BILL NUMBER: AB 2095 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 12, 2010
INTRODUCED BY Assembly Member Brownley
FEBRUARY 18, 2010
An act to amend Section 60200 of Sections
60005, 60200, 60200.4, 60204, and 60400 of, and to add Sections
60602.5 and 99237.7 to, the Education Code, relating to
instructional materials.
LEGISLATIVE COUNSEL'S DIGEST
AB 2095, as amended, Brownley. Instructional materials: English
language development.
Existing
(1) Existing law requires the development of curriculum frameworks
and adoption of instructional materials for use in elementary and
secondary schools to be conducted in accordance with specified
policies and procedures adopted by the State Board of Education.
This bill would require that those state board policies ensure
that the curriculum frameworks and instructional materials for
kindergarten and grades 1 to 12, inclusive, include English language
development standards and strategies in the 4 core subjects that
address English language development and the needs of pupils with
disabilities.
(2) Existing law requires the
State Board of Education to adopt basic instructional materials for
use in kindergarten and grades 1 to 8, inclusive , and to ensure
that basic instructional materials in mathematics and reading are
based on fundamental skills required by those subjects . Among
the categories of instructional materials that the board is required
to adopt are bilingual or bicultural subjects.
This bill would add English language development
instructional materials as an alternative to the bilingual or
bicultural subjects in that category
materials that support English language development in the kinds
of instructional materials that the board is required to adopt
for kindergarten and grades 1 to 8, inclusive , and would require
the materials in mathematics and reading also to be based on English
language development for pupils for whom English is a 2nd language
.
(3) The Curriculum Development and Supplemental Materials
Commission is required to develop criteria for evaluating
instructional materials submitted for adoption.
This bill would require the criteria to include directions to
publishers to align lessons and teacher's editions to address the
needs of English learners and pupils with disabilities.
(4) Existing law requires the governing board of a school district
maintaining one or more high schools to adopt instructional
materials for use in high schools under its control.
This bill would require those governing boards to ensure that
English learners and pupils with disabilities are provided
appropriate instructional materials in all 4 core subjects.
(5) Existing law establishes the Standardized Testing and
Reporting Program and states legislative intent regarding this
statewide testing program. Existing law requires each school
district, charter school, and county office of education to
administer to each of its pupils in grades 2 to 11, inclusive, a
standards-based achievement test as part of the program.
This bill would state the intent of the Legislature that the
reauthorized Standardized Testing and Reporting Program meet
specified requirements regarding performance measures, the assessment
of English learners and pupils with disabilities, and accommodations
for the assessment of English learners and pupils with disabilities.
(6) Existing law establishes the Mathematics and Reading
Professional Development Program, administered by the Superintendent
of Public Instruction, under which a local educational agency is
eligible to apply for and receive incentive funding to provide
teachers, instructional aides, and paraprofessionals with instruction
and training in the areas of mathematics and reading.
This bill would authorize eligible elementary and secondary
teachers to participate in 40 hours of instruction in specified
training and instructional strategies as an option for fulfilling a
specified percentage of training hours under the program.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 60005 of the
Education Code is amended to read:
60005. (a) The Legislature finds and declares that it is in the
public interest for the State Board of Education to adopt policies
and procedures concerning the development of curriculum frameworks
and the adoption of instructional materials only after public notice,
comment by the public, and review by the Office of Administrative
Law and for these policies and procedures to be published in the
California Code of Regulations. Therefore, the Legislature reaffirms
that the policies and procedures concerning the development of
curriculum frameworks and the adoption of instructional materials
shall be adopted pursuant to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
These policies and procedures include, but are not limited to, the
following:
(1) Board State board
policies that define statutory terms.
(2) Board State board policies that
prescribe the membership of committees used in the development and
adoption process.
(3) Procedures that regulate public participation in the
development of curriculum frameworks and the adoption of
instructional materials.
(b) The board state board shall
adopt as regulations the policies and procedures concerning the
development of curriculum frameworks and the adoption of
instructional materials.
(c) State board policies shall ensure that curriculum frameworks
and instructional materials for kindergarten and grades 1 to 12,
inclusive, include the English language development standards as
adopted by the state board in 1997 and revised thereafter, and
English language development strategies in the four core subjects of
mathematics, science, history-social science, and English/language
arts.
(d) State board policies shall ensure that curriculum frameworks
and instructional materials for kindergarten and grades 1 to 12,
inclusive, include strategies to address the needs of pupils with
disabilities in the four core subjects of mathematics, science,
history-social science, and English/language arts.
(c)
(e) (1) The following shall not be subject to Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code:
(A) The content of curriculum frameworks.
(B) Evaluation criteria and worksheets developed to supplement
curriculum frameworks.
(2) The board shall adopt the content of curriculum frameworks and
evaluation criteria and worksheets developed to supplement
curriculum frameworks in accordance with the regulations established
pursuant to subdivision (b) of this section.
SECTION 1. SEC. 2. Section 60200 of
the Education Code is amended to read:
60200. The state board shall adopt basic instructional materials
for use in kindergarten and grades 1 to 8, inclusive, for governing
boards, subject to the following provisions:
(a) The state board shall adopt at least five basic instructional
materials for all applicable grade levels in each of the following
categories:
(1) Language arts, including, but not limited to, spelling and
reading. However, the state board may shall
not adopt basic instructional materials in this category or the
category specified by paragraph (2) in the year succeeding the year
in which the state board adopts basic instructional materials in this
category for the same grade level.
(2) Mathematics. However, the state board may
shall not adopt basic instructional materials in this
category or the category specified by paragraph (1) in the year
succeeding the year in which the state board adopts basic
instructional materials in this category for the same grade level.
(3) Science.
(4) Social science.
(5) Bilingual or bicultural subjects or English language
development .
(6) Materials, including supplemental and ancillary materials,
supporting English language development.
(6)
(7) Any other subject, discipline, or interdisciplinary
areas for which the state board determines the adoption of
instructional materials to be necessary or desirable ,
including, but not limited to, materials that support the
instructional needs of pupils with disabilities .
(b) The state board shall adopt procedures for the submission of
basic instructional materials in order to comply with each of the
following:
(1) Instructional materials may be submitted for adoption in any
of the subject areas pursuant to paragraphs (1) to (5)
(6) , inclusive, of subdivision (a) not less
than two times every six years and in any of the subject areas
pursuant to paragraph (6) (7) of
subdivision (a) not less than two times every eight years. The state
board shall ensure that curriculum frameworks are reviewed and
adopted in each subject area consistent with the six- and eight-year
submission cycles and that the criteria for evaluating instructional
materials developed pursuant to subdivision (b) of Section 60204 are
consistent with subdivision (c). The state board may prescribe
reasonable conditions to restrict the resubmission of materials that
have been previously rejected if those resubmitted materials have no
substantive changes.
(2) Submitted instructional materials shall be adopted or rejected
within six months of the submission date of the materials pursuant
to paragraph (1), unless the state board determines that a longer
period of time, not to exceed an additional three months, is
necessary due to the estimated volume or complexity of the materials
for that subject in that year, or due to other circumstances beyond
the reasonable control of the state board.
(c) In reviewing and adopting or recommending for adoption
submitted basic instructional materials, the state board shall use
the following criteria, and ensure that, in its judgment, the
submitted basic instructional materials meet all of the following
criteria:
(1) Are consistent with the criteria and the standards of quality
prescribed in the state board's adopted curriculum framework. In
making this determination, the state board shall consider both the
framework and the submitted instructional materials as a whole.
(2) Comply with the requirements of Sections 60040, 60041, 60042,
60043, 60044, 60048, 60200.5, and 60200.6, and the state board's
guidelines for social content.
(3) Are factually accurate and incorporate principles of
instruction reflective of current and confirmed research.
(4) Adequately cover the subject area for the grade level or
levels for which they are submitted.
(5) Do not contain materials, including illustrations, that
provide unnecessary exposure to a commercial brand name, product, or
corporate or company logo. Materials, including illustrations, that
contain a commercial brand name, product, or corporate or company
logo may not be used unless the board determines that the use of the
commercial brand name, product, or corporate or company logo is
appropriate based on one of the following specific findings:
(A) If text, the use of the commercial brand name, product, or
corporate or company logo in the instructional materials is necessary
for an educational purpose, as defined in the guidelines or
frameworks adopted by the state board.
(B) If an illustration, the appearance of a commercial brand name,
product, or corporate or company logo in an illustration in
instructional materials is incidental to the general nature of the
illustration.
(6) Meet other criteria as are established by the state board as
being necessary to accomplish the intent of Section 7.5 of Article IX
of the California Constitution and of Section 1 of Chapter 1181 of
the Statutes of 1989, provided that the criteria are approved by
resolution at the time the resolution adopting the framework for the
current adoption is approved, or at least 30 months prior to the date
that the materials are to be approved for adoption.
(d) If basic instructional materials are rejected, the state board
shall provide a specific, written explanation of the reasons why the
submitted materials were not adopted, based upon one or more of the
criteria established under subdivision (c). In providing this
explanation, the state board may use, in whole or in part, materials
written by the commission or any other advisers to the state board.
(e) The state board may adopt fewer than five basic instructional
materials in each subject area for each grade level if either of the
following occurs:
(1) Fewer than five basic instructional materials are submitted.
(2) The state board specifically finds that fewer than five basic
instructional materials meet the criteria prescribed by paragraphs
(1) to (5), inclusive, of subdivision (c), or the materials fail to
meet the state board's adopted curriculum framework. If the state
board adopts fewer than five basic instructional materials in any
subject for any grade level, the state board shall conduct a review
of the degree to which the criteria and procedures used to evaluate
the submitted materials for that adoption were consistent with the
state board's adopted curriculum framework.
(f) This section does not limit the authority of the state board
to adopt materials that are not basic instructional materials.
(g) If a district board establishes to the satisfaction of the
state board that the state-adopted instructional materials do not
promote the maximum efficiency of pupil learning in the district, the
state board shall authorize that district governing board to use its
instructional materials allowances to purchase materials as
specified by the state board, in accordance with standards and
procedures established by the state board.
(h) Consistent with the quality criteria for the state board's
adopted curriculum framework, the state board shall prescribe
procedures to provide the most open and flexible materials submission
system and ensure that the adopted materials in each subject, taken
as a whole, provide for the educational needs of the diverse pupil
populations in the public schools, provide collections of
instructional materials that illustrate diverse points of view,
represent cultural pluralism, and provide a broad spectrum of
knowledge, information, and technology-based materials to meet the
goals of the program and the needs of pupils.
(i) Upon making an adoption, the state board shall make available
to listed publishers and manufacturers and all school interests a
listing of instructional materials, including the most current unit
cost of those materials as computed pursuant to existing law. Items
placed upon lists shall remain thereon, and be available for
procurement through the state's systems of financing, from the date
of the adoption of the item and until a date established by the state
board. The date established by the board for continuing items on
that list shall be the date on which the state board adopts
instructional materials based upon a new or revised curriculum
framework. Lists of adopted materials shall be made available by
subject and grade level. The lists shall terminate and shall no
longer be effective on the date prescribed by the state board
pursuant to this subdivision.
(j) The state board may approve multiple lists of instructional
materials, without designating a grade or subject, and the state
board may designate more than one grade or subject whenever it
determines that a single subject designation or a single grade
designation would not promote the maximum efficiency of pupil
learning. Any materials so designated may be placed on single grade
or single subject lists, or multigrade or interdisciplinary lists, or
may be placed on separate lists including other materials with
similar grade or subject designations.
(k) A composite listing in the format of an order form may be used
to meet the requirements of this section.
( l ) The lists maintained pursuant to this section
shall not be deemed to control the use period by any school district.
(m) The state board shall give publishers the opportunity to
modify instructional materials, in a manner provided for in
regulations adopted by the state board, if the state board finds that
the instructional materials do not comply with paragraph (5) of
subdivision (c).
(n) This section does not prohibit the publisher of instructional
materials from including whatever corporate name or logo on the
instructional materials that is necessary to provide basic
information about the publisher, to protect its copyright, or to
identify third-party sources of content.
(o) The state board may adopt regulations that provide for other
exceptions to this section, as determined by the board.
(p) The Superintendent shall develop, and the state board shall
adopt, guidelines to implement this section.
SEC. 3. Section 60200.4 of the
Education Code is amended to read:
60200.4. (a) The State Board of Education
state board shall ensure that the basic instructional materials
that it adopts for mathematics and reading in grades 1 to 8,
inclusive, are based on the fundamental skills required by these
subjects, including, but not limited to, systematic, explicit
phonics, spelling, and basic computational skills , and English
language development for pupils for whom English is a
second language .
(b) It is the intent of the Legislature that the fundamental
skills of all subject areas, including systematic, explicit phonics,
spelling, and basic computational skills, be included in the adopted
curriculum frameworks and that these skills and related tasks
increase in depth and complexity from year to year. It is the intent
of the Legislature that the instructional materials adopted by the
State Board of Education state board
meet the provisions of this section.
SEC. 4. Section 60204 of the Education
Code is amended to read:
60204. The commission shall do all of the following :
(a) Recommend curriculum frameworks to the state board.
(b) Develop criteria for evaluating instructional materials
submitted for adoption so that the materials adopted shall adequately
cover the subjects in the indicated grade or grades and comply with
the provisions of Article 3 (commencing with Section 60040) of
Chapter 1. The criteria developed by the commission shall be
consistent with the duties of the state board pursuant to Section
60200. The criteria shall be public information and shall be provided
in written or printed form to any person requesting such
that information. The criteria shall
include directions to publishers to align both lessons and teacher's
editions, as appropriate, with English language development standards
and incorporate strategies to address the needs of English learners
at every grade level and subject. The criteria also shall include
direction to publishers to incorporate instructional strategies to
address the needs of pupils with disabilities in both lessons and
teacher's editions, as appropriate, at every grade level and subject.
(c) Study and evaluate instructional materials submitted for
adoption.
(d) Recommend to the state board instructional materials that it
approves for adoption.
(e) Review and have the authority to adopt the educational films
or video recordings produced in accordance with Article 3 (commencing
with Section 52740) of Chapter 11 of Part 28.
(f) Recommend to the state board policies and activities to assist
the department and school districts in the use of the curriculum
framework and other available model curriculum materials for the
purpose of guiding and strengthening the quality of instruction in
the public schools.
SEC. 5. Section 60400 of the Education
Code is amended to read:
60400. (a) The governing board of
each a school district maintaining one or more
high schools shall adopt instructional materials for use in the high
schools under its control. Only instruction materials of those
publishers who comply with the requirements of Article 3 (commencing
with Section 60040) and Article 4 (commencing with Section 60060) of
Chapter 1 of this part and of Section 60226 may be adopted by the
district governing board.
(b) The governing board of a school district maintaining one or
more high schools shall ensure that English learners and pupils with
disabilities are provided appropriate instructional materials in all
four core subjects. The governing board shall certify pursuant to
Section 60119 the steps that have been taken to ensure availability
of textbook and instructional materials.
SEC. 6. Section 60602.5 is added to the
Education Code , to read:
60602.5. Upon the reauthorization of the Standardized Testing and
Reporting Program and commencing in the 2013-14 school year, it is
the intent of the Legislature that the Standardized Testing and
Reporting Program meet the following requirements:
(a) Performance measures shall meet the highest standards of
educational measurement to ensure that they are valid and reliable
measures of pupil achievement and be developed according to the
principles of universal design.
(b) English learners shall be assessed in a manner that
distinguishes content knowledge from linguistic proficiency in
English and in accordance with the number of years of instruction in
English. Primary and secondary language assessments should be an
integral component of the reauthorized Standardized Testing and
Reporting Program.
(c) Accommodations of assessments for English learners shall be
based upon research on high stakes testing accommodations for English
learners.
(d) Assessments for pupils with disabilities shall incorporate the
individualized education program requirements for accommodations and
modifications and other testing requirements, and the state shall
not invalidate the scores of pupils who use an accommodation or
modification for purposes of accountability.
(e) Performance measures shall be balanced and require evidence of
the ability of pupils to reason, analyze, and evaluate multiple
sources of information, and solve challenging, real-world problems.
SEC. 7. Section 99237.7 is added to the
Education Code , to read:
99237.7. (a) As an option for fulfilling up to 50 percent of the
80 hours of followup training required pursuant to Section 99237,
eligible elementary and secondary teachers may participate in 40
hours of instruction in areas including, but not limited to, the
following:
(1) Training in the application of the response to intervention
model to provide for a systemic method for evaluating the needs of
all pupils and for fostering positive pupil outcomes through
carefully selected and implemented interventions and to assist
teachers in identifying pupils who may require more intensive
instructional services.
(2) Training to reduce racial disproportionality of pupils placed
in special education who have learning needs but who should not be
placed in a special education program.
(3) Instructional strategies, to teach essential content in ways
that address the varied learning needs of pupils with disabilities or
exceptional needs including, but not limited to, the effective use
of pupil achievement data, differentiating instruction through pacing
and complexity, impact on pupil success through diagnostic teaching
and effective application of accommodations and modifications to
support pupil achievement.
(b) In order to be eligible to participate in the training
described pursuant to this section, a teacher shall have completed 40
hours of professional development training pursuant to Section
99237.
(c) If a local educational agency chooses to offer the option
provided for in subdivision (a), the local educational agency shall
contract with a training provider that is approved by the state board
and whose training curriculum meets the criteria established by the
state board and is based on the areas listed in paragraphs (1) to
(3), inclusive, of subdivision (a).
(d) The Superintendent may appoint an advisory committee to ensure
the quality and effectiveness of the training provided pursuant to
this section. If an advisory committee is established, the majority
of the committee shall be made up of professionals with expertise in
addressing the needs of pupils with disabilities or expertise in
implementing effective response to intervention strategies and
programs.