BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Jack Scott, Chair
2007-2008 Regular Session
BILL NO: SB 1322
AUTHOR: Lowenthal
AMENDED: March 24, 2008
FISCAL COMM: Yes HEARING DATE: April 2, 2008
URGENCY: No CONSULTANT:Lynn Lorber
NOTE : This bill has been referred to the Committees on
Education and Judiciary. A "do pass" motion should include
referral to the Committee on Judiciary.
SUBJECT : Communism
SUMMARY
This bill deletes various references in statute to
communism:
1) As cause for dismissal of school, community college
and public employees.
2) Relative to the use of school property.
BACKGROUND
Current law:
Dismissal of school employees
1) Provides that a permanent school employee (such as
teachers, principals, and librarians) cannot be
dismissed except for one or more of the following
causes:
a) Immoral or unprofessional conduct.
b) Commission, aiding or advocating the
commission of acts of criminal syndicalism.
c) Dishonesty.
d) Unsatisfactory performance.
e) Evident unfitness for service.
f) Physical or mental condition unfitting him
or her to instruct or associate with children.
g) Persistent violation of or refusal to obey
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laws and regulations, as specified.
h) Conviction of a felony or of any crime
involving moral turpitude.
i) Advocating or teaching communism with the
intent to indoctrinate or to inculcate in the
mind of any pupil a preference for communism, or
advocating or being a member of an organization
that advocates the overthrow of the government.
j) Knowing membership by the employee in the
Communist Party.
aa) Alcoholism or other drug abuse which makes
the employee unfit to instruct or associate with
children.
2) Authorizes the governing board of a school district to
suspend and give 30 day notice of dismissal to a
permanent employee upon the filing of written charges
of immoral conduct, conviction of a felony or any
crime involving moral turpitude, incompetence due to
mental disability, willful refusal to perform regular
assignment without reasonable cause, advocating or
teaching communism, knowing membership in the
Communist Party or violations of health and welfare
benefits provisions.
3) Requires the notice of dismissal to also state that
the employee shall not be dismissed after 30 days if
the employee demands a hearing. If the employee
demands a hearing he or she shall continue to be paid
his or her regular salary during the period of
suspension if he or she furnishes a suitable bond or
other security acceptable to the school district as a
guarantee that the employee will repay the salary to
the district if he or she is subsequently dismissed.
4) Authorizes a permanent employee who is suspended for
membership in the Communist Party or health and
welfare benefits violations to file with the school
district governing board a verified written denial
within 10 days of receiving notice of suspension.
5) Requires a classified school employee or classified
community college employee to be suspended and
dismissed for, among other things, knowing membership
in the Communist Party or advocating or being a member
of an organization that advocates the overthrow of the
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government.
Indoctrination of students
Prohibits a teacher from giving instruction in any school,
or on any school property, from advocating or teaching
communism with the intent to indoctrinate or to inculcate
in the mind of any pupil a preference for communism.
Grounds for dismissal of public employees
1) Provides that it is sufficient cause to dismiss a
public employee (including school district employees)
if he or she advocates or is knowingly a member of
either the Communist Party or an organization which
advocates the overthrow of the government of the
United States by force or violence.
2) Provides that a public employee may be required to
answer, under oath, specified questions, including,
but not limited to:
a) Personal advocacy of or membership since
October 3, 1945, in any organization which
advocated the forceful or violent overthrow of
the government.
b) Knowing membership or past membership in the
Communist Party.
Use of school facilities
1) Subject to approval by the school district governing
board, the Civic Center Act permits private groups to
use school facilities or grounds for meetings and
other activities, so long as such use does not
encroach upon the primary educational purpose of the
school. Current law specifically prohibits the use of
school facilities or grounds by any individual,
society, group or organization to further any program
or movement to overthrow the United States or any
state government.
2) Requires schools to verify that school property will
not be used in violation of the Civic Center Act by
requiring a signed statement from the applicant
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stating that, among other things:
a) The property will not be used for the
purpose of overthrowing the government of the
United States or the State of California.
b) The applicant organization is not a
Communist action organization or Communist front
organization.
3) Authorizes the school district to require additional
information it deems necessary to determine that the
use of school property would not be in violation of
the Civic Center Act.
General
Makes various findings and declarations regarding the
threat posed by Communism.
ANALYSIS
This bill removes membership in the Communist Party as a
reason to dismiss school, community college and public
employees. Specifically, it:
1) Deletes membership in the Communist Party from the
reasons for which a permanent school employee may be
dismissed.
2) Deletes membership in the Communist Party and
violations of health and welfare benefits provisions
(see comment # 4 below) as reasons for
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suspension and notice of dismissal for permanent
school employees, and removes a corresponding
provision that allows suspended school employees to
provide a verified written denial.
3) Deletes membership in the Communist Party as a reason
for suspension and dismissal of classified school or
community college employees.
4) Deletes membership in the Communist Party as
sufficient cause to dismiss a public employee.
5) Deletes provisions relative to public employees being
questioned under oath by non-law enforcement
governmental entities about overthrowing the
government or membership in the Communist Party.
6) Deletes the requirement that a specific signed
statement be provided to the school prior to the use
of school property by a private group, and instead
authorized the school board to require the furnishing
of information as it deems necessary to make the
determination that the use of school property for
which the application is made would not violate the
Civic Center Act.
7) Replaces existing findings and declarations relative
to the threat of communism and with language relative
to the Cold War threat of a communist takeover and
constitutional protections of free speech, political
affiliation and the right to remain silent.
STAFF COMMENTS
1) What's the problem ? The author contends that
references to communism are antiquated (added to the
Government Code in 1947) and that the threat of a
communist takeover no longer exists. Any questions of
current statutes being inconsistent with
constitutional protections of free speech, political
affiliation and the right to remain silent should be
considered when this bill is heard by the Judiciary
Committee. There are no known complaints or
dismissals pursuant to current law according to the
Association of California School Administrators,
California School Boards Association, California
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Teachers Association, California Federation of
Teachers, California Department of Education,
California School Employees Association, or Commission
on Teacher Credentialing.
2) Indoctrination . This bill does not affect current law
that prohibits a teacher from advocating or teaching
communism with the intent to indoctrinate or to
inculcate in the mind of any pupil a preference for
communism.
3) Government overthrow . This bill does not diminish
current law with regard to the dismissal of school,
community college and public employees for
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advocating, or belonging to a group that advocates the
overthrow of the government, or the dismissal of
school employees for advocating or teaching communism.
4) Health & Welfare Benefits . Current law includes a
cross-reference to health and welfare benefits
provisions as a reason for suspension and notice of
dismissal for permanent school employees. Those
health and welfare benefits provisions do not
reference any possible violations. It appears that
the cross-reference is outdated and irrelevant to the
suspension and dismissal of school employees.
Deleting this cross-reference should be considered
technical clean-up.
5) Other states . While California joins other states in
providing for the dismissal of teachers who advocate
the overthrow of the government, California is the
only state that provides for the dismissal of a
teacher for being a member of the Communist Party.
6) Prior legislation . AB 137 (DeVore, 2007) would have
deleted references in statutes to the Communist Party
and replaced those references with "extremist terror
network." AB 137 failed passage in the Assembly
Judiciary Committee.
SUPPORT
California Teachers Association
California Federation of Teachers
OPPOSITION
Capitol Resource Family Impact