BILL ANALYSIS
SB 572
Page 1
Date of Hearing: June 17, 2009
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
SB 572 (Leno) - As Amended: April 20, 2009
SENATE VOTE : 24-14
SUBJECT : Harvey Milk Day: official designation
SUMMARY : Designates May 22 of each year as Harvey Milk Day, a
day of special significance. Specifically, this bill :
1)Makes Legislative findings and declarations regarding the
life, career, contributions and death of Harvey Milk.
2)Adds May 22 of each year as Harvey Milk Day to the list of
days having special significance.
3)Encourages all public schools and educational institutions to
observe this day and conduct exercises remembering the life of
Harvey Milk, as well as recognizing his accomplishments and
the contributions he made to this state.
4)Requires the Governor to annually proclaim May 22 as Harvey
Milk Day.
EXISTING LAW :
1)Requires public schools to close on or for a number of
holidays, including, January 1, Dr. Martin Luther King, Jr.
Day, Lincoln Day. Washington Day. Memorial Day, July 4, Labor
Day, Veterans Day, Thanksgiving Day, December 25, all days
appointed by the Governor or the President for a public fast,
thanksgiving or holiday, and any other day designated as a
holiday by the governing board of the school district.
2)Requires, for some specified holidays for which schools are
required to close, that schools conduct exercises or
instruction that focus students on the purpose of that
holiday.
3)Authorizes public schools to close on or for a number of other
holidays, if the governing board pursuant to an agreement
under collective bargaining agrees; these include Cesar Chavez
SB 572
Page 2
Day and Native American Day. Also authorizes public schools
to conduct exercises or instruction that focus students on the
purpose of these holidays.
4)Requires public schools to remain open, and celebrate specific
holidays with appropriate commemorative exercises, including
the anniversary of the adoption of the Constitution of the
United States, the birthday of Luther Burbank, Susan B.
Anthony Day, and the anniversary of the death of Crispus
Attucks (Black American Day).
5)Designates a number of days as days having special
significance, when public schools are encouraged to observe
and conduct suitable commemorative exercises, as specified.
These days include the Day of the Teacher, John Muir Day, and
California Poppy Day.
FISCAL EFFECT : This bill is keyed non-fiscal.
COMMENTS : According to the author, "Perhaps more than any
other modern figure, Harvey Milk's life and political career
embody the rise of the lesbian, gay, bisexual, and transgender
(LGBT) civil rights movement. He was the first openly gay
person to be elected to public office in a major city, serving
on the San Francisco Board of Supervisors from 1977-1978.
Harvey Milk's legacy as a civil rights leader is still felt
today. He was named one of TIME Magazine's most influential
people of the 20th century. Many institutions and organizations
are named for Harvey Milk to commemorate his life and social
contributions." The author also states that, "This bill would
put California on record as recognizing the social contributions
that Harvey Milk made to our nation as a civil rights leader. It
would also allow schools to conduct activities that would foster
respect for all, and educate students about an important figure
who is often omitted from history lessons."
This bill requires the Governor to proclaim May 22 as Harvey
Milk Day, and designates May 22 as a day having special
significance. This bill does not result in additional average
daily attendance or funding for a school district, nor does it
result in an additional holiday or day of school closure. The
designation of a day of special significance simply triggers
statutory encouragement for public schools to observe the day
and to conduct commemorative exercises suitable to the day, as
specified in law; however, the decision as to whether to observe
SB 572
Page 3
any day of significance or to conduct suitable commemorative
exercises is left to the local district. If this day is
observed, then suitable exercises would recognize Harvey Milk's
accomplishments, as well as the contributions that he made to
this state.
In April of 2009, administrators in Ramona Unified School
District in northern San Diego County prevented a grade 6
student enrolled in an advanced independent research project
class from presenting a factual, biographical report on Harvey
Milk to her class; other students in the class presented reports
that they had completed. The district later allowed the
presentation to be made on May 8, during non-class time, to
students who had returned parental permission slips specific to
this presentation. District officials cited district policy
regarding sex education as the reason for their actions. This
bill would provide clear authority for school districts to
conduct suitable exercises, such as this student presentation,
recognizing Harvey Milk's accomplishments and contributions each
May 22.
Committee amendments: Committee staff recommends that a
technical amendment be made to make clarifying changes to one
paragraph in the bill.
Previous legislation: AB 2567 (Leno), vetoed in 2008, was
substantially similar to this bill. SB 984 (Polanco), Chapter
213, Statutes of 2000, establishes March 31 as "Cesar Chavez
Day," establishes the Cesar Chavez Day of Service and Learning
grant program, which provided grants for activities that engaged
school pupils in community service on that day. AB 1953 (Baca),
Chapter 637, Statutes of 1998 , establishes "Native American
Day," authorizes public school governing boards to close for
this holiday (pursuant to a collective bargaining agreement),
and authorizes school districts to conduct exercises or
instruction that focuses students on the contributions of Native
Americans to this country. SB 1373 (Torres), Chapter 1011,
Statutes of 1994, authorizes public school governing boards to
close for "Cesar Chavez Day" (pursuant to a collective
bargaining agreement). SB 2410 (Rogers), Chapter 364, Statutes
of 1990, establishes the current list of days having special
significance, when public schools are encouraged to observe and
conduct suitable commemorative exercises, as specified.
REGISTERED SUPPORT / OPPOSITION :
SB 572
Page 4
Support
Ally Action
Asian Pacific American Legal Center
Anti-Defamation League
Asian Americans for Civil Rights & Equality
California Communities United Institute
California Federation of Teachers
California Teachers Association
City of Los Angeles
City of San Diego
City of San Diego Human Relations Commission
City of West Hollywood
Equality California
Gay-Straight Alliance Network
GroundSpark
Los Angeles City Council
Los Angeles Unified School District
Milk Family
National Association of Social Workers, California Chapter
Planned Parenthood Affiliates of California
San Francisco Unified School District
State Board of Equalization Chairwoman, Betty T. Yee
Walden House
Opposition
Capitol Resource Family Impact
California Family Council
Church State Council
Concerned Women for America, California
Traditional Values Coalition
Analysis Prepared by : Gerald Shelton / ED. / (916) 319-2087