BILL ANALYSIS                                                                                                                                                                                                    




                                                                  AB 97
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          ASSEMBLY THIRD READING
          AB 97 (Torlakson)
          As Amended  June 1, 2009
          Majority vote 

           EDUCATION           8-3         APPROPRIATIONS      12-5        
           
           ------------------------------------------------------------------ 
          |Ayes:|Brownley, Ammiano,        |Ayes:|De Leon, Ammiano, Charles  |
          |     |Arambula, Buchanan,       |     |Calderon, Davis, Fuentes,  |
          |     |Carter, Eng, Solorio,     |     |Hall, John A. Perez,       |
          |     |Torlakson                 |     |Price, Skinner, Solorio,   |
          |     |                          |     |Torlakson, Krekorian       |
          |     |                          |     |                           |
          |-----+--------------------------+-----+---------------------------|
          |Nays:|Nestande, Garrick, Miller |Nays:|Nielsen, Duvall, Harkey,   |
          |     |                          |     |Miller,                    |
          |     |                          |     |Audra Strickland           |
           ------------------------------------------------------------------ 

           SUMMARY  :  Establishes a process for the review and revision of  
          the reading/language arts and mathematics academic content  
          standards.  Specifically,  this bill  :   

          1)Requires the Superintendent of Public Instruction (SPI) to  
            convene an Academic Content and Performance Standards Review  
            (ACPSR) panel, consisting of 13 members, for reading/ language  
            arts and mathematics content standards adopted by the State  
            Board of Education (SBE).

          2)Specifies that the members of each ACPSR panel shall serve a  
            two-year term at the pleasure of the appointing authority and  
            without compensation, except for reimbursement for actual and  
            necessary travel expenses, and requires each ACPSR panel to  
            consist of the following members:

             a)   Six members appointed by the Governor, four of whom  
               shall be credentialed teachers and have public school  
               classroom experience in the curriculum area and in the  
               grade levels for which they are appointed;

             b)   The SPI, or his or her designee; 

             c)   Four members appointed by the SPI, three of whom shall  









                                                                  AB 97
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               be credentialed teachers and have public school classroom  
               experience in the curriculum area and in the grade levels  
               for which they are appointed; 

             d)   One member appointed by the Senate Committee on Rules;  
               and,

             e)   One member appointed by the Speaker of the Assembly.

          3)Requires the appointing authorities to consult with each other  
            to ensure that each ACPSR panel consists of individuals with  
            expertise in the academic content or performance standards in  
            various grade levels; individuals who are knowledgeable about  
            urban and rural schools, English learners, and special  
            education; individuals from different geographical areas of  
            the state and who reflect the ethnic and gender diversity of  
            California. 

          4)Provides that each ACPSR panel shall review the content  
            standards and performance standards established in its  
            particular curriculum area to ensure that the standards meet  
            all of the specified requirements and shall recommend changes  
            to the SBE as it may deem necessary.

          5)States that if an ACPSR panel recommends changes to the  
            content or performance standards in its particular curriculum  
            area, it shall forward the recommended changes to the SBE.

          6)Requires the SBE to hold hearings on the recommended changes  
            to the standards and adopt or reject the recommended changes  
            to the standards within 120 days of their receipt from an  
            ACPSR panel, and at least two years prior to the adoption of  
            curriculum frameworks for the relevant subject area.  If the  
            recommended changes to the content or performance standards  
            submitted by an ACPSR panel are rejected, the SBE shall  
            provide a specific, written explanation of the reasons why the  
            submitted recommendations were not adopted. 

          7)Allows the ACPSR panel to modify the recommendations to  
            correct deficiencies identified by the SBE, and to resubmit  
            recommended changes for adoption by the SBE. 

          8)States that these provisions shall not be implemented unless  
            an appropriation is provided specifically for the purposes of  









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            this bill in the annual Budget Act or another statute. 

          9)Makes this bill inoperative on January 1, 2014 and repeals  
            these provisions as of January 1, 2015. 

          10)Repeals the SBE's authority to revise any proposed academic  
            content standards prior to adoption.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, one-time General Fund  administrative costs to the  
          California Department of Education (CDE) of at least $420,000 to  
          establish an ACPSR panel in reading language arts and  
          mathematics. This assumes a cost of $210,000 per panel in two  
          content areas, as specified in this measure.

           COMMENTS  :  California's content standards specify the content  
          that students need to acquire at each grade level from  
          kindergarten to grade twelve and they are the foundation for the  
          accountability system, instructional materials and staff  
          development programs.

          AB 265 (Alpert) Chapter 975, Statutes of 1995, provides for the  
          appointment of a Commission for the Establishment of Academic  
          Content and Performance Standards to make recommendations to the  
          SBE for the establishment of statewide academically rigorous  
          content standards in the core areas of reading, writing,  
          mathematics, history/social science, and science.  The standards  
          in the core areas were adopted in 1997 and 1998 and they have  
          not been revised since their initial adoption.

          The SBE has adopted content standards in the areas of  
          reading/language arts, math, history/social science, science,  
          visual and performing arts, career technical education, physical  
          education, health education, and most recently world languages.   
          The SBE is also required to adopt standards-aligned  
          instructional materials in the core areas of language arts,  
          reading, mathematics, science, social science and bilingual or  
          bicultural subjects at least once every six years, and at least  
          once every eight years in any other subject for which the SBE  
          determines the adoption of instructional materials to be  
          necessary or desirable.  The adoption of instructional materials  
          is guided by curriculum frameworks and evaluation criteria that  
          are revised and adopted 30 months prior to the adoption of  
          instructional materials.  These curriculum frameworks are  









                                                                  AB 97
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          revised and updated according to the six and eight year adoption  
          cycles, but since the standards remain the same, the changes to  
          the frameworks and consequently the adopted textbooks are  
          minimal. 

          Past legislative attempts to revise the academic content  
          standards have been unsuccessful.  Proponents of such  
          legislation have argued that the content standards should be  
          periodically reviewed and revised to reflect new developments  
          and research and that teachers should play a key role in that  
          process.  Four previous bills to revise the content standards  
          have been consistently vetoed.  Three of those bills were vetoed  
          claiming that the SBE had the authority to review and revise the  
          content standards as it deemed necessary.  

          However, a 2005 Legislative Counsel opinion states, "The State  
          Board of Education does not have the authority to revise or  
          amend the content standards required to be adopted by the board  
          after their adoption."  It is the view of the Legislative  
          Counsel that the Legislature reserved for itself the power to  
          decide if, when, and the process by which the content standards  
          should be revised or amended.  

          On January 5, 2006, Education Week released a report, "Quality  
          Counts:  A Decade of Standards Based Education" which found that  
          out of the 49 states that have adopted content standards, 32  
          states have a regular timeline for revising those standards.   
          California is one of the few states that does not have a  
          timeline nor a process for revising its academic content  
          standards.   

          The author states, "current law does not provide a mechanism by  
          which these standards, which serve as the backbone of  
          California's public education system, can be reviewed and  
          updated to reflect the most cutting edge knowledge and skills  
          appropriate in each of the subject areas."

          Prior legislation:  SB 1367 (Karnette) of 2002, requires the  
          SBE, beginning in 2010, to provide for the periodic review of  
          the adopted statewide academically, rigorous core curriculum  
          content standards and other specified standards through regional  
          hearings. 

          AB 642 (Mullin) of 2003 requires the SPI to periodically review,  









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          and the SBE to modify, the state's academic content and  
          performance standards, commencing in 2005.

          AB 2744 (Goldberg) of 2004 establishes a process for periodic  
          review and revision of the state academic content standards.

          The three bills above were vetoed with a similar veto message  
          stating that the SBE had the authority to review and revise the  
          content standards as it deems necessary and that California had  
          adopted world-class academic content standards as an essential  
          part of its school accountability system and a review process  
          was unnecessary and could result in administrative activities  
          that would yield no improvement to the academic content  
          standards.  

          AB 1100 (Mullin) of 2005 establishes a systematic procedure to  
          review and, if necessary, revise the state academic content  
          standards.  AB 1100 was held in the Assembly Appropriations  
          Committee. 

          AB 1454 (Richardson) of 2007 requires, beginning January 1,  
          2011, the SPI to appoint a content standards review panel for  
          English language arts and mathematics two years prior to the  
          adoption of the curriculum framework for each subject area.  AB  
          1454 was held in the Senate Education Committee. 

          SB 1097 (Torlakson) of 2008 establishes a process for the review  
          and revision of the state academic content standards to coincide  
          with the existing process for the revision of curriculum  
          frameworks and the adoption of instructional materials.  SB 1097  
          was vetoed by Governor Schwarzenegger with the following  
          message:

               The authorizing statute provided that the Governor  
               retain a majority of appointments to the Standards  
               Commission, followed by the Superintendent and  
               leadership in the legislature and correctly held the  
               Governor ultimately accountable to ensure a balance of  
               expertise and stakeholders participated in such a  
               critical endeavor.  This bill proposes to dilute the  
               role of the Governor.

               SB 1097 also deletes a provision codified by the  
               original statute that explicitly authorized the State  









                                                                  AB 97
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               Board of Education (Board) to modify any proposed  
               content standards prior to adoption.   Instead, it  
               only allows the Board to accept or reject proposed  
               changes.  The Board would not have authority to make  
               even minor corrections to the panel's recommended  
               changes.

               I see no compelling reason to alter the balance  
               established by the original statute in determining the  
               composition of the commission that reviewed the  
               academic content, or the process that provided for  
               recommendations to the Board for consideration,  
               modification, and approval.

               I cannot support the dilution of the authority of the  
               Governor or the State Board of Education.   
               California's content standards are too important to  
               allow for unnecessary ambiguity that could call into  
               question the very process of a historic review and  
               possible modification.

           
          Analysis Prepared by  :    Marisol Avi?a / ED. / (916) 319-2087 

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