Bill Text: CA AB580 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Pupil instruction: curriculum: civil rights.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-08-16 - In committee: Held under submission. [AB580 Detail]

Download: California-2011-AB580-Amended.html

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BILL NUMBER: AB 580	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 12, 2012
	AMENDED IN SENATE  AUGUST 15, 2011

INTRODUCED BY   Assembly Member Davis

                        FEBRUARY 16, 2011

   An act to  amend Sections 51204.5, 51500, 51501, 60040,
and 60044 of   add Section 51204.8 to  the
Education Code, relating to pupil instruction.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 580, as amended, Davis. Pupil instruction:  content.
  curriculum: civil rights.  
   Existing law establishes courses of study to be provided to
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, among other things, civil
rights.  
   This bill would provide that the Legislature encourages the State
Board of Education to develop curriculum that teaches pupils about
the importance of the civil rights movement, as specified. 

   (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. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 51204.8 is added to the 
 Education Code   , to read:  
   51204.8.  The Legislature encourages the state board to develop
curriculum to teach pupils about the importance of the civil rights
movement in American history and the lives of all Americans. The
curriculum developed under this section may include, but not
necessarily be limited to, all of the following:
   (a) Issues related to social justice, power relations, diversity,
mutual respect, and civic engagement.
   (b) The definition of civil rights and the modern civil rights
movement and the tactics used by civil rights activists to achieve
social change.
   (c) A focus on the modern civil rights era and the events that
took place in the 1950s, 1960s, 1970s, and 1980s, including, but not
limited to, demonstrations, resistance, organizing, nonviolent civil
disobedience, and collective action and unity in the pursuit of fair
and equal treatment for all Americans.
    (d) A review of significant court cases, legislation,
organizations, events, monuments, literature, arts, and contributions
of men, women, and other significant figures of the modern civil
rights era.  
  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
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.  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, 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.  The state board and any governing board of a school
district 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 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
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.  The governing board of a school district shall not adopt
instructional materials for use in the schools that, in its
determination, contain:
   (a) Any matter reflecting adversely upon persons 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.