Bill Text: CA SB48 | 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: prohibition of discriminatory content.

Spectrum: Partisan Bill (Democrat 22-0)

Status: (Passed) 2011-07-14 - Chaptered by Secretary of State. Chapter 81, Statutes of 2011. [SB48 Detail]

Download: California-2011-SB48-Amended.html

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BILL NUMBER: SB 48	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 29, 2011

INTRODUCED BY   Senator Leno
   (Principal coauthor: Senator Kehoe)
   (Principal coauthors: Assembly Members Ammiano, Atkins, Gordon,
and Lara)
   (Coauthors: Senators  Alquist,  Hancock,  Pavley,
  Lowenthal,   Pavley,   Price, 
and Yee)
   (Coauthors: Assembly Members Allen, Blumenfield, Fong, Galgiani,
Hayashi, Huffman,  Bonnie Lowenthal,  Mendoza, Portantino,
and Yamada)

                        DECEMBER 13, 2010

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 48, as amended, Leno. Instruction: prohibition of
discriminatory content.
   Existing law requires instruction in social sciences to include a
study of the role and contributions of both men and women to the
development of California and the United States.
   This bill would require instruction in social sciences to also
include a study of the role and contributions of Native Americans,
African Americans, Mexican Americans, Asian Americans, Pacific
Islanders, European Americans, lesbian, gay, bisexual, and
transgender Americans,  persons with disabilities,  and
other ethnic and cultural groups, to the development of California
and the United States.
   Existing law prohibits instruction or school sponsored activities
that reflect adversely upon persons because of their race, sex,
color, creed, handicap, national origin, or ancestry. 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  to include   by referring to
 race or ethnicity, gender, religion, disability, nationality,
and sexual orientation, or other characteristic listed as specified.
   Existing law prohibits a governing board 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 provision to include race or ethnicity, gender, religion,
disability, nationality,  and  sexual orientation,
 and occupation,  or other characteristic listed as
specified.
   Existing law requires that when adopting instructional materials
for use in the schools, governing boards shall include materials that
accurately portray the role and contribution of culturally and
racially diverse groups including Native Americans, African
Americans, Mexican Americans, Asian Americans, and European Americans
to the total development of California and the United States.
   This bill would revise the list of culturally and racially diverse
groups to also include Pacific Islanders, lesbian, gay, bisexual,
and transgender Americans,  persons with disabilities,  and
other ethnic and cultural groups.
   Existing law provides that there shall be no discrimination on the
basis of specified characteristics in any operation of alternative
schools or charter schools.
   This bill would state the intent of the Legislature that
alternative and charter schools take notice of the provisions of this
bill in light of provisions of existing law that prohibit
discrimination in any aspect of their operation.
   This bill also would make other technical, nonsubstantive changes.

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


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, 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  reflects adversely upon
persons  promotes a discriminatory bias  on the
basis of race or ethnicity, gender, religion, disability,
nationality, 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  or   and  any
governing board shall not adopt any  textbook  
textbooks  or other instructional materials for use in the
public schools that  contains   contain 
any matter reflecting adversely upon persons on the basis of race or
ethnicity, gender, religion, disability, nationality, 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, 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 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.  A governing board shall not adopt any instructional
materials for use in the schools that, in its determination,
contains   contain  :
   (a) Any matter reflecting adversely upon persons on the basis of
race or ethnicity, gender, religion, disability, nationality, sexual
orientation,  occupation,  or because of a characteristic
listed in Section 220.
   (b) Any sectarian or denominational doctrine or propaganda
contrary to law.
  SEC. 6.  It is the intent of the Legislature that alternative and
charter schools take notice of the provisions of this act in light of
Section 235 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.