BILL ANALYSIS
AB 2095
Page 1
Date of Hearing: May 12, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2095 (Brownley) - As Amended: April 28, 2010
Policy Committee: Education
Vote:9-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill requires the State Board of Education (SBE) to ensure
K-12 curriculum frameworks and K-8 instructional materials (IM)
include the needs of pupils with disabilities, English language
development (ELD) standards, and ELD strategies in the four core
subjects of mathematics, science, history/social science, and
English language arts (ELA). Specifically, this bill:
1)Requires the SBE to ensure the basic IM it adopts for
mathematics and reading in grades 1-8, inclusive, are based on
the fundamental skills required by these subjects, including
English language skills for speakers of Spanish, Vietnamese,
Filipino, Cantonese, Hmong, and Korean for whom English is a
second language.
2)Requires the criteria for evaluating IM developed by the
Curriculum Development and Supplemental Materials Commission
(CDSMC) to include directions to publishers to align both
lessons and teacher's editions, at every grade level and
subject, with instructional strategies to address the needs of
pupils with disabilities and English learner (EL) pupils, and
ELD standards (as appropriate), as specified.
3)Requires the governing board of a school district maintaining
one or more high schools to ensure EL pupils and pupils with
disabilities are provided with appropriate IM in all four core
subjects.
4)Authorizes eligible teachers to participate in 40 hours of
instruction in a response to intervention (RTI) model training
and training to address the learning needs of pupils with
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disabilities as an option to fulfilling up to 50% of the 80
hours of follow-up training required under the Mathematics
Reading and Professional Development (MRPD) program, as
specified.
FISCAL EFFECT
1)GF administrative costs, likely between $50,000 and $125,000,
to the State Department of Education (SDE) to meet the
requirements of this bill with regard to adopting IM. These
costs would be in addition to the $705,000 GF for the
operation of the CDSMC that the governor vetoed in July 2009.
Due to the enactment of AB 2 X4 (Evans), Chapter 2, Statutes
of 2009 (see below), the governor vetoed $705,000 (GF) for the
CDSMC, which conducts the majority of the work associated with
IM adoptions. Specifically, the governor stated, "it is
unnecessary for the CDSMC to continue to advise the SBE on
content frameworks and IM adoptions for the next five years or
until an agreed-upon process is reestablished. This reduction
removes funding for unnecessary commission per diem and travel
as well as funding for SDE staff."
2)Potential GF/98 cost pressure, of approximately $42.3 million,
to provide local education agencies (LEAs) with increased
funding under the Instructional Materials Funding and
Realignment Program (IMFRP).
This bill requires the criteria for evaluating IM developed by
the CDSMC to include directions to publishers to align both
lessons and teacher's editions, at every grade level and
subject, with instructional strategies to address the needs of
pupils with disabilities and EL pupils, and ELD standards (as
appropriate), as specified. Depending on the depth and
breadth of the developed criteria, there is the potential for
increased costs of textbooks in the four core subjects. The
governor's January proposed budget provides $332.5 million for
IMFRP, including a 19.81% reduction.
3)GF administrative costs, of at least $100,000, to the SDE to
implement the requirements of this measure. These costs are
associated with the hiring of staff for the purpose of
implementing this new provision of the MRDP program.
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SUMMARY CONTINUED
5)Requires teachers participating in the training referenced
above to have completed 40 hours of initial training required
under the MRDP program and requires LEAs to contract with a
training provider that is approved by the SBE, as specified.
6)Expresses Legislative intent the Standardized Testing and
Reporting (STAR) program, upon its reauthorization in the
2013-14 school year, meet specified requirements related to
reliability, validity and needs/accommodations for EL pupils
and pupils with disabilities, as specified.
COMMENTS
1)Background . Prior to the enactment of AB 2 X4 (Evans),
Chapter 2, Statutes of 2009 in July 2009 (see below), statute
required the SBE to adopt basic IM in the core academic
content areas (ELA, mathematics, history/social science, and
science) every six years for use in grades K-8. It also
established a schedule for the adoption of IM in other
subjects. Statute also required the SBE to adopt statewide
academically rigorous content standards in the core curriculum
areas. 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. The
development of curriculum frameworks is a multi-year process.
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.
2)Purpose . Many individuals argue that California's current
adoption process for IM does not provide enough options to
school districts, particularly for ELL pupils and pupils with
disabilities. In recent years, several legislators have argued
that the SBE's policies and decisions about the adoption and
purchase of IM have hindered local districts' ability to
select the best materials for their students. For example, the
SBE had routinely adopted less than five selections for each
primary adoption (i.e., ELA, mathematics, science, etc.) and
has failed to adopt a basic program that accounts for the
needs of students learning a second language and pupils with
disabilities.
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There were 1.5 million (24%) enrolled in California schools in
2008-09. Of this number 1.5 million (53%) were enrolled in
grades K-6. Likewise, there were 678,105 (11%) pupils with
disabilities enrolled in California schools during this same
time period. According to the author, "The purpose of this
bill is to ensure educators have some of the critical tools
and support systems in place to meet the instructional needs
of English learners (ELs) and students with disabilities in an
effort to close the achievement gap."
3)The MRPD program was established by AB 466 (Strom-Martin),
Chapter 737, Statutes of 2001, to provide training to math and
reading teachers until January 1, 2006. SB 472 (Alquist),
Chapter 524, Statutes of 2006, reauthorized this program until
2012.
The MRDP program is a reimbursement program that currently
provides $2,116 per teacher to complete 40 hours of initial
training and 80 hours of follow-up training (a total of 120
hours). Teachers receive training on the statewide academic
content standards in reading/language arts (RLA) and
mathematics as well as training on the state-adopted
instructional materials for these subjects. The initial 40
hours of training is provided by training providers approved
by SBE. The 80 hours of follow-up training must be completed
within two years of the initial training and includes
instruction, coaching, or additional schoolsite assistance
based upon the individual teacher or school needs.
Chapter 524 also established an EL component to the MRPD
program that provides 40 hours in RLA to teachers of ELL
pupils. Specifically, this training focuses on language
development standards, second language acquisition skills, SBE
approved instructional materials, supplemental instructional
materials, and strategies to differentiate instruction for ELL
pupils in the content area of RLA. The 40 hours of training
for teachers of ELL pupils may be applied to meeting the 80
hours of follow-up training.
This bill authorizes up to 40 hours of teacher training in a
RTI model and instructional strategies for pupils with
disabilities be applied to meeting the 80 hours of follow-up
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training required under MRDP. The 2009 Budget Act allocated
$45.4 million for the MRDP program, including a 19.84%
reduction.
4)AB 2 X4 (Evans), Chapter 2, Statutes of 2009 , specified that
LEAs are not required to purchase IM through the 2012-13
fiscal year. Consistent with the non-purchasing requirement,
Chapter 2 also suspended the requirement for SBE to adopt IM
or conduct other procedures associated with adoption (i.e.,
adopting curriculum frameworks) until the 2013-14 school year.
5)Related legislation . AB 2069 (Carter), pending in this
committee, establishes a timeline for the adoption of IM
commencing with the 2013-14 school year.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081