writes, "Lesbian, gay, bisexual, and transgender students
are an example of one group that is still vulnerable to
discrimination in instructional materials and school activities.
SB 48 would remedy this problem by adding coverage for sexual
orientation and gender identity, consistent with other laws
prohibiting discrimination such as the Fair Employment and
Housing Act and the Unruh Civil Rights Act."
Arguments in opposition : Lighthouse Baptist Church writes, "At a
time when our state lacks dollars to pay for the current needs
in education, this legislature is actually considering adding
more financial burden on schools to pay for new textbooks that
will teach so-called 'gay history!'"
Previous legislation : SB 1437 (Kuehl) of 2006, a very similar
bill, prohibited instruction or the adoption of any
instructional materials that reflect adversely on persons
because of their sexual orientation. SB 1437 was vetoed by then
Governor Schwarzenegger with the following veto message:
No teacher or textbook in our schools should ever
intentionally demean or disparage any group in our
society, including discrimination based on sexual
orientation.
I am vetoing Senate Bill 1437 because this bill
attempts to offer vague protection when current law
already provides clear protection against
discrimination in our schools based on sexual
orientation.
Education Code section 200 referring to Penal Code
section 422.55 governing hate crimes, provides that It
is the policy of the State of California to afford all
persons in the public schools, equal rights and
opportunities in our state educational institutions,
regardless of their sex, ethnic group, race, national
origin, religion, disability and sexual orientation.
Education Code section 220 expands the protection of
section 200, prohibiting such discrimination in any
program or activity conducted by an educational
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institution. In addition, Education Code section
60045, subdivision (a), provides that all
instructional materials shall be accurate, objective,
and current and suited to the needs and comprehension
of pupils at their respective grade levels.
This protection specifically covers school programs,
activities, instruction and instructional materials. I
and this administration are firmly committed to the
vigorous enforcement of these protections.
SB 1437 deals exclusively with Education Code sections
51500, 51501, and 60044 prohibiting instruction,
materials and activities that reflect adversely on
persons. Not only is this term extremely vague, and
potentially confusing, but I am not aware of any
published case brought under these code sections in
which individuals within the protected classes have
successfully protected their rights under these
statutes. But courts have confirmed that individuals
in the protected classes can state a legal claim for
violation of education Code section 200 and 220.
Therefore, since the Education Code already
specifically protects against discrimination to groups
based on their sexual orientation and includes
programs, instructions and instructional materials. I
am vetoing this bill because the vagueness of the term
reflects adversely would not strengthen this important
area of legal protection from bias based on sexual
orientation.
SB 777 (Kuehl) Chapter 569, Statutes of 2007 revised the current
list of prohibited bases of discrimination and the kinds of
prohibited instruction, activities, and instructional materials
in the Education Code, and instead referred to the protected
characteristics contained in the definition of hate crimes in
the Penal Code. SB 777 also defined disability, gender,
nationality, race or ethnicity, religion, and sexual orientation
for this purpose.
AB 537 (Kuehl), Chapter 587, Statutes of 1999, established the
California Student Safety and Violence Prevention Act. AB 537
added the following two new forms of discrimination to the
existing prohibitions against discrimination and harassment in
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California public schools: actual or perceived sexual
orientation and actual or perceived gender.
REGISTERED SUPPORT / OPPOSITION :
Support
Equality California (Sponsor)
Adolescent Health Working Group
Anti-Defamation League
Arc and United Cerebral Palsy in California
Asian Americans for Civil Rights & Equality
California Communities United Institute
California Language Teachers Association
California State PTA
California Teachers Association
Californians for Disability Rights, Inc.
City of Oakland
City of West Hollywood
Disability Rights California
Gay-Straight Alliance Network
Lieutenant Governor Gavin Newsom
Los Angeles Unified School District
Our Family Coalition
Parents, Families and Friends of Lesbians and Gays National
San Francisco Unified School District
The Arc and United Cerebral Palsy
Many individuals
Opposition
California Catholic Conference, Inc.
Calvary Assembly of God
Calvary Chapel Foothill Ranch
Capitol Resource Family Impact
Catholics for the Common Good
Concerned Women for America of California
Faith Assembly of God
Granada Hills Community Church
Lighthouse Baptist Church
Rancho Christian Center
New Harvest Christian Fellowship
The Rock
Santa Maria Foursquare Church
Traditional Values
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Valley Life Free Church
Vina Community Church
Numerous individuals
Analysis Prepared by : Marisol Aviņa / ED. / (916) 319-2087