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BILL NUMBER: SB 1322 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Lowenthal
FEBRUARY 20, 2008
An act to amend Sections 38135, 44932, 44939, 45303, and 88122 of,
and to repeal Sections 38136 and 51530 of, the Education Code, and
to amend Section 1028 of, and to repeal Sections 1027.5 and 1028.1
of, the Government Code, relating to communism.
LEGISLATIVE COUNSEL'S DIGEST
SB 1322, as introduced, Lowenthal. Communism.
(1) The Civic Center Act requires the governing body of a school
district to grant the use of school property, when an alternative
location is not available, to nonprofit organizations, and clubs or
associations organized to promote youth and school activities.
Existing law also prohibits an individual, society, group, or
organization from using school property for the commission of any act
intended to further a program or movement the purpose of which is to
accomplish the overthrow of the government of the United States or
of the state by force, violence, or other unlawful means.
This bill would permit the school board to require the furnishing
of information as it deems necessary to determine that the use of
school property for which application is made would not violate that
provision. This bill would also delete provisions regarding a person
who intends to use school property on behalf of an organization to
deliver a statement, signed under penalty of perjury, that the
organization is not a Communist action organization or Communist
front organization required to be registered with the Attorney
General of the United States or does not, to the best of that person'
s knowledge, advocate the overthrow of the government of the United
States or of the State of California by force, violence, or other
unlawful means.
(2) Under existing law, a permanent or classified school employee,
or a classified community college employee may be dismissed from
employment for specified causes, including, but not limited to,
commission of a felony.
This bill would delete provisions that a permanent or classified
school employee, or a classified community college employee may be
dismissed from employment if he or she is a knowing member of the
Communist Party.
(3) Existing law prohibits a teacher from giving instruction and
prohibits a school district from sponsoring any activity that
reflects adversely upon a person because of his or her race, sex,
color, creed, handicap, national origin, or ancestry.
This bill would delete provisions that prohibit a teacher giving
instruction in a school or on property belonging to an agency
included in the public school system from teaching communism with the
intent to indoctrinate or to inculcate in the mind of any pupil a
preference for communism. The bill would also delete provisions that
a teacher may be dismissed from employment if he or she teaches
communism in that way.
(4) Under existing law, a public employee is required to answer,
under oath, specified questions, including, but not limited to,
knowing membership in an organization advocating the forceful or
violent overthrow of the government of the United States or of any
state.
This bill would delete these provisions. The bill would also
delete related findings and declarations by the Legislature regarding
communism and the Communist Party.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
BILL TEXT
INTRODUCED BY Senator Lowenthal
FEBRUARY 20, 2008
An act to amend Sections 38135, 44932, 44939, 45303, and 88122 of,
and to repeal Sections 38136 and 51530 of, the Education Code, and
to amend Section 1028 of, and to repeal Sections 1027.5 and 1028.1
of, the Government Code, relating to communism.
LEGISLATIVE COUNSEL'S DIGEST
SB 1322, as introduced, Lowenthal. Communism.
(1) The Civic Center Act requires the governing body of a school
district to grant the use of school property, when an alternative
location is not available, to nonprofit organizations, and clubs or
associations organized to promote youth and school activities.
Existing law also prohibits an individual, society, group, or
organization from using school property for the commission of any act
intended to further a program or movement the purpose of which is to
accomplish the overthrow of the government of the United States or
of the state by force, violence, or other unlawful means.
This bill would permit the school board to require the furnishing
of information as it deems necessary to determine that the use of
school property for which application is made would not violate that
provision. This bill would also delete provisions regarding a person
who intends to use school property on behalf of an organization to
deliver a statement, signed under penalty of perjury, that the
organization is not a Communist action organization or Communist
front organization required to be registered with the Attorney
General of the United States or does not, to the best of that person'
s knowledge, advocate the overthrow of the government of the United
States or of the State of California by force, violence, or other
unlawful means.
(2) Under existing law, a permanent or classified school employee,
or a classified community college employee may be dismissed from
employment for specified causes, including, but not limited to,
commission of a felony.
This bill would delete provisions that a permanent or classified
school employee, or a classified community college employee may be
dismissed from employment if he or she is a knowing member of the
Communist Party.
(3) Existing law prohibits a teacher from giving instruction and
prohibits a school district from sponsoring any activity that
reflects adversely upon a person because of his or her race, sex,
color, creed, handicap, national origin, or ancestry.
This bill would delete provisions that prohibit a teacher giving
instruction in a school or on property belonging to an agency
included in the public school system from teaching communism with the
intent to indoctrinate or to inculcate in the mind of any pupil a
preference for communism. The bill would also delete provisions that
a teacher may be dismissed from employment if he or she teaches
communism in that way.
(4) Under existing law, a public employee is required to answer,
under oath, specified questions, including, but not limited to,
knowing membership in an organization advocating the forceful or
violent overthrow of the government of the United States or of any
state.
This bill would delete these provisions. The bill would also
delete related findings and declarations by the Legislature regarding
communism and the Communist Party.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: