BILL ANALYSIS                                                                                                                                                                                                    

                                                                     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  

          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  

          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 


          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  

          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  

          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


          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  


           Immigration: Depression and the Struggle for Survival. Library  
          of Congress. Retrieved March 17, 2015, from  


                                                                     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  

          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  

          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?



                                                                     AB 146

                                                                    Page  8


          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


          California Right to Life Committee, Inc.

          Analysis Prepared by:Tanya Lieberman / ED. / (916) 319-2087


                                                                     AB 146

                                                                    Page  9