BILL ANALYSIS Ó AB 146 Page 1 Date of Hearing: March 25, 2015 ASSEMBLY COMMITTEE ON EDUCATION Patrick O'Donnell, Chair AB 146 (Cristina Garcia) - As Amended February 25, 2015 SUBJECT: Pupil instruction: social sciences: deportations to Mexico SUMMARY: This bill requires the State Board of Education to consider including content on the deportation of citizens and lawful permanent residents of the U.S. to Mexico during the Great Depression in the next revision of the history-social science framework and related materials. Specifically, this bill: 1)Requires the State Board of Education, in the next revision of the history-social science framework after January 1, 2016, to consider providing for the inclusion in that framework, evaluation criteria, and accompanying instructional materials, instruction on the deportation to Mexico during the Great Depression of citizens and lawful permanent residents of the United States. 2)Encourages the Department of Education to incorporate into publications that provide examples of curriculum resources, age-appropriate materials that include the topic of the deportation of citizens and lawful permanent residents of the U.S. to Mexico during the Great Depression. AB 146 Page 2 3)Encourages the incorporation of oral testimony into the teaching of the deportation of citizens and lawful permanent residents of the U.S. to Mexico during the Great Depression. 4)Encourages state and local professional development activities to provide teachers with content background and resources to assist them in teaching about the deportation of citizens and lawful permanent residents of the U.S. to Mexico during the Great Depression. EXISTING LAW: 1)Establishes the Instructional Quality Commission (formerly called the Curriculum Development and Supplemental Materials Commission) as an advisory body to the State Board of Education on matters related to curriculum, instructional materials, and content standards. 2)Requires the Instructional Quality Commission (IQC) to consider incorporating into the history-social science framework content on specific historical events, including the Armenian, Cambodian, Darfur, and Rwandan genocides and the Great Irish Famine of 1845-1850. 3)Encourages the Department of Education to incorporate into publications that provide examples of curriculum resources, age-appropriate materials on the Armenian, Cambodian, Darfur, and Rwandan genocides. 4)Encourages the incorporation of survivor, rescuer, liberator, and witness oral testimony into the teaching of human rights, AB 146 Page 3 the Holocaust, and genocide. 5)Encourages state and local professional development activities to provide teachers with content background and resources to assist them in teaching about civil rights, human rights violations, genocide, slavery, and the Holocaust. FISCAL EFFECT: Unknown COMMENTS: Curriculum, standards, frameworks, and model curricula. California's public school curriculum is based on content standards in various subjects, including English-Language Arts, Mathematics, Science, History-Social Science, Physical Education, English Language Development, Career Technical Education, Health Education, World Languages, and Visual and Performing Arts. These standards are developed by the IQC through a public process, and adopted by the State Board of Education. The IQC sets standards form the basis of California's curriculum frameworks, documents which guide the implementation of these standards. The frameworks establish criteria used to evaluate instructional materials. These criteria are used to select, through the state adoption process, instructional materials for kindergarten through grade eight. Frameworks also guide district selection of instructional materials for grades nine through twelve. Origin of this bill. This bill was the winning proposal in a legislative proposal competition sponsored by the author. It was submitted by a 5th grade class at Bell Gardens Elementary AB 146 Page 4 School. Deportation of Mexican Americans and Mexicans during the Great Depression. The historical event identified by this bill is described by the Library of Congress in its resource materials for teachers as follows: The Great Depression of the 1930s hit Mexican immigrants especially hard. Along with the job crisis and food shortages that affected all U.S. workers, Mexicans and Mexican Americans had to face an additional threat: deportation. As unemployment swept the U.S., hostility to immigrant workers grew, and the government began a program of repatriating immigrants to Mexico. Immigrants were offered free train rides to Mexico, and some went voluntarily, but many were either tricked or coerced into repatriation, and some U.S. citizens were deported simply on suspicion of being Mexican. All in all, hundreds of thousands of Mexican immigrants, especially farmworkers, were sent out of the country during the 1930s--many of them the same workers who had been eagerly recruited a decade before.<1> Draft History-Social Science Framework revision includes references to this event. The draft revision to the History-Social Science Framework released in September, 2014 includes some references to this event. In the chapter of course descriptions for grades Kindergarten --------------------------- <1> Immigration: Depression and the Struggle for Survival. Library of Congress. Retrieved March 17, 2015, from http://www.loc.gov/teachers/classroommaterials/presentationsandac tivities/presentations/immigration/mexican6.html AB 146 Page 5 through Grade Five, the following reference is included in a section on Modern California: "Students can also learn about other important events in California's civil rights history, such as ? the forced repatriation of Mexicans and Mexican Americans to Mexico that took place during the Great Depression." One novel for elementary grade students on the CDE's Recommended Literature list, Esperanza Rising (Pam Munoz Ryan, 2000) also includes content on this topic. In the chapter of course descriptions for grades nine through twelve, the following reference is made in a section on the Great Depression: "The economic crisis also led to the Mexican Repatriation Program, in which the Secretary of Labor directed government agents to force nearly 400,000 Mexican migrants (both legal and illegal) out of the country." History-social science framework adoption delayed. The History-Social Science standards currently in use were adopted in 1998, and the most recent framework was published in 2005. The Curriculum Commission (now the IQC) began work revising the History-Social Science Framework in January of 2008. A significant amount of the process had been completed (focus groups, selection of evaluation criteria committee members, five drafting meetings) when in 2009 the state's fiscal emergency led to a statutory suspension (Chapter 2, Statutes of 2009, Fourth Extraordinary Session) of instructional materials adoptions and framework revisions until the 2013-14 school year. That suspension was later extended until the 2015-16 school year (Chapter 7, Statutes of 2011). The IQC began work again on the revision in July, 2014, and AB 146 Page 6 released the draft History-Social Science framework for field review in September, 2014. The draft generated extensive public comment it generated (nearly 700 comments). The IQC also determined that more subject matter expertise was needed certain areas (including some mandated for inclusion by legislation), and submitted a budget request for $124,000 to hire experts through an interagency agreement. These events have caused significant delays in the production of the revised framework. Originally scheduled for adoption in May, 2015, this framework is now set to be recommended to the State Board by March 2016, with final publication in fall, 2016. Prior legislation. SB 1575 (Dunn) of the 2005-06 Session was substantively similar to this bill and was vetoed by the Governor. SB 551 (Cedillo) of the 2007-08 Session was also similar and was held in the Senate Appropriations Committee. Both proposed to add the topic of Mexican American deportation to the required course of study for grades 1-12. SB 1214 (Cedillo), also of the 2007-08 Session proposed similar requirements. That bill was vetoed by Governor Schwarzenegger, who stated: I vetoed a substantively similar bill two years ago on this issue, and I have consistently vetoed legislation that has attempted to mandate specific details or events into areas of instruction. The State Board of Education adopted content standards are developed by a diverse group of experts and are intentionally broad in order to allow coverage of various events, developments, and issues. I continue to believe that the State should establish rigorous standards and frameworks, but refrain from being overly prescriptive in specific school curriculum. View of this Committee on curriculum mandates. It has been the AB 146 Page 7 view of this Committee that bills which seek to mandate the inclusion of specific historical events in state curricula should be amended to instead "require consideration" or "encourage consideration" of these topics, and that this occur at the next scheduled revision of a framework. This has reflected the view of the Committee that matters of curriculum are the purview of the agencies named in statute as responsible for developing and adopting state curriculum (the Instructional Quality Commission and the State Board of Education). The Committee has recognized that these agencies engage in an extensive and public process, employing expertise in matters of content and instruction. Staff recommends that this remain the view of this Committee, and notes that this bill meets those criteria. The Committee may wish to consider that, even given this policy, the increasing number of statutory requirements on the IQC, particularly in the area of History-Social Science, has resulted in significant delays in needed revisions as well as increased costs to the state. Questions the Committee may wish to consider: 1)Outside of setting broad requirements such as courses of study, are matters of curriculum most appropriately decided by the Legislature or the IQC and the State Board of Education? 2)Are statutory curriculum requirements causing delays the process of developing and revising curricula? 3)Are statutory curriculum requirements resulting in increased costs to the state? REGISTERED SUPPORT / OPPOSITION: AB 146 Page 8 Support American Federation of State, County and Municipal Employees California Communities United Institute California Immigrant Policy Center California Teachers Association Council of Mexican Federations Montebello Unified School District Opposition California Right to Life Committee, Inc. Analysis Prepared by:Tanya Lieberman / ED. / (916) 319-2087 AB 146 Page 9