BILL NUMBER: AB 2546 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 10, 2012
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,
amend Sections 33540, 51220, and 60043 of the Education Code,
relating to pupil instruction.
LEGISLATIVE COUNSEL'S DIGEST
AB 2546, as amended, Donnelly. Pupil instruction: social sciences:
instructional materials.
(1) Existing law requires the Instructional Quality Commission to
ensure that certain historical documents are incorporated, as
appropriate, into the history-social science framework.
This bill would add the Magna Carta, the Articles of
Confederation, and the California Constitution to the historical
documents that are required to be incorporated into that framework
and would require them to be incorporated based on the subject matter
of the course.
(2) Existing law requires instruction in social sciences for
grades 7 to 12, inclusive, to provide a foundation for understanding
the history, resources, development, and government of California and
the United States of America.
This bill would require instruction in the social sciences also to
include the development of democracy and the history of the
development of the United States Constitution. To the extent that
this requirement would require additional instruction, the bill would
impose a state-mandated local program.
(3) Existing law requires the governing board of a school
district, when adopting instructional materials for use in the
schools to require, when appropriate to the comprehension of pupils,
that textbooks for social science, history, or civics classes contain
the Declaration of Independence and the United States Constitution.
This bill would delete the condition that these documents be
included when appropriate to the comprehension of pupils and would
require that a classroom in which history or the social sciences is
taught have access to a copy of the California Constitution. By
requiring certain classrooms to have access to a copy of the
California Constitution, the bill would impose a state-mandated local
program.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
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 yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 33540 of the
Education Code is amended to read:
33540. (a) The State Board of Education
state board and the department shall request that the
commission review and revise, as necessary, the course requirements
in the history-social science framework developed by the
History-Social Science Curriculum Framework and Criteria Committee of
the state board to ensure that minimum standards for courses in
American government and civics include sufficient attention to
teaching pupils how to interact, in a practical manner, with state
and local governmental agencies and representatives to solve problems
and to petition for changes in laws and procedures.
(b) When the history-social science framework is revised as
required by law, the commission shall ensure that the following
historical documents are incorporated into the framework, as
appropriate , based on the subject matter of the course :
(1) The Declaration of Independence.
(2) The United States Constitution, including the Bill of Rights.
(3) The Federalist Papers.
(4) The Emancipation Proclamation.
(5) The Gettysburg Address.
(6) George Washington's Farewell Address.
(7) The Magna Carta.
(8) The Articles of Confederation.
(9) The California Constitution.
SEC. 2. Section 51220 of the Education
Code is amended to read:
51220. The adopted course of study for grades 7 to 12, inclusive,
shall offer courses in the following areas of study:
(a) English, including knowledge of and appreciation for
literature, language, and composition, and the skills of reading,
listening, and speaking.
(b) Social sciences, drawing upon the disciplines of anthropology,
economics, geography, history, political science, psychology, and
sociology, designed to fit the maturity of the pupils. Instruction
shall provide a foundation for understanding the history, resources,
development, and government of California and the United States of
America , including the development of democracy and
the history of the development of the United States Constitution
; 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 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.
(c) Foreign language or languages, beginning not later than grade
7, designed to develop a facility for understanding, speaking,
reading, and writing the particular language.
(d) Physical education, with emphasis given to physical activities
that are conducive to health and to vigor of body and mind, as
required by Section 51222.
(e) Science, including the physical and biological aspects, with
emphasis on basic concepts, theories, and processes of scientific
investigation and on the place of humans in ecological systems, and
with appropriate applications of the interrelation and
interdependence of the sciences.
(f) Mathematics, including instruction designed to develop
mathematical understandings, operational skills, and insight into
problem-solving procedures.
(g) Visual and performing arts, including dance, music, theater,
and visual arts, with emphasis upon development of aesthetic
appreciation and the skills of creative expression.
(h) Applied arts, including instruction in the areas of consumer
and homemaking education, industrial arts, general business
education, or general agriculture.
(i) Career technical education designed and conducted for the
purpose of preparing youth for gainful employment in the occupations
and in the numbers that are appropriate to the personnel needs of the
state and the community served and relevant to the career desires
and needs of the pupils.
(j) Automobile driver education, designed to develop a knowledge
of the provisions of the Vehicle Code and other laws of this state
relating to the operation of motor vehicles, a proper acceptance of
personal responsibility in traffic, a true appreciation of the
causes, seriousness , and consequences of traffic
accidents, and to develop the knowledge and attitudes necessary for
the safe operation of motor vehicles. A course in automobile driver
education shall include education in the safe operation of
motorcycles.
(k) Other studies as may be prescribed by the governing board.
SEC. 3. Section 60043 of the Education
Code is amended to read:
60043. (a) When adopting instructional
materials for use in the schools, the governing board shall require
, 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.
(b) A classroom in which history or the social sciences is taught
shall have access to a copy of the California Constitution.
SEC. 4. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
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.
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.
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.
SEC. 7. Section 60040 of the Education Code is
repealed.
SEC. 8. Section 60044 of the Education Code is
repealed.
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.