BILL ANALYSIS
AB 482
Page A
ASSEMBLY THIRD READING
AB 482 (Mendoza)
As Amended June 1, 2009
Majority vote
EDUCATION 8-2 APPROPRIATIONS 12-5
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|Ayes:|Brownley, Ammiano, |Ayes:|De Leon, Ammiano, Charles |
| |Arambula, Buchanan, | |Calderon, Davis, Fuentes, |
| |Carter, Eng, Solorio, | |Hall, John A. Perez, |
| |Torlakson | |Price, Skinner, Solorio, |
| | | |Torlakson, Krekorian |
| | | | |
|-----+--------------------------+-----+---------------------------|
|Nays:|Nestande, Miller |Nays:|Nielsen, Duvall, Harkey, |
| | | |Miller, |
| | | |Audra Strickland |
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SUMMARY : Requires, by December 31, 2013, the State Board of
Education (SBE) to revise the reading/language arts (RLA)
framework to address the needs of English learners (ELs), as
specified, and requires the SBE to ensure that specified
requirements are met in conducting followup and primary
adoptions of RLA instructional materials. Specifically, this
bill :
1)Provides that the revision of the RLA framework shall
integrate the English language arts (ELA) content standards
and the English language development (ELD) standards in a
manner that provides a curriculum and instructional materials
for English learners that are:
a) A stand-alone core program that is enriched, scaffolded,
and amplified, and simultaneously develops listening,
speaking, reading, and writing skills in the English
language and the academic content standards; and,
b) Aligned to both the ELA content standards and the ELD
standards.
2)Requires the criteria for evaluating the curriculum and
instructional materials for ELs to be included in the revised
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Page B
RLA framework; and, requires, by July 1, 2014, the evaluation
criteria and standards maps developed for the revised RLA
framework to include the ELA content standards and the ELD
standards.
3)Specifies that instructional materials adopted by the SBE
based on the revised framework shall be placed on the list of
basic RLA instructional materials and remain on the list until
the established expiration date for that list.
4)Requires, commencing with the 2010 followup adoption of RLA
instructional materials and for every RLA adoption thereafter,
the SBE to ensure and document that 50% the reviewers of
instructional materials that provide ELD instruction meet
specified criteria.
5)Requires, commencing with the 2010 followup adoption of RLA
instructional materials and every RLA adoption thereafter, the
SBE to ensure and document that 75% the reviewers of reading
intervention materials specific for ELs meet specified
criteria.
6)Declares the intent of the Legislature to provide school
districts various standards-aligned instructional material
options and quality instructional materials written and taught
in the English language to accelerate English language
acquisition for ELs.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor absorbable General Fund (GF) administrative
costs to the SBE to revise the RLA framework during the next
revision cycle. The SBE, in conjunction with the CDE and the
Curriculum Commission, can conduct this work within its normal
course of developing the framework. 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 instructional materials must increase in order
to maintain past years' make-up of individuals with specified
expertise, as specified.
COMMENTS : Nearly 1.6 million of California's 6.3 million
students were identified as ELs during the 2007-08 school year,
making up approximately one quarter of the state's total public
school enrollment. ELs begin school at a considerable
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Page C
disadvantage relative to their native English speaking peers, as
they enter school with different levels of English fluency and
therefore achieve English proficiency at varying rates.
California continues to grapple with the challenge of closing
the achievement gap that separates ELs from native English
speakers and meeting the educational needs of this population of
students.
There has been considerable debate over what kinds of
instructional materials best meet the needs of ELs. Some argue
that ELs need a modified core program that integrates both the
ELA and the ELD standards while others argue that ELD should be
a supplement to the core program.
The SBE adopted the 2008 Reading/Language Arts/English Language
Development (RLA/ELD) Framework & Evaluation Criteria in 2006,
and corresponding RLA/ELD instructional materials last year.
The adopted framework and instructional materials provide ELD as
a supplement to the core program. Supporters of this bill would
argue that the new RLA books still do not address the
instructional needs of ELs because ELD is not integrated in the
core program.
Need for the bill: In 1974, the United States Supreme Court
ruled in Lau vs. Nichols 414 U.S. 563 that students who were not
proficient in English had a constitutional right to equal access
to a meaningful education in the public schools. The decision
states, "Under these state-imposed standards, there is no
equality of treatment merely by providing students with the same
facilities textbooks, teachers and curriculum; for students who
do not understand English are effectively foreclosed from any
meaningful education. ?We know that those who do not understand
English are certain to find their classroom experiences wholly
incomprehensible and in no way meaningful." The ruling
established that the learning needs of ELs must be addressed in
order for them to advance in learning English and in their
academic achievement.
The Proposition 227 Year 5 evaluation, Effects of the
Implementation of Proposition 227 on the Education of English
learners, K-12, finds that one of the key factors that leads to
EL success includes having systematic, carefully designed plans
for the provision of ELD instructional services. The study
recommends the state to develop an ELD curriculum framework
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based on the state's ELD standards to help ensure that
standards-based curriculum materials and instructional practice
are adopted in districts serving ELs. Additionally, one of the
papers from the Getting Down to Facts research studies, Resource
Needs for California's English Learners, notes that one of the
elements that contribute to EL success is a comprehensive
instructional program that addresses both ELD and the core
curriculum.
This bill requires the SBE to include in the next RLA framework
revision and instructional materials adoption the inclusion of a
program that integrates both the ELA standards and the ELD
standards into a comprehensive curriculum for ELs. The next
adoption of RLA instructional materials is scheduled for 2015,
and the revision of the framework for 2013. The intent is for
school districts to have an additional option available for RLA
instructional materials to address the instructional needs of
ELs.
Composition of the review panels: The sponsors of this bill,
the Californians Together Coalition, contend that during the
last RLA instructional materials adoption, the review panels
assigned to review and evaluate instructional materials that
provide ELD instruction and reading intervention for ELs did not
appear to have adequate numbers of individuals that possessed
expertise in working with ELs. This bill seeks to address this
issue by requiring that for future adoptions, 50% of the
membership of a panel that reviews instructional materials that
provide ELD instruction shall possess expertise in working with
ELs and training in research based attributes of ELD
instruction. Additionally, the bill requires that 75% of
membership of a panel that reviews programs of reading
intervention for ELs, shall possess expertise in working with
ELs and training in research based attributes of reading
intervention.
The author states, "California's 2006 Reading/Language Arts
Framework and its criteria establishes a 'one size fits all'
approach to Reading/Language Arts for English language learners.
The current framework calls for the development of a curriculum
and instruction that does not include English language
development in the core program of reading/language arts
required by the state. This 'one size fits all' approach will
continue to contribute to the widening of the achievement gap
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Page E
not narrowing the achievement gap between native English
speakers and English learners."
Prior Legislation: SB 1769 (Escutia) of 2006, requires the
inclusion of an additional option, the accelerated English
program, in the 2008 Reading/Language Arts/English Language
Development Curriculum Frameworks and Criteria; and, allows
publishers to submit for adoption instructional materials that
conformed to the specified criteria for the accelerated English
program. SB 1769 was vetoed by Governor Schwarzenegger with a
veto message that read, in pertinent part:
I cannot endorse any effort which may lead to the
creation of separate curricula and textbooks that will
isolate these students within our public schools.
This sort of segregated learning is not only
detrimental to the language learning process it would
have a divisive impact on our children, classrooms,
schools, teachers and our larger society. It
undermines the very principle of inclusiveness that
inspires so many entrepreneurial and hard-working
immigrants to pursue the American dream.
AB 1177 (Solorio) of 2007, establishes the Accelerated English
Acquisition and Literacy Pilot Program to call for the
development of instructional materials specifically designed for
ELD and literacy intended to accelerate English language
acquisition and to study the impact of these materials on
accelerating language development and reading/language arts
achievement. AB 1177 was held in the Senate Appropriations
Committee.
AB 2974 (Solorio), of 2008, establishes the English Language
Learner Literacy and Accelerated English Language Acquisition
Pilot Program administered by the Superintendent of Public
Instruction for purposes of accelerating the acquisition of
listening, speaking, reading, and writing skills in the English
language. AB 2974 was held in the Assembly Appropriations
Committee.
AB 2135 (Mendoza) of 2008, requires, during the next revision
cycle, the SBE to revise the RLA framework to include the
English Language Development Literacy Program, as a basic
comprehensive English language literacy program for ELs.
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AB 2135 was vetoed by Governor Schwarzenegger with the following
veto 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 : Marisol Avi?a / ED. / (916) 319-2087
FN: 0001237