BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Jack Scott, Chair
2005-2006 Regular Session
BILL NO: SB 1437
AUTHOR: Kuehl
AMENDED: May 1, 2006
FISCAL COMM: No HEARING DATE: May 3, 2006
URGENCY: No CONSULTANT:James Wilson
SUBJECT : Prohibition of Discrimination in Instruction
SUMMARY
This bill prohibits instruction, or the adoption of any
instructional material, that reflects adversely on persons
due to sexual orientation. This bill also adds the age
appropriate study of the role and contributions of people
who are lesbian, gay, bisexual or transgender to the social
science course of study that covers the contribution of
men, women and groups to development of the state and
nation.
BACKGROUND
Current law prohibits instruction or the adoption of
instructional materials that reflect adversely on people
because of their race, sex, color, creed, handicap,
national origin or ancestry.
Current law also sets forth various "courses of study" that
list topics that should be addressed at some time during
public school instruction and are reviewed prior to the
adoption of instructional materials related to the course
of study. The current course of study for instruction in
the social sciences calls for "?study of the role and
contributions of both men and women, black Americans,
American Indians, Mexicans, Asians, Pacific Island people,
and other ethnic groups to the economic, political, and
social development of California and the United States?"
Under the state Constitution, and statutory law, the State
Board of Education adopts instructional materials to be
used in grades 1 through 8 and local governing boards adopt
materials for grades 9 through 12.
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ANALYSIS
This bill:
1) Recasts current law that prohibits instruction or
school activity that reflects adversely on people
because of specified characteristics to add "sexual
orientation" and updates the other characteristics,
consistent with other statutes, by replacing "sex,
color, creed, handicap, national origin or ancestry",
with ethnicity, gender, disability, nationality, and
religion.
2) Provides that the terms "race, ethnicity, gender,
disability, nationality, sexual orientation or
religion" shall be as defined in section 422.56 of the
Penal Code. (attached)
3) Recasts current law that prohibits the State Board of
Education, or local governing boards, from adopting
instructional materials that reflects adversely on
people because of specified characteristics to add
"sexual orientation" and updates the other
characteristics, consistent with other statutes, by
replacing "sex, color, creed, handicap, national
origin or ancestry," with ethnicity, gender,
disability, nationality, or religion.
4) Revises the social sciences course of study to include
the age appropriate study of the role and
contributions of people who are lesbian, gay,
bisexual, or transgender to the development of
California and the nation with emphasis on their role
in contemporary society.
5) Requires that when adopting instructional materials,
local governing boards may only include instructional
materials that they determine to accurately portray,
in an age appropriate manner, the cultural, racial,
gender and sexual orientation diversity of our
society, including the contributions of people who are
lesbian, gay, bisexual, or transgender to the
development of California and the United States.
STAFF COMMENTS
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Non discrimination policy. According to the Judiciary
Committee analysis;
"Since 1965, the prohibition against discriminatory bias in
education (including curriculum and educational materials)
has been expanded to reflect the expansion of civil rights
protections to all aspects of society. Thus, in 1965
statutory prohibitions against curricula and books
reflecting bias against persons because of national origin
and ancestry were enacted followed in 1973 by prohibitions
against discrimination on the basis of sex. Disability was
added in 1987 ?and in 2003, SB 71 (Kuehl, Ch. 650, Stats.
2003) prohibited"? promotion of bias against any person on
the basis of any characteristic generally protected against
discrimination in sexual health and HIV/AIDS prevention
curriculum, instruction and materials.
SUPPORT
Asian Americans for Civil Rights & Equality
Bienestar Human Services
Billy DeFrank Community Center
California Alliance for Arts Education
California Church Impact
California Federation of Teachers
California Safe Schools Coalition
Commission on the Status of Women
Equality California (sponsor)
Gay, Lesbian and Straight Education Network, San
Francisco-East Bay
Gay-Straight Alliance Network
Human Rights Campaign
L.A. Gay and Lesbian Center
Lambda Letters Project
National Association of Social Workers
National Center for Lesbian Rights
Office of California Attorney General Bill Lockyer
Our Family Coalition
Public Advocates, Inc.
People for the American Way
San Francisco AIDS Foundation
OPPOSITION
California Catholic Conference
California Family Alliance
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Campaign for Children and Families
Concerned Women for America of California
First United Methodist Church, Yuba City
Solano Republican Women Federated
Traditional Values Coalition
Letters from individuals
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ATTACHMENT
Education Code
51204. Any course of study adopted pursuant to this
division shall be designed to fit the needs of the pupils
for which the course of study is prescribed.
51204.5. Instruction in social sciences shall include the
early history of California and a study of the role and
contributions of both men and women, black Americans,
American Indians, Mexicans, Asians, Pacific Island people,
and other ethnic groups 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.
Penal Code
422.56. For purposes of this title, the following
definitions shall apply:
(a) "Association with a person or group with these
actual or perceived characteristics" includes advocacy for,
identification with, or being on the ground owned or rented
by, or adjacent to, any of the following: a community
center, educational facility, family, individual, office,
meeting hall, place of worship, private institution, public
agency, library, or other entity, group, or person that
has, or is identified with people who have, one or more of
those characteristics listed in the definition of "hate
crime" under paragraphs 1 to 6, inclusive, of subdivision
(a) of Section 422.55.
(b) "Disability" includes mental disability and physical
disability as defined in Section 12926 of the Government
Code.
(c) "Gender" means sex, and includes a person's gender
identity and gender related appearance and behavior whether
or not stereotypically associated with the person's
assigned sex at birth.
(d) "In whole or in part because of" means that the bias
motivation must be a cause in fact of the offense, whether
or not other causes also exist. When multiple concurrent
motives exist, the prohibited bias must be a substantial
factor in bringing about the particular result. There is
no requirement that the bias be a main factor, or that the
crime would not have been committed but for the actual or
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perceived characteristic. This subdivision does not
constitute a change in, but is declaratory of, existing law
under In re M.S.(1995) 10 Cal. 4th 698 and People v.
Superior Court (Aishman) (1995) 10 Cal. 4th 735.
(e) "Nationality" includes citizenship, country of
origin, and national origin.
(f) "Race or ethnicity" includes ancestry, color, and
ethnic background.
(g) "Religion" includes all aspects of religious belief,
observance, and practice and includes agnosticism and
atheism.
(h) "Sexual orientation" means heterosexuality,
homosexuality, or bisexuality.
(i) "Victim" includes, but is not limited to, a
community center, educational facility, entity, family,
group, individual, office, meeting hall, person, place of
worship, private institution, public agency, library, or
other victim or intended victim of the offense.