BILL NUMBER: SB 1437	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 7, 2006
	AMENDED IN SENATE  MAY 1, 2006
	AMENDED IN SENATE  MARCH 28, 2006

INTRODUCED BY   Senator Kuehl
   (Coauthors: Senators Bowen, Kehoe, and Migden)
   (Coauthors: Assembly Members Goldberg, Laird, Leno, Pavley, and
Yee)

                        FEBRUARY 22, 2006

   An act to amend Sections  51204.5,  51500, 51501,
 60040,  and 60044 of the Education Code, relating
to prohibited instruction.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1437, as amended, Kuehl  School instruction: prohibition of
discriminatory content.
   Existing law prohibits instruction or school sponsored activities
that reflect adversely upon persons because of their race, sex,
color, creed, handicap, national origin, or ancestry. Existing law
prohibits the State Board of Education and the governing board of any
school district from adopting textbooks or other instructional
materials that contain any matter that reflects adversely upon
persons because of their race, sex, color, creed, handicap, national
origin, or ancestry.
   This bill would revise the list of characteristics included in
these provisions to include race or ethnicity, gender, disability,
nationality, sexual orientation, and religion  , defined as
specified  .
   Existing law prohibits a governing board from adopting
instructional materials that contain any matter reflecting adversely
upon persons because of their race, color, creed, national origin,
ancestry, sex, handicap, or occupation, or that contain any sectarian
or denominational doctrine or propaganda contrary to law.
   This bill would revise the list of characteristics included in
this provision to include race or ethnicity, gender, disability,
nationality, sexual orientation, religion,  defined as specified,
 and occupation.
   This bill also would make technical, nonsubstantive changes to
those provisions of existing law.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.    Section 51204.5 of the Education
Code is amended to read:
   51204.5.  Instruction in social sciences shall include the early
history of California and an age-appropriate study of the role and
contributions of both men and women, Black Americans, American
Indians, Mexicans, Asians, Pacific Islanders, and other ethnic
groups, and people who are lesbian, gay, bisexual, or transgender, to
the economic, political, and social development of California and
the United States of America, with particular emphasis on portraying
the role of these groups in contemporary society.  
   SEC. 2.   SECTION 1.   Section 51500 of
the Education Code is amended to read:
   51500.  No teacher shall give instruction nor shall a school
district sponsor any activity that reflects adversely upon persons
because of their race or ethnicity, gender, disability, nationality,
sexual orientation, or religion, as those terms are defined in
Section 422.56 of the Penal Code.
   SEC. 3.   SEC. 2.   Section 51501 of the
Education Code is amended to read:
   51501.  No textbook or other instructional materials shall be
adopted by the state board or by any governing board for use in the
public schools that contains any matter reflecting adversely upon
persons because of their race or ethnicity, gender, disability,
nationality, sexual orientation, or religion, as those terms are
defined in Section 422.56 of the Penal Code.   
  SEC. 4.    Section 60040 of the Education Code is
amended to read:
   60040.  When adopting instructional materials for use in the
schools, governing boards shall include only instructional materials
which, in their determination, accurately portray in an
age-appropriate manner the cultural, racial, gender, and sexual
orientation diversity of our society, including:
   (a) The contributions of both men and women in all types of roles,
including professional, vocational, and executive roles.
   (b) The role and contributions of Native Americans, African
Americans, Mexican Americans, Asian Americans, European Americans,
and members of other ethnic and cultural groups to the total
development of California and the United States.
   (c) The contributions of people who are lesbian, gay, bisexual, or
transgender to the total development of California and the United
States.
   (d) The role and contributions of the entrepreneur and labor in
the total development of California and the United States.  

   SEC. 5.   SEC. 3.   Section 60044 of the
Education Code is amended to read:
   60044.  No instructional materials shall be adopted by any
governing board for use in the schools that, in its determination,
contains:
   (a) Any matter reflecting adversely upon persons because of their
race or ethnicity, gender, disability, nationality, sexual
orientation, or religion, as those terms are defined in Section
422.56 of the Penal Code  ,  or occupation.
   (b) Any sectarian or denominational doctrine or propaganda
contrary to law.