BILL ANALYSIS
Bill No: AB
2567
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Dean Florez, Chair
2007-2008 Regular Session
Staff Analysis
AB 2567 Author: Leno
As Introduced: February 22, 2008
Hearing Date: June 10, 2008
Consultant: Art Terzakis
SUBJECT
Harvey Milk Day: official designation
DESCRIPTION
AB 2567 designates May 22nd of each year as "Harvey Milk
Day," a day of special significance. Specifically, this
measure:
1. Makes various legislative findings relative to Harvey
Milk's legacy as a civil rights leader and declares that
his life and social contributions have left an indelible
mark on the history of our nation and hold a special
meaning for the people of California.
2. Requires the Governor to proclaim May 22nd of each year
as Harvey Milk Day and designates that date as having
special significance in public schools and educational
facilities.
3. Encourages all public schools and educational
institutions to observe this day and conduct exercises
remembering and recognizing the life of Harvey Milk, his
accomplishments, and the contributions he made to this
state.
EXISTING LAW
Existing law requires public schools to close on or for a
number of holidays, including, January 1; Dr. Martin Luther
AB 2567 (Leno) continued
Page 2
King, Jr. Day; President Lincoln's birthday; President
Washington's birthday; Memorial Day; July 4; Labor Day;
Veteran's Day; Thanksgiving Day; December 25; all days
appointed by the Governor or the President for a public
fast, thanksgiving or holiday; and, any other day
designated as a holiday by the governing board of the
school district.
Existing law authorizes public schools to close, if the
governing board pursuant to an agreement under collective
bargaining agrees, on or for a number of other holidays,
including Cesar Chavez Day and Native American Day, and
authorizes public schools to conduct exercises or
instruction that focuses students on the purpose of these
holidays.
Existing law requires public schools to remain open and
conduct appropriate commemorative exercises to celebrate
specific holidays, including the anniversary of the
adoption of the Constitution of the United States, the
birthday of Luther Burbank, Susan B. Anthony Day, and the
anniversary of the death of Crispus Attucks (Black American
Day).
Existing law, Education Code Section 37222, designates a
number of days as days having special significance, when
public schools are encouraged to observe and conduct
suitable commemorative exercises, as specified. These days
include the Day of the Teacher, John Muir Day, and
California Poppy Day.
Existing law, Government Code 6700 et seq., requires the
Governor to proclaim various days as holidays and days of
remembrance, including among others: the third Monday in
January, as Dr. Martin Luther King, Jr. Day; the month of
February, as Black History Month; February 12th, as Lincoln
Day; February 19th, as Japanese American Evacuation Day;
March 7th, as Arbor Day; March 31st, as Caesar Chavez Day;
April 24th, as California Day of Remembrance of the
Armenian Genocide; the third Saturday in June, as
Juneteenth National Freedom Day: a day of observance;
September 9th, as Admission Day; September 28th, as
Cabrillo Day; the fourth Friday in September, as Native
American Day; the first Sunday in October, as Stepparents
Day; and, December 7th, as Pearl Harbor Day.
AB 2567 (Leno) continued
Page 3
BACKGROUND
According to the author's office, "Harvey Milk's legacy as
a civil rights leader is still felt today. He was named
one of TIME Magazine's most influential people of the 20th
century. Many institutions and organizations are named for
Harvey Milk to commemorate his life and social
contributions. Perhaps more than any other modern figure,
Harvey Milk's life and political career embody the rise of
the lesbian, gay, bisexual, and transgender (LGBT) civil
rights movement. He was the first openly gay person to be
elected to public office in a major city, serving on the
San Francisco Board of Supervisors from 1977-1978." The
author's office states that, "this measure would put
California on record as recognizing the social
contributions that Harvey Milk made to our nation as a
civil rights leader. It would also allow schools to conduct
activities that would foster respect for all, and educate
students about an important figure who is often omitted
from history lessons."
The author's office indicates that this measure primarily
proposes to designate May 22 as a day having special
significance; as such, AB 2567 does not result in
additional average daily attendance or funding for a school
district nor does it result in an additional holiday or day
of school closure. The designation of a day of
significance triggers statutory encouragement for public
schools to observe and conduct commemorative exercises
suitable to the day, as specified in law - the decision as
to whether to observe any day of significance or to conduct
suitable commemorative exercises is left to the local
education agency.
Arguments in support: Writing in support of this measure,
the California Commission on the Status of Women states
that, "lesbian, gay, bisexual, and transgender (LGBT) youth
in public schools and educational institutions face a
dearth of openly gay role models and historical figures.
Harvey Milk's significant contributions to the struggle for
LGBT equality are felt today, as even the process of coming
out in California public schools can prove lethal. AB 2567
would recognize Milk's lasting legacy as well as encourage
an open discussion about the historical and present-day
challenges faced by the LGBT community."
AB 2567 (Leno) continued
Page 4
Also writing in support, the San Francisco Unified School
District (SFUSD) "believes that sexuality and gender
tolerance should be a core component of teaching and
learning about the civil rights movement." The SFUSD
emphasizes that "Harvey Milk Day would give students,
teachers, parents, and our community an opportunity to
engage in dialogue about creating, maintaining, and
strengthening a safe and inclusive environment in schools."
Prior legislation:
SB 424 (Poochigian) Chapter 9, Statutes of 2005 , required
the Governor to proclaim April 24th of each year the
"California Day for Remembrance of the Armenian Genocide,"
in memory of the 1.5 million victims who were subjected to
torture, starvation, and murder, including death marches
into the Syrian desert, by the Rulers of the Ottoman
Turkish Empire and the exile of more than 500,000 innocent
people during the period from 1915 to 1923, inclusive, and
in honor of the survivors of those crimes against humanity.
SB 812 (Vincent) Chapter 156, Statutes of 2003 , required
the Governor to proclaim the third Saturday in June as
"Juneteenth National Freedom Day." It urged all
Californians to join in celebrating this day to honor and
reflect on the significant roles that African-Americans
have played in the history of the United States and how
they have enriched society through their steadfast
commitment to promoting freedom, brotherhood, and equality.
SB 984 (Polanco) Chapter 213, Statutes of 2000 , established
March 31 as "Cesar Chavez Day." It also established the
Cesar Chavez Day of Service and Learning grant program,
provided grants for activities that engaged school pupils
in community service on that day, and required the
Superintendent of Public Instruction to develop a model
curriculum on the life of Cesar Chavez, and, upon approval
of the State Board of Education (SBE), to distribute the
curriculum to each school.
AB 1953 (Baca), Chapter 637, Statutes of 1998 , established
"Native American Day," and authorized public school
governing boards to close for this holiday (pursuant to a
collective bargaining agreement). It also authorized
AB 2567 (Leno) continued
Page 5
school districts to conduct exercises or instruction that
focuses students on the contributions of Native Americans
to this country. Additionally, it authorized the SBE to
adopt a related model curriculum guide and required the
Governor to annually proclaim the fourth Friday in
September as "Native American Day."
SB 1373 (Torres), Chapter 1011, Statutes of 1994 ,
authorized public school governing boards to close for
"Cesar Chavez Day" (pursuant to a collective bargaining
agreement).
SB 2410 (Rogers), Chapter 364, Statutes of 1990 ,
established the current list of days having special
significance, when public schools are encouraged to observe
and conduct suitable commemorative exercises, as specified.
SUPPORT: As of June 6, 2008:
Equality California (sponsor)
Alameda County Office of Education
California Commission on the Status of Women
City and County of San Francisco
San Francisco Unified School District
OPPOSE: None on file as of June 6, 2008.
DUAL REFERRAL: Senate Education Committee
FISCAL COMMITTEE: No.
**********