SB 48

Page 1

SENATE THIRD READING

STR Bill Id:SB 48 (Author:Leno)

As Amended Ver:March 29, 2011

Majority vote

SENATE VOTE:23-14

EDUCATION7-4

Ayes: / Brownley, Ammiano, Buchanan, Butler, Carter, Eng, Williams
Nays: / Norby, Beth Gaines, Morrell, Wagner

SUMMARY: Adds lesbian, gay, bisexual and transgender (LGBT) Americans, persons with disabilities and others to the list of groups of people whose role and contributions shall be accurately portrayed in instructional materials and included in social science instruction, and adds sexual orientation and religion to the list of characteristics that shall not be reflected adversely in adopted instructional materials. Specifically, this bill:

1)Adds LGBT Americans, European Americans, and persons with disabilities to the list of groups of people whose role and contributions to the economic, political, and social development of California and the United States (U.S.) shall be accurately portrayed in social science instruction and instructional materials adopted by local governing boards.

2)Updates terminology in the relevant sections of the Education Code to change “black Americans” to “African Americans,” "Asians" to "Asian Americans," "Pacific Island People" to "Pacific Islanders," "American Indians" to "Native Americans," and “Mexicans” to “Mexican Americans.”

3)Lists the specific characteristics (already in statute by reference) for which instruction and school sponsored activities are currently prohibited from promoting a discriminatory bias against.

4)Adds sexual orientation and religion to the list of characteristics that shall not be reflected adversely in adopted instructional materials, and prohibits the State Board of Education (SBE) and any school district from adopting textbooks or other instructional materials that contain any matter reflecting adversely upon persons on the basis of such protected characteristics and updates the terminology consistent with the listed characteristics in the Education and Penal Codes.

5)States legislative intent that alternative and charter schools take notice of this bill and another section of the Education Code, which prohibits discrimination on the basis of disability, gender, nationality, race or ethnicity, religion, sexual orientation, or other specified characteristics in any aspect of the operation of alternative and charter schools.

FISCAL EFFECT: This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS: Existing law requires instruction in the social sciences to include the historical role and contributions of men and women, black Americans, American Indians, Mexicans, Asians, Pacific Island people, and other ethnic groups to the economic, political, and social development of California and the U.S. Additionally, existing law requires that instructional materials portray accurately and equitably the cultural and racial diversity of our society, the contributions of minority groups to the development of California and the U.S. These requirements are intended to avoid stereotyping in instructional materials by showing diverse people in positive roles contributing to society.

This bill requires that social studies instruction also includes the historical contributions of LGBT Americans, European Americans, and persons with disabilities to the economic, political and social development of California and the U.S, and requires governing boards, when adopting instructional materials, to include only instructional materials, which in their determination accurately portray the contributions of all the referenced groups. In addition, this bill adds sexual orientation and religion as characteristics that shall not be portrayed adversely in instructional materials.

Instruction and instructional materials that portray the various roles and contributions of different ethnic and minority groups promote understanding of the diversity of the state and recognizes the accomplishments of all groups of people. Projecting such diversity gives pupils pride and a sense of equality of opportunity. Hence it can be argued that by requiring instruction and textbooks to include the roles and contributions of persons with disabilities and LGBT Americans, this bill ensures equal representation of all people within the curriculum. Supporters would argue that including this content in the curriculum would also have the effect of creating safer and more welcoming school environments.

The author states, "The absence of any reference to the many important historical contributions of LGBT Americans to the development of this state and nation is a powerful exception. The historically inaccurate exclusion of LGBT Americans in social sciences instruction as well as the spreading of negative stereotypes in school activities sustains an environment of discrimination and bias in school throughout California. This is a primary obstacle to addressing California’s bullying epidemic that continues to plague a majority of LGBT youth."

A 2006 research brief by the California Safe Schools Coalition titled, "LGBT Issues in the Curriculum Promotes School Safety," finds that students who learn about LGBT issues in the curriculum feel safer and report fewer mean rumors or lies spread about them, fewer reports of being made fun of because of their looks or the way they talk, and less LGBT bullying at school, thereby creating safer school climates. Lastly, the research brief found that many school districts already include LGBT issues in the curriculum and many are interested in doing so.

Due to the fiscal challenges of the state, the current framework development and instructional materials adoption activities have been suspended until the 2015-16 fiscal year. Thus it will be several years before new instructional materials for kindergarten and grades 1-8, inclusive, are adopted.

Arguments in support: Equality California, the sponsor of the bill writes, "Lesbian, gay, bisexual, and transgender students are an example of one group that is still vulnerable to discrimination in instructional materials and school activities. SB 48 would remedy this problem by adding coverage for sexual orientation and gender identity, consistent with other laws prohibiting discrimination such as the Fair Employment and Housing Act and the Unruh Civil Rights Act."

Arguments in opposition: Lighthouse Baptist Church writes, "At a time when our state lacks dollars to pay for the current needs in education, this legislature is actually considering adding more financial burden on schools to pay for new textbooks that will teach so-called 'gay history!'"

Previous legislation: SB 1437 (Kuehl) of 2006, a very similar bill, prohibited instruction or the adoption of any instructional materials that reflect adversely on persons because of their sexual orientation. SB 1437 was vetoed by then Governor Schwarzenegger with the following veto message:

No teacher or textbook in our schools should ever intentionally demean or disparage any group in our society, including discrimination based on sexual orientation.

I am vetoing Senate Bill 1437 because this bill attempts to offer vague protection when current law already provides clear protection against discrimination in our schools based on sexual orientation.

Education Code section 200 referring to Penal Code section 422.55 governing hate crimes, provides that It is the policy of the State of California to afford all persons in the public schools, equal rights and opportunities in our state educational institutions, regardless of their sex, ethnic group, race, national origin, religion, disability and sexual orientation.

Education Code section 220 expands the protection of section 200, prohibiting such discrimination in any program or activity conducted by an educational institution. In addition, Education Code section 60045, subdivision (a), provides that all instructional materials shall be accurate, objective, and current and suited to the needs and comprehension of pupils at their respective grade levels.

This protection specifically covers school programs, activities, instruction and instructional materials. I and this administration are firmly committed to the vigorous enforcement of these protections.

SB 1437 deals exclusively with Education Code sections 51500, 51501, and 60044 prohibiting instruction, materials and activities that reflect adversely on persons. Not only is this term extremely vague, and potentially confusing, but I am not aware of any published case brought under these code sections in which individuals within the protected classes have successfully protected their rights under these statutes. But courts have confirmed that individuals in the protected classes can state a legal claim for violation of education Code section 200 and 220.

Therefore, since the Education Code already specifically protects against discrimination to groups based on their sexual orientation and includes programs, instructions and instructional materials. I am vetoing this bill because the vagueness of the term reflects adversely would not strengthen this important area of legal protection from bias based on sexual orientation.

Analysis Prepared by: Marisol Aviña / ED. / (916) 319-2087

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