BILL NUMBER: AB 580 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 15, 2011
INTRODUCED BY Assembly Member Davis
FEBRUARY 16, 2011
An act to add Chapter 3.9 (commencing with Section 8680)
to Part 6 of Division 1 of Title 1 of the Education Code, relating to
civil rights education. An act to amend Sections
51204.5, 51500, 51501, 60040, and 60044 of the Education
Code, relating to pupil instruction.
LEGISLATIVE COUNSEL'S DIGEST
AB 580, as amended, Davis. Civil rights education:
California Civil Rights Education Advisory Committee.
Pupil instruction: content.
(1) 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 to the economic, political, and
social development of California and the United States.
This bill would instead require that instruction 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 United States. To the extent this bill would
impose additional requirements on school districts, this bill would
impose a state-mandated local program.
(2) Existing law prohibits instruction or school
district-sponsored activities that promote a discriminatory bias
because of disability, gender, nationality, race or ethnicity,
religion, sexual orientation, or association with a person or group
with one or more of these actual or perceived characteristics.
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 their race, sex, color, creed,
handicap, national origin, or ancestry.
This bill would revise the list of characteristics included in
these provisions by referring to race, ethnicity, color, national
origin, marital status, gender, religion, disability, nationality,
and sexual orientation, or other characteristic listed, as specified.
(3) Existing law requires governing boards of school districts,
when adopting instructional materials for use in the schools, to
include instructional 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, and members of other ethnic and
cultural groups to the total development of California and the United
States.
This bill would instead require governing boards of school
districts to include instructional materials that accurately portray
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 groups listed above,
and additionally including Pacific Islanders, lesbian, gay, bisexual,
and transgender Americans, and persons with disabilities. To the
extent this bill would impose additional requirements on school
districts, this bill would impose a state-mandated local program.
(4) Existing law prohibits a governing board of a school district
from adopting instructional materials that contain any matter
reflecting adversely upon persons because of their race, color,
creed, national origin, ancestry, sex, handicap, or occupation, or
that contain any sectarian or denominational doctrine or propaganda
contrary to law.
This bill would revise the list of characteristics included in
this prohibition to include race, ethnicity, marital status,
religion, disability, nationality, sexual orientation, and
occupation, or other specified characteristic.
(5) 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 establishes the system of public elementary and
secondary schools in this state. Existing law establishes courses of
study to be pursued by elementary and secondary school pupils. The
State Department of Education is required to incorporate, into
publications that provide examples of curriculum resources for
teacher use, those materials that are age-appropriate and consistent
with subject frameworks on history and social science that deal with
civil rights, human rights violations, genocide, slavery, and the
Holocaust.
This bill would establish the 14-member California Civil Rights
Education Advisory Committee in the State Department of Education.
The bill would require the advisory committee to study and review the
history-social science framework developed by the History-Social
Science Curriculum Framework and Criteria Committee of the state
board, and advise the state board and the Curriculum Development and
Supplemental Materials Commission on the inclusion of civil rights
education in the history-social science framework and criteria for
evaluating instructional materials.
The bill would specify the leaders of the entities responsible for
the appointment of the members of the advisory committee. The bill
would provide that members of the advisory committee would receive no
compensation for their services, but would be reimbursed for the
expenses they incur while performing their duties. The State
Department of Education would be authorized to apply for, and
receive, gifts and grants from public and private sources for
purposes of supporting the expenses incurred in operating the
advisory committee.
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 51204.5 of the
Education Code is amended to read:
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, black Americans, American Indians,
Mexicans, Asians, Pacific Island people, and other ethnic groups
people of all races, colors, genders, sexual
orientations, national origins, religions, and marital statuses,
including, but not limited to, 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. 2. Section 51500 of the Education
Code is amended to read:
51500. No A teacher shall not
give instruction nor shall and a
school district shall not sponsor any activity that
promotes a discriminatory bias on the basis of race, ethnicity,
color, national origin, marital status, gender, religion, disability,
nationality, or sexual orientation, or because of a
characteristic listed in Section 220.
SEC. 3. Section 51501 of the Education
Code is amended to read:
51501. No textbook, or other instructional materials
shall be adopted by the state board or by any governing board
The state board and any governing board of a school
district shall not adopt any textbooks or other instru
ctional materials for use in the public schools which
contains that contain any matter reflecting
adversely upon persons because of their race, sex, color,
creed, handicap, national origin, or ancestry on the
basis of their race, ethnicity, color, national origin, marital
status, gender, religion, disability, nationality, or sexual
orientation, or because of a characteristic listed in Section 220
.
SEC. 4. Section 60040 of the Education
Code is amended to read:
60040. When adopting instructional materials for use in the
schools, governing boards shall include only instructional materials
which that , 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 people of all races,
colors, genders, sexual orientations, national origins,
religions, and marital statuses, including, but not limited to,
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. 5. Section 60044 of the Education
Code is amended to read:
60044. No instructional materials shall be adopted by
any governing board The governing board of a school
district shall not adopt instructional materials for use in the
schools which that , in its
determination, contains contain :
(a) Any matter reflecting adversely upon persons because
of their race, color, creed, national origin, ancestry, sex,
handicap, or occupation on the basis of their race,
ethnicity, color, national origin, marital status, gender, religion,
disability, nationality, sexual orientation, or occupation, or
because of a characteristic listed in Section 220 .
(b) Any sectarian or denominational doctrine or propaganda
contrary to law.
SEC. 6. 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. The Legislature finds and declares
both of the following:
(a) Understanding the important role of the Civil Rights Movement
in the lives of African Americans and all other Americans, and
understanding the importance of teaching California's children all of
our history, it is the goal of the Legislature to provide meaningful
support to this most important endeavor.
(b) California's role in the struggle for civil rights also needs
to be formalized and taught as a beacon of hope for all Californians.
SEC. 2. Chapter 3.9 (commencing with Section
8680) is added to Part 6 of Division 1 of Title 1 of the Education
Code, to read:
CHAPTER 3.9. CALIFORNIA CIVIL RIGHTS EDUCATION ADVISORY
COMMITTEE
8680. (a) The California Civil Rights Education Advisory
Committee is hereby established within the department.
(b) The advisory committee shall study and review the
history-social science framework developed by the History-Social
Science Curriculum Framework and Criteria Committee of the state
board, and advise the state board and the Curriculum Development and
Supplemental Materials Commission on the inclusion of civil rights
education in the history-social science framework and criteria for
evaluating instructional materials. In completing these tasks, the
advisory committee may act as a liaison with various entities,
including, but not necessarily limited to, the United States
Congress, the California Legislature, the National Association for
the Advancement of Colored People, as well as other national and
international agencies.
8681. (a) The advisory committee shall consist of 14 members, who
shall serve three-year terms. A member shall not serve more than two
terms.
(b) The members of the advisory committee shall be as follows:
(1) The Superintendent.
(2) The President of the University of California or his or her
designee.
(3) The Chancellor of the California State University or his or
her designee.
(4) The Chancellor of the California Community Colleges or his or
her designee.
(5) Ten members appointed by the Superintendent, as follows:
(A) At least two of the members appointed by the Superintendent
pursuant to this paragraph shall represent a civil rights
organization, including, but not necessarily limited to, the
California State Conference of the National Association for the
Advancement of Colored People.
(B) At least five of the members appointed by the Superintendent
pursuant to this paragraph shall be teachers at public elementary or
secondary schools.
(c) The members of the advisory committee shall be California
residents, and shall be appointed with due regard for broad
geographic representation.
(d) The advisory committee shall have a chairperson, who shall be
designated from the membership of the advisory committee.
(e) Members of the advisory committee shall receive no
compensation for the performance of their duties, but shall be
reimbursed for the expenses they incur in performing these duties.
8682. The department may apply for, and receive, gifts, grants,
and donations from any public or private sources, including, but not
necessarily limited to, federal funds and private foundation grants
for purposes of supporting the expenses incurred in operating the
advisory committee.