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          repealed on January 1, 2012, requires the State Board of  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  




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               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.  





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          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  




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               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  




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               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  




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               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  




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               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  




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                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




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          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.