BILL NUMBER: AB 2546	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Donnelly
   (Coauthors: Assembly Members Grove and Jones)
   (Coauthor: Senator La Malfa)

                        FEBRUARY 24, 2012

   An act to repeal Sections 51501, 60040, and 60044 of, and to
repeal and add Sections 51204.5 and 51500 of, the Education Code,
relating to pupil instruction.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2546, as introduced, Donnelly. Pupil instruction: social
sciences: instructional materials.
   Existing law requires instruction in social sciences to include a
study of the role and contributions of both men and women and
specified categories of persons, including lesbian, gay, bisexual,
and transgender Americans, persons with disabilities, and members of
other ethnic and cultural groups, to the development of California
and the United States.
   This bill would require instruction in social sciences to include
the early history of California, the United States of America, and
world history. The bill would require that this instruction include
relevant and accurate historical portrayals of the role and
contributions of racial and ethnic groups. The bill would prohibit a
historical figure from being excluded from social science
instruction, instructional materials, or textbooks merely because of
membership in, or possessing a characteristic associated with, a
protected class as specified. The bill would require the study of a
person in social science instruction to be accurate and based solely
on historical significance rather than membership in a protected
class.
   Existing law prohibits instruction or school-sponsored activities
that promote a discriminatory bias because of race or ethnicity,
gender, religion, disability, nationality, sexual orientation, or
other characteristic listed as specified. Existing law prohibits the
State Board of Education and the governing board of any school
district from adopting textbooks or other instructional materials
that contain any matter that reflects adversely upon persons because
of race or ethnicity, gender, religion, disability, nationality,
sexual orientation, or other characteristic listed as specified.
   This bill, instead, would prohibit a teacher from giving
instruction calculated to promote acts of discrimination against
racial or ethnic groups and would prohibit the state board or the
governing board of a school district from adopting a textbook or
instructional materials that are calculated to promote acts of
discrimination against racial and ethnic groups.
   Existing law requires that, when adopting instructional materials
for use in the schools, governing boards of school districts include
only materials that accurately portray the role and contributions of
culturally and racially diverse groups, including Native Americans,
African Americans, Mexican Americans, Asian Americans, European
Americans, Pacific Islanders, lesbian, gay, bisexual, and transgender
Americans, persons with disabilities, and members of other ethnic
and cultural groups to the total development of California and the
United States.
   This bill would repeal this requirement.
   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.  This act shall be known and may be cited as the
Children Learning Accurate Social Sciences Act.
  SEC. 2.  Section 51204.5 of the Education Code is repealed.

   51204.5.  Instruction in social sciences shall 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 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 of America, with particular emphasis on portraying the
role of these groups in contemporary society. 
  SEC. 3.  Section 51204.5 is added to the Education Code, to read:
   51204.5.  Instruction in social sciences shall include the early
history of California, the United States of America, and world
history. This instruction shall include relevant and accurate
historical portrayals of the role and contributions of racial and
ethnic groups. A historical figure shall not be excluded from
inclusion in social science instruction, instructional materials, or
textbooks merely because of membership in, or possessing a
characteristic associated with, a protected class as defined in
Section 220. Inclusion of the study of a person in social science
instruction shall be accurate and based solely upon historical
significance rather than membership in a protected class.
  SEC. 4.  Section 51500 of the Education Code is repealed. 
   51500.  A teacher shall not give instruction and a school district
shall not sponsor any activity that promotes a discriminatory bias
on the basis of race or ethnicity, gender, religion, disability,
nationality, sexual orientation, or because of a characteristic
listed in Section 220. 
  SEC. 5.  Section 51500 is added to the Education Code, to read:
   51500.  (a) A teacher shall not give instruction that is
calculated to promote acts of discrimination against racial or ethnic
groups.
   (b) The state board or the governing board of a school district
shall not adopt a textbook or instructional materials that are
calculated to promote acts of discrimination against racial or ethnic
groups.
  SEC. 6.  Section 51501 of the Education Code is repealed. 
   51501.  The state board and any governing board shall not adopt
any textbooks or other instructional materials for use in the public
schools that contain any matter reflecting adversely upon persons on
the basis of race or ethnicity, gender, religion, disability,
nationality, sexual orientation, or because of a characteristic
listed in Section 220. 
  SEC. 7.  Section 60040 of the Education Code is repealed. 
   60040.  When adopting instructional materials for use in the
schools, governing boards shall include only instructional materials
which, in their determination, accurately portray the cultural and
racial diversity of our society, including:
   (a) The contributions of both men and women in all types of roles,
including professional, vocational, and executive roles.
   (b) The role and contributions of Native Americans, African
Americans, Mexican Americans, Asian Americans, Pacific Islanders,
European Americans, lesbian, gay, bisexual, and transgender
Americans, persons with disabilities, and members of other ethnic and
cultural groups to the total development of California and the
United States.
   (c) The role and contributions of the entrepreneur and labor in
the total development of California and the United States. 
  SEC. 8.  Section 60044 of the Education Code is repealed. 
   60044.  A governing board shall not adopt any instructional
materials for use in the schools that, in its determination, contain:

   (a) Any matter reflecting adversely upon persons on the basis of
race or ethnicity, gender, religion, disability, nationality, sexual
orientation, occupation, or because of a characteristic listed in
Section 220.
   (b) Any sectarian or denominational doctrine or propaganda
contrary to law. 
  SEC. 9.  The provisions of this act are severable. If any provision
of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.