BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1451|
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                                 THIRD READING


          Bill No:  SB 1451
          Author:   Yee (D)
          Amended:  4/28/10
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  8-0, 4/21/10
          AYES:  Romero, Huff, Alquist, Hancock, Liu, Price,  
            Simitian, Wyland
          NO VOTE RECORDED:  Maldonado

           SENATE APPROPRIATIONS COMMITTEE  :  6-3, 5/17/10
          AYES:  Kehoe, Alquist, Corbett, Leno, Wolk, Yee
          NOES:  Cox, Denham, Walters
          NO VOTE RECORDED:  Price, Wyland


           SUBJECT  :    Education:  instructional materials

           SOURCE  :     Author


           DIGEST  :    This bill requires the State Board of Education  
          (SBE) to (1) notify the Legislature and Governors 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,  
          and (2) 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.

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           ANALYSIS  :    Existing law requires that the SBE 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 follow-up instructional material adoption process.

          Existing law requires instructional materials to accurately  
          portray:

          1.The cultural and racial diversity of our society.

          2.The protection of ecological systems and the harm caused  
            by tobacco, alcohol and drugs.

          Existing law requires instructional materials to include:

          1.The contributions of men, women, and ethnic groups to the  
            development of the state and nation.

          2.The Declaration of Independence and the Constitution of  
            the United States.

          3.Dr. Martin Luther King, Jr., and the civil rights  
            movement.

          Existing law requires instructional materials to impress  
          upon the minds of certain pupils American principles, and  
          encourage thrift, fire prevention and the humane treatment  
          of animals and people.

          Existing law prohibits school districts from adopting  
          instructional materials that:

          1.In the determination of the school district, contains:

             A.    Any matter reflecting adversely upon people due to  
                race, color, creed, national origin, ancestry, sex,  
                handicap, or occupation.

             B.    Any sectarian, or denominational doctrine or  
                propaganda contrary to law.

          2.Provides any exposure to commercial brand name, product,  
            or corporate or company logo that is inconsistent with  







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            the guidelines or frameworks adopted by the SBE.

          This bill extends the sunset date on existing law which  
          provides that the SBE 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 follow-up instructional  
          material adoption process from 1/1/11 to 1/1/16.

          This bill further requires the SBE to 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.  

          Specifically, this bill requires the SBE, upon the next  
          adoption of the History-Social Science framework, to ensure  
          the framework is consistent with the following requirements  
          in existing law:

          1. Instruction of social sciences must 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 roles of these groups in contemporary  
             society.

          2. Instructional materials used in schools must 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.

          3. Instructional materials must be designed to impress upon  







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             the minds of the pupils the principles of morality,  
             truth, justice, patriotism, and a true comprehension of  
             the rights, duties, and dignity of American citizenship,  
             and to instruct them in manners and morals and the  
             principles of a free government.

          4. Instructional materials in social studies must include  
             information designed to instruct pupils on Dr. Martin  
             Luther King, Jr., the civil rights movement, and  
             contributions made by ethnic minority groups to the  
             history of the United States.

          An early stage in the instructional materials adoption  
          process is the submission by publishers of samples of  
          instructional materials to the 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  
          compliance with all of the Education Code sections  
          described in Section 51204.5 of the Education Code.

          The processes for reviewing frameworks and adopting  
          instructional materials has been suspended since July 2009,  
          pursuant to AB 2 (Evans), Chapter 2, Statutes of 2009,  
          Fourth Extraordinary Session, which, among other things,  
          prohibited the SBE from reviewing framework and adopting  
          instructional materials until the 2013-14 school year.

           Comments

          Need for the Bill  .  According to the author's office, the  
          Texas Board of Education recently voted to adopt revisions  
          to the social studies curriculum that 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.  Although not yet formally adopted, it is widely  
          presumed that the proposed changes to Texas' social studies  
          curriculum will have a national impact on the textbook  
          content since Texas is the second largest purchaser of  
          textbooks in the United States, second only to California."

           What Changes are Proposed for the Social Studies Curriculum  
          in Texas  ?  The Texas Board of Education has proposed  







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          changes to the social studies curriculum that a majority of  
          the board sees as moving away from a liberal bias; others  
          believe the proposed changes insert a conservative bias.   
          (NOTE:  For examples of propose changes, please see Senate  
          Education Committee analysis.)

           Already Part of Review  ?  The CDE is currently required to  
          conduct a social content review of instructional materials  
          submitted to the SBE for adoption.  Statute does not  
          clearly review this type of review of curriculum  
          frameworks.  However, the SBE and Curriculum Commission  
          directed the Curriculum Framework and Evaluation Criteria  
          Committee for the currently-suspended review and update of  
          the History-Social Science Framework to incorporate into  
          the evaluation criteria the portrayals that are required to  
          be included in instructional materials.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions             2010-11             2011-12          
              2013-14             Fund

           Reporting                                      $60, offset  
          by fees                             Fees*


          CPM:cm  5/19/10   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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