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http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_1301-1350/sb_1322_bill_20080220_introduced.html

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.