BILL ANALYSIS                                                                                                                                                                                                    



                                        


                         SENATE COMMITTEE ON EDUCATION
                             Alan Lowenthal, Chair
                           2011-2012 Regular Session
                                        

          BILL NO:       AB 250
          AUTHOR:        Brownley
          AMENDED:       June 29, 2011
          FISCAL COMM:   Yes            HEARING DATE: July 6, 2011
          URGENCY:       No             CONSULTANT:Lynn Lorber

           SUBJECT  :  Curricular frameworks, instructional materials, 
          and professional
                    development aligned to the common core academic 
                    content standards.
          
           SUMMARY
           
          This bill establishes a process for the full implementation 
          of the common core academic content standards through the 
          development of curricular frameworks, instructional 
          materials, and professional development aligned with the 
          common core standards.

           BACKGROUND
           
          The State Board of Education (SBE) adopted common core 
          academic content standards in English language arts and 
          mathematics on August 2, 2010.  The most recently adopted 
          curricular frameworks and instructional materials are not 
          fully aligned with the common core standards and the 
          process to update curricular frameworks and adopt 
          instructional materials has been suspended since July 2009 
          and is suspended until the 2015-16 school year.  (Education 
          Code  60200, 60200.7 and 60605.8)

          The process to review and update frameworks includes the 
          initial drafting of the framework, review by a subject 
          matter committee, public review, revision of the draft, 
          presentation to the SBE, and a public hearing of, and 
          approval by, the SBE.  This process typically takes 24 
          months.

          Once the framework for a particular subject is adopted by 
          the SBE, the instructional material adoption process 
          begins, which includes submissions from publishers, review 







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          by the Instructional Materials Advisory Reviewer and 
          Content Review Expert (both are appointed by the SBE), 
          Curriculum Commission hearings and SBE adoption.  The 
          adoption process typically takes 30 months.  (EC  60200)  

          Article IX, Section 7.5 of the California Constitution 
          states "The State Board of Education shall adopt textbooks 
          for use in grades one through eight throughout the State, 
          to be furnished without cost as provided by statute."  


          Current law requires school districts to adopt 
          instructional materials for use in their high schools.  
          Only instructional materials of those publishers who comply 
          with specified requirements (basic academic and social 
          content reviews, and requirements for publishers) may be 
          locally adopted.  (EC  60400)
          The state's existing professional development programs, 
          specifically the Mathematics and Reading Professional 
          Development Program and the Administrator Training Program, 
          are outdated and not aligned to the common core standards.  
          (EC  44510 and  99230)

           ANALYSIS
           
           This bill  establishes a process for the full implementation 
          of the common core academic content standards through the 
          development of curricular frameworks, instructional 
          materials, and professional development aligned with the 
          common core standards.  Specifically, this bill:

           Frameworks

           1)   Requires the State Board of Education (SBE) to adopt 
               revised curriculum frameworks that are aligned to 
               California's common core academic content standards 
               for mathematics by May 30, 2013, and for English 
               language arts by May 30, 2014.

          2)   Requires SBE policies to ensure that the English 
               language arts frameworks for K-12 and instructional 
               materials for K-8 include the English language 
               development standards and strategies in math, science 
               and history-social science.  This bill imposes the 








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               same requirement as it applies to pupils with 
               disabilities but encompasses all subject areas.

          3)   Requires each frameworks to describe, to the extent 
               the SBE deems appropriate, the manner in which content 
               can be delivered to intentionally build specific 
               skills into and across each content area, including 
               creativity and innovation, critical thinking and 
               problem solving, communication, collaboration, and the 
               integration of content from one subject to another.

           Evaluation criteria

           1)   Requires the SBE to adopt criteria for the evaluation 
               of instructional materials aligned to California's 
               common core academic content standards in mathematics 
               by May 30, 2013, and in English language arts by May 
               30, 2014.

          2)   Requires the criteria for the review of English 
               language arts instructional materials to include 
               directions to publishers to align both lessons and 
               teacher's editions with English language development 
               standards and incorporate strategies to address, at 
               every grade level, the needs of all English learners.  
               The review criteria for all other subject areas is to 


               include directions to publishers to incorporate 
               strategies for English learners that are consistent 
               with the English language development standards. 

          3)   The review criteria for all subjects must also include 
               directions to publishers to incorporate instructional 
               strategies to address the needs of pupils with 
               disabilities in both sessions and teacher's editions 
               at every grade level.

           Instructional materials

           1)   Requires SBE to adopt procedures for the review of 
               instructional materials submitted by the SPI and 
               school districts. 









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          2)   Requires the Superintendent of Public Instruction 
               (SPI), and authorizes school districts, to submit K-8 
               instructional materials to the SBE for review.  The 
               currently-suspended process provided that the 
               Curriculum Commission reviews instructional materials 
               submitted to the state by publishers, for 
               recommendation to the State Board of Education (SBE) 
               for adoption.  This bill removes that function from 
               the Curriculum Commission (renamed in this bill as the 
               Instructional Quality Advisory Committee) and instead 
               requires the SPI and authorizes school districts to 
               review instructional materials for recommendation to 
               the SBE for adoption.

          3)   Requires the California Department of Education (CDE) 
               to assess a fee on a publisher that submits 
               instructional materials to the SPI after the 
               submission timeframe established by the SBE, and 
               prohibits the amount of the fee from exceeding the 
               reasonable costs to the CDE to conduct the review.

          4)   Authorizes school districts to submit to the SBE 
               instructional materials that are developed by the 
               district or by publishers or manufacturers.

          5)   Authorizes publishers or manufacturers to submit 
               instructional materials to school districts or the 
               SPI. 

          6)   Requires the process used by the SBE to review 
               instructional materials to involve review committees 
               that include, but are not limited to, volunteer 
               content experts and instructional materials reviewers 
               and must include a majority of classroom teachers from 
               a wide variety of affected grade levels and subject 
               areas.

          7)   Requires the rules and procedures used by the SBE for 
               adoption of instructional materials to be transparent 
               and consistently applicable regardless of format of 
               the instructional materials, including but not limited 
               to, print, digital, and open source materials.

          8)   Requires instructional materials submitted by the SPI 








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               or school districts to the SBE  for consideration of 
               adoption to:

               a)        Meet existing evaluation criteria (such as 
                    meeting the academic content standards and 
                    undergo an academic and social content review) or 
                    any other criteria established by the SBE 
                    necessary to meet its constitutional obligation 
                    to adopt textbooks for use in grades 1-8.

               b)        Include reports of findings that include 
                    information such as alignment of standards 
                    (standards maps), pupil assessments and support 
                    for teachers, English learners and pupils with 
                    disabilities.

               c)        For school districts that recommend 
                    materials to the SBE, ensure that a majority of 
                    an instructional materials review committee be 
                    comprised of classroom teachers who are assigned 
                    to teach the grade in which the instructional 
                    materials are to be used.  

          9)   Requires the CDE to provide to school districts and 
               post on its website the list of adopted materials, as 
               well as the standards maps, assessment and supports 
               for teachers, English learners and pupils with 
               disabilities.

          10)  Repeals the existing (currently-suspended) schedule 
               for the adoption of instructional materials in 
               specific subject areas. 

          11)  Changes the adoption cycle from every six years for 
               core subjects and eight years for other subject areas, 
               to every eight years for all subject areas.  

           Instructional Quality Advisory Committee

           1)   Changes the name of the Curriculum Commission to the 
               Instructional Quality Advisory Committee (advisory 
               committee), as the body that is currently required to:

               a)        Recommend curriculum frameworks to the SBE.








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               b)        Develop criteria for the review of 
                    instructional materials submitted to adoption.

               c)        Recommend to the SBE policies and activities 
                    to assist in the use of the frameworks and model 
                    curriculum.

          2)   Removes from this body the statutory responsibility 
               for reviewing instructional materials and making 
               recommendations for adoption to the SBE, and instead 
               requires the SPI, and authorizes school districts, to 
               review instructional materials and recommend materials 
               to the SBE for adoption.  However, the advisory 
               committee may make recommendations to the SBE upon 
               request, as follows:


               a)        Review reports of finding (standards maps, 
                    supports for teachers and pupils) submitted by 
                    the SPI or school districts.

               b)        Review instructional materials.

               c)        Hear appeals.

               d)        Give independent advice to the SBE about 
                    whether the materials meet the evaluation 
                    criteria.

          3)   Requires the advisory committee to advise and make 
               recommendations to the SBE including but not limited 
               to, what policies and activities are needed to 
               implement California's common core standards and bring 
               the state's curricular frameworks, instructional 
               materials, professional development, pupil 
               assessments, and academic accountability systems into 
               alignment with the common core standards.

           Professional development

           1)   Requires the SPI, in consultation with teachers, 
               district and county office of education curriculum 
               administrators, professional development training 








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               experts and representatives from institutions of 
               higher education or other educational agencies and 
               organizations as deemed appropriate by the SPI, to 
               develop a system of professional development for 
               teachers and administrators that includes but is not 
               limited to, all of the following:

               a)        Model professional development modules for 
                    teachers, principals and other school leaders.

               b)        Criteria to guide the development of the 
                    modules.  The criteria must be based on the 
                    California Standards for the Teaching Profession, 
                    and in consideration of the National Development 
                    Council Standards for professional development.

               c)        The use of assessments and data to support 
                    teaching and learning.

               d)        The modules are to deepen the understanding 
                    of all of the following:

                    i)             The common core academic content 
                         standards.
                    ii)            Frameworks.
                    iii)           English language development 
                         standards.
                    iv)            Instructional strategies to 
                         support all pupils, including English 
                         learners, pupils with disabilities and 
                         underperforming pupils.
                    v)             Instructional strategies that 
                         promote creativity, innovation, critical 
                         thinking, problem solving, collaboration, 
                         and communication skills in all academic 
                         content areas.
                    vi)            The use of instructional 
                         technology.
                    vii)           The integration of subject content 
                         knowledge.
                    viii)          Instructional leadership and 
                         coaching.
                    ix)            Professional development 
                         opportunities for teachers, principals and 








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                         school leaders.

               e)        Modules, available through multiple delivery 
                    methods, including school-based and web-based 
                    delivery.

          2)   Specifies that consultation with teachers includes but 
               is not limited to credentialed employees selected from 
               a wide variety of affected grade levels and subject 
               areas and geographical areas.

           STAR program

           1)   Extends the sunset date on the STAR program by one 
               year to July 1, 2014 (through the 2013-14 school 
               year).

          2)   Requires the SPI to develop recommendations for the 
               reauthorization of the state's assessment system, 
               specifically considering numerous elements such as 
               alignment with the common core standards, measuring 
               pupil growth over time, multiple measures of pupil 
               achievement, and diagnostic assessment for pupils in 
               grade 2.    This bill requires the SPI to submit this 
               report to the Legislature by November 1, 2012.

          3)   Requires the SPI, in developing the recommendations 
               for a reauthorized assessment system, to consult with 
               all of the following:

               a)        The State Board of Education.

               b)        The Academic Performance Index advisory 
                    committee.

               c)        Measurement experts from California's public 
                    and private universities.

               d)        Experts in assessing pupils with 
                    disabilities and English learners.

               e)        Teachers, administrators, and governing 
                    board members.









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               f)        Parents.

          4)   Adds the following definitions:

               a)        Formative assessment.
               b)        High-quality assessment.
               c)        Interim assessment.

           Miscellaneous
           
          1)   This bill provides that its implementation is subject 
               to the appropriation of funding in the Budget Act or 
               other measure.


          2)   This bill makes several findings and declarations, and 
               states that it is the intent of the legislature that 
               curriculum instruction and an assessment system be 
               developed to implement the common core standards that 
               focuses on integrating 21st Century skills, and 
               promotes higher order thinking skills and 
               interdisciplinary approaches, among other things.

           STAFF COMMENTS
           
           1)   Purpose of the bill  .  According to the author, "The 
               common core state standards establish clear goals for 
               learning that will prepare pupils for success in 
               college and careers.  The adoption of the common core 
               state standards will only have an impact on the 
               achievement of California's pupils if the state starts 
               a process to bring the curriculum, instruction and 
               assessment system into alignment with the common core 
               state standards."

           2)   Frameworks and evaluation criteria  .  The existing 
               process to review and update the curriculum framework 
               in one subject area typically takes 24 months.  This 
               bill requires the SBE to adopt frameworks, and 
               criteria for the evaluation of instructional 
               materials, aligned to the common core standards in 
               mathematics by May 30, 2013 and in English language 
               arts by May 30, 2014.  The existing process used to 
               review and adopt instructional materials in one 








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               subject typically takes 30 months.  

           3)   New roles for the review and recommendation of 
               instructional materials  .  This bill removes the 
               Curriculum Commission from having a role in the 
               process to review and recommend instructional 
               materials for adoption by the SBE.  Instead, this bill 
               requires the SPI and authorizes school districts to 
               review instructional materials and submit 
               recommendations to the SBE for adoption.  This bill 
               otherwise keeps the Curriculum Commission intact, with 
               a new name, with responsibility for reviewing and 
               revising frameworks and evaluation criteria.  Removing 
               a state-level body from the instructional materials 
               adoption process could simplify and streamline this 
               process, and allows districts to have a larger role in 
               selecting instructional materials for use in their 
               schools.

               This reduction in function of the Curriculum 
               Commission arguably diminishes the role of the SBE, as 
               the SBE appoints members to the Commission.  This bill 
               does authorize the newly named Instructional Quality 
               Advisory Committee to review standards map, 
               instructional materials and hear appeals, but only 
               upon request of the SBE.  It appears appropriate to 
               allow the SBE to determine if and when it is necessary 
               for further state-level review of materials rather 
               than require a potentially duplicative activity.  

           4)   Locally reviewed instructional materials  .  The State 
               Board of Education (SBE) is required to adopt 
               instructional materials for grades K-8, and does so 
               based on recommendations of the Curriculum 
               Commission's review of materials.  School districts 
               currently review and adopt instructional materials for 
               grades 9-12 but do not have the authority to adopt 
               their own choice of materials for K-8.  This bill 
               increases districts participation in the selection of 
               instructional materials by expanding the authority of 
               school districts to review instructional materials to 
               all grades and allows districts 
                
                to recommend to the SBE those materials for adoption.  








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               The responsibility to adopt instructional materials 
               for use in K-8 schools is retained by the SBE which 
               balances increased local control with state oversight.

           5)   Efforts already underway  .  The California Department 
               of Education (CDE) recently released to publishers an 
               invitation to publishers of state-adopted programs in 
               mathematics and language arts to submit supplemental 
               instructional materials that bridge the gap between 
               the publishers' existing materials and the common core 
               standards.  According to this invitation, teachers and 
               content experts recruited by the SPI will review the 
               supplemental materials according to evaluation 
               criteria developed by the CDE.  The CDE also stated it 
               will post on its website a list of the instructional 
               materials that are found to meet the criteria to 
               provide resources that can help school districts 
               transition to the common core standards.  The CDE's 
               plans closely but don't exactly replicate the process 
               proposed by related legislation (see Comment #11). 

           6)   Timeline for adoptions  .  This bill does not provide 
               timelines for the submission of instructional 
               materials by publishers to the SPI or districts, when 
               the SPI and districts must provide recommendations to 
               the SBE, or a date by which the SBE is to adopt 
               instructional materials.   The author intends to allow 
               for "rolling adoptions" whereby the SBE may accept 
               recommendations for the adoption of instructional 
               materials, presumably in various subject areas, at any 
               time or within a timeframe if the SBE chooses to 
               establish parameters on the adoption process.

           7)   Other subjects  .  This bill deletes the current 
               statutory schedule for the adoption of materials in 
               various subject areas, and does not specifically 
               address frameworks or instructional materials in 
               subjects other than English language arts and 
               mathematics.  This bill addresses the immediate need 
               for instructional materials and professional 
               development aligned with the common core which current 
               includes only English language arts and mathematics.  
               The development of common core standards in other 
               subject areas appears eminent; this bill positions the 








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               state to implement those standards as well.  
           
           8)   Professional development  .  California's common core 
               standards are generally similar to the state's prior 
               standards in mathematics and English language arts yet 
               some significant variations exist.  For example, the 
               common core standards in English language arts have a 
               greater focus on text complexity, address reading and 
               writing across subject areas, and focus on writing 
               arguments and drawing evidence from sources.  The 
               common core standards in mathematics include two 
               options for eighth grade (8th grade math and Algebra 
               I) and shift grade level for some skills.  
          The CDE's website includes a compilation of subject-matter 
               curriculum, including information about the common 
               core standards, organized by individual grade levels 
               (grades K-5).  The CDE's website also includes a link 
               to a grade level curriculum webinar series.  However, 
               professional development that is aligned to the common 
               core is not currently uniformly available on a 
               statewide basis, nor does the state make available to 
               schools model professional development programs or 
               components.  In the past, the state has developed 
               professional development training modules (in 
               mathematics and reading, as well as training for 
               school administrators) that was used by county offices 
               of education, school districts and other groups to 
               provide training on specific elements of the academic 
               content standards. This bill requires the SPI to 
               develop similar professional development opportunities 
               that are aligned to the common core standards.  The 
               goal is to design professional development that is 
               based on the standards, not tied to specific 
               instructional materials.

          This bill does not provide a timeline by which the SPI is 
               to develop a system of professional development. 

           9)   STAR program  .  The Standardized Testing and Reporting 
               (STAR) Program requires pupils to be tested in English 
               language arts, mathematics, science and history-social 
               science at specific grade levels.  The STAR Program 
               includes the California Standards Tests (CSTs), the 
               California Alternate Performance Assessment (CAPA) and 








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               the California Modified Assessment (CMA) administered 
               to  certain pupils with disabilities, and a national 
               test in Spanish that is administered to Spanish 
               speaking English learners who have been in school in 
               the U.S. less than 12 months or who are receiving 
               instruction in Spanish.

          This bill extends the operative date of the state's 
               assessment system by one year (through the 2013-14 
               school year) to provide policymakers with the 
               opportunity to examine national initiatives to develop 
               common core assessments, and give the state 
               flexibility to react to any changes that may result 
               from the eventual reauthorization of the federal 
               Elementary and Secondary Education Act.  In June 2011, 
               California became a governing member of the SMARTER 
               Balanced consortium of states working to develop 
               high-quality assessments based on the common core, 
               which commits the state to participate in the piloting 
               of new assessments as early as the 2014-15 school 
               year.  The extension of the STAR program provides the 
               opportunity for the Legislature to consider all 
               assessment options before reinvesting in a statewide 
               assessment system.

          This bill requires the SPI to submit a report including 
               recommendations for the reauthorization of a statewide 
               pupil assessment system to the Legislature by November 
               1, 2012.  This bill extends the statewide assessment 
               system until July 1, 2014, to allow time for the 
               development of national common core assessments and 
               the potential reauthorization of related federal law.  
                The November 2012 deadline may not provide sufficient 
               time for the SPI to develop useful recommendations on 
               a new assessment system.  The intent was to have 
               recommendations prepared for legislation in 2013, in 
               anticipation of the 2014 sunset on the STAR program.  
               It is staff's understanding that the author intends to 
               revisit this issue considering that California 
               recently became a governing state in one of the 
               consortia developing new common core assessments.  One 
               option may be for the SPI to provide the Legislature 
               with information about the work on these consortia in 
               the development of new assessments.








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           10)  Fiscal impact  .  According to the Assembly 
               Appropriations Committee, this bill would impose:

               a)        Annual General Fund administrative costs, 
                    until 2014, likely between $200,000 and $500,000, 
                    to the Instructional Quality Advisory Committee 
                    to develop frameworks aligned to the common core 
                    standards.  

               b)        One-time General Fund administrative costs, 
                    likely between $150,000 and $200,000, to CDE to 
                    develop recommendations for the reauthorization 
                    of the state's assessment program to integrate 
                    the common core standards.
               General Fund (Proposition 98) costs of at least $35 
                    million, to extend the sunset of the Standardized 
                    Testing and Reporting (STAR) program. 

               c)        General Fund (Proposition 98) cost pressure, 
                    likely in the low millions, to provide 
                    professional development funding to school 
                    districts to implement the common core standards, 
                    as specified.  

               d)        General Fund (Proposition 98) cost pressure, 
                    at least in the tens to hundreds of millions, to 
                    school districts to purchase instructional 
                    materials aligned to the common core standards.  

               The 2011-12 Budget Act (SB 87, Ch. 33, June 30, 2011) 
               includes $3.5 million in federal funds to support 
               initial implementation of the common core standards, 
               including revising the English language development 
               standards for alignment with the common core standards 
               in English language arts, providing professional 
               development on common core standards, and establishing 
               a state-level process for approval of supplemental 
               instructional materials aligned to the common core 
               standards.

           11)  Related legislation .  SB 140 (Lowenthal) establishes a 
               temporary streamlined process for the state-level 
               approval of supplemental instructional materials that 








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               are aligned with the common core academic content 
               standards, and expands the authority of local school 
               boards to approve these supplemental materials to 
               include K-8 schools.  SB 140 is scheduled to be heard 
               in the Assembly Education Committee on July 6, 2011.

          AB 124 (Fuentes) establishes the English Language 
               Development (ELD) Standards Advisory Committee for the 
               purpose of   aligning the ELD standards to the common 
               core standards in English language arts. 
               AB 124 passed this Committee on June 22, on an 8-1 
               vote, and is currently pending in the Senate Rules 
               Committee.

               SB 740 (Hancock), among other things, eliminates the 
               requirement that pupils in the second grade be 
               assessed pursuant to the Standardized Testing and 
               Reporting (STAR) Program.  SB 740 is scheduled to be 
               heard in the Assembly Education Committee on July 6, 
               2011.

               SB 402 (Correa) requires each curriculum framework to 
               describe how content can be delivered to intentionally 
               build specific skills into and across each content 
               area.  SB 402 is scheduled to be heard in the Assembly 
               Appropriations Committee on July 6, 2011.  

           SUPPORT
           
          21st Century Coalition for California
          California Association for Bilingual Education
          California Council for the Social Studies
          Californians Together
          California School Boards Association
          California State PTA

           OPPOSITION

           None on file.













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