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))





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          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 




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               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 




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               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 




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               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




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          SIATech
          Union de Guatemaltecos Emigrantes
          Universidad de Colima
          An individual

           OPPOSITION

           None on file.