BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2546
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          Date of Hearing:   April 18, 2012

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                   AB 2546 (Donnelly) - As Amended:  April 10, 2012
          
          �This bill is double referred to the Assembly Judiciary 
          Committee and will be heard as it relates to the issues under 
          its jurisdiction]
           
          SUBJECT  :   Pupil instruction: social sciences: instructional 
          materials

           SUMMARY  :  Requires instruction in the social sciences also to 
          include the development of democracy and the history of the 
          development of the United States (U.S.) Constitution and 
          requires specified historical documents be included in the 
          history-social science (H/SS) framework.  Specifically,  this 
          bill  :  

          1)Adds the Magna Carta, the Articles of Confederation, and the 
            California Constitution to the historical documents that are 
            required to be incorporated into the history-social science 
            framework and requires these documents to be incorporated 
            based on the subject matter of the course.

          2)Requires instruction in the social sciences also to include 
            the development of democracy and the history of the 
            development of the United States Constitution. 

          3)Deletes the condition that the Declaration of Independence and 
            the Constitution of the United States be included in textbooks 
            for social science history or civics classes when appropriate 
            to the comprehension of pupils.

          4)Requires a classroom in which history or the social sciences 
            is taught to have access to a copy of the California 
            Constitution.

           EXISTING LAW  :

          1)Requires the Instructional Quality Commission to ensure that 
            the following historical documents are incorporated, as 
            appropriate, into the history-social science framework:









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             a)   The Declaration of Independence.
             b)   The United States Constitution, including the Bill of 
               Rights.
             c)   The Federalist Papers.
             d)   The Emancipation Proclamation.
             e)   The Gettysburg Address.
             f)   George Washington's Farewell Address.

          2)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.

          3)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.
           
          FISCAL EFFECT  :  Unknown 

           COMMENTS  :  This bill mandates instruction in the social sciences 
          to include the development of democracy and the history of the 
          development of the United States Constitution.  The Education 
          Code already requires instruction in social science to include 
          instruction in the State and Federal Constitutions.  
          Additionally, one of the three main goals of the H/SS framework 
          is to promote democratic understanding and civic values.  To 
          this end, the H/SS content standards and framework already 
          include various areas of instruction on democracy and the U.S. 
          Constitution. Some of these standards are found in both 
          elementary and secondary grade levels.  Examples include: 

          1)A discussion of what the U.S. Constitution is and why it is 
            important and understanding the purpose of the California 
            Constitution, its key principles, and its relationship to the 
            U.S. Constitution. (Standard 4.5)

          2)A description of people and events associated with the 
            development of the U.S. Constitution and analyze the 
            Constitution's significance as the foundation of the American 
            republic. (Standard 5.7) 

          3)A discussion on the meaning of the American creed that calls 








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            on citizens to safeguard the liberty of individual Americans 
            within a unified nation, to respect the rule of law, and to 
            preserve the Constitution. (Standard 5.7.5)

          4)An understanding of the major events preceding the founding of 
            the nation and relate their significance to the development of 
            American constitutional democracy. (Standard 8.1)  

          5)An analysis of the political principles underlying the U.S. 
            Constitution and compare the enumerated and implied powers of 
            the federal government. (Standard 8.2)  

          Additionally, the grade 12 standards revolve around the 
          principles of American democracy, starting with standard 12.1, 
          which requires students to explain the fundamental principles 
          and moral values of American democracy as expressed in the U.S. 
          Constitution and other essential documents of American 
          democracy.  

          Secondly, this bill adds to the list of required documents to be 
          incorporated into the H/SS framework, the Magna Carta, the 
          Articles of Confederation, and the California Constitution.  The 
          adopted H/SS framework already includes seven references to the 
          Magna Carta, three references to the Articles of Confederation, 
          and three references to the California Constitution.  In 
          consideration that the H/SS framework already includes much of 
          the content required by this bill, the need for this bill is 
          questionable.  

          This bill deletes the condition that the Declaration of 
          Independence and the Constitution of the United States be 
          included in textbooks for social science history or civics 
          classes when appropriate to the comprehension of pupils.  This 
          Committee may wish to consider whether it is prudent to delete 
          this condition.  Deleting this language could result in 
          textbooks or classes including content regarding the Declaration 
          of Independence and the US Constitution that may not be 
          comprehensible to pupils and could impose teaching about the 
          Constitution and the Declaration of Independence regardless of 
          whether it is relevant to the subject or grade level being 
          taught.  Should this Committee wish to approve this bill,  staff 
          recommends  the bill be amended to restore the existing language. 
          On page 5, line 36 after "require" insert, "when appropriate to 
          the comprehension of pupils,"  









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          Lastly, this bill requires a classroom in which history or 
          social science is taught to have access to a copy of the 
          California Constitution.  History/social science may be taught 
          in kindergarten and grades 1-12, inclusive, hence this bill is 
          imposing a mandate for almost every classroom to have a copy of 
          the California Constitution.        
           
          The author states, "The availability of works such as the Magna 
          Carta, the Articles of Confederation and the California 
          Constitution, are integral to the broader understanding of the 
          development and maintenance of both our State and our Union as a 
          whole. With the passage of this bill, they too will be included 
          into the framework of social science curriculum where 
          appropriate.  The proposed legislation will make certain that 
          the essential spirit of liberty shall be preserved in the youth 
          of our state as it shines through the documents that are the 
          cornerstone of our democracy."  

           Related legislation  :  AB 1756 (Knight) eliminates the 
          requirement for 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, 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.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file. 

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











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