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California Non-Discrimination Requirements for School Material (2012)

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A California "Non-Discrimination Requirements for School Material" (#11-0074) was approved for circulation in California as a contender for the November 6, 2012 ballot.

Its sponsors, however, did not submit any signatures to election officials by the deadline.

If the initiative had qualified for the ballot and been approved by the state's voters, it would have effectively repealed Senate Bill 48, a legislative bill approved by the California State Legislature and signed by Gov. Jerry Brown in 2011. SB 48 is known by its supporters as "The Fair, Accurate, Inclusive, and Respectful Education Act". It was written by Mark Leno and sponsored by Equality California and the Gay-Straight Alliance Network.[1] SB 48 requires that public school instructional materials "recognize societal contributions of various groups" and "prohibit[s] school instructional materials that reflect adversely on persons based on their ethnicity, gender, sexual orientation and other characteristics."[2]

After SB 48 was signed into law in 2011, a veto referendum measure, #11-0023, was filed by its opponents to overturn it. The attempt to use the veto referendum process is dead, since supporters of #11-0023 did not turn in sufficient signatures by the statutory deadline.

Text of measure

See also: Ballot titles, summaries and fiscal statements for California's 2012 ballot propositions


This is the ballot language of the initiated state statute. The circulation deadline for this measure was June 11, 2012.

Ballot title:

Education. Repeals Non-Discrimination Requirements for School Instruction. Initiative Statute.

Official summary:

"Repeals requirement that schools prohibit instructional materials that reflect adversely on persons based on their sexual orientation. Repeals requirement that school instructional materials recognize societal contributions of lesbian, gay, bisexual, and transgendered individuals to the economic, political, and social development of California and the United States."

Fiscal impact estimate:

"This measure would not impose additional costs on school districts."


This is the ballot language of the veto referendum attempt that did not qualify for the ballot.

Ballot title:

Referendum to Overturn Non-Discrimination Requirements for School Instruction.

Official summary:

"If signed by the required number of registered voters and filed with the Secretary of State, this petition will place on the statewide ballot a challenge to a state law previously approved by the Legislature and Governor. The law must then be approved by a majority of voters at the next statewide election to go into effect. The law would require school instructional materials to recognize societal contributions of various groups; and would prohibit school instructional materials that reflect adversely on persons based on their ethnicity, gender, sexual orientation and other characteristics."

Opponents of SB 48

"Stop SB 48" campaign logo

Paulo E. Sibaja filed the official request for a ballot title for #11-0023.

Richard Rios filed the official request for a ballot title for #11-0074.

The Family Research Council, a national conservative organization, supports the repeal of SB 48. Tony Perkins, the president of FRC, released a video that says SB 48 would force teachers into "advocating for behavior they find morally objectionable" and "impressionable children as young as 5" would be "indoctrinated into these lifestyles."[1]

Supporters of SB 48

Equality California opposed the repeal of SB 48. Equality California's Executive Director Roland Palencia said that if the measure does qualify for the ballot, friends of SB 48 would have a tough fight on their hands: "The prospects are not good if [the repeal referendum] gets to the ballot. ... I'm not under any illusion that we necessarily have any advantage on this."[1]

The Courage Campaign also opposed the repeal of SB 48.[3]

Path to the ballot

See also: California signature requirements

Sponsors of 11-0023 would have had to collect 504,760 signatures by October 12, 2011 to qualify the measure for the ballot. The letter requesting a title and summary for the proposed referendum was signed by Paulo E. Sibaja, and was received by the Attorney General of California's office on July 15, 2011.

See also: California ballot initiative petition signature costs

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