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
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            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  







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            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