BILL NUMBER: SB 1451 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 19, 2010
AMENDED IN ASSEMBLY AUGUST 12, 2010
AMENDED IN ASSEMBLY JUNE 23, 2010
AMENDED IN SENATE APRIL 28, 2010
AMENDED IN SENATE MARCH 25, 2010
INTRODUCED BY Senator Yee
(Coauthor: Assembly Member Davis)
FEBRUARY 19, 2010
An act to amend Section 60050 of, and to add Section
60020.8 60049 to, the Education Code, relating
to instructional materials.
LEGISLATIVE COUNSEL'S DIGEST
SB 1451, as amended, Yee. Education: instructional materials.
Existing law provides that the State Board of Education must adopt
regulations to govern the social content reviews, as specified,
conducted at the request of a publisher or manufacturer of
instructional materials outside the primary and followup
instructional material adoption processes.
This provision remains in effect only until January 1, 2011, and
as of that date is repealed.
This bill would require the state board to inform the
Chair Chairperson of the Assembly Committee on
Education, the Chair Chairperson of the
Senate Committee on Education, and the Secretary of
for Education of content that it interprets to
be the result of a specified action by the Texas Board of
Education certain changes made to the Texas
Administrative Code . This The
bill would repeal this provision on January 1, 2016. The bill would
also require the state board, upon the next adoption of the
History-Social Science Curriculum Framework
history-social science curriculum framework , to ensure that
the framework is consistent with specified standards governing
instructional materials.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The State Board of Education, among its other
responsibilities, is charged with adopting statewide academic content
standards in core and other curriculum areas.
(b) Despite other shortcomings in education funding, California
has some of the highest academic content standards in the United
States.
(c) Section 51204.5 of the Education Code requires instruction of
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 United States of America, with
particular emphasis on portraying the role of these groups in
contemporary society.
(d) Section 60040 of the Education Code requires instructional
materials used in schools to accurately portray the cultural and
racial diversity of our society, including the contributions of both
men and women in all types of roles, including professional,
vocational, and executive roles, as well as 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 United States, and finally, the role and contributions of the
entrepreneur and labor in the total development of California and the
United States.
(e) Section 60043 of the Education Code requires instructional
materials used in schools to accurately portray, 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 United States.
(f) Section 60044 of the Education Code prohibits instructional
material to be used in schools that contains any matter reflecting
adversely upon persons because of their race, color, creed, national
origin, ancestry, sex, handicap, or occupation, as well as any
sectarian or denominational doctrine or propaganda contrary to law.
(g) On March 12, 2010, the Texas State Board of
Education, which consists of 15 elected members statewide, voted to
adopt revisions to their social studies curriculum for the 2010-11
school year (formally referred to as revisions to Texas
Administrative Code, Title 19, Chapter 113, Subchapters A-C, and
Texas Administrative Code, Title 19, Chapter 118, Subchapter A).
(h) Although not yet formally adopted, it
It is widely presumed that the proposed changes to Texas'
social studies curriculum will have a national impact on textbook
content since Texas is the second largest purchaser of textbooks in
the United States, second only to California.
(i) As proposed, the revisions are a sharp departure from widely
accepted historical teachings that are driven by an inappropriate
ideological desire to influence academic content standards for
children in public schools.
(j) The proposed changes in Texas, if adopted and
subsequently reflected in textbooks nationwide, pose a
serious threat to Sections 51204.5, 60040, 60041, 60043, and 60044 of
the Education Code as well as a threat to the apolitical nature of
public school governance and academic content standards in
California.
SEC. 2. Section 60020.8 60049 is
added to the Education Code, to read:
60020.8. 60049. (a) Upon the next
adoption of the History-Social Science Curriculum Framework
history-social science curriculum framework ,
the state board shall ensure the framework is consistent with
provisions governing instructional materials, including, but not
limited to, Sections 51204.5, 60040, 60041, 60042, 60043, 60044,
60048, 60200.5, and 60200.6.
(b) School districts shall ensure that the content of
instructional materials adopted for use in grades 9 to 12, inclusive,
is consistent with provisions governing the content of instructional
materials, including, but not limited to, Sections 51204.5, 60040,
60041, 60042, 60043, 60044, 60048, 60200.5, and 60200.6.
SEC. 3. Section 60050 of the Education Code is amended to read:
60050. (a) The state board shall adopt regulations to govern the
social content reviews conducted at the request of a publisher or
manufacturer of instructional materials outside the primary and
followup instructional material adoption processes. A social content
review is intended to determine compliance with Sections 51204.5,
60040, 60041, 60042, 60043, 60044, 60048, 60200.5, and 60200.6, and
the guidelines for social content adopted by the state board.
(b) The state board shall inform the Chair
Chairperson of the Assembly Committee on Education, the
Chair Chairperson of the Senate
Committee on Education, and the Secretary of
for Education of content that it interprets is the result of
changes to the Texas Administrative Code, Title 19, Chapter 113,
Subchapters A-C, and Texas Administrative Code, Title 19, Chapter
118, Subchapter A, that were approved on May 21, 2010, once per year
during years in which social content reviews are conducted pursuant
to this section.
(c) (1) For purposes of this section, social content reviews of
instructional materials shall be conducted by the department or its
agents for all instructional materials, as defined in subdivision (h)
of Section 60010.
(2) The department may contract with agents to conduct social
content reviews pursuant to this section.
(d) The department shall assess a fee for social content reviews
conducted pursuant to this section. The fee shall be established and
assessed pursuant to the requirements specified in subdivisions (d)
to (f), inclusive, of Section 60227, and the publishers and
manufacturers shall be provided notice of the establishment of the
fee pursuant to subdivisions (b) and (c) of Section 60227.
(e) Revenue derived from fees charged pursuant to subdivision (c)
shall be budgeted as reimbursements and subject to review through the
annual budget process and may be used to pay costs associated with
the social content review of instructional materials.
(f) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.