BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Alan Lowenthal, Chair 2011-2012 Regular Session BILL NO: SB 993 AUTHOR: De Leon AMENDED: March 8, 2012 FISCAL COMM: No HEARING DATE: April 11, 2012 URGENCY: No CONSULTANT:Lynn Lorber SUBJECT : Instruction on the Bracero program. SUMMARY This bill authorizes social science instruction to include instruction on the Bracero program. BACKGROUND Academic content standards define the knowledge, concepts, and skills that pupils should acquire at each grade level. Curricular frameworks are the blueprint for implementing the standards, and include criteria by which instructional materials are evaluated. The processes for reviewing frameworks and adopting instructional materials have been suspended since July 28, 2009. The State Board of Education (SBE) is specifically prohibited from reviewing frameworks and adopting instructional materials until the 2015-16 school year. (Education Code § 60200.7) The history-social science framework was last adopted in 2005. A review of this framework was underway and nearly complete when the state suspended the process due to budget constraints. The draft framework for grade 11 includes information about agricultural labor provided by immigrants who came through the Bracero program. Current law: 1) Authorizes instruction in social science for grades 7-12 to include instruction on World War II and the American role in that war. (EC § 51221.3(a)) SB 993 Page 2 2) Encourages instruction in social science for grades 7-12 to include the role of Filipinos in World War II. (EC § 51221.3.(c)) 3) Encourages instruction in social science for grades 7-12 to include instruction on the Vietnam war including the "Secret War" in Laos and the role of Southeast Asians in that war. (EC § 51221.4) ANALYSIS This bill authorizes social science instruction to include instruction on the Bracero program. Specifically, this bill: 1) Authorizes instruction in social science for grades 7-12 to include instruction on the Bracero program. 2) Authorizes this instruction to include a component drawn from personal testimony, especially in the form of oral or video histories of individuals who were involved with the Bracero program. Oral histories may do all of the following: a) Exemplify the economic and cultural effects of the Bracero program during and after World War II, including its effects on the railroad system, agriculture, and immigration in the United States. b) Contain the views and comments of their subjects regarding the reasons for their participation in the Bracero program and their immigrant story, generally. 3) States that this bill is to be implemented in a way that does not result in new duties or programs being imposed on school districts, and declares that this bill does not mandate costs to local agencies or school districts, and that materials used to comply with this bill be part of normal curriculum materials purchased by school districts in their normal course of business and purchasing cycles. STAFF COMMENTS 1) Need for the bill . According to the author, "The history SB 993 Page 3 of the Bracero program has been frequently overlooked and it is rarely taught in California public schools. The Bracero program was a guest worker program set up through a series of bilateral agreements between the United States and Mexico that was intended to fill the shortage of American labor during the war years. Established in 1942, the program continued in the post-WWII years because of the demand for labor in the agriculture business and the railroad maintenance system. The program helped the US economy flourish, though it was criticized for the mistreatment of Mexican workers, especially because in many instances Braceros were never paid their due wages. The program also marked a turning point in Mexican immigration to the US by influencing unauthorized immigration trends. Given the impact of immigration on this state, it is important for students to have a historical understanding of the immigration trends that have come to shape California's demographics and economy." 2) Unnecessary but not unprecedented . This bill authorizes an action that can already be undertaken under existing law; however, this Committee has passed similar legislation that has ultimately become law. 3) Update of History-Social Science framework was underway . The Curriculum Commission approved the draft update of this framework for field review on July 17, 2009. However, suspension of the framework and instructional material processes was implemented beginning July 28, 2009, meaning that no actual field review or online survey has occurred for this framework. According to the California Department of Education (CDE) the revision of the history-social science framework can be completed for approximately $30,000. Many stakeholders and ethnic groups support the resumption of this process because the updated frameworks are a culmination of months of research and negotiations. The updated framework includes information relative to the role of Sikhs and Korean Americans, among others. 4) Already in new draft framework ? The existing history-social science framework (adopted in 2005) includes information about Cesar Chavez and the United Farm Workers but does not specifically mention the Bracero program. The new draft framework does include the Bracero program but only in grade 11. This bill does not require the SB 993 Page 4 history-social science framework to include information about the Bracero program, nor would the contents of the draft framework necessarily be affected by this bill. The framework provides guidance to teachers, as well as to publishers relative to the development of instructional materials. This bill authorizes instruction for which the framework may not provide guidance nor would it necessarily be included in instructional materials. 5) Related legislation . SB 1540 (Hancock) requires the State Board of Education to consider, by June 30, 2014, the adoption of a history-social science framework. SB 1540 passed this Committee on March 28, 2012, on an 8-0 vote, and is currently pending in the Senate Appropriations Committee. SB 1080 (Lieu) provides that instruction in economics may include instruction related to personal finances and would require the California Department of Education to develop a personal finances curriculum in the next adoption cycle of the mathematics and history-social science curriculum frameworks. SB 1080 passed this Committee on March 28, 2012, on a 9-0 vote and is currently pending in the Senate Appropriations Committee. SB 994 (Vargas) states legislative intent relative to expanding instruction in California Latino history. SB 994 is pending in the Senate Rules Committee. SB 1325 (Wyland) requires the Superintendent of Public Instruction and the SBE to consider methods for enhancing pupil knowledge of, and pride in, our history and form of government and for increasing civic participation, including developing new curriculum frameworks and standards, if necessary. SB 1325 is pending in the Senate Rules Committee. AB 580 (Davis) requires instruction on the role and contributions of people of all races, colors, genders, sexual orientations, national origins, religions and marital status to include updated references. AB 580 is pending in the Senate Rules Committee. AB 1756 (Knight) authorizes schools to elect not to provide social science instruction on the role and contributions of lesbian, gay, bisexual and transgender Americans. AB 1756 SB 993 Page 5 is pending in the Assembly Education Committee. AB 2546 (Donnelly) recasts existing provisions relative to instruction on the role and contributions of people with specified characteristics to exclude mention of sexual orientation, and instead require, among other things, the study of a person in social science instruction to be accurate and based solely on historical significance rather than membership in a protected class. AB 2546 is pending in the Assembly Education Committee. 6) Prior legislation . SB 48 (Leno, Chapter 81, 2011) requires instruction in social science to include the role and contributions of lesbian, gay, bisexual and transgender Americans. SB 300 (Hancock, Chapter 624, 2011), at one time included provisions relative to the completion of the history-social science framework. The final version of SB 300 requires the SBE to adopt revised standards in science. SB 1278 (Wyland, 2010) would have required the SBE to adopt a revised framework and evaluation criteria for history-social science in 2011. SB 1278 was held in the Assembly Appropriations Committee. AB 2069 (Carter, 2010) would have required the SBE to adopt a revised framework and evaluation criteria for history-social science by July 1, 2011. AB 2069 was held in the Assembly Appropriations Committee. SUPPORT American Federation of State, County and Municipal Employees Asociacion de Loncheros LA Familia Unida de California Asociacion Retalteca California Immigrant Policy Center California-Mexico Studies Center Casa De La Cultura Maya Coalition for Humane Immigrant Rights of Los Angeles Consejo Binacional de Organizaciones Comunitarias, Inc. Federacion Chihuahua Fraternidad Cotzumalguapa Los Angeles Produce Market Association Mexican Cultural Institute of Los Angeles National Association of Social Workers, California Chapter SB 993 Page 6 SIATech Union de Guatemaltecos Emigrantes Universidad de Colima An individual OPPOSITION None on file.