BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 779
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          Date of Hearing:   June 22, 2011

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                      SB 779 (Lieu) - As Amended:  March 3, 2011

           SENATE VOTE :   32-7
           
          SUBJECT  :   Pupil instruction: economics: personal finances
          
           SUMMARY  :   Supports the inclusion of personal finance topics in 
          K-12 curriculum and instruction.  Specifically,  this bill  :   

          1)Authorizes a school district to include instruction related to 
            the understanding of personal finances, including, but not 
            limited to, budgeting, savings, credit, and identity theft in 
            the one-semester course in economics required for high school 
            graduation.

          2)Requires the California Department of Education (CDE) to 
            consider developing a personal finances curriculum in the next 
            cycle in which the history and social science curriculum 
            framework is adopted.

           EXISTING LAW  :

          1)Recognizes the existence of specialized financial institutions 
            that provide services, including, but not limited to, 
            financial literacy training, to underserved communities. 

          2)Requires that social sciences, health, and mathematics 
            textbooks and curriculum frameworks integrate specified 
            components, including financial preparedness.

          3)Requires the Superintendent of Public Instruction, with the 
            approval of the State Board of Education, to plan and develop 
            a one-semester course entitled consumer economics, which 
            includes instruction on the uses and costs of credit, for use 
            in schools maintaining any of grades 7 to 12, inclusive.  

          4)Requires students to complete a one-semester course in 
            economics as a condition for graduation from high school.

          5)Allows, through permissive authority granted in the Education 
            Code, for the governing board of any school district to 








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            initiate and carry on any program, activity, or otherwise act 
            in any manner which is not in conflict with or inconsistent 
            with, or preempted by, any law and which is not in conflict 
            with the purposes for which school districts are established.

           FISCAL EFFECT  :   According to the Senate Appropriations 
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :   This bill makes two proposals: 1) to authorize 
          school districts to provide instruction in personal finance as 
          part of the one-semester economics course required for 
          graduation, and 2) to require the CDE to consider development, 
          and thus inclusion, of personal finances curriculum in the next 
          adoption of the history-social science curriculum framework. 

          Financial literacy and use of consumer credit is already 
          provided for to some extent in model courses, textbooks and 
          curriculum frameworks.  Many students also already receive 
          instruction of this nature as part of the required one-semester 
          course in economics, though the extent or existence of personal 
          finance instruction in that course is dependent upon how the 
          course is designed and taught by the individual teacher.  Some 
          students also receive instruction in personal financial literacy 
          and use of credit in Life Skills courses taught in Home 
          Economics or other more specialized instructional areas.  
          Current law requires that the Superintendent of Public 
          Instruction, with the approval of the State Board of Education, 
          plan and develop a one-semester instructional program entitled 
          consumer economics for use in schools maintaining any of grades 
          7 through 12, and that the program be made available to all 
          school districts and schools with those grades.  This program 
          must include information on the fundamentals of banking for 
          personal use, elementary contracts, consumer guides to 
          purchasing, uses and costs of credit, types and costs of 
          insurance, and forms of governmental taxation.  However there is 
          no requirement on school districts to adopt this course or any 
          other that provides instruction in this area.  It is clear, 
          then, that some students in California schools never receive 
          instruction in the area of personal finance and the use of 
          credit.

          It has been argued in previous bills making similar proposals, 
          that the teaching of financial literacy skills is vital to equip 
          California's young people with the tools they need to enter the 
          financial market place. It has also been argued that a lack of 








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          financial knowledge is especially problematic for the most 
          vulnerable members of our society, since the poor, elderly, and 
          minority groups are often victims of fraud and deception, 
          predatory lending, and other such abuses; experiences during the 
          years prior to the start of the current financial crisis in the 
          United States appear to be proof of these problems.



          It should be noted that the first proposal in this bill, to 
          authorize a school district to include any specific topic or 
          information in its instructional program, is unnecessary.  
          Education Code section 35160 expressly grants broad legislative 
          power to school districts, and establishes a permissive default 
          in the Education Code.  Since the Education Code, unlike any 
          other state code, is permissive, local education agencies have 
          the ability to take actions and implement programs as long as it 
          is not in conflict with the purposes for which the state's 
          schools are established or with specific prohibitions in code.  
          In other words, a school district may choose to implement (or 
          not) any program or action, unless it is prohibited (or 
          required) by state or federal law, would work against the 
          educational improvement of its students, or would in some way 
          violate students' constitutional rights.  Since there are no 
          statutory or constitutional prohibitions against a school 
          district instructing its pupils in the area of personal finance, 
          any school district may choose to offer such instruction even 
          without the specific authority granted in this bill.  The first 
          proposal in this bill, however, would serve to emphasize the 
          importance of instruction in personal finance.



          Committee Amendments:  Committee staff recommends that the bill 
          be amended to reflect the more common description of the content 
          area under which economics and the proposed personal finances 
          curriculum fall - "history-social science".  This change 
          conforms to the most common usage in statute and to previous 
          versions of the history-social science curriculum frameworks.

           Previous legislation  :  SB 1448 (Alpert), Chapter 233, Statutes 
          of 2004, reauthorized language requiring the State Board of 
          Education to adopt statewide academically rigorous content 
          standards in the core curriculum areas of reading, writing, 
          mathematics, history/social science and science to serve as the 








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          basis for assessing the academic achievement of individual 
          pupils and of schools, school districts, and the California 
          education system. The grade 12 history/social science standards 
          focus on Principles of American Democracy and Economics.  SB 
          1213 (Hart), Chapter 1158, Statutes of 1985, revises high school 
          graduation requirements by to include one semester in American 
          government and civics and one semester in economics.  The bill 
          also appropriated $300,000 to the California State University to 
          supplement existing funding for the Centers for Economic 
          Education, which disseminate information to schools and provide 
          K-12 teacher training in economics.

          Bills on personal finance and related subjects have often 
          appeared on the legislative calendar over the previous five 
          sessions.  AB 448 (Torres), held in the Assembly Appropriations 
          Committee in 2009, would have required the Department of 
          Consumer Affairs to create and improve financial literacy (FL) 
          programs.  AB 550 (Lieu), held in the Assembly Appropriations 
          Committee in 2009, would have established the California 
          Financial Literacy Initiative for the purpose of providing 
          financial resources and instruction to Californians to improve 
          financial literacy.  AB 1122 (Duvall), held in the Assembly 
          Appropriations Committee in 2009, would have required the CDE to 
          develop and make available to school districts information 
          regarding instruction on the consumer credit system, including 
          its history, the manner of obtaining credit, the proper use of 
          credit, understanding credit reports, the correction of an 
          erroneous credit report, and ways of improving a credit report.  
          AB 1950 (Lieu), vetoed in 2006, would have permitted school 
          districts to provide instruction in economics courses related to 
          the understanding of personal finances, including budgeting, 
          savings, credit, and identity theft, and requires the Department 
          of Education to consider including a personal finances 
          curriculum in the next history/social science adoption cycle.  
          AB 2787 (Niello), held in Assembly Appropriations in 2006, would 
          have required a personal finances component to be added to the 
          content standards for economics in the history/social science 
          curriculum.  ACR 6 (Koretz), Resolution Chapter 6, Statutes of 
          2005-2006, made April of 2005, Financial Literacy Month.  ACR 
          120 (Niello), Resolution Chapter 34, Statutes of 2005-2006, made 
          April, 2006, Financial Literacy Month.  AB 1492 (Evans), as 
          introduced in 2005, required the CDE to create a finance 
          sub-curriculum to be added to the history/social science 
          curriculum; the bill was later amended to a different subject 
          matter.  AB 2435 (Wiggins), vetoed in 2004, was nearly identical 








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          to AB 1492.  AB 707 (Correa), held in Assembly Appropriations in 
          2003, would have required the State Board of Education to 
          establish a Personal Financial Management Task Force to develop 
          educational programs that would instruct pupils in comprehensive 
          personal financial management in kindergarten and grades 1-12; 
          the bill also would have required this instruction to include 
          consumer education, debt management, and financial planning.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          None on file
           
            Opposition 
           
          None on file


           Analysis Prepared by  :    Gerald Shelton / ED. / (916) 319-2087