BILL ANALYSIS
SB 572
Page 1
SENATE THIRD READING
SB 572 (Leno)
As Amended August 27, 2009
Majority vote
SENATE VOTE : 24-14
EDUCATION 6-3
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|Ayes:|Brownley, Ammiano, | | |
| |Arambula, Buchanan, | | |
| |Carter, Eng | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Nestande, Garrick, Miller | | |
| | | | |
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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.
4)Contains technical provisions that avoid a potential
chaptering-out issue whereby SB 572 would nullify changes to
the Education Code proposed in AB 264 (Cook), if AB 264 is
enacted prior to SB 572.
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
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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.
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
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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
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.
This bill also includes technical provisions that would avoid a
chaptering out issue whereby SB 572 would nullify changes to the
Education Code proposed in AB 264 (Cook), if AB 264 is enacted
prior to SB 572. AB 264 proposes to add March 30 of each year
as "Welcome Home Vietnam Veterans Day" as a day having special
significance, when public schools are encouraged to observe and
conduct suitable commemorative exercises, as specified.
Previous and related legislation: AB 264 (Cook), currently in
the Assembly with concurrence in Senate amendments pending,
requires the Governor to annually proclaim March 30 as "Welcome
Home Vietnam Veterans Day," adds that day to the list of days
having special significance, and encourages all public schools
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and educational institutions to conduct exercises recognizing
the contributions of all those involved in the Vietnam War and
remembering the sacrifices they made for their country. 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.
Analysis Prepared by : Gerald Shelton / ED. / (916) 319-2087
FN: 0002452