BILL ANALYSIS
SB 1437
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SENATE THIRD READING
SB 1437 (Kuehl)
As Amended August 7, 2006
Majority vote
SENATE VOTE :22-15
EDUCATION 7-3
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|Ayes:|Goldberg, Coto, Hancock, | | |
| |Liu, Mullin, Pavley, | | |
| |Umberg | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Wyland, Huff, Richman | | |
| | | | |
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SUMMARY : Prohibits school agencies and personnel from adopting
and providing instruction and materials that reflects adversely
on a person's gender or sexual orientation.
1)Prohibits any teacher from giving instruction that reflects
adversely on persons because of their gender or sexual
orientation as defined in Section 422.56 of the Penal Code.
2)Prohibits the State Board of Education (SBE) and any governing
board of any school district from adopting instructional
materials that reflect adversely on persons because of their
gender or sexual orientation, as defined in Section 422.56 of
the Penal Code.
3)Recasts the terms sex, color, creed, handicap, national
origin, and ancestry as gender, ethnicity, religion,
disability, and nationality.
4)Redefines race, ethnicity, gender, disability, nationality,
sexual orientation, nationality, sexual orientation to conform
to the definitions in the Penal Code Section 422.56.
EXISTING LAW :
1)Requires SBE to adopt instructional materials for students in
public schools in kindergarten and grades 1-8.
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2)Requires governing boards of school districts to adopt
instructional materials for students in grades 9-12 in their
districts.
3)Prohibits SBE and governing boards of school districts from
adopting instructional materials that reflect adversely on
people because of their race, sex, color, creed, handicap,
national origin, or ancestry.
4)Prohibits teachers from providing instruction, and school
districts from sponsoring activities that reflect adversely on
people because of their race, sex, color, creed, handicap,
national origin, or ancestry.
5)Requires governing boards to adopt only materials that portray
the cultural and racial diversity of our society, including
the contributions of both men and women in a variety of roles
and occupations, and various ethnic and cultural groups to the
total development of California and the U.S.
FISCAL EFFECT : None, according to Legislative Counsel.
COMMENTS : According to the Senate 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), Chapter 650, Statutes of 2003, prohibits
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.
Analysis Prepared by : Dee Brennick / ED. / (916) 319-2087
SB 1437
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FN: 0015625