Amended IN Senate March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1435Introduced by Senator Ochoa BoghFebruary 16, 2024An act to amend Section 51206 of the Education Code, relating to pupil instruction. An act to add Section 18112 to the Education Code, relating to school materials.LEGISLATIVE COUNSEL'S DIGESTSB 1435, as amended, Ochoa Bogh. Pupil instruction: physical education. Books and other school materials: obscene matter.Existing law requires the State Board of Education to adopt standards, rules, and regulations for school library services. Existing law authorizes the governing board of a school district to exclude from schools and school libraries all books, publications, or papers of a sectarian, partisan, or denominational character.This bill would require the governing board of a school district to exclude from schools and school libraries serving pupils in preschool, transitional kindergarten, kindergarten, and grades 1 to 8, inclusive, all books, publications, or papers that contain obscene matter, as defined. To the extent these provisions would add new duties on school districts, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law requires the adopted course of study for grades 1 to 6, inclusive, to include physical education. Existing law provides that the Superintendent of Public Instruction shall employ an elementary physical education specialist to develop model curriculum standards in physical education for grades 1 to 8, inclusive, provide technical assistance to teachers, and assist school districts in the development of physical education programs.This bill would nonsubstantive changes to the latter provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Obscene material is not protected under the First Amendment, as established by the United States Supreme Court in Miller v. California (1973) 413 U.S. 15.(b) In Section 1464 of Title 18 of the United States Code, Congress prohibited broadcasting obscene material.(c) In applying that standard, the Federal Communications Commission states that federal law prohibits obscene, indecent, and profane content from being broadcast on the radio or television, and in deciding what is obscene, indecent, or profane, each type of content has a distinct definition:(1) For content to be obscene, it must meet a three-pronged test established by the United States Supreme Court: it must appeal to an average persons prurient interest; depict or describe sexual conduct in a patently offensive way; and, taken as a whole, lack serious literary, artistic, political, or scientific value.(2) Indecent content portrays sexual or excretory organs or activities in a way that is patently offensive but does not meet the three-prong test for obscenity.(3) Profane content includes grossly offensive language that is considered a public nuisance.(d) The Penal Code further recognizes obscenity as obscene matter, defining it as matter, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value.(e) If material is not acceptable to be broadcast to adults on network television or radio stations, which are both regulated as public utilities by the federal government, then the material is not suitable for display, use, or storage in public school libraries for children.SEC. 2. Section 18112 is added to the Education Code, to read:18112. The governing board of a school district shall exclude from schools and school libraries serving pupils in preschool, transitional kindergarten, kindergarten, and grades 1 to 8, inclusive, all books, publications, or papers that contain obscene matter, as defined in Section 311 of the Penal Code.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 51206 of the Education Code is amended to read:51206.(a)The Legislature hereby finds and declares that the physical fitness and motor development of children in the public elementary schools is of equal importance to that of other elements of the curriculum.(b)The Legislature further finds that, in order to improve the level of physical education in the elementary grades, the Superintendent shall, through the regular budget process, employ an elementary physical education specialist to develop model curriculum standards in physical education for grades 1 to 8, inclusive, provide technical assistance to teachers, and assist school districts in the development of physical education programs.
Amended IN Senate March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1435Introduced by Senator Ochoa BoghFebruary 16, 2024An act to amend Section 51206 of the Education Code, relating to pupil instruction. An act to add Section 18112 to the Education Code, relating to school materials.LEGISLATIVE COUNSEL'S DIGESTSB 1435, as amended, Ochoa Bogh. Pupil instruction: physical education. Books and other school materials: obscene matter.Existing law requires the State Board of Education to adopt standards, rules, and regulations for school library services. Existing law authorizes the governing board of a school district to exclude from schools and school libraries all books, publications, or papers of a sectarian, partisan, or denominational character.This bill would require the governing board of a school district to exclude from schools and school libraries serving pupils in preschool, transitional kindergarten, kindergarten, and grades 1 to 8, inclusive, all books, publications, or papers that contain obscene matter, as defined. To the extent these provisions would add new duties on school districts, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law requires the adopted course of study for grades 1 to 6, inclusive, to include physical education. Existing law provides that the Superintendent of Public Instruction shall employ an elementary physical education specialist to develop model curriculum standards in physical education for grades 1 to 8, inclusive, provide technical assistance to teachers, and assist school districts in the development of physical education programs.This bill would nonsubstantive changes to the latter provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Senate March 18, 2024
Amended IN Senate March 18, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 1435
Introduced by Senator Ochoa BoghFebruary 16, 2024
Introduced by Senator Ochoa Bogh
February 16, 2024
An act to amend Section 51206 of the Education Code, relating to pupil instruction. An act to add Section 18112 to the Education Code, relating to school materials.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1435, as amended, Ochoa Bogh. Pupil instruction: physical education. Books and other school materials: obscene matter.
Existing law requires the State Board of Education to adopt standards, rules, and regulations for school library services. Existing law authorizes the governing board of a school district to exclude from schools and school libraries all books, publications, or papers of a sectarian, partisan, or denominational character.This bill would require the governing board of a school district to exclude from schools and school libraries serving pupils in preschool, transitional kindergarten, kindergarten, and grades 1 to 8, inclusive, all books, publications, or papers that contain obscene matter, as defined. To the extent these provisions would add new duties on school districts, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law requires the adopted course of study for grades 1 to 6, inclusive, to include physical education. Existing law provides that the Superintendent of Public Instruction shall employ an elementary physical education specialist to develop model curriculum standards in physical education for grades 1 to 8, inclusive, provide technical assistance to teachers, and assist school districts in the development of physical education programs.This bill would nonsubstantive changes to the latter provision.
Existing law requires the State Board of Education to adopt standards, rules, and regulations for school library services. Existing law authorizes the governing board of a school district to exclude from schools and school libraries all books, publications, or papers of a sectarian, partisan, or denominational character.
This bill would require the governing board of a school district to exclude from schools and school libraries serving pupils in preschool, transitional kindergarten, kindergarten, and grades 1 to 8, inclusive, all books, publications, or papers that contain obscene matter, as defined. To the extent these provisions would add new duties on school districts, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the adopted course of study for grades 1 to 6, inclusive, to include physical education. Existing law provides that the Superintendent of Public Instruction shall employ an elementary physical education specialist to develop model curriculum standards in physical education for grades 1 to 8, inclusive, provide technical assistance to teachers, and assist school districts in the development of physical education programs.
This bill would nonsubstantive changes to the latter provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Obscene material is not protected under the First Amendment, as established by the United States Supreme Court in Miller v. California (1973) 413 U.S. 15.(b) In Section 1464 of Title 18 of the United States Code, Congress prohibited broadcasting obscene material.(c) In applying that standard, the Federal Communications Commission states that federal law prohibits obscene, indecent, and profane content from being broadcast on the radio or television, and in deciding what is obscene, indecent, or profane, each type of content has a distinct definition:(1) For content to be obscene, it must meet a three-pronged test established by the United States Supreme Court: it must appeal to an average persons prurient interest; depict or describe sexual conduct in a patently offensive way; and, taken as a whole, lack serious literary, artistic, political, or scientific value.(2) Indecent content portrays sexual or excretory organs or activities in a way that is patently offensive but does not meet the three-prong test for obscenity.(3) Profane content includes grossly offensive language that is considered a public nuisance.(d) The Penal Code further recognizes obscenity as obscene matter, defining it as matter, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value.(e) If material is not acceptable to be broadcast to adults on network television or radio stations, which are both regulated as public utilities by the federal government, then the material is not suitable for display, use, or storage in public school libraries for children.SEC. 2. Section 18112 is added to the Education Code, to read:18112. The governing board of a school district shall exclude from schools and school libraries serving pupils in preschool, transitional kindergarten, kindergarten, and grades 1 to 8, inclusive, all books, publications, or papers that contain obscene matter, as defined in Section 311 of the Penal Code.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 51206 of the Education Code is amended to read:51206.(a)The Legislature hereby finds and declares that the physical fitness and motor development of children in the public elementary schools is of equal importance to that of other elements of the curriculum.(b)The Legislature further finds that, in order to improve the level of physical education in the elementary grades, the Superintendent shall, through the regular budget process, employ an elementary physical education specialist to develop model curriculum standards in physical education for grades 1 to 8, inclusive, provide technical assistance to teachers, and assist school districts in the development of physical education programs.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) Obscene material is not protected under the First Amendment, as established by the United States Supreme Court in Miller v. California (1973) 413 U.S. 15.(b) In Section 1464 of Title 18 of the United States Code, Congress prohibited broadcasting obscene material.(c) In applying that standard, the Federal Communications Commission states that federal law prohibits obscene, indecent, and profane content from being broadcast on the radio or television, and in deciding what is obscene, indecent, or profane, each type of content has a distinct definition:(1) For content to be obscene, it must meet a three-pronged test established by the United States Supreme Court: it must appeal to an average persons prurient interest; depict or describe sexual conduct in a patently offensive way; and, taken as a whole, lack serious literary, artistic, political, or scientific value.(2) Indecent content portrays sexual or excretory organs or activities in a way that is patently offensive but does not meet the three-prong test for obscenity.(3) Profane content includes grossly offensive language that is considered a public nuisance.(d) The Penal Code further recognizes obscenity as obscene matter, defining it as matter, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value.(e) If material is not acceptable to be broadcast to adults on network television or radio stations, which are both regulated as public utilities by the federal government, then the material is not suitable for display, use, or storage in public school libraries for children.
SECTION 1. The Legislature finds and declares all of the following:(a) Obscene material is not protected under the First Amendment, as established by the United States Supreme Court in Miller v. California (1973) 413 U.S. 15.(b) In Section 1464 of Title 18 of the United States Code, Congress prohibited broadcasting obscene material.(c) In applying that standard, the Federal Communications Commission states that federal law prohibits obscene, indecent, and profane content from being broadcast on the radio or television, and in deciding what is obscene, indecent, or profane, each type of content has a distinct definition:(1) For content to be obscene, it must meet a three-pronged test established by the United States Supreme Court: it must appeal to an average persons prurient interest; depict or describe sexual conduct in a patently offensive way; and, taken as a whole, lack serious literary, artistic, political, or scientific value.(2) Indecent content portrays sexual or excretory organs or activities in a way that is patently offensive but does not meet the three-prong test for obscenity.(3) Profane content includes grossly offensive language that is considered a public nuisance.(d) The Penal Code further recognizes obscenity as obscene matter, defining it as matter, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value.(e) If material is not acceptable to be broadcast to adults on network television or radio stations, which are both regulated as public utilities by the federal government, then the material is not suitable for display, use, or storage in public school libraries for children.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) Obscene material is not protected under the First Amendment, as established by the United States Supreme Court in Miller v. California (1973) 413 U.S. 15.
(b) In Section 1464 of Title 18 of the United States Code, Congress prohibited broadcasting obscene material.
(c) In applying that standard, the Federal Communications Commission states that federal law prohibits obscene, indecent, and profane content from being broadcast on the radio or television, and in deciding what is obscene, indecent, or profane, each type of content has a distinct definition:
(1) For content to be obscene, it must meet a three-pronged test established by the United States Supreme Court: it must appeal to an average persons prurient interest; depict or describe sexual conduct in a patently offensive way; and, taken as a whole, lack serious literary, artistic, political, or scientific value.
(2) Indecent content portrays sexual or excretory organs or activities in a way that is patently offensive but does not meet the three-prong test for obscenity.
(3) Profane content includes grossly offensive language that is considered a public nuisance.
(d) The Penal Code further recognizes obscenity as obscene matter, defining it as matter, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value.
(e) If material is not acceptable to be broadcast to adults on network television or radio stations, which are both regulated as public utilities by the federal government, then the material is not suitable for display, use, or storage in public school libraries for children.
SEC. 2. Section 18112 is added to the Education Code, to read:18112. The governing board of a school district shall exclude from schools and school libraries serving pupils in preschool, transitional kindergarten, kindergarten, and grades 1 to 8, inclusive, all books, publications, or papers that contain obscene matter, as defined in Section 311 of the Penal Code.
SEC. 2. Section 18112 is added to the Education Code, to read:
### SEC. 2.
18112. The governing board of a school district shall exclude from schools and school libraries serving pupils in preschool, transitional kindergarten, kindergarten, and grades 1 to 8, inclusive, all books, publications, or papers that contain obscene matter, as defined in Section 311 of the Penal Code.
18112. The governing board of a school district shall exclude from schools and school libraries serving pupils in preschool, transitional kindergarten, kindergarten, and grades 1 to 8, inclusive, all books, publications, or papers that contain obscene matter, as defined in Section 311 of the Penal Code.
18112. The governing board of a school district shall exclude from schools and school libraries serving pupils in preschool, transitional kindergarten, kindergarten, and grades 1 to 8, inclusive, all books, publications, or papers that contain obscene matter, as defined in Section 311 of the Penal Code.
18112. The governing board of a school district shall exclude from schools and school libraries serving pupils in preschool, transitional kindergarten, kindergarten, and grades 1 to 8, inclusive, all books, publications, or papers that contain obscene matter, as defined in Section 311 of the Penal Code.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 3.
(a)The Legislature hereby finds and declares that the physical fitness and motor development of children in the public elementary schools is of equal importance to that of other elements of the curriculum.
(b)The Legislature further finds that, in order to improve the level of physical education in the elementary grades, the Superintendent shall, through the regular budget process, employ an elementary physical education specialist to develop model curriculum standards in physical education for grades 1 to 8, inclusive, provide technical assistance to teachers, and assist school districts in the development of physical education programs.