BILL ANALYSIS AB 482 Page 1 Date of Hearing: April 29, 2009 ASSEMBLY COMMITTEE ON APPROPRIATIONS Kevin De Leon, Chair AB 482 (Mendoza) - As Amended: April 22, 2009 Policy Committee: Education Vote:8-2 Urgency: No State Mandated Local Program: No Reimbursable: No SUMMARY This bill requires the State Board of Education (SBE), by December 31, 2013, to revise the reading/language arts (RLA) curriculum framework to include a basic comprehensive English language literacy program for English learners (ELs) that shall be referred to as the English Language Literacy Program for ELs (ELLP). Specifically, this bill: 1)Requires the ELLP to be a stand-alone program that simultaneously develops listening, speaking, reading, and writing skills in the English language and academic content standards. This measure further requires the program to be aligned to both the English/language arts (ELA) content standards and the English Language Development (ELD) Standards. 2)Requires the program criteria to be included in the revised RLA framework and include the ELLP. This measure further establishes timelines for evaluation criteria and instructions for publishers as part of the revised RLA framework. 3)Requires the instructional materials (IM) adopted by the SBE and based on the revised RLA curriculum framework to be placed on the list of basic RLA IM, as specified. 4)Requires the SBE, beginning with the 2010 follow-up adoption of RLA/ELD IM and each adoption thereafter, to assure and document that the panels for the instructional materials and AB 482 Page 2 content review has a membership in which 50% of the members have: (a) expertise and experience teaching ELD; (b) training on validating the alignment of the ELA and ELD standards with IM; and (c) training on research- based attributes of high-quality ELD instruction. 5)Requires 75% of the panel that reviews and evaluates reading intervention materials written specifically for EL pupils to be individuals who meet the following criteria: (a) possess expertise and have experience working with EL pupils in grades 4-8 and (b) have been trained on research based attributes of reading intervention instruction for EL pupils. FISCAL EFFECT 1)Minor absorbable GF administrative costs to the SBE to revise the RLA Curriculum Framework during the next revision cycle. The SBE, in conjunction with the State Department of Education (SDE) and the Curriculum Commission, can conduct this work within its normal course of developing the framework. 2)Potential increased GF cost pressure, likely in excess of $150,000, if the SBE determines that the number of individuals serving on the panels that review and evaluate RLA IM must increase in order to maintain past years' make-up of individuals with specified expertise, as specified. COMMENTS 1)Purpose . Current law requires the SBE to adopt basic instructional materials (IM) in ELA every six years for use in grades K-8. It is also required to adopt statewide academically rigorous content standards in the core curriculum areas, including RLA. These content standards are implemented through the curriculum frameworks, as adopted by SBE. The adopted IM must be consistent with the criteria and standards of quality prescribed in the adopted curriculum frameworks. Also, the governing board of each school district maintaining one or more high schools is authorized to adopt IM for use in the high schools (grades 9-12) under its control. Many individuals contend that California's current adoption AB 482 Page 3 process for IM does not provide enough options to school districts, particularly for EL pupils. Likewise, they argue that the process for developing the RLA curriculum framework, which includes the review panels, does not possess expertise or practical experience in teaching EL pupils. The author argues that these issues lead to sub par IM adopted to meet the needs of EL pupils. The author further argues that the SBE has failed to adopt a basic program that simultaneously accounts for the needs of students learning a second language at the same time they are learning academic content. In 2006, several legislators submitted comments and suggestions about the frameworks and criteria first to the Curriculum Commission and then to the SBE for their consideration. Over the course of three months, several legislators and their staffs held a series of meetings with the SBE, the SDE, and education advocates to work on modifications to the proposed 2007 RLA framework and criteria, including using a program similar to the ELLP as a basic program option. This bill requires the SBE to revise the RLA curriculum framework to include a basic instructional literacy program for EL pupils that enables them to learn English and academic content at the same time, as specified. It also requires the IM review panels to include a minimum number of individuals with expertise in educating EL pupils, as specified. 2)The RLA Curriculum Framework , adopted by the SBE in July 2006, is the blueprint for implementing the RLA academic standards. It is the primary document publishers utilize to develop RLA IM. According to the SBE, this framework is significantly different with respect to teaching ELL pupils from the one used for the 2002 RLA adoption. For example, the current framework provides criteria for the development of a basic IM program for grades K-8 that requires 60 minutes of ELD instruction embedded in the basic RLA program. In contrast, the 2002 framework provided for the development of a supplemental ELD program that was to be used by teachers after instruction in the basic RLA program. The SBE recently adopted IM for RLA that will be used in schools until 2015, including a basic IM program with ELD. AB 482 Page 4 Even with these improvements, supporters of this measure argue that these modifications do not provide for the simultaneous instruction of language acquisition and academic content. This bill would require the RLA Curriculum Framework to provide a basic program that accomplishes this goal. The next primary adoption of RLA IM is 2015 with the framework scheduled for completion in 2013. 3)EL pupils in California . According to the SDE, there were 1.6 million EL pupils (25%) enrolled public schools in 2007-08. Of these children, 1.3 million (85%) speak Spanish and 34,712 (2.2%) speak Vietnamese. Also, 204,020 (66%) teachers provided services to EL pupils during this time. 4)Previous legislation . AB 2135 (Mendoza), which is similar to this measure, was vetoed in September 2008, with the following message: "I vetoed similar legislation in 2006 and am concerned that this bill circumvents the decision by the State Board of Education on this issue. The State Board thoroughly vetted the issue in its deliberations and this measure contradicts that decision." Analysis Prepared by : Kimberly Rodriguez / APPR. / (916) 319-2081