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 15, 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  :





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          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  




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                    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  




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               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.