BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 580
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          Date of Hearing:   March 30, 2011

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                  AB 580 (Davis) - As Introduced:  February 16, 2011
           
          SUBJECT  :   Civil rights education: California Civil Rights 
          Education Advisory Committee 

           SUMMARY  :  Establishes the California Civil Rights Education 
          Advisory Committee (CCREAC) within the California Department of 
          Education (CDE), as specified, to advise the State Board of 
          Education (SBE) and the Curriculum Development and Supplemental 
          Materials Commission (Curriculum Commission) on the inclusion of 
          civil rights education in the history-social science (H/SS) 
          framework and criteria for evaluating instructional materials.  
          Specifically,  this bill  :   

          1)Requires the CCREAC to study and review the H/SS framework 
            developed by the H/SS Curriculum Framework and Criteria 
            Committee of the SBE and advise the SBE and the Curriculum 
            Commission, as specified. 

          2)Provides that in completing its tasks, the CCREAC may act as a 
            liaison with various entities, including, but not necessarily 
            limited to, the United States Congress, the California 
            Legislature, and the National Association for the Advancement 
            of Colored People (NAACP), as well as other national and 
            international agencies.

          3)Specifies that the CCREAC shall consist of 14 members who 
            shall serve a maximum of two three-year terms and shall 
            consist of the following members: 

             a)   The Superintendent of Public Instruction (SPI);

             b)   The President of the University of California (UC) or 
               his or her designee; 

             c)   The Chancellor of the California State University (CSU) 
               or his or her designee; 

             d)   The Chancellor of California Community Colleges (CCC) or 
               his or her designee; and 









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             e)   10 members appointed by the SPI, as specified.

          4)Requires the members of the CCREAC be California residents, 
            and be appointed with due regard for broad geographic 
            representation, and requires a chairperson to be designated 
            from the membership of the CCREAC.

          5)Provides that members of the CCREAC shall receive no 
            compensation for the performance of their duties, but shall be 
            reimbursed for the expenses they incur in performing their 
            duties.

          6)Authorizes the CDE to apply for, and receive, gifts, grants, 
            and donations from any public or private sources, including, 
            but not necessarily limited to, federal funds and private 
            foundation grants for purposes of supporting the expenses 
            incurred in operating the CCREAC.

          7)Makes findings and declarations relative to the importance of 
            the civil rights movement in the lives of African Americans 
            and all other Americans and the importance of teaching about 
            the civil rights movement. 

           EXISTING LAW:
           
          1)Requires the CDE to incorporate, into publications that 
            provide examples of curriculum resources for teacher use, 
            materials developed by publishers of nonfiction, trade books, 
            and primary sources, or other public or private organizations, 
            that are age-appropriate and consistent with the subject 
            frameworks on history and social science that deal with civil 
            rights, human rights violations, genocide, slavery, and the 
            Holocaust.

          2)Encourages all state and local professional development 
            activities to provide teachers with content background and 
            resources to assist in teaching about civil rights, human 
            rights violations, genocide, slavery, and the Holocaust.

          3)Provides that instructional materials adopted by the SBE for 
            social science shall 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, and requires the SBE to 
            ensure that the materials present the information in a manner 








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            consistent with the instruction provided in each grade level.

           FISCAL EFFECT  :  On an identical measure, the Senate 
          Appropriations Committee estimated the costs for operating the 
          CCREAC as over $200,000 for each year of operation.

           COMMENTS  :  This bill establishes the CCREAC to advise the SBE 
          and the Curriculum Commission on matters related to the 
          development and adoption of curriculum frameworks in H/SS, 
          specifically relating to the inclusion of civil rights movement 
          education.  

          The Curriculum Commission is established in statute to advise 
          the SBE on the adoption of Kindergarten to grade 12 (K-12) 
          curriculum frameworks and kindergarten to grade 8 (K-8) 
          instructional materials.  The 18-member Curriculum Commission 
          recommends curriculum frameworks to the SBE.  Curriculum 
          frameworks are aligned to the content standards, and provide a 
          blueprint for curriculum and instruction by describing the scope 
          and sequence of the knowledge and skills all students need to 
          master in a specific subject area.  

           Status of curriculum frameworks and instructional material 
          adoptions:   AB 2 X4 Chapter 2, Statutes of 2009-10, Fourth 
          Extraordinary Session suspends the requirement for the SBE to 
          conduct any of the activities related to the adoption of 
          instructional materials for use in K-8 through the 2012-13 
          fiscal year, and for the 2008-09 to the 2012-13 fiscal years, 
          inclusive, local educational agencies (LEAs) are not required to 
          purchase newly adopted instructional materials within 24 months 
          of adoption by the SBE.  Additionally, the funding for the 
          Curriculum Commission has been suspended and the Commission is 
          not currently meeting nor conducting any of its duties.  

          The Curriculum Commission had begun the process of updating the 
          H/SS framework for the 2011 H/SS primary adoption prior to the 
          enactment of AB 2 X4 Chapter 2, Statutes of 2009-10, Fourth 
          Extraordinary Session.  On July 17, 2009, the Curriculum 
          Commission approved the draft update of the H/SS framework for 
          field review, but due to the budget action, the field review was 
          suspended.  The CDE also suspended work related to the revision 
          of frameworks for science, health, and mathematics.  It may be 
          many years before the curriculum frameworks and instructional 
          materials processes restart.  









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           Civil rights education in the content standards and in 
          curriculum frameworks  : The existing 11th grade content standards 
          and framework in history-social science include the analysis of 
          the development of federal civil rights and voting rights, as 
          well as the history of the civil rights movement in the 25 years 
          after World War II and the social and political transformations 
          that it brought.  Additionally, the H/SS framework touches upon 
          various aspects of the civil rights movement including the 
          following: 

               Examining and analyzing the key events, policies, and 
               court cases in the evolution of civil rights, 
               including Dred Scott v. Sandford, Plessy v. Ferguson, 
               Brown v. Board of Education, Regents of the University 
               of California v. Bakke, and California Proposition 
               209. 

               Examining the roles of civil rights advocates (e.g., 
               A. Philip Randolph, Martin Luther King, Jr., Malcolm 
               X, Thurgood Marshall, James Farmer, Rosa Parks), 
               including the significance of Martin Luther King, 
               Jr.'s "Letter from Birmingham Jail" and "I Have a 
               Dream" speech. 

               Analyzing the passage and effects of civil rights and 
               voting rights legislation (e.g., 1964 Civil Rights 
               Act, Voting Rights Act of 1965) and the Twenty-Fourth 
               Amendment, with an emphasis on equality of access to 
               education and to the political process. 

               Analyzing the women's rights movement from the era of 
               Elizabeth Cady Stanton and Susan B. Anthony and the 
               passage of the Nineteenth Amendment to the movement 
               launched in the 1960s, including differing 
               perspectives on the roles of women. 

          The 8th grade standards also include units on the Civil War and 
          its consequences as well as the adoption of the 13th, 14th, and 
          15th amendments and their connection to the civil rights 
          movement of the 1960's.  An argument could be made that some key 
          aspects of the development of civil rights and the civil rights 
          movement are already addressed in existing standards and in the 
          current H/SS framework.

           An already complex process  :  The framework development and 








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          instructional materials adoption processes have been criticized 
          for being overly complex and highly prescriptive.  The process 
          that had been in place prior to the suspension of adoption 
          processes, involves several different groups, some of which 
          duplicate work.  One step in the process of developing and 
          revising curriculum frameworks involves the selection of a 
          Curriculum Framework and Criteria Committee (CFCC), which will 
          be charged with drafting the framework.  The framework is then 
          presented to the Curriculum Commission and the Curriculum 
          Commission's H/SS Subject Matter Committee (SMC), which is 
          separate from the CFCC, conducts a field review process and 
          makes necessary revisions before approving the framework and 
          criteria and before submitting it to the SBE for approval.  The 
          time involved for this process is approximately 18 months from 
          the first meeting to the approval of the framework by the SBE.  
          This bill proposes an additional step in the already lengthy and 
          complex process of developing curriculum frameworks.  

          Moreover, this bill creates a stand-alone advisory committee 
          that will focus on advising the SBE and the Curriculum 
          Commission regarding one particular aspect of the H/SS 
          curriculum.  No single historical event or figure has a 
          stand-alone committee dedicated to advising the SBE on a 
          particular matter within a subject area.  On the other hand, it 
          can be argued that civil rights education has an important role 
          in the curriculum and having a separate advisory committee to 
          focus on civil rights might help ensure the curriculum 
          highlights this subject. 

          The author states, "Hate crimes and racial tension across the 
          nation, provides a compelling reason to completely re-approach 
          the process of developing state curriculum in the field of 
          history-social science. Far too many citizens obviously do not 
          appreciate the complexity of racial, social, economic, and 
          political problems.  There is clearly a deficiency in the what, 
          and how of civil rights instruction. The impact of the Civil 
          Rights Movement cannot be understated when it comes to 
          understanding the conditions that encourage democracy to 
          prosper." 

           Arguments in support  : The Advancement Project writes, "With 
          California's long range view to improve curriculum and 
          instruction, and to improve the future of our children and 
          youth, we believe that it would be beneficial for the state 
          board and curriculum commission to receive the recommendation of 








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          a civil rights education advisory committee to ensure inclusion 
          of the history of civil rights struggles of Californians and 
          Americans who have been historically disenfranchised and 
          segregated from mainstream society."    

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Advancement Project 
          School for Integrated Academics and Technologies (SIATech)

           Opposition 
           
          None on file. 
           
          Analysis Prepared by  :    Marisol Avi�a / ED. / (916) 319-2087