BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 2864
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|Author: |Chau |
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|Version: |April 27, 2016 Hearing |
| |Date: June 8, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Lynn Lorber |
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Subject: Pupil instruction: Chinese Exclusion Act of 1882:
Chinese Americans' contributions to establishment of
transcontinental railroad
SUMMARY
This bill requires the State Board of Education (SBE), during
the next revision of the history-social science framework, to
consider including instruction on the Chinese Exclusion Act of
1882 and the contributions of Chinese Americans to the
establishment of the transcontinental railroad.
BACKGROUND
1) Establishes the Instructional Quality Commission (formerly
known as the Curriculum Commission) as an advisory body to
the State Board of Education (SBE) on matters related to
curriculum, instructional materials, and content standards.
(Education Code § 33530)
2) Requires the Instructional Quality Commission (IQC), when
the history-social science framework is revised, to receive
input from civics learning experts, consider how civics and
history instruction includes the application of content,
ensure that voter education information is included, ensure
specified historical documents are incorporated, and
consider incorporating additional historical documents.
(EC § 33540)
AB 2864 (Chau) Page 2
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3) Requires the IQC, during the next revision (after 2014) of
the history-social science framework, to consider including
instruction on the election of President Barack Obama and
the significance of the United States electing its first
African American President. (EC § 33543)
4) Requires the Great Irish Famine of 1845-50 to be considered
in the next cycle (after mid-1990s) in which the
history-social science framework is adopted.
(EC § 51226.3)
5) Requires the IQC to consider incorporating into the
history-social science framework the Armenian, Cambodian,
Darfur, and Rwandan genocides.
(EC § 51226.3)
6) Requires the SBE, when it revises and adopts the
history-social science framework after January 1, 2016, to
consider including instruction on the
unconstitutional deportation to Mexico during the Great
Depression of citizens and lawful permanent residents of
the United States. (EC § 51226.3)
7) Requires the Instructional Quality Commission (IQC), when
next revising the history-social science framework (after
2013) to ensure that voter education information is
included in the American government and civics curriculum
at the high school level. (EC § 33540)
8) Requires the State Board of Education (SBE) to ensure that
the state curriculum and framework, where appropriate,
include instruction on Cesar Chavez and the history of the
farm labor movement in the United States, and the role of
immigrants, including Filipino Americans, in that movement,
and that the state criteria for selecting textbooks include
information to guide the selection of textbooks that
contain sections that highlight the life and contributions
of Cesar Chavez, the history of the farm labor movement in
the United States, and the role of immigrants, including
Filipino Americans, in that movement. (EC § 51008)
9) Authorizes instruction in all areas of study to include
grade-level appropriate instruction on violence awareness
and prevention, as specified.
AB 2864 (Chau) Page 3
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(EC § 51210.5 and § 51220.3)
10) Encourages the incorporation of survivor, rescuer,
liberator, and witness oral testimony into the teaching of
human rights, the Holocaust, and genocide.
(EC § 51226.3)
11) 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, the Armenian
Genocide, the Holocaust, and the Great Irish Famine of
1845-50. (EC § 51226.3)
ANALYSIS
This bill requires the State Board of Education (SBE), during
the next revision of the history-social science framework, to
consider including instruction on the Chinese Exclusion Act of
1882 and the contributions of Chinese Americans to the
establishment of the transcontinental railroad. Specifically,
this bill:
1) Requires the SBE, when the SBE revises and adopts the
curriculum framework for history-social science after
January 1, 2017, to consider providing for the inclusion in
the framework, evaluation criteria, and accompanying
instructional materials instruction on the Chinese
Exclusion Act of 1882 and the contributions of Chinese
Americans to the establishment of the transcontinental
railroad.
2) Encourages all state and local professional development
activities to provide teachers with content background and
resources to assist them in teaching about the Chinese
Exclusion Act of 1882 and the contributions of Chinese
Americans to the establishment of the transcontinental
railroad.
STAFF COMMENTS
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1) Need for the bill. According to the author, "Asian
Americans have played a significant role in the history of
California and the Unites States. They have contributed to
America and California as builders of the Transcontinental
Railroad and other important infrastructure, as farmers,
inventors, entrepreneurs, scholars, artists, soldiers and
civic leaders. However, the history of Asian Americans is
also filled with hardship, discrimination, and unequal
treatment. Education plays an important role in developing
and creating an active and responsible citizen. For this
reason, it is important to teach students a curriculum that
allows them to study the origins and implications of
discrimination in any society in order to assist in
developing an acceptance of diversity, as well as full
respect for human rights."
2) Already in the framework. The most recent draft of the
update to the history-social science framework, approved by
the Instructional Quality Commission (IQC) at its meeting
on May 19-20, 2016, includes references to the Chinese
Exclusion Act of 1882 and contributions of Chinese
Americans to the establishment of the transcontinental
railroad in grades 4 and 8, and a reference to the Chinese
Exclusion Act of 1882 in grade 11. This bill does not
provide any indication as to what additional information
should be included in the history-social science framework.
It is unclear why the existing references in the draft
framework are insufficient.
3) Open process to develop frameworks. The IQC is responsible
for advising the State Board of Education (SBE) on matters
related to curriculum and instruction. The IQC has
numerous subject matter committees, including the
History-Social Science Subject Matter Committee. The
process to revise the history-social science framework:
Began in March 2008 with the recruitment of
participants on the Curriculum Framework and
Evaluation Criteria Committee.
Four focus groups were held across the state
from May-June 2008.
The review committee was selected in September
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2008, and met approximately every four weeks between
February-June 2009 to develop the framework.
The process was suspended in July 2009 due to
budget reductions.
The process resumed in September 2014, at
which time the IQC approved the draft framework for
field review.
The draft was released for a 60-day public
review and comment period.
The History-Social Science Subject Matter
Committee met in May 2015 to review the draft.
The IQC analyzed the field review results and
revised the draft framework.
The History-Social Science Subject Matter
Committee met again in October 2015.
The IQC held a public two-day hearing in
November 2015, and recommended approval of the draft
framework.
The draft framework was released for the
second 60-day public comment period.
The IQC considered and approved the draft
framework in May 2016, and will present it to the SBE
for adoption as early as July 2016.
The recently-revised framework for history-social science
went through a lengthy public process, and generated over
1,000 public comments, including several letters sent by
legislators. The author has not clarified why the existing
content is insufficient and specifically what revisions
should be made, or if concerns were raised during the
existing process.
The IQC completed this process less than one month ago.
Should the legislature prescribe content that may have
already been considered, or prescribe action that may not
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occur for another eight years (see comment # 5)?
1) Storied history of the history-social science framework.
The most recent history-social science framework was
developed in 2005. This framework was undergoing revisions
when that process was suspended in July 2009, due to budget
reductions, and subsequently resumed in July 2014. The
draft revision was released for field review in September
2014, and generated extensive public comment (nearly 700
comments). The IQC determined that more subject matter
expertise was needed for certain areas (including some
mandated for inclusion by legislation), and received a
budget augmentation of $124,000 to hire experts through an
interagency agreement. The draft framework was released
for the second field review in November 2015. The IQC
voted at its meeting on May 19-20, 2016, to approve the
draft framework for presentation to the State Board of
Education, which could consider adoption of the updated
framework as early as July 2016.
2) Not effective until 2024? The current revision of the
history-social science framework is complete and near
adoption by the SBE. This bill relates to the next
revision of this framework after January 1, 2017. Existing
law references an eight-year cycle for revisions to
frameworks and the adoption of instructional materials
(although a true schedule no longer exists). It is likely
that the next
revision of the history-social science framework will not
occur for another eight years. This Committee may wish to
consider whether it is appropriate to pass legislation that
may not be implemented until 2024.
3) Fiscal impact. According to the Assembly Appropriations
Committee analysis, this bill would have "no fiscal effect
to the California Department of Education as Chinese
Exclusion Act is currently incorporated into the pending
History-Social Science Framework, set for adoption by the
State Board of Education in May 2016. As written, the bill
would not require additional consideration until the next
framework, likely to occur 2024. It is difficult to
project costs that may occur eight years from now."
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4) Related legislation specific to the history-social science
framework. AB 2546 (Calderon) requires the Instructional
Quality Commission (IQC), when revising the history-social
science framework after January 1, 2017, to consider
including age-appropriate information on financial literacy
as specified. AB 2546 is scheduled to be heard by this
Committee on June 15.
5) Prior legislation specific to the history-social science
framework. AB 659 (Nazarian, 2014) would have encouraged
the California Department of Education to include the
Armenian Genocide in its published curriculum resources,
encouraged the incorporation oral testimony when teaching
specific instances of genocide into existing curriculum,
and encouraged including the Armenian Genocide into state
and local professional development activities and in the
next revision of the history/social science curriculum
framework. AB 659 was referred to but never heard by this
Committee.
AB 1616 (Buchanan, 2014) required the IQC, when revising the
history-social science framework, to receive input from
civics education experts for the purpose of integrating
civics learning content, concepts, and skills, at all
appropriate grade levels. AB 1616 was never heard.
SB 521 (Wyland, 2013) required the history-social science
framework to include the comparative differences between
the rights of the citizens in America and those in other
countries, and the connection of civics and American
government to western civilizations. SB 521 was never
heard.
SUPPORT
None received.
OPPOSITION
None received.
-- END --
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