BILL ANALYSIS SENATE COMMITTEE ON EDUCATION Gloria Romero, Chair 2009-2010 Regular Session BILL NO: AB 97 AUTHOR: Torlakson AMENDED: June 1, 2009 FISCAL COMM: Yes HEARING DATE: July 15, 2009 URGENCY: No CONSULTANT:Beth Graybill SUBJECT : Academic Content Standards SUMMARY: This bill requires the Superintendent of Public Instruction to convene Academic Content and Performance Standards Review panels for the purpose of reviewing and recommending changes to the academic content standards for reading/language arts and mathematics and repeals the authority of the State Board of Education to modify proposed standards prior to their adoption. BACKGROUND Existing law, operative until July 1, 2011, and to be repealed on January 1, 2012, requires the State Board of Education (SBE) to adopt statewide academic content standards pursuant to the recommendations of the Commission for the Establishment of Academic Content and Performance Standards, in core curriculum areas of reading, writing, and mathematics, history/social science and science to serve as the basis for assessing the academic achievement of individual pupils and of schools, school districts, and the California education system. Further, current law: 1) Permits the SBE to modify proposed content standards or performance standards prior to adoption and allows the SBE to adopt content and performance standards in individual core curriculum areas as those standards are submitted to the SBE. 2) Requires the SBE to adopt statewide performance standards in the core curriculum areas of reading, writing, mathematics, history/social science, and science based on recommendations made by the AB 97 Page 2 Superintendent of Public Instruction (SPI) and a contractor or contractors. Existing law declares that the content and performance standards are models and are not subject to the Administrative Procedures Act. ANALYSIS This bill : 1) Repeals the authority of the SBE to modify proposed content standards or performance standards prior to their adoption. 2) Requires the SPI to convene Academic Content and Performance Standards Review (ACPSR) panels to review the content and performance standards in reading/language arts (RLA) and mathematics and requires each 13-member ACPSR panel to consist of the following: 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 those 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 be credentialed teachers and have public school classroom experience in the curriculum area and in those grade levels for which they are appointed. d) One member appointed by the Senate Rules Committee. e) One member appointed by the Speaker of the Assembly. AB 97 Page 3 3) Specifies that members of each ACPSR panel are to serve a two-year term without compensation (except for reimbursement for travel expenses). 4) Requires the appointing authorities to consult with each other in making appointments to ensure that panel members have expertise in the academic subject under review, are knowledgeable about urban and rural schools, English learners, and special education, are from different geographical areas of the state and reflect the ethnic and gender diversity of California. 5) Requires each ACPSR panel to review the current content standards and performance standards to ensure that the standards are measurable and objective and meet other specified criteria such as reflecting the knowledge and skills necessary for California's workforce, provide the basis for statewide assessments, and provide grade level continuity. 6) Requires each ACPSR to recommend changes to the SBE as necessary and 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 a review panel and at least two years prior to the adoption of curriculum frameworks for the relevant subject area. 7) Requires the SBE, in the event it rejects the recommended changes, to provide a specific, written explanation of the reasons why the recommended changes were not adopted and provides that the review panel may modify its recommendations and resubmit them to the SBE. 8) Specifies that the Academic Content and Performance Standards Review Panel (ACPSR) process shall not be implemented unless an appropriation is provided in the Budget Act or another statute and specifies the governing statute shall become inoperative on January 1, 2014 and is repealed on January 1, 2015 unless a later statute enacted before January 1, 2015 deletes or extends that date. 9) Requires, to the extent feasible, the SBE to ensure that assessments are aligned with the state content and AB 97 Page 4 performance standards adopted pursuant to the recommendations of the Academic Content and Performance Standards Review Panel. 10) Extends the operative and repeal dates for existing law that governs the process for adopting new content areas to January 1, 2017. STAFF COMMENTS 1) History and overview . The academic content standards are the foundation for the state's educational system. The Curriculum frameworks (which guide instruction), teacher training and professional development, textbooks, student assessments, and the state's accountability and intervention programs are aligned to the academic content standards. AB 265 (Alpert) Chapter 975, Statutes of 1995, provided for the appointment of a Standards Commission for the establishment of academic content standards in the core areas of reading, writing (English language arts), mathematics, history/social science, and science. The English language arts standards that were recommended by the Commission were adopted largely intact by the SBE but the mathematics content standards were substantially revised by the Board prior to adoption, thereby raising questions about the efficacy of the standards development process. Subsequent legislation required the SBE to adopt content standards in other areas, including Visual and Performing Arts, Physical Education, and foreign languages. There are currently academic content standards in the following areas: English language Arts, adopted December 1997 Mathematics, adopted December 1997 History-Social Science, adopted October 1998 Science, adopted October 1998 Visual and Performing Arts, adopted January 2001 Physical Education Model Content Standards, adopted January 2005 Career Technical Education, adopted May 2005 Health Education adopted March 2008 World Languages, adopted January 2009 The academic content standards have not been revised since AB 97 Page 5 their initial adoption. This bill addresses the need to authorize and establish an efficient and transparent process for revising and adopting standards. 2) Should the standards be reviewed ? Current law provides for the periodic review of curriculum frameworks as part of the process of adopting instructional materials (every six years in core subject areas and every eight years in other subjects). Although the Legislature has previously endorsed the concept of periodic review of the K-12 academic content standards (see "Prior legislation" below) California does not have a timeline or process for updating its academic content standards. Arguments in opposition: Those who oppose updating the standards argue that California has adopted world-class academic content standards and reviewing the standards could result in administrative activities that would yield no substantial improvement to the standards. An argument has also been made that because they serve as the foundation of the state's educational system, the standards were not designed to be updated on a regular basis. Arguments in support: Proponents of this measure contend however, that periodic review of the content standards would enable the state to reflect new developments and research, changes in national policies, or new approaches to pedagogical practice. In addition, periodic review of the standards would provide an opportunity to include content not previously addressed. Staff notes that a 2006 report by Education Week found that out of the 49 states that have adopted content standards, a majority of states (32) have a regular timeline for revising those standards. 3) National standards . In April 2009, the House Education and Labor Committee held a hearing on creating a set of common K-12 academic standards for all states. In a May 28, 2009 letter signed by, Governor Schwarzenegger, SBE President Ted Mitchell, and Superintendent Jack O'Connell, California indicated its intention to participate in an initiative sponsored by the National Governors Association and the Council of Chief State School Officers to develop a set of common AB 97 Page 6 academic standards for K-12 students. Given the possibility that state standards may inform the discussions of common standards and vice versa, it may make sense for the review of the content standards to move in concert with the development of the national standards. 4) Why only math and reading/language arts ? An earlier version of this bill included each of the curriculum content areas. To reduce costs, the bill was amended in the Assembly Appropriations Committee to include only two content areas: reading/language arts (RLA) and mathematics. Although the selection of these two content areas is consistent with current adoption schedules and may enable the SBE to consider how to strengthen algebra readiness prior to eighth grade, there may also be benefits to addressing the other core standards. Updating the science standards could enable the state to have greater leverage for federal funds or programs (such as Race to the Top) and updating the history-social science standards could allow California to add groups/cultures not previously included or address recent historical events. Given the importance of all the core standards, staff recommends amendments to require the SBE to adopt a schedule for reviewing the science and history/social science standards so they can be included when funding permits, in the process this bill establishes. 5) Fiscal impact . According to the Assembly Appropriations Committee analysis, one-time General Fund administrative costs to the California Department of Education (CDE) of at least $420,000 to establish an ACPSR panel in RLA and mathematics. Depending on the magnitude of changes recommended, there could be additional and potentially significant costs associated with aligning state assessment programs and teacher training to the revised standards. 6) Related legislation . AB 836 (Torlakson), which is scheduled to be heard by this Committee on July 15, 2009, establishes an education technology task force for the purpose of making recommendations to the SPI on technology literacy model standards, developing a comprehensive statewide technology plan, and requires the SBE to adopt technology literacy model content AB 97 Page 7 standards by July 30, 2010. 7) Prior legislation . Previous legislative attempts to authorize or establish a process for the periodic review of the academic content standards have been vetoed by more than one Governor. The veto messages for SB 1367 (Karnette, 2002), AB 642 (Mullin, 2003), and AB 2744 (Goldberg, 2004) stated that the SBE had the authority to review and revise the content standards as it deems necessary. However, in January 2005, the Legislative Counsel issued an opinion stating that the SBE does not have the authority to revise the standards under current law, noting that the authority to revise the standards appears to end with their adoption. AB 97 is similar to SB 1097 (Torlakson, 2008), which was passed by this Committee on a 6-0 vote, and was subsequently vetoed. In his veto message, Governor Schwarzenegger expressed concern about deleting the authority of the SBE to modify proposed content standards prior to adoption and expressed concern about diluting the role of the Governor to retain a majority of appointments to the body that would be reviewing the standards. Specifically, the veto message read: The original academic content standards were adopted through a public and inclusive process involving teachers, educators and content experts from around the state. 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 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 AB 97 Page 8 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. Furthermore, while I would welcome participation by teachers, the measure does not define "recent public classroom experience" and thereby raises the possibility of controversy regarding whether or not certain members of the panel are duly authorized to participate. 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. Given the similarity between AB 97 and AB 1097, is it reasonable to expect a different outcome for this bill? 8) Clarifying amendment . Staff notes that the content standards for the curriculum area of English are titled "English-Language Arts" while the curriculum framework for this area is called "Reading/Language Arts." To avoid confusion, staff recommends an amendment to specify the content area as English Language Arts rather than reading/language arts. SUPPORT American Federation of State, County and Municipal Employees, AFL-CIO Association of California School Administrators Business for Science, Math and Related Technologies Education California County Boards of Education California Federation of Teachers California Language Teachers Association California Mathematics Council California School Boards Association California School Library Association California Science Teachers Association California Teachers Association AB 97 Page 9 Los Angeles Area Chamber of Commerce Los Angeles County Office of Education San Francisco Unified School District The Sikh Coalition An individual OPPOSITION None received.