BILL ANALYSIS Ķ
SB 48
Page 1
SENATE THIRD READING
SB 48 (Leno)
As Amended March 29, 2011
Majority vote
SENATE VOTE :23-14
EDUCATION 7-4
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|Ayes:|Brownley, Ammiano, | | |
| |Buchanan, Butler, Carter, | | |
| |Eng, Williams | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Norby, Beth Gaines, | | |
| |Morrell, Wagner | | |
| | | | |
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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
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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
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.
FISCAL EFFECT : This bill is keyed non-fiscal by the Legislative
Counsel.
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
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
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portrayed adversely in instructional materials.
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 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. 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.
Due to the fiscal challenges of the state, the current framework
development and instructional materials adoption activities have
been suspended until the 2015-16 fiscal year. Thus it will be
several years before new instructional materials for
kindergarten and grades 1-8, inclusive, are adopted.
Arguments in support: Equality California, the sponsor of the
bill writes, "Lesbian, gay, bisexual, and transgender students
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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
institution. In addition, Education Code section
60045, subdivision (a), provides that all
instructional materials shall be accurate, objective,
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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.
Analysis Prepared by : Marisol Aviņa / ED. / (916) 319-2087
FN: 0001367