Existing law designates holidays on which all public schools and educational institutions shall close. Existing law designates the Monday or Friday of the week in which February 12 occurs as Lincoln Day and requires all public schools and educational institutions throughout the state to hold exercises in memory of Abraham Lincoln on the day that school is in session prior to the day on which schools are closed for that purpose. Existing law designates the third Monday in February as Washington Day and requires all public schools and educational institutions throughout the state to hold exercises in memory of George Washington on the Friday preceding.

This bill would authorize a school district, county office of education, or charter school, instead of observing Washington Day and Lincoln Day as separate school holidays, to designate the 3rd Monday in February as a single school holiday to be known as Presidents Day, if the school district, county office of education, or charter school designates May 1 as International Workers Day and closes its school, or schools, as applicable, on the Monday or Friday of the week in which May 1 occurs to observe International Workers Day. The bill would require schools that elect to observe Presidents Day and International Workers Day, pursuant to the bills provisions, to hold exercises in memory of Abraham Lincoln and George Washington and to commemorate and direct attention to the history of labor movements in the United States.

Existing law designates holidays on which all public schools and educational institutions shall close. Existing law designates the Monday or Friday of the week in which February 12 occurs as Lincoln Day and requires all public schools and educational institutions throughout the state to hold exercises in memory of Abraham Lincoln on the day that school is in session prior to the day on which schools are closed for that purpose. Existing law designates the third Monday in February as Washington Day and requires all public schools and educational institutions throughout the state to hold exercises in memory of George Washington on the Friday preceding.

Existing law designates holidays on which all public schools and educational institutions shall close. Existing law designates the Monday or Friday of the week in which February 12 occurs as Lincoln Day and requires all public schools and educational institutions throughout the state to hold exercises in memory of Abraham Lincoln on the day that school is in session prior to the day on which schools are closed for that purpose. Existing law designates the third Monday in February as Washington Day and requires all public schools and educational institutions throughout the state to hold exercises in memory of George Washington on the Friday preceding.

This bill would designate May 1 as a school holiday to be known as International Workers Day and would require public schools and educational institutions, on the day that school is in session prior to the day on which schools are closed for that purpose, to hold exercises, funded through their existing resources, commemorating and directing attention to the history of labor movements in the United States. The bill would remove Lincoln Day and Washington Day as observed school holidays, would instead designate the third Monday in February as a school holiday to be known as Presidents Day, and would require public schools and educational institutions, on the day that school is in session prior to the day on which schools are closed for that purpose, to hold exercises in memory of Abraham Lincoln and George Washington. By requiring public schools to observe new holidays, this 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.

ASSEMBLY THIRD READING

ATR Bill Id:AB 3042

Author:(Santiago)

As Amended Ver:May 3, 2018

Majority vote

SUMMARY: Authorizes school districts, county offices of education, and charter schools to designate May 1 as a holiday known as "International Workers' Day," if they also combine Lincoln Day and Washington Day into a single "Presidents' Day." Specifically, this bill:

1. Authorizes a school district, county office of education, and charter school to designate May 1 as "International Workers' Day" and close schools on the Monday or Friday of the week in which May 1 occurs, if it also:
   1. Eliminates "Lincoln Day," a holiday currently observed by schools on the Monday or Friday of the week in which February 12 occurs, and
   2. Eliminates "Washington Day," a holiday currently observed by schools on the third Monday in February, and establishes observance of "Presidents' Day" on that date, and
   3. Requires schools to hold exercises in memory of Abraham Lincoln and George Washington on the day that school is in session prior to Presidents' Day, and
   4. Requires schools to hold exercises that commemorate the history of the United States labor movement, on the day school is in session prior to the day of closure for International Workers' Day.
2. Requires, if a school district or county office of education elects to observe Presidents' Day and International Workers' Day, all classified service employees of that school district or county office of education to be entitled to paid holidays on the third Monday in February (for Presidents' Day) and on the Monday or Friday of the week in which May 1 occurs (for International Workers' Day).
3. Prohibits, if a school district or county office of education elects to observe Presidents' Day and International Workers' Day, classified service employees of that school district or county office of education from being entitled to paid holidays on February 12 (Lincoln Day) and the third Monday in February (Washington Day).

EXISTING LAW:

1. Requires all public schools and educational institutions to close in observance of certain holidays, including Lincoln Day, which is observed on the Monday or Friday of the week in which February 12 occurs; Washington Day, which is observed on the third Monday of February; and Labor Day, which is observed on the first Monday in September (Education Code Section (EC) 37220).
2. Requires all public schools and educational institutions to hold exercises in the memory of Abraham Lincoln and George Washington in advance of Lincoln Day and Washington Day, respectively. These exercises occur on the last day that school is in session prior to school closure for Lincoln Day, and on the Friday preceding school closure for Washington Day (EC 37220).
3. Requires public schools to close on any day designated as a holiday by the governing board of a school district (EC 37220).
4. Authorizes public schools to close on Cesar Chavez Day and hold exercises in the memory of Cesar Chavez on a day preceding closure for the holiday (EC 37220.5).
5. Authorizes schools to conduct commemorative exercises for "days having special significance" (EC 37222), including John Muir Day, Harvey Milk Day, and Ronald Reagan Day.
6. Requires that if a holiday requiring closure falls on a Saturday or Sunday, schools shall close on the preceding Friday or following Monday, respectively (EC 37220).
7. Prohibits school districts from offering less than 180 days of instruction per school year (EC 46200).
8. Requires classified service employees to be entitled to specified paid holidays, including Lincoln Day on February 12 and Washington Day on the third Monday in February (EC 45203).

FISCAL EFFECT: Legislative Counsel has keyed this bill as a state mandated local program.

COMMENTS:

Need for the bill. According to the author's office: "In the state of California, May is officially Labor History Month—the purpose of which is to engage students in curriculum about the history of the labor movement and to promote public awareness of the role the labor movement played in shaping California and the United States. May 1st is celebrated worldwide (except in the U.S.) as International Workers' Day to commemorate workers' struggles. In 1886, International Workers' Day was first proclaimed when American workers joined together to commemorate the Haymarket Affair and the Haymarket Martyrs, who had been wrongfully executed for their participation in a general strike for an eight hour workday and for the basic dignity of American workers. In the current political context, labor unions are under attack in an effort to destroy collective bargaining rights, dismantle the public sector, undercut living wages, and eliminate basic benefits. Today, many of California's students have never learned about the incredible struggles that workers undertook to win basic labor rights and build the middle class. In addition, many students in California do not know about the important role that immigrants have played in the labor movement and their fight to win basic human, civil, and economic rights."

School districts are required to provide 180 instruction days per year. School districts receiving local control funding formula grant apportionments are required to provide 180 instruction days per school year. According to the California Department of Education (CDE), school districts may fulfill this requirement by setting start and end dates for the school term at their own discretion. The department does not collect information on school calendars across districts. Therefore, CDE cannot definitively say that all school districts end the school term after the proposed date, May 1, for International Workers' Day.

According to the California School Boards Association, the time period surrounding May 1st is heavily scheduled with extracurricular activities, athletic events, and standardized tests, including Advanced Placement and Smarter Balanced Assessment Consortium (SBAC) exams. By authorizing, but not requiring school districts to observe International Workers' Day and Presidents Day in lieu of Lincoln Day and Washington Day, this bill gives school districts the discretion to select a holiday schedule that best fits their scheduling needs.

Analysis Prepared by: Naomi Ondrasek / ED. / (916) 319-2087 FN: 0002808

Date of Hearing: April 25, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 3042

Author:(Santiago) – As Amended Ver:April 3, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY: This bill authorizes a school district, in lieu of observing Lincoln Day and Washington Day, to observe Presidents’ Day on the third Monday in February and International Workers’ Day on the first of May and requires schools to hold exercises in memory of Abraham Lincoln the day before President’s Day and hold exercises commemorating labor movements in the United States the school day before International Worker’s Day.

FISCAL EFFECT:

No additional costs.

COMMENTS:

1. Current Law. Current law requires all schools to provide 180 instructional per school year. Schools may fulfill this requirement at their discretion by setting start and end dates for the school term. Law also designates certain holidays all public schools must observe, including Labor Day, Thanksgiving, Memorial Day, and Veteran’s Day. In addition, schools are required to observe Dr. Martin Luther King, Jr. Day, Lincoln Day, and Washington Day and must hold exercises in memory of these individuals the school day before the holiday.
2. Staff Recommendation. Staff recommends an amendment to Section 45203 of the Education Code that would, consistent with current law for Washington Day and Lincoln Day, deem President’s Day and International Workers’ Day paid holidays if school districts choose to observe them.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: March 21, 2018

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 3042 (

Author:Santiago) – As Introduced Ver:February 16, 2018

SUBJECT: School holidays: “International Workers’ Day” and “Presidents’ Day.”

SUMMARY: Consolidates Washington Day and Lincoln Day into “President’s Day,” and adds “International Workers’ Day” to the list of holidays observed by public schools. Specifically, this bill:

1. Eliminates “Lincoln Day,” a holiday currently observed by schools on the Monday or Friday of the week in which February 12 occurs.
2. Eliminates “Washington Day,” a holiday currently observed by schools on the third Monday in February, and establishes observance of “Presidents’ Day” on that date.
3. Requires all public schools and educational institutions to hold exercises in memory of Abraham Lincoln and George Washington, on the day that school is in session prior to Presidents’ Day.
4. Adds May 1^st, designated as “International Workers’ Day,” to the list of required school holidays.
5. On the last day school is in session prior to the day of school closure for International Workers’ Day, requires all public schools and educational institutions to hold exercises commemorating the history of the labor movement in the United States.

EXISTING LAW:

1. Requires all public schools and educational institutions to close in observance of certain holidays, including Lincoln Day, which is observed on the Monday or Friday of the week in which February 12 occurs; Washington Day, which is observed on the third Monday of February; and Labor Day, which is observed on the first Monday in September (EC 37220).
2. Requires all public schools and educational institutions to hold exercises in the memory of Abraham Lincoln and George Washington in advance of Lincoln Day and Washington Day, respectively. These exercises occur on the last day that school is in session prior to school closure for Lincoln Day, and on the Friday preceding school closure for Washington Day (EC 37220).
3. Requires public schools to close on any day designated as a holiday by the governing board of a school district (EC 37220).
4. Authorizes public schools to close on Cesar Chavez Day and hold exercises in the memory of Cesar Chavez on a day preceding closure for the holiday (EC 37220.5).
5. Authorizes schools to conduct commemorative exercises for “days having special significance” (EC 37222), including John Muir Day, Harvey Milk Day, and Ronald Reagan Day.
6. Requires that if a holiday requiring closure falls on a Saturday or Sunday, schools shall close on the preceding Friday or following Monday, respectively (EC 37220).
7. Prohibits school districts from offering less than 180 days of instruction per school year (EC 46200).

FISCAL EFFECT: Legislative Counsel has keyed this bill as a state mandated local program.

COMMENTS:

Need for the bill. According to the author’s office: “In the state of California, May is officially Labor History Month—the purpose of which is to engage students in curriculum about the history of the labor movement and to promote public awareness of the role the labor movement played in shaping California and the United States. May 1st is celebrated worldwide (except in the U.S.) as International Workers’ Day to commemorate workers’ struggles. In 1886, International Workers’ Day was first proclaimed when American workers joined together to commemorate the Haymarket Affair and the Haymarket Martyrs, who had been wrongfully executed for their participation in a general strike for an eight hour workday and for the basic dignity of American workers. In the current political context, labor unions are under attack in an effort to destroy collective bargaining rights, dismantle the public sector, undercut living wages, and eliminate basic benefits. Today, many of California’s students have never learned about the incredible struggles that workers undertook to win basic labor rights and build the middle class. In addition, many students in California do not know about the important role that immigrants have played in the labor movement and their fight to win basic human, civil, and economic rights.”

International Workers’ Day, also known as “May Day.” According to the National Museum of American History, variants of May Day have been celebrated for hundreds of years. Although it was once a celebration of the spring season, more recently May Day has become a holiday that celebrates laborers and the working class. In some countries, the holiday also commemorates the efforts of workers to promote fair labor practices in their countries. In contrast to the United States, International Workers’ Day is a national holiday celebrated on May 1^st in Canada and Mexico, as well as in numerous Asian, European, South American, and African countries.

In 1955—during the red scare, an era of anti-Communism in America—Congress issued a resolution that designated May 1^st as “Loyalty Day,” a holiday “set aside as a special day for the reaffirmation of loyalty to the United States and for the recognition of the heritage of American freedom.” Each president since passage of this resolution has issued a statement marking Loyalty Day; according to National Public Radio, in May 2017, President Donald Trump identified Loyalty Day as an opportunity to “express our country’s loyalty to individual liberties, limited government, and to the inherent dignity of every human being.”

Although the United States now celebrates Labor Day in September, May 1^st remains a landmark advocacy day on which citizens and labor unions stage marches and protests, in an effort to draw attention to issues concerning workers’ rights. Recent examples of protests occurring on May 1^st include the Occupy Wall Street protests, held on May 1, 2012 in a number of cities to highlight economic inequality, and a protest held on May 1, 2017 to draw attention to President Trump’s economic and immigration policies.

Labor Day also commemorates the labor movement. According to the United States Department of Labor, Labor Day was established to commemorate the social and economic achievements of American workers. The holiday began as a state-led initiative, but with the passage of a Congressional Act in 1894, the first Monday of September was officially designated Labor Day. Closures of public schools are required on Labor Day throughout California; however, current law does not require that schools hold exercises commemorating Labor Day.

School districts are required to provide 180 instruction days per year. School districts receiving local control funding formula grant apportionments are required to provide 180 instruction days per school year. According to the California Department of Education (CDE), school districts may fulfill this requirement by setting start and end dates for the school term at their own discretion. The department does not collect information on school calendars across districts. Therefore, CDE cannot definitively say that all school districts end the school term after the proposed date, May 1, for International Workers’ Day.

Although the bill does not change the total number of holidays that require school closure, mandating closure on May 1 may pose scheduling concerns for some school districts. According to the California School Boards Association, the time period surrounding May 1^st is heavily scheduled with extracurricular activities, athletic events, and standardized tests, including Advanced Placement and Smarter Balanced Assessment Consortium (SBAC) exams. The committee may wish to consider whether school districts would benefit from more flexibility than this bill allows, to schedule school closures in a manner that is appropriate to their needs during this busy time of year. Staff recommends the bill be amended to require school districts to choose between one of the following holiday schedules:

• • • 1. Observance of Lincoln Day and Washington Day, but not International Workers’ Day (the currently mandated holiday schedule)
      2. Observe Presidents’ Day (in lieu of Lincoln Day and Washington Day) and International Workers’ Day

Related legislation. AB 2165 (Low and Bonta) of this Session would add the day on which a statewide general election is held, on the first Tuesday after the first Monday in November of any even-numbered year, to the list of holidays that require public school closure.

REGISTERED SUPPORT / OPPOSITION:

Support

California Federation of Teachers (Sponsor)

San Francisco Unified School District

Service Employees International Union, California

Opposition

None received

Analysis Prepared by: Naomi Ondrasek / ED. / (916) 319-2087