BILL ANALYSIS
AB 970
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Date of Hearing: April 22, 2009
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 970 (Block) - As Amended: April 2, 2009
SUBJECT : Curriculum and instructional materials: Native
Americans
SUMMARY : Encourages the State Board of Education (SBE) and the
Curriculum Development and Supplemental Materials Commission
(Curriculum Commission) to ensure that the history-social
science (H/SS) framework, evaluation criteria, and instructional
materials adopted in the course of the next submission cycle
include information about American Indians. Specifically, this
bill :
1)Encourages instruction about American Indians, emphasizing
California Native Americans, including their tribal and
sovereign governments and their relationship with the
California state government.
2)Encourages all state and local professional development
activities to provide teachers with content background and
resources to assist in teaching about American Indians,
emphasizing California Native Americans, including their
tribal and sovereign governments and their relationship with
the California state government.
3)The bill would require the SBE, within one year following the
conclusion of the first adoption cycle for H/SS instructional
materials that occurs on or after January 1, 2010, to report
to the Legislature and the Governor regarding the progress of
achieving the goals set forth by the bill.
EXISTING LAW :
1)Provides that the adopted course of study in grades 1-12,
inclusive, for 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
(U.S.), with particular emphasis on portraying the role of
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these groups in contemporary society.
2)Requires the Curriculum Commission to recommend curriculum
frameworks to the SBE and develop criteria for evaluating
instructional materials submitted for adoption so that the
materials adopted adequately cover the subjects in the
indicated grade levels.
3)Requires the SBE to ensure that curriculum frameworks are
reviewed and adopted in each subject area consistent with the
six- and eight- year submission cycles.
4)Provides that the history-social science framework shall
include the following topics: financial preparedness, The
Great Irish Famine of 1845-1850, Cesar Chavez and the history
of the farm labor movement, inclusion of the Declaration of
Independence, the United States Constitution, the Federalist
Papers, the Emancipation Proclamation, the Gettysburg Address,
and George Washington's Farewell Address.
5)Provides that when adopting instructional materials for use in
schools, governing boards shall include only instructional
materials that, in their determination, accurately portray the
cultural and racial diversity of our society, including 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.
6)Requires the CDE to incorporate materials that deal with civil
rights, human rights violations, genocide, slavery, and the
Holocaust into publications that provide examples of
curriculum resources for use by teachers.
FISCAL EFFECT : Unknown
COMMENTS : Curriculum frameworks provide a blueprint for
curriculum and instruction by describing the scope and sequence
of the knowledge and skills all students need to master in a
specific subject area, and the evaluation criteria found within
the framework provides guidance to publishers in the development
of instructional materials. The framework and criteria are used
to evaluate instructional materials that are submitted for
adoption by the state. Existing law provides for the Curriculum
Commission to act as an advisory body to the SBE on curriculum
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frameworks and instructional materials.
This bill encourages the SBE and the Curriculum Commission to
ensure that the next adoption of the H/SS framework, evaluation
criteria, and instructional materials include American Indians,
emphasizing California Native Americans, including their
existing tribal and sovereign governments, and their
relationship with the California state government.
Related prior legislation . SB 41 (Alpert), Chapter 870,
Statutes of 2001, established a competitive grant program,
administered by the State Librarian, for the development of
educational materials on California Native American history,
culture, and tribal sovereignty for use in grades kindergarten
through grade 12, and required the SBE to use the supplemental
materials as an advisory tool in subsequent revisions of the
H/SS framework. The bill also established the California
American Indian Nations Information Project.
Status of the implementation of SB 41: SB 826 (Padilla) of 2006
proposed to transfer the responsibility of developing the
supplemental materials pursuant to SB 41 to the University of
California (UC), through the subject matter projects. The
author stated that information received from the CDE indicated
that the State Librarian had not completely performed the
functions prescribed in statute. The Governor vetoed the bill,
expressing concerns that transferring the project to the UC
would cause further delay, was duplicative and would increase
costs.
In September 2007, the office of the State Librarian submitted
the "SB 41 Proposed Model Supplemental Instructional Materials"
for grade 8 to the Curriculum Commission. The "Foreword"
section of the document explains that "this curriculum is not a
comprehensive history of Native Americans. Instead it contains
four units on four distinct historical subjects that are
especially important in understanding the United States
government's relationship with Native Americans today." The
four units are:
1)The Relationship Between the U.S. Government and American
Indian Nations.
2)Slavery, Forced Labor, and Native Americans.
3)The Struggles Over Native American Lands.
4)The Indian Experience with America's Policy of Assimilation.
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Staff from the State Librarian's office reported that the
development of the supplemental material was completed at the
direction of an advisory committee comprised predominantly of
academicians and representatives of Native American
organizations. Staff reports that the delay in the development
of the supplemental materials was due partially to lack of
funding.
SB 41 specified that instructional resources be developed for
kindergarten through grade 12 but the supplemental materials
submitted to the Curriculum Commission were only for grade 8.
At its meeting on July 10, 2008, the SBE appointed eight
reviewers to evaluate the supplemental instructional materials.
After an independent review of the materials, the review panel
reconvened on October 29 and 30, 2008, to deliberate and prepare
an advisory report on the instructional materials. During this
process, the review panel found that several of the criteria
were not met or only partially met.
On November 21, 2008, the Curriculum Commission held a public
hearing and took action to not recommend to the SBE the
supplemental instructional materials, based on the review
panel's findings that most of the criteria established by the
SBE were either not met or only partially met. The SBE took the
same action at its January, 2009 meeting and did not approve the
instructional materials developed the State Library.
Revision of the H/SS framework : The Curriculum Commission has
begun the process of updating the H/SS framework for the 2011
H/SS primary adoption. Pursuant to the enactment of AB 2932
(Karnette), Chapter 149, Statutes of 2008, the H/SS framework
will be adopted by May 2010 and instructional materials in 2011.
A curriculum framework and evaluation criteria committee (CFECC)
was appointed and is in the process of reviewing and drafting
the new framework and evaluation criteria which will be used to
select and adopt instructional materials for kindergarten
through grade eight (K-8). The SBE has approved guidelines to
direct the work of the curriculum framework and evaluation
criteria committee and the guidelines are based on statutory
requirements relative to the H/SS framework and on the feedback
received from focus group meetings.
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The guidelines include the following recommendation for the H/SS
framework:
Update the narrative to improve the inclusivity of the
History-Social Science Framework, and to reflect the
contributions of all groups to the history of California
and United States.
Considering that the curriculum framework and evaluation
criteria committee has specific guidelines from the Curriculum
Commission and the SBE, it is unclear that this bill will have
an impact on the current revision of the H/SS framework. If
enacted, this bill would take effect on January 1, 2010 and by
that time the Curriculum Commission will have already taken
action on recommending a draft H/SS framework to the SBE and the
H/SS framework will be under public review for an expected
adoption by the SBE in March or May of 2010.
Several legislative attempts to include specific events or
people in the curriculum frameworks have been unsuccessful.
Several similar bills have been vetoed by the governor stating
that the State should refrain from being overly prescriptive in
school curriculum.
The author states: "At the states recent History/Social Science
textbook adoption there was no inclusion of any current events
past the 1800's related to California Native Americans. Without
mention of these events in student instruction or in student
textbooks, the existence of Native Americans as a people, with
sovereign governments, continues to be obsolete; and students
will lack the understanding that California Native Americans are
part of this state's cultural, political and historical and
current events. This bill will help fill a significant gap in
our social studies curriculum."
Related legislation : SB 426 (Yee) requires the Curriculum
Commission to consider and vote on whether to adopt each
concurrent resolution passed by the Legislature that proposes
changes to curriculum frameworks. SB 426 passed out of the
Senate Education Committee on April 15, 2009.
Previous legislation : AB 2034 (N??ez) of 2008 encourages the
SBE and the Curriculum Commission to ensure that the
history-social science framework and instructional materials
include information about American Indians, emphasizing
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California Native Americans. AB 2034 was vetoed by Governor
Schwarzenegger, with the following veto message:
"While I respect the author's intent to recognize the role of
Native Americans and their tribal and sovereign governments'
relationship with the state, I have consistently vetoed
legislation that has attempted to include specific details or
events into areas of instruction. The State Board of Education
adopted content standards are developed by a diverse group of
experts and are intentionally broad in order to allow coverage
of various events, developments, and issues. I continue to
believe that the State should establish rigorous academic
standards and frameworks, but refrain from being overly
prescriptive in specific school curriculum."
The following three related bills were also vetoed by Governor
Schwarzenegger in 2008 with exactly the same veto message as AB
2034:
AB 531 (Salas), of 2008 requires the SBE and the Curriculum
Commission to ensure that the case of Mendez v. Westminster
School District (64 F. Supp 544 (C.D. Cal. 1946) aff'd,
Westminster School Dist. v. Mendez (9th Cir. 1947) 161 F. 2d
774) ( Mendez v. Westminster ) and the role of this case in the
civil rights movement and the desegregation of public schools in
California and the nation be included in the next revision and
adoption of the history-social science framework, criteria and
instructional materials.
AB 1863 (Portantino) of 2008 expresses the encouragement of the
Legislature for schools to include the role and contribution of
Italian Americans to the economic, political, and social
development of California and the United States in the
instruction of social sciences, and encourages the SBE to
include the role and contribution of Italian Americans to the
economic, political, and social development of California and
the United States in the social sciences curriculum frameworks
at the next revision of those frameworks.
AB 2064 (Arambula) of 2008 requires the SBE and Curriculum
Commission to ensure that the History-Social Science Framework,
evaluation criteria, and instructional materials, adopted in the
course of the next submission cycle following the date on which
this section becomes effective, include instruction on the
Vietnam War, including the "Secret War" in Laos, the role of
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Southeast Asians in that war, and the refugee/immigrant/new
American experience.
REGISTERED SUPPORT / OPPOSITION :
Support
Barona Band of Mission Indians
Viejas Band of Kumeyaay Indians (Sponsor)
Opposition
None on file.
Analysis Prepared by : Marisol Avi?a / ED. / (916) 319-2087