BILL ANALYSIS AB 97 Page A 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 Page B 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 AB 97 Page C 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 Page D 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, AB 97 Page E 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 Page F 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 FN: 0001226