BILL ANALYSIS
SB 572
Page 1
SENATE THIRD READING
SB 572 (Leno)
As Amended June 25, 2009
Majority vote
SENATE VOTE :24-14
EDUCATION 6-3
-----------------------------------------------------------------
|Ayes:|Brownley, Ammiano, | | |
| |Arambula, Buchanan, | | |
| |Carter, Eng | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Nestande, Garrick, Miller | | |
| | | | |
-----------------------------------------------------------------
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, and requires the Governor to
annually proclaim May 22 as Harvey Milk Day.
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.
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 of the United
States (U.S.) for a public fast, thanksgiving or holiday, and
any other day designated as a holiday by the governing board
of the school district.
SB 572
Page 2
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
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 U.S. Constitution, 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." The author states, "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
SB 572
Page 3
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
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.
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 a program providing 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 school districts to close for this
holiday and to conduct exercises or instruction related to
Native Americans contributions. SB 1373 (Torres), Chapter 1011,
Statutes of 1994, authorizes public school districts to close
for "Cesar Chavez Day". SB 2410 (Rogers), Chapter 364, Statutes
of 1990, establishes the current list of days having special
significance, when public schools are encouraged to conduct
suitable commemorative exercises, as specified.
SB 572
Page 4
Analysis Prepared by : Gerald Shelton / ED. / (916) 319-2087
FN: 0001580