BILL ANALYSIS SENATE COMMITTEE ON EDUCATION Gloria Romero, Chair 2009-2010 Regular Session BILL NO: AB 482 AUTHOR: Mendoza AMENDED: June 1, 2009 FISCAL COMM: Yes HEARING DATE: July 1, 2009 URGENCY: No CONSULTANT:Kathleen Chavira SUBJECT : English learner instructional materials. SUMMARY This bill requires the State Board of Education (SBE) to revise the reading/language arts framework, as specified, by December 31, 2013, to address the needs of English learners. The bill also requires the SBE to ensure and document, beginning with the 2010 follow-up adoption of instructional materials for reading/language arts/English language development and for each subsequent primary and follow-up adoption, that the panels for the instructional materials review and content review meet specified requirements. BACKGROUND Current law establishes the Instructional Materials Program, under which the State Board of Education (SBE) is required to adopt at least five basic instructional materials for use in grades K-8 in subject areas that include language arts, mathematics, science, and social science, bilingual or bicultural subjects, or other subject areas which the SBE has determined to be necessary or desirable. The SBE is also required to adopt statewide academically rigorous content standards in the core curriculum areas of reading, writing and mathematics, history, social science and science. These content standards are implemented through the SBE adopted curriculum frameworks. ANALYSIS This bill : AB 482 Page 2 1) Requires the State Board of Education (SBE) to revise the reading/language arts framework to address the needs of English learners by December 31, 2013. 2) Specifies that the revision required by the bill: a) Integrate English/language arts content standards and English language development standards, as specified. b) Align curriculum and instruction materials for English learners to both the English/language arts content standards and the English language development standards. 3) Requires the criteria for evaluating the curriculum and instructional materials for English learners to be included in the revised reading/language arts framework. 4) Requires that, by July 1, 2014, the evaluation criteria and standards maps developed for the revised framework: a) Include English language development and English language content standards adopted by the board. b) Provide clear direction to publishers regarding the curriculum and instructional materials for English learners. 5) Requires that instructional materials adopted by the SBE based upon the revised framework to be placed on the list of basic reading/language arts instructional materials and remain on the list until the established expiration date for that list. 6) Requires the SBE to ensure and document, beginning with the 2010 follow-up adoption of these materials and for each subsequent primary and follow-up adoption, that the panels for the instructional materials review and content review meet specified requirements. More specifically: a) That fifty percent of the panel AB 482 Page 3 possess expertise and have experience teaching English language development to pupils, have been trained on validating alignment of English language development standards and English language arts standards, as specified, and been trained on research-based attributes of high quality English language development instruction. b) That 75 percent of the panel reviewing and evaluating reading intervention materials for English learners possess expertise and have experience working with English learners in grades 4 through 8 and have been trained on research based attributes of reading intervention instruction for English learners. 7) Clarifies that the State Board of Education is not required to convene any additional panels or increase the number of persons serving on a panel. STAFF COMMENTS 1) Need for the bill . According to the author, California's 2006 Reading/Language Arts Framework and its criteria establish "a one size fits all" approach to reading/language arts for English learners. The current framework calls for the development for curriculum and instruction that do not include English language development in the core program, but instead provides it as a supplemental program. This approach will contribute to the widening of the achievement gap between native English speakers and English learners. The Reading/Language Arts Framework and its criteria need to be revised to allow for curriculum, instruction, professional development and instructional materials designed for English learners at all levels of English proficiency. 2) Adopted Reading/Language Arts Frameworks . The SBE adopted the 2007 English Language Arts Frameworks & Evaluation Criteria on April 17, 2006. These criteria will guide publishers in the development of instructional materials to be submitted for adoption and, once adopted, expected to be in classrooms until 2014. The next scheduled review of this framework and evaluation criteria is in 2013 with the next primary AB 482 Page 4 adoption of materials scheduled for 2015. 3) Prior legislation . AB 2135 (Mendoza, 2008) would have required the SBE to revise the reading/language arts framework to include the English Language Development Literacy Program (ELDLP), as a basic comprehensive English language literacy program for English learners. SB 1607 (Romero, 2008) would have required the SBE, in the next revision of the reading/language arts framework, to include a chapter that provides for language and content instruction specific to English learners, as specified. Although AB 2135 and SB 1607 were passed by the Legislature, both were ultimately vetoed by the Governor with the same message: I vetoed similar legislation in 2006 and I 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. SUPPORT California Association for Bilingual Education Californians Together Los Angeles County Office of Education Los Angeles Unified School District Riverside County Schools Advocacy Association San Francisco Unified School District OPPOSITION None received.