BILL ANALYSIS Ó SB 993 Page 1 Date of Hearing: June 27, 2012 ASSEMBLY COMMITTEE ON EDUCATION Julia Brownley, Chair SB 993 (De León) - As Amended: May 21, 2012 SENATE VOTE : 31-1 SUBJECT : School curriculum: social sciences: Bracero program SUMMARY : Authorizes social science instruction in grades 7-12, inclusive, to include instruction on the Bracero program. Specifically, this bill : 1)Provides that the instruction may 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, and stipulates that oral histories used as part of the instruction regarding the Bracero program may do all of the following: a) Exemplify the economic and cultural effects of the Bracero program during and after World War II, including, but not limited to, its effects on the railroad system, agriculture, and immigration in California and the United States of America (U.S.); and, b) Contain the views and comments of their subjects regarding the reasons for their participation in the Bracero program and their immigrant story, generally. 2)Requires this bill to be carried out in a manner that does not result in new duties or programs on a school district. 3)States that the Legislature finds and declares that this bill does not mandate costs to local agencies or school districts and that materials used to comply with this bill shall be part of normal curriculum materials purchased by school districts in their normal course of business and purchasing cycles. EXISTING LAW : 1)Requires the adopted course of study for grades 7 to 12, inclusive, to include instruction in social sciences, drawing upon the disciplines of anthropology, economics, geography, SB 993 Page 2 history, political science, psychology, and sociology, designed to fit the maturity of the pupils. (Education Code Section (EC) 51220) 2)Requires social studies instruction to provide a foundation for understanding the history, resources, development, and government of California and the U.S.; instruction in our American legal system, the operation of the juvenile and adult criminal justice systems, and the rights and duties of citizens under the criminal and civil law and the State and Federal Constitutions; the development of the American economic system, including the role of the entrepreneur and labor; the relations of persons to their human and natural environment; eastern and western cultures and civilizations; human rights issues, with particular attention to the study of the inhumanity of genocide, slavery, and the Holocaust, and contemporary issues. (EC 51220) 3)Authorizes social studies instruction to include instruction on World War II and the roles of Americans and Filipinos in that war, and encourages this instruction to include, but not be limited to, a component drawn from personal testimony, especially in the form of oral or video histories, if available, of American and Filipino soldiers who were involved in World War II and those men and women who contributed to the war effort on the homefront. (EC 51221.3) 4)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, Native Americans, African Americans, Mexican Americans, Asian Americans, Pacific Islanders, European Americans, lesbian, gay, bisexual, and transgender (LGBT) Americans, persons with disabilities, and members of other ethnic and cultural 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. (EC 51204.5) 5)Requires instruction in the area of study of social sciences to provide a foundation for understanding the wise use of natural resources. (EC 51221) FISCAL EFFECT : This bill is keyed non-fiscal by the Legislative Counsel. SB 993 Page 3 COMMENTS : Current law specifies courses of study for pupils in grades 1-12, and also requires instruction on various specific topics. Within the social sciences, there are various specific requirements, including instruction on the early history of California and a study of the role and contributions of both men and women and various minority 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. The Legislature has previously passed measures requiring or encouraging instruction on specific subjects it deems important and noteworthy. Most recently, AB 199 (Ma & Cook), Chapter 607, Statutes of 2011, encouraged social studies instruction to include instruction on the role and contributions of Filipino Americans in the U.S. army in World War II. In a similar manner, this bill authorizes instruction in social studies to include instruction on the Bracero program. The Bracero program : The Bracero Program was a guest worker program that spanned the years of 1942-1964. The economic and social issues that resulted from the Great Depression and World War II compelled the U.S. to seek a source of inexpensive labor to meet its labor demands in both agriculture and railway maintenance. The U.S. and Mexican governments entered into a treaty to allow Mexican workers to enter the U.S. on a temporary basis in order to address the shortage of labor in the U.S. According to information provided by the author, "The program helped the U.S. economy flourish, though it was criticized for the mistreatment of Mexican workers, especially because in many instances Braceros were never paid their due wages." Curriculum frameworks : 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. The history-social science framework (H/SS) was last adopted in 2005, and a review and update of this framework was underway and nearly complete when the state suspended the process due to fiscal constraints. The 2010 draft of the H/SS framework includes in the grade 11 course descriptions a reference to the Bracero program. Specifically, it is included in the "Transformation of Post-World War II America" section of the framework and it states, in relevant part: SB 993 Page 4 "Meanwhile, immigration continued, especially to California, which depended upon agricultural labor provided by immigrants, particularly Mexicans, who continued to come through the Bracero Program. This 1942 government-sponsored program, designed primarily to replace interned Japanese-American farmers and native-born agricultural workers who were mobilizing for war with imported Mexican laborers, continued until 1964." This bill is consistent with the 2010 draft H/SS framework. Permissive bill : This bill does not require this instruction but rather authorizes it. Some may argue that this bill is unnecessary as districts currently have the discretion and flexibility to include this content in social studies instruction. However, others would argue that adding the permissive language gives districts the explicit authority to include this content and raises awareness as to the importance of these events and may encourage districts to integrate them into social studies instruction. The author further points out that the history of the Bracero Program has been frequently ignored and left out of school textbooks, despite the program's impact on the U.S. labor market during World War II and on immigration patterns in this country. Arguments in support : The National Association of Social Workers - California Chapter (NASW-CA) writes, "This bill would promote a critical and analytical understanding of the importance of the Bracero program in the United States and California, with the impact the Bracero Program had on the railroad system, agriculture and immigration. NASW-CA believes that supporting this bill, it would allow students to have a culturally competent and full education on the history of California." Related legislation : AB 1756 (Knight) eliminates the requirement for instruction in social sciences to include the early history of California and a study of the role and contributions of both men and women, Native Americans, African Americans, Mexican Americans, Asian Americans, Pacific Islanders, European Americans, LGBT Americans, persons with disabilities, and members of other ethnic and cultural groups, to the economic, political, and social development of California and the U.S., with particular emphasis on portraying the role of SB 993 Page 5 these groups in contemporary society, and instead makes these provisions permissive. AB 1756 failed passage in this Committee. SB 1540 (Hancock) requires the SBE to consider, by June 30, 2014, the adoption of a history-social science framework. SB 1540 passed this Committee on June 13, 2012, on an 8-0 vote, and is currently pending in the Assembly Appropriations Committee. SB 994 (Vargas) requires the CDE to establish the California Latino Curriculum Committee for the purpose of developing a California Latino curriculum for inclusion in the H/SS curriculum framework. SB 994 was held in the Senate Appropriations Committee. Previous legislation : AB 199 (Cook and Ma), Chapter 607, Statutes of 2011, encouraged social studies instruction to include instruction on the role and contributions of Filipino Americans in the U.S. army in World War II. HR 29 (Reyes) of 2001 resolved that September 29, 2001 be proclaimed Bracero Workers' Day and urged all Californians to observe Bracero Workers' Day by taking time to remember and honor the Bracero workers and their contributions to California. HR 29 was adopted by the Assembly Rules Committee. REGISTERED SUPPORT / OPPOSITION : Support American Federation of State, County and Municipal Employees Asociación de Loncheros L.A. Familia Unida de California Associacion Retalteca California Association for Bilingual Education California Immigrant Policy Center California-Mexico Studies Center, Inc. Californians Together Casa de la Cultura Maya City of Bell Gardens Coalition for Humane Immigrant Rights of Los Angeles Consejo Binacional de Organizaciones Cumunitarias Inc. Federacion Chihuahua Fraternidad Cotzumalguapa Los Angeles Produce Market Association Mexican Cultural Institute of Los Angeles SB 993 Page 6 National Association of Social Workers Schools for Integrated Academics and Technologies Union de Guatemaltecos Emigrantes Universidad de Colima Opposition None on file. Analysis Prepared by : Marisol Aviña / ED. / (916) 319-2087