BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 97| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 97 Author: Torlakson (D) Amended: 8/20/10 in Senate Vote: 21 SENATE EDUCATION COMMITTEE : 6-2, 7/15/09 AYES: Romero, Alquist, Hancock, Liu, Padilla, Simitian NOES: Huff, Wyland NO VOTE RECORDED: Maldonado SENATE EDUCATION COMMITTEE : 7-0, 8/26/10 AYES: Romero, Huff, Alquist, Emmerson, Hancock, Liu, Price NO VOTE RECORDED: Simitian, Wyland SENATE APPROPRIATIONS COMMITTEE : 8-2, 8/27/10 AYES: Kehoe, Alquist, Corbett, Emmerson, Leno, Price, Wolk, Yee NOES: Ashburn, Walters NO VOTE RECORDED: Wyland ASSEMBLY FLOOR : 49-27, 6/3/09 - See last page for vote SUBJECT : School curriculum SOURCE : Author DIGEST : This bill establishes the Academic Content Standards Commission for Science and History Social Science (Commission) consisting of 21 appointed members, as specified. This bill requires the state board, upon CONTINUED AB 97 Page 2 recommendation of the Superintendent of Public Instruction (SPI), to adopt a schedule for the Commission to review and recommend revisions to the science and history-social science curriculum area content standards, when funding permits. This bill requires the state board to either adopt or reject the academic content standards as proposed by the Commission within 90 days of their receipt and also requires the SPI and the state board to present specified information to the Governor and appropriate policy and fiscal committees of the Legislature. Senate Floor Amendments of 8/20/10 change the subject matter areas to be reviewed due to the passage of SB 1 (Steinberg), Chapter 2, Statutes of 2009-10 Fifth Extraordinary Session, which relates to content standards in English language arts and mathematics. The amendments essentially mirror the process established pursuant to SB 1 but instead call for the review of standards in science and history-social science. ANALYSIS : Existing law, operative until July 1, 2011, and to be repealed on January 1,2014, requires the State Board of Education to adopt statewide academic content standards and performance standards, based on the recommendation of the Commission for the Establishment of Academic Content and Performance Standards and the Superintendent of Public Instruction, respectively. Existing law authorizes the state board to modify any proposed content standard or performance standard prior to its adoption. This bill establishes the Academic Content Standards Commission for Science and History-Social Science. The Commission shall consist of 21 members, appointed as follows: Eleven members appointed by the Governor. Five members appointed by the Senate Committee on Rules. Five members appointed by the Speaker of the Assembly. The bill provides that: CONTINUED AB 97 Page 3 1. Members of the Commission shall serve at the pleasure of the appointing authority. 2. Not less than half of the members appointed by each of the appointing authorities pursuant to subdivision (a) shall be current public school elementary or secondary classroom teachers. 3. Upon recommendation of the Superintendent, the state board shall adopt a schedule for the commission to review and recommend revisions to the science and history-social science curriculum area content standards, when funding permits. 4. The Commission shall develop academic content standards in science and history-social science. The standards shall be internationally benchmarked and build toward college and career readiness by the time of high school graduation. 5. Pursuant to the Bagley-Keene Open Meeting Act, (Article 9 (commencing with Section 11120) of Division 3 of Title 2 of the Government Code), all meetings and hearings of the commission shall be open and available to the public. The bill further provides within 90 days of receiving the commission's proposed academic content standards, the state board shall do either of the following: 1. Adopt the academic content standards as proposed by the commission. 2. Reject the academic content standards as proposed by the commission. If the state board rejects the standards it shall provide a specific written explanation to the Superintendent, the Governor, and the Legislature of the reasons why the proposed standards were rejected. The bill provides that the Superintendent and state board shall present to the Governor and to the appropriate policy and fiscal committees of the Legislature a schedule and implementation plan for integrating the academic content standards adopted pursuant to this section into the state CONTINUED AB 97 Page 4 educational system. Comments 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 Prior/Related legislation AB 836 (Torlakson), which is scheduled to be heard by the Senate Education Committee on July 15, 2009, establishes an education technology task force for the purpose of making CONTINUED AB 97 Page 5 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 standards by July 30, 2010. 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), of 2002, AB 642 (Mullin), of 2003, and AB 2744 (Goldberg), of 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. This bill is similar to SB 1097 (Torlakson), of 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 CONTINUED AB 97 Page 6 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. 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 this bill and AB 1097 (Torlakson), is it reasonable to expect a different outcome for this bill? The author's office 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." FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 8/23/10) American Federation of State, County and Municipal Employees, AFL-CIO Association of California School Administrators CONTINUED AB 97 Page 7 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 Los Angeles Area Chamber of Commerce Los Angeles County Office of Education San Francisco Unified School District The Sikh Coalition ASSEMBLY FLOOR : AYES: Ammiano, Arambula, Beall, Blumenfield, Brownley, Buchanan, Caballero, Charles Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De Leon, Eng, Evans, Feuer, Fong, Fuentes, Furutani, Galgiani, Hall, Hayashi, Hernandez, Hill, Huber, Huffman, Jones, Krekorian, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, John A. Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas, Saldana, Skinner, Solorio, Swanson, Torlakson, Torres, Torrico, Bass NOES: Adams, Anderson, Tom Berryhill, Blakeslee, Conway, Cook, DeVore, Emmerson, Fletcher, Fuller, Gaines, Garrick, Gilmore, Hagman, Harkey, Jeffries, Knight, Logue, Miller, Nestande, Niello, Nielsen, Silva, Smyth, Audra Strickland, Tran, Villines NO VOTE RECORDED: Bill Berryhill, Block, Duvall, Yamada DLW:RJG:do 8/23/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED