BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:              AB 146              
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          |Author:    |Cristina Garcia                                      |
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          |Version:   |February 25, 2015                      Hearing Date: |
          |           |   July 1, 2015                                      |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Lynn Lorber                                          |
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          Subject:  Pupil instruction:  social sciences:  deportations to  
          Mexico

            SUMMARY
          
          This bill requires the State Board of Education (SBE) to  
          consider including instruction on the unconstitutional  
          deportation to Mexico during the Great Depression to the  
          history-social science framework.

            BACKGROUND
          
          Existing law:

          1)Establishes the Instructional Quality Commission (IQC),  
            formerly known as the Curriculum Commission, as an advisory  
            body to the SBE.  The IQC is responsible for recommending  
            curriculum frameworks to the SBE, developing criteria for the  
            evaluation of instructional materials, evaluate and recommend  
            adoption of instructional materials.  (Education Code § 33530  
            and § 60204)

          2)Prohibits the SBE from adopting instructional materials or  
            undertaking the work of the IQC until the 2015-16 school year.  
             (EC § 60200.7)

          3)Specifically authorizes the SBE to consider the adoption of a  
            revised curriculum framework and evaluation criteria for  
            history-social science.  (EC § 60200.8)








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          4)Requires 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 to 1850.   
            Existing law also encourages the California Department of  
            Education to incorporate into curriculum resources for  
            teachers, age-appropriate materials on the Armenian,  
            Cambodian, Darfur, and Rwandan genocides. (EC § 51226.3)

          5)Requires the IQC, whenever the history-social science  
            framework is revised, to do all of the following (as  
            appropriate and based on the subject matter of the course):

             a)   Receive input from civics learning experts for purposes  
               of integrating civics learning content, concepts and skills  
               with the standards.

             b)   Consider how civics and history instruction includes the  
               application of that content to develop the competence and  
               skills needed for civic engagement.

             c)   Ensure that voter education information is included in  
               the American government and civics curriculum at the high  
               school level.  

             d)   Ensure that specified historical documents are  
               incorporated into the framework.  (EC § 33540)

          6)States Legislative intent that when the history-social science  
            framework is revised after January 1, 2015, the Instructional  
            Quality Commission (IQC) consider whether and how to  
            incorporate the College, Career, and Civic Life Framework for  
            Social Studies State Standards into that framework.  (EC §  
            33540)

          7)Requires the IQC, during the next revision of the  
            history-social science framework, to consider including and  
            recommending for adoption by the State Board of Education  
            (SBE), instruction on the election of President Barack Obama  
            and the significance of the United States electing its first  
            African American President.  
            (EC § 33543)

            ANALYSIS








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          This bill requires the SBE to consider including instruction on  
          the unconstitutional deportation to Mexico during the Great  
          Depression to the history-social science framework.   
          Specifically, this bill:

       1)Requires the SBE, when it revises and adopts the curriculum  
            framework for history-social science after January 1, 2016, to  
            consider providing for the inclusion of instruction on the  
            unconstitutional deportation to Mexico during the Great  
            Depression of citizens and lawful permanent residents of the  
            United States into the history-social science framework,  
            evaluation criteria, and accompanying instructional materials.

       2)Expands existing law that encourages the California Department of  
            Education to incorporate into curriculum resources for  
            teachers, materials that deal with specified genocides, to  
            include the unconstitutional deportation to Mexico during the  
            Great Depression of citizens and lawful permanent residents of  
            the United States.

       3)Specifies that "human rights" and "human rights violations"  
            include the deportation to Mexico, in regards to existing law  
            that encourages the incorporation of testimony into  
            instruction and professional development activities. 

          STAFF COMMENTS
          
       1)Need for the bill.  According to the author, "In the past years,  
            similar legislation to require historical events such as the  
            Holocaust, Japanese internment camps and other human rights  
            violations are now included in our history-social science  
            textbooks.  In a state where 38% of the population is Latino,  
            our children should learn about an event where over 1 million  
            Mexican immigrants and Mexican Americans were  
            unconstitutionally deported to Mexico."

       2)Current revision of the history-social science framework.  The  
            revision to the history-social science framework was suspended  
            in July 2009, and subsequently 
            
            resumed in July 2014.  The draft revision was released for  
            field review in September 2014, is expected to be presented to  
            the SBE in November 2015, and expected to be adopted by the  








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            State Board of Education (SBE) in May 2016.  

            The draft generated extensive public comment (nearly 700  
            comments).  The Instructional Quality Commission (IQC) also  
            determined that more subject matter expertise was needed for  
            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, which was originally scheduled for adoption  
            in May 2015.

            A schedule once existed for the revision and updating of  
            curricular frameworks.  That schedule was suspended in 2009  
            when the prohibition on that process was imposed.  Current law  
            continues to reference an eight-year cycle for revisions to  
            frameworks and the adoption of instructional materials.  It is  
            likely that the next revision of the history-social science  
            framework will occur in several years.

       3)Some information is in the draft framework.  The existing draft  
            framework includes some references to the deportation to  
            Mexico.  In the chapter of course descriptions for grades  
            Kindergarten 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."  In the chapter of course descriptions for  
            grades nine through 12, 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."  

       4)Fiscal impact.  According to the Assembly Appropriations  
            Committee, this bill would impose one-time General Fund costs  
            to the California Department of Education (CDE) of  
            approximately $160,000 to revise the history-social science  
            framework.

       5)Related and prior legislation.









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       RELATED LEGISLATION

       AB 104 (Committee on Budget, Ch. 13, 2015) among other things,  
            imposes a fee on publishers who submit history-social science  
            materials to the SBE for consideration.

       AB 740 (Weber, 2015) requires the Superintendent of Public  
            Instruction to recommend to the SBE, by January 1, 2017, a  
            schedule for the regular update of academic content standards  
            in all subjects for which standards have been adopted by the  
            SBE.  The schedule must be aligned to the current eight-year  
            cycle of curriculum framework updates and instructional  
            materials adoptions.  AB 740 is scheduled to be heard by this  
            Committee on July 15.



            PRIOR LEGISLATION

            SB 1214 (Cedillo, 2008) required the State Board of Education  
            (SBE) to provide for such inclusion when it next revises and  
            adopts the curriculum for the history-social science framework  
            and instructional materials on or after January 1, 2009.  SB  
            1214 was vetoed by the Governor, whose veto message read:

                    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.
            
            SB 551 (Cedillo, 2007) required the SBE to include instruction  
            on the unconstitutional deportation to Mexico during the Great  
            Depression in the next revision of the history-social science  
            framework.  SB 551 was held in the Senate Appropriations  
            Committee.








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            SB 1575 (Dunn, 2006) expanded the course of study for grades  
            7-12 to include instruction on the unconstitutional  
            deportation to Mexico during the Great Depression, and  
            required the California Department of Education (CDE) to  
            include this instruction in curriculum resources for teachers.  
             SB 1575 was vetoed by the Governor; staff is unable to locate  
            the veto message.

            SUPPORT
          
          American Federation of State, County and Municipal Employees
          California Communities United Institute
          California Immigrant Policy Center
          California Teachers Association
          Coalition for Humane Immigrant Rights of Los Angeles
          Council of Mexican Federations
          Montebello Unified School District
          National Association of Social Workers, California Chapter

            OPPOSITION
           
           None received.

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