BILL ANALYSIS �
AB 1756
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Date of Hearing: April 11, 2012
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 1756 (Knight) - As Amended: March 26, 2012
SUBJECT : Pupil instruction: social sciences: California
history
SUMMARY : Eliminates the requirement that instruction in social
sciences include the early history of California and a study of
the role and contributions of both men and women, Native
Americans, African Americans, Mexican Americans, Asian
Americans, Pacific Islanders, European Americans, lesbian, gay,
bisexual, and transgender (LGBT) Americans, persons with
disabilities, and members of other ethnic and cultural groups,
to the economic, political, and social development of California
and the United States (U.S.), with particular emphasis on
portraying the role of these groups in contemporary society; and
instead, makes these provisions permissive.
EXISTING LAW :
1)Requires instruction in social sciences to include the early
history of California and a study of the role and
contributions of both men and women, Native Americans, African
Americans, Mexican Americans, Asian Americans, Pacific
Islanders, European Americans, LGBT Americans, persons with
disabilities, and members of other ethnic and cultural groups,
to the economic, political, and social development of
California and the U.S., with particular emphasis on
portraying the role of these groups in contemporary society.
(Education Code Section (EC) 51204.5)
2)Requires instruction in social sciences to draw upon the
disciplines of anthropology, economics, geography, history,
political science, psychology, and sociology, designed to fit
the maturity of the pupils, and to provide a foundation for
understanding the history, resources, development, and
government of California and the United States of America;
instruction in our American legal system, the operation of the
juvenile and adult criminal justice systems, and the rights
and duties of citizens under the criminal and civil law and
the State and Federal Constitutions; the development of the
American economic system, including the role of the
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entrepreneur and labor; the relations of persons to their
human and natural environment; eastern and western cultures
and civilizations; human rights issues, with particular
attention to the study of the inhumanity of genocide, slavery,
and the Holocaust, and contemporary issues. (EC 51220)
3)Requires instruction in the area of study of social sciences
to provide a foundation for understanding the wise use of
natural resources. (EC 51221)
4)Requires the adopted course of study shall to provide
instruction at the appropriate grade levels and subject areas
in personal and public safety and accident prevention, as
specified. (EC 51202)
FISCAL EFFECT : This bill is keyed non-fiscal.
COMMENTS : Current law specifies courses of study for pupils in
grades 1-12, and also requires instruction on various specific
topics. Within the social sciences, there are various specific
requirements, including instruction on the early history of
California and a study of the role and contributions of both men
and women and various minority groups to the economic,
political, and social development of California and the U.S.,
with particular emphasis on portraying the role of these groups
in contemporary society.
This bill eliminates the requirement for schools to provide
instruction on the early history of California and the roles and
contributions of members of historically underrepresented groups
to contemporary society, and instead makes these provisions
permissive.
The Legislature has previously passed measures requiring
instruction on specific subjects that are deemed noteworthy and
meritorious. Presumably that was the case when the Legislature
approved the requirement for social studies instruction to
include the roles and contributions of men and women, Native
Americans, African Americans, Mexican Americans, Asian
Americans, Pacific Islanders, European Americans, lesbian, gay,
bisexual, and transgender (LGBT) Americans, persons with
disabilities, and members of other ethnic and cultural groups to
the economic, political, and social development of California
and the U.S. Given the diversity of California's student
population, some would argue that instruction and instructional
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materials that portray the various roles and contributions of
different ethnic and other minority groups promote understanding
of the diversity of the state and recognize in a positive manner
the accomplishments of people from all backgrounds. Some may
argue that these requirements are intended to avoid stereotyping
within the curriculum by showing diverse people in positive
roles contributing to society. Projecting such diversity can
give pupils pride in their roots and a sense of equality of
opportunity. Hence it can be argued that by requiring
instruction to include the roles and contributions of members of
various ethnic and other groups ensures equal representation of
all people within the curriculum. Eliminating these
requirements, and making these provisions permissive could have
the effect of diminishing the importance of such instruction.
If left up to the discretion of each local school district,
districts may select to include, all, some, or none of these
groups in social studies instruction, which is contrary to the
intent and spirit of previous legislative efforts to ensure a
well-rounded and inclusive curriculum that is reflective of the
diversity of this state.
In recognition that other requirements for instruction exist in
other parts of the Education Code, this bill singles out a
particular area in the curriculum that deals with the
contributions of underrepresented groups, thus implying that
instruction on this subject is less important than instruction
on any other subject area that is currently required. If this
topic of instruction is seen as less important than others and
is excluded from the curriculum, many would argue that this
could potentially open the door to ethnic, cultural and other
groups of people that have been traditionally discriminated
against or excluded in the curriculum to continue to be omitted
and potentially stereotyped in the curriculum.
Reaction to SB 48 (Leno) : Last year the Legislature passed and
Governor Brown signed SB 48 (Leno), Chapter 81, Statutes of 2011
which, amongst its various provisions, added the requirement to
include the historical contributions of LGBT Americans, European
Americans, and persons with disabilities in social studies
instruction. In signing SB 48, Governor Brown issued a
statement that read in part, "History should be honest. This
bill revises existing laws that prohibit discrimination in
education and ensures that the important contributions of
Americans from all backgrounds and walks of life are included in
our history books." The enactment of SB 48 has prompted
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statewide initiatives, a referendum and a couple of legislative
measures seeking to repeal or undo parts of this law.
On July 25, 2011, a referendum to overturn the provisions of SB
48 was submitted, but the proponents failed to collect enough
signatures to place a referendum in the June 2012 ballot.
However, four proposed statewide ballot initiative measures to
repeal SB 48 or parts of SB 48 are currently being circulated.
Additionally, this bill and AB 2546 (Donnelly) seek to repeal or
undo all or parts of SB 48.
This bill is inconsistent with previous actions of this
Committee, the Legislature and the Governor in approving, not
only SB 48, but also previous legislation that made instruction
on the roles and contributions of minority groups a requirement.
This bill is also inconsistent with other requirements in law
thus potentially creating confusion with regards to instruction
requirements. This bill eliminates the requirement, and instead
makes it allowable, for social studies instruction to include
the early history of California, however a separate section of
the Education Code, requires social studies instruction to
include a foundation for understanding the history, resources,
development and government of California, thereby, creating
ambiguity as to whether instruction on California history would
be taught as part of the social science curriculum. Furthermore,
making this part of the curriculum permissive could limit
exposure to this content only to pupils in districts that choose
to include it.
Some would argue that including content that portrays the roles
and contributions of Americans from all backgrounds in the
curriculum would have the effect of creating safer and more
welcoming school environments as this type of instruction can
contribute to an atmosphere of respect in California schools. A
2006 research brief by the California Safe Schools Coalition
titled, "LGBT Issues in the Curriculum Promotes School Safety,"
finds that students who learn about LGBT issues in the
curriculum feel safer and report fewer mean rumors or lies
spread about them, fewer reports of being made fun of because of
their looks or the way they talk, and less LGBT bullying at
school, thereby creating safer school climates. Making these
provisions permissive can potentially result in limiting
opportunities for pupils to access a curriculum that that is
reflective of the diversity of the state they live in.
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Arguments in support : The author states, "With the new
requirements regarding social science instruction in K-12
education passing last year, this measure seeks to provide local
authority to school districts. AB 1756 amends the Education Code
by changing 'shall' to 'may' to allow school districts the
choice to opt out of this new law. Considering the financial
realities of education budgets, allowance for school districts
to 'opt-out' of this new social science mandate will provide
local districts a necessary tool for continued improvements in
California's classrooms."
The California Catholic Conference writes, "Local school
districts need the flexibility to interpret statewide curriculum
standards in accordance with their local community needs and
standards and to respond to their partnership with parents in
the education of children."
Arguments in opposition : The Association of California School
Administrators writes, "Simply stated, AB 1756 takes us back
more than a hundred years to a time when individuals and groups
could be excluded from the history books. AB 1756 would limit
the opportunity to learn for all students if local governing
boards selectively choose to teach history based on a local
community's preferences rather than a well rounded, universal
understanding of California's rich and diverse history."
Equality California writes, "The educational guidelines covered
by Education Code Section 51204.5 are intended to prevent
discrimination in the classroom and stereotyping based on
prejudice in instructional materials by factually representing
diverse people in positive roles contributing to society. These
guidelines also promote understanding the diversity of our state
and ensure that California students get an up-to-date education
that reflects the world we live in today. These lessons also
promote an atmosphere of safety and respect in California
schools and help students to feel self-confident and safe both
emotionally and physically. It would be a step backward for our
education system to make such lessons optional."
Related legislation : AB 2546 (Donnelly) repeals various
sections of current law dealing with the inclusion and accurate
portrayal of ethnic and other minorities in the curriculum and
instructional materials, and repeals existing prohibitions on
instruction and activities that promote discriminatory biases on
the basis of specified characteristics. AB 2546 is pending in
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this Committee.
AB 580 (Davis) requires instruction in social studies to include
a study of the role and contributions of people of all races,
colors, genders, sexual orientations, national origins,
religions, and marital statuses, including, but not limited to,
those specified categories of persons, but with updated
references, and additionally including European Americans,
lesbian, gay, bisexual, and transgender Americans, persons with
disabilities, and members of other cultural groups, to the
economic, political, and social development of California and
the U.S. Revises the list of characteristics included in school
anti-discrimination provisions. AB 580 is pending in the Senate
Rules Committee.
Previous legislation : SB 48 (Leno) Chapter 81, Statutes of
2011, adds lesbian, gay, bisexual and transgender (LGBT)
Americans, persons with disabilities and others to the list of
groups of people whose role and contributions shall be
accurately portrayed in instructional materials and included in
social science instruction, and adds sexual orientation and
religion to the list of characteristics that shall not be
reflected adversely in adopted instructional materials.
REGISTERED SUPPORT / OPPOSITION :
Support
California Catholic Conference
Palmdale School District
Traditional Values Coalition
Opposition
Adolescent Counseling Services
American Civil Liberties Union
API Equality-LA
Asian Americans for Civil Rights and Equality
Asian Communities for Reproductive Justice
Association of California School Administrators
California Foundation for Independent Living Centers
Community Health Awareness Council
Equality California
Gay, Lesbian & Straight Education Network
Gay-Straight Alliance Network
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Lambda Legal Defense and Education Fund
Mexican American Legal Defense and Educational Fund
National Association of Social Workers, California Chapter
National Center for Lesbian Rights
Our Family Coalition
Public Advocates
Queer Humboldt
Analysis Prepared by : Marisol Avi�a / ED. / (916) 319-2087