BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: AB 1922
AUTHOR: Davis
AMENDED: May 28, 2010
FISCAL COMM: Yes HEARING DATE: June 23, 2010
URGENCY: No CONSULTANT:Lynn Lorber
SUBJECT : California Civil Rights Education Advisory
Committee
KEY POLICY ISSUES
Should a California Civil Rights Education Advisory Committee
be established under the administration of the California
Department of Education?
Is this advisory committee duplicative of existing duties
charged to the Curriculum Commission and its committees?
Is the scope of civil rights curriculum that is currently
included in the History-Social Science framework and
instructional materials insufficient?
SUMMARY
This bill establishes the California Civil Rights Education
Advisory Committee within the California Department of
Education for the purpose of advising the State Board of
Education and Curriculum Commission on the inclusion of civil
rights education in the history-social science framework and
criteria for evaluating instructional materials.
BACKGROUND
The process of adopting instructional materials begins with
the review and update of the curriculum framework for seven
subject areas. Frameworks are the blueprints for
implementing the academic content standards. The framework
development process typically takes 24 months from initiation
to approval by the State Board of Education (SBE). Once the
framework for a particular subject is adopted by the SBE, the
instructional material adoption process begins, which
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includes submissions from publishers, review by the
Instructional Materials Advisory Reviewer and Content Review
Expert (both are appointed by the SBE), Curriculum Commission
hearings and SBE adoption. The adoption process typically
takes 30 months. Schools were required to provide pupils
with instructional materials within 24 months of adoption by
SBE, but this requirement is suspended from the 2008-09 to
2012-13 fiscal year. (Education Code 60200 and 60422.1)
An early stage in the instructional materials adoption
process is the submission by publishers of samples of
instructional materials to the State Board of Education (SBE)
for review. As part of this process, the California
Department of Education (CDE) is required to conduct social
content reviews for all instructional materials, which is
intended to determine that materials are consistent with
existing requirements to ensure instructional materials
include, portray accurately, encourage and impress certain
content upon pupils. (EC 60050)
The processes for reviewing frameworks and adopting
instructional materials has been suspended since July 2009,
pursuant to AB 2 of the Fourth Extraordinary Session (Ch. 2,
July 2009), which among other things, prohibited the SBE from
reviewing frameworks and adopting instructional materials
until the 2013-14 school year. (EC 60200.7)
Current law:
1) Requires instruction in social sciences to 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
U.S. with particular emphasis on portraying the role of
these groups in contemporary society. (EC 51204.5)
2) Requires instructional materials used in schools to
accurately portray the contributions of both men and
women in all types of roles, including professional,
vocational, and executive role and 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 U.S., as well as
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the role and contributions of the entrepreneur and labor
in the total development of California and the U.S. (EC
60040)
3) Prohibits school districts from adopting instructional
materials that contain any matter reflecting adversely
upon persons because of their race, color, creed,
national origin, ancestry, sex, handicap, or occupation
or any sectarian or denominational doctrine or
propaganda contrary to law. (EC 60044)
4) States that the governing board of a school district
shall require, when appropriate to the comprehension of
pupils, that textbooks for social science, history or
civics classes contain the Declaration of Independence
and the Constitution of the U.S. when adopting
instructional materials for use in the schools. (EC
60043)
5) Requires instructional materials to:
a) Accurately portray the cultural and racial
diversity of our society.
(EC 60040)
b) Include:
i) The contributions of men, women, and
ethnic groups to the development of the state
and nation. (EC 51204.5)
ii) The Declaration of Independence and
the Constitution of the United States. (EC
60043)
iii) Dr. Martin Luther King, Jr., and the
civil rights movement. (EC 60200.6)
ANALYSIS
This bill :
1) Establishes the California Civil Rights Education
Advisory Committee (advisory committee) within the
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California Department of Education (CDE).
2) Authorizes the advisory committee to study and provide
assistance and advice to the State Board of Education
(SBE) with respect to the inclusion of civil rights
education in the history-social science framework and
criteria for evaluating instructional materials. (Staff
recommends deleting this provision; see Comment # 6)
3) Requires the advisory committee to study and review the
history-social science framework developed by the
Curriculum Commission, and advise the SBE and the
Curriculum Commission on the inclusion of civil rights
education in the history-social science framework and
criteria for evaluating instructional materials.
4) Provides that the advisory committee is to consist of 13
members, who are to serve three-year terms, for up to
two terms.
5) Sets forth the membership of the advisory committee as
follows:
a) The President of the University of California
or his or her designee.
b) The Chancellor of the California State
University or his or her designee.
c) The Chancellor of the California Community
Colleges or his or her designee.
d) Ten members appointed by the Superintendent of
Public Instruction, as follows:
i) At least two appointees shall
represent a civil rights organization,
including but not limited to, the California
State Conference of the National Association
for the Advancement of Colored People.
ii) At least five appointees shall be
teachers at public elementary or secondary
schools.
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6) Requires the members of the advisory committee to be
California residents and be appointed with due regard
for broad geographic representation.
7) Requires the advisory committee to have a chairperson to
be designated by the members of the advisory committee.
The members of the advisory committee are not to receive
compensation but are to be reimbursed for the expenses
they incur in performing their duties.
8) Authorizes the advisory committee to act as a liaison
with various entities, including but not limited to, the
United States Congress, the California Legislature, and
National Association for the Advancement of Colored
People, as well as other national and international
agencies.
9) Authorizes the CDE to apply for, and received, gifts,
grants and donations from any public or private sources,
including but not limited to, federal funds and private
foundation grants.
STAFF COMMENTS
1) Need for the bill : According to the author, "the rise
of hate crimes and racial tension in California and
across the nation, most recently on several campuses
within the University of California 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. There is clearly a
deficiency in the what, and how of civil rights
instruction. The impact of the Civil Rights Movement
cannot be understated when it comes to understanding the
conditions that encourage democracy to prosper."
2) Already part of social content review ? The California
Department of Education (CDE) is currently required to
conduct a social content review of instructional
materials submitted to the State Board of Education
(SBE) for adoption. For example, the SBE and Curriculum
Commission directed the Curriculum Framework and
Evaluation Criteria Committee for the
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currently-suspended review and update of the
History-Social Science framework to incorporate into the
evaluation criteria specific references to, among other
topics, the civil rights movement. Is it necessary to
create an advisory committee to essentially duplicate
current practice?
3) Already in History-Social Science framework ? The
existing 11th grade content standards and framework in
History-Social Science include the analysis of the
development of federal civil rights and voting rights,
as well as the history of the civil rights movement in
the 25 years after World War II and the social and
political transformations that it brought.
Additionally, the History Social Science framework
touches upon various aspects of the civil rights
movement including the following:
a) Examining and analyzing the key events,
policies, and court cases in the evolution of civil
rights, including Dred Scott v. Sandford, Plessy v.
Ferguson, Brown v. Board of Education, Regents of
the University of California v. Bakke, and
California Proposition 209.
b) Examining the roles of civil rights
advocates (e.g., A. Philip Randolph, Martin Luther
King, Jr., Malcolm X, Thurgood Marshall, James
Farmer, Rosa Parks), including the significance of
Martin Luther King, Jr.'s "Letter from Birmingham
Jail" and "I Have a Dream" speech.
c) Analyzing the passage and effects of civil
rights and voting rights legislation (e.g., 1964
Civil Rights Act, Voting Rights Act of 1965) and
the Twenty-Fourth Amendment, with an emphasis on
equality of access to education and to the
political process.
d) Analyzing the women's rights movement from
the era of Elizabeth Cady Stanton and Susan B.
Anthony and the passage of the Nineteenth Amendment
to the movement launched in the 1960s, including
differing perspectives on the roles of women.
The 8th grade standards also include units on the Civil
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War and its consequences as well as the adoption of the
13th, 14th, and 15th amendments and their connection to
the civil rights movement of the 1960's.
4) Update of History-Social Science framework underway .
The Curriculum Commission approved the draft update of
this framework for field review on July 17, 2009.
However, suspension of the framework and instructional
material processes was implemented beginning July 28,
2009, meaning that no actual field review or online
survey will occur for this framework. Staff understands
that the CDE and the Curriculum Commission can complete
the work of preparing the History-Social Science
framework within existing resources. Many stakeholders
and ethnic groups support the resumption of this process
because the updated frameworks are a culmination of
months of research and negotiations. The updated
framework includes information relative to the role of
Sikhs and Korean Americans, among others.
5) Fiscal impact . According to the Assembly Appropriations
Committee, this bill would impose General Fund
administrative costs of at least $125,000 to CDE.
6) Technical amendments . Staff recommends the following
amendments:
a) This bill contains duplicative provisions,
one authorizes the advisory committee to take
certain action and the other requires the advisory
committee to take the same action. The provision
authorizing this action should be deleted (page 3,
lines 8-11).
b) This bill does not include the
Superintendent of Public Instruction (SPI) as a
member of the advisory committee. This bill should
be amended to specifically include the SPI as a
member.
c) On page 4, line 39, strike "commission" and
insert "advisory committee."
7) Prior and related legislation .
SB 1451 (Yee, 2010) requires the SBE to
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notify the Legislature and Governor's office if it
determines any instructional materials submitted
for consideration for adoption contain content that
meets the revised standards for social studies
curriculum in Texas. SB 1451 also requires the SBE
to ensure that the next revision of the
History-Social Science framework is consistent with
existing requirements to ensure instructional
materials include, portray accurately, encourage
and impress certain content upon pupils. SB 1451
is pending in the Assembly Appropriations
Committee.
SB 1278 (Wyland, 2010) resumes the
currently-suspended instructional materials
adoption process, and creates a new schedule for
the adoption of instructional materials beginning
with the adoption of History-Social Science in
2011. SB 1278 is scheduled to be heard in the
Assembly Education Committee on June 30, 2010.
AB 1056 (Chu, 2006) would have established
the Tolerance Education Pilot Program to promote
instruction in public schools on tolerance and
inter-group relations as part of the instruction in
the history/social science content standards. AB
1056 was vetoed by the Governor, whose message
read:
I vetoed a similar bill, AB 723 (Chu, 2005)
because it was largely duplicative of current
efforts to provide more avenues to teach about
tolerance and human rights. For example,
current law already establishes a Center for
the Excellence on the Study of the Holocaust,
Genocide, Human Rights, and Tolerance (Center)
to provide teachers the training and resources
to effectively teach about these subjects. In
addition, the State Board of Education has
adopted a Model Curriculum for Human Rights
and Genocide that is available to all schools.
Furthermore, the Center is required to submit
a report to the Administration and the
Legislature no later than January 31, 2007
outlining the activities of the Center and
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reporting the progress made in achieving its
goals. It would be prudent to review the
progress being made before any additional
actions are contemplated.
AB 723 (Chu, 2005) would have required the
SBE to integrate instruction on inter-group
relations and tolerance into existing curriculum
frameworks. AB 723 was vetoed by the Governor,
whose message read:
No one believes more strongly than I in the
importance of teaching our children tolerance
for all persons, irrespective of race, gender,
nationality, ethnicity, religious creed,
disability, or sexual orientation. However,
this bill is largely duplicative of current
efforts to provide more avenues to teach about
tolerance and human rights.
For example, current law already establishes a
Center for the Excellence on the Study of the
Holocaust, Genocide, Human Rights, and
Tolerance to provide teachers the training and
resources to effectively teach about these
subjects. In addition, the State Board of
Education has adopted a Model Curriculum for
Human Rights and Genocide that is available to
all schools. Finally, with respect to
tolerance of a more immediate nature, the
California Department of Education has posted
on its website model policies on the
prevention of bullying and hate-motivated
behavior.
SUPPORT
California State Conference of the National Association for
the Advancement of
Colored People
California Teachers Association
OPPOSITION
None received.
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