BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 970
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          ASSEMBLY THIRD READING
          AB 970 (Block and Bass)
          As Amended  June 1, 2009
          Majority vote 

           EDUCATION           9-0         APPROPRIATIONS      14-3        
           
           ------------------------------------------------------------------ 
          |Ayes:|Brownley, Nestande,       |Ayes:|De Leon, Ammiano, Charles  |
          |     |Ammiano, Arambula,        |     |Calderon, Davis, Fuentes,  |
          |     |Carter, Eng, Garrick,     |     |Hall, Miller,              |
          |     |Miller, Solorio           |     |John A. Perez, Price,      |
          |     |                          |     |Skinner, Solorio, Audra    |
          |     |                          |     |Strickland, Torlakson,     |
          |     |                          |     |Krekorian                  |
          |     |                          |     |                           |
          |-----+--------------------------+-----+---------------------------|
          |     |                          |Nays:|Nielsen, Duvall, Harkey    |
          |     |                          |     |                           |
           ------------------------------------------------------------------ 

           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  requires:  

          1)The information about American Indians emphasizes California  
            Native Americans, including their existing tribal and  
            sovereign governments and their relationship with the  
            California state government and the people of California.  

          2)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.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, minor absorbable General Fund administrative costs to  
          the SBE to ensure that the H/SS framework, evaluation criteria,  
          and instructional materials include information about American  








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          Indians (specific to California) and complete the required  
          report, as specified.  

           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 SBE.  Existing law provides for the Curriculum  
          Commission to act as an advisory body to the SBE on curriculum  
          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.  

          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.  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 (U.S.) government's relationship  
          with Native Americans today."  

          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.   
          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  








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          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. 

          The Curriculum Commission has begun the process of updating the  
          H/SS framework for the 2011 H/SS primary adoption.  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 8 (K-8).  The SBE has approved guidelines to  
          direct the work of the CFECC and the guidelines are based on  
          statutory requirements relative to the H/SS framework and on the  
          feedback received from focus group meetings.

          Considering that the CFECC has specific guidelines provided by  
          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.  

          The author states: "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."

          Previous legislation:  AB 2034 (N??ez) of 2008, encourages the  
          SBE and the Curriculum Commission to ensure that the H/SS  
          framework and instructional materials include information about  
          American Indians, emphasizing California Native Americans. AB  
          2034 was vetoed by Governor Schwarzenegger, with the following  
          veto message:









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          "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) 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  
          Southeast Asians in that war, and the refugee/immigrant/new  
          American experience.








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          Analysis Prepared by  :    Marisol Avi?a / ED. / (916) 319-2087 



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