BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1922
                                                                  Page  1

          Date of Hearing:   April 20, 2010

              ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER  
                                     PROTECTION
                                 Mary Hayashi, Chair
                    AB 1922 (Davis) - As Amended:  April 14, 2010
           
          SUBJECT  :   Civil rights education: California Civil Rights  
          Education Commission.

           SUMMARY  :   Establishes the California Civil Rights Education  
          Commission (Commission), as specified.  Specifically,  this bill  :  
           

          1)Establishes the Commission, assigned to the California  
            Department of Education (CDE), comprised of a four-member  
            joint committee and 11 rotating members, with one member  
            designated as chairperson.

          2)Requires the joint committee to include:

             a)   One representative of the University of California (UC),  
               to be appointed by the President of the UC;

             b)   One representative of the California State University  
               (CSU), to be appointed by the Chancellor of the CSU;

             c)   One representative of the California Community Colleges  
               (CCC), to be appointed by the Chancellor of the CCC; and,

             d)   At least one member who represents a civil rights  
               organization, including, but necessarily limited to, the  
               California State Conference of the National Association for  
               the Advancement of Colored People.

          3)Requires the 11 rotating members to be selected by the joint  
            committee, from applicants to the joint committee, and to  
            serve no more than two three-year terms, commencing and ending  
            on July 1 of the appropriate years.  The initial members shall  
            be selected by July 1, 2011 and three shall serve terms ending  
            July 1, 2012, four shall serve terms ending July 1, 2013, and  
            four shall serve terms ending July 1, 2014.

          4)Specifies that the members of the Commission be California  
            residents and appointed with due regard for broad geographic  








                                                                  AB 1922
                                                                  Page  2

            representation.  

          5)Provides that members of the Commission shall receive no  
            compensation for their services, but shall be reimbursed for  
            the expenses they incur while performing their duties. 

          6)Authorizes the Commission to:

             a)   Study and provide assistance and advice to the State  
               Board of Education (SBE) and the Curriculum Development and  
               Supplemental Materials Commission with respect to the  
               inclusion of civil rights education in the history-social  
               science framework and criteria for evaluating instructional  
               materials; and,

             b)   Study and review such framework already developed by the  
               History-Social Science Curriculum Framework and Criteria  
               Committee of the SBE.

          7)Requires the Commission to adopt rules and regulations and set  
            standards and policies for their organization, operation,  
            management, budgeting, and programs.

          8)Authorizes the CDE to apply for, and receive, gifts, grants,  
            and donations from any public or private sources, including,  
            but not necessarily limited to, federal funds and private  
            foundation grants for purposes of supporting the expenses  
            incurred in operating the Commission.

          9)Requires the SBE to make civil rights education a mandatory  
            part of the curriculum in public elementary and secondary  
            schools and requires the SBE to work with the Commission in: 

             a)   Providing information to public elementary and secondary  
               schools with respect to civil rights movement education and  
               awareness programs;

             b)   Creating an inventory of civil rights memorials,  
               exhibits, and resources that could be used in classrooms  
               and for other educational programs;

             c)   Compiling a list of volunteers who are willing to share  
               their knowledge and experiences concerning the struggle for  
               civil rights; and,









                                                                  AB 1922
                                                                  Page  3

          10)Makes legislative findings and declarations.

           EXISTING LAW  :

          1)Requires the CDE to incorporate, into publications that  
            provide examples of curriculum resources for teacher use those  
            materials developed by publishers of nonfiction, trade books,  
            and primary sources, or other public or private organizations,  
            that are age-appropriate and consistent with the subject  
            frameworks on history and social science that deal with civil  
            rights human rights violations, genocide, slavery, and the  
            Holocaust.

          2)Encourages all state and local professional development  
            activities to provide teachers with content background and  
            resources to assist in teaching about civil rights, human  
            rights violations, genocide, slavery, and the Holocaust.

          3)Provides that instructional materials adopted by the SBE for  
            social science shall include information designed to instruct  
            pupils on Dr. Martin Luther King, Jr., the civil rights  
            movement, and contributions made by ethnic minority groups to  
            the history of the United States, and requires the SBE to  
            ensure that the materials present the information in a manner  
            consistent with the instruction provided in each grade level,  
            and requires the SBE to endeavor to see that this objective is  
            accomplished in the evaluation of instructional materials for  
            educational content.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           Purpose of this bill  .  According to the author's office, "The  
          rise of hate crimes and racial tension in California and across  
          the nation, most recently on several campuses within the UC  
          system, provides a compelling reason to completely re-approach  
          the process of developing state curriculum in the field of  
          history-social science.  Far too many citizens obviously do not  
          appreciate the complexity of racial, social, economic, and  
          political problems.

          "Based on the NAACP interviews of curriculum experts in school  
          districts throughout California, the state lacks a framework to  
          popularize recent academic studies that include the North as  








                                                                  AB 1922
                                                                  Page  4

          well as the South, women as well as men, multiracial rather than  
          just black v. white perspectives, and go beyond the traditional  
          1954-1964 textbook story centered on Martin Luther King, Jr.

          "AB 1922 pursues a pedagogy that fundamentally links the way we  
          teach to what we teach in California, and intends to apply  
          relatively recent trends in academic studies of civil rights  
          movement history to the needs of K-12 educators."

           Background  .  Over the past 5 years, 115 episodes of vandalism  
          involving hate speech have occurred on UC's 10 campuses.  The  
          recent rash of racially charged incidents throughout the UC  
          system garnered national attention when a group of students at  
          UC San Diego held an off-campus party called the "Compton  
          Cookout" in early February; a week later, a noose and pillowcase  
          resembling a Ku Klux Klan hood were discovered.  Similar  
          incidents were reported on UC campuses in Irvine, Santa Cruz and  
          Davis.  UC President, Mark Yudof, in response, appointed Dean  
          Christopher Edley of UC Berkeley Law School, a civil rights and  
          Constitutional law expert, to act as a special advisor on racial  
          issues on the UC San Diego campus.  Yudof has also outlined  
          strategies to build tolerance throughout the system and to  
          increase the number of underrepresented students at UC.  UC  
          Regents Chairman Russell Gould apologized for these events,  
          stating, "I deeply regret that any member of the UC community  
          had to endure such disgusting displays of bigotry," Gould said.  
          "Whether they were perpetrated out of ignorance or hateful  
          intolerance, such actions have no place at the University of  
          California."
           
          In 2005, the Legislature attempted to address the issue of  
          tolerance education.  AB 723 (Chu) would have required the SBE  
          to integrate instruction on inter-group relations and tolerance  
          into existing curriculum frameworks.  Similarly, AB 1056 (Chu)  
          would have the Tolerance Education Pilot Program, to be  
          administered by the CDE, to promote instruction in public  
          schools on tolerance and inter-group relations as part of the  
          instruction in the history/social science content standards.   
          Both bills were vetoed by Governor Schwarzenegger because they  
          were "duplicative of current efforts to provide more avenues to  
          teach about tolerance and human rights" and that "it would be  
          prudent to review the progress being made before any additional  
          actions are contemplated."

          An office for civil rights exists at the federal level with a  








                                                                  AB 1922
                                                                  Page  5

          very different role than the Commission established by this  
          bill.  This bill creates a civil rights focused commission for  
          purposes of advising the SBE on curriculum matters, while the  
          federal Office for Civil Rights (OCR) was established within the  
          United States Department of Education to ensure equal access to  
          education and the enforcement of civil rights.  The OCR serves  
          student populations facing discrimination and one of its  
          responsibilities is resolving complaints of discrimination.  OCR  
          also conducts compliance reviews and provides technical  
          assistance to help institutions achieve voluntary compliance  
          with the civil rights laws that OCR enforces.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California State Conference of the National Association for the  
          Advancement of Colored People (sponsor)
          California Teachers Association

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Marina Wiant / B.,P. & C.P. / (916)  
          319-3301