BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 250| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 250 Author: Brownley (D), et al. Amended: 8/30/11 in Senate Vote: 21 SENATE EDUCATION COMMITTEE : 8-2, 7/6/11 AYES: Lowenthal, Alquist, Blakeslee, Hancock, Liu, Price, Simitian, Vargas NOES: Runner, Huff NO VOTE RECORDED: Vacancy SENATE APPROPRIATIONS COMMITTEE : 6-3, 8/25/11 AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg NOES: Walters, Emmerson, Runner ASSEMBLY FLOOR : 52-24, 6/1/11 - See last page for vote SUBJECT : Instructional materials: pupil assessment SOURCE : Author DIGEST : 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. This bill provides that the Department of Education shall use federal carryover funds received pursuant to Title I of the federal No Child Left Behind Act (Act) of 2001 (20 U.S.C. Sec. 6301 et seq.), and any other available state and federal CONTINUED AB 250 Page 2 funds, to implement this Act. ANALYSIS : 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. 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 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. 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." Existing 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 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. This bill establishes a process for the full implementation AB 250 Page 3 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 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 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 AB 250 Page 4 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. 2. Requires the 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 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 AB 250 Page 5 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 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 Internet Web site 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 AB 250 Page 6 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. 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 AB 250 Page 7 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 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: (1) The common core academic content standards. (2) Frameworks. (3) English language development standards. (4) Instructional strategies to support all pupils, including English learners, pupils with disabilities and underperforming pupils. (5) Instructional strategies that promote creativity, innovation, critical thinking, problem solving, collaboration, and communication skills in all academic content areas. (6) The use of instructional technology. (7) The integration of subject content AB 250 Page 8 knowledge. (8) Instructional leadership and coaching. (9) Professional development opportunities for teachers, principals and 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. Standardized Testing and Reporting (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 SBE. 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. AB 250 Page 9 F. Parents. 4. Adds the following definitions: A. Formative assessment. B. High-quality assessment. C. Interim assessment. Miscellaneous 1. Funding : This bill provides that the Department of Education shall use federal carryover funds received pursuant to Title I of the federal Act of 2001 (20 U.S.C. Sec. 6301 et seq.), and any other available state and federal funds, to implement this Act. 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. Comments 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 subject typically takes 30 months. 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 AB 250 Page 10 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. Locally reviewed instructional materials . The 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. 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. Efforts already underway . The 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 AB 250 Page 11 supplemental materials according to evaluation criteria developed by the CDE. The CDE also stated it will post on its Internet Web site 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. 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. 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 state to implement those standards as well. 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 Internet Web site includes a compilation of subject-matter curriculum, including information about the common core standards, organized by individual grade levels AB 250 Page 12 (grades K-5). The CDE's Internet Web site 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. STAR program . The 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, the California Alternate Performance Assessment and the California Modified Assessment 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 AB 250 Page 13 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. Related Legislation SB 140 (Lowenthal), 2011-12 Session, establishes a temporary streamlined process for the state-level approval of supplemental instructional materials that 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. (On Assembly Third Reading File) AB 124 (Fuentes), 2011-12 Session, 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. (On Senate Third Reading File) SB 740 (Hancock), 2011-12 Session, among other things, eliminates the requirement that pupils in the second grade be assessed pursuant to the Standardized Testing and Reporting (STAR) Program. (Held under submission in Assembly Appropriations Committee) AB 250 Page 14 SB 402 (Correa), 2011-12 Session, requires each curriculum framework to describe how content can be delivered to intentionally build specific skills into and across each content area. (On Assembly Third Reading File) FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 8/30/11) 21st Century Coalition for California Alameda County Superintendent of Schools Association of American Publishers Bay Area Council Business for Science, Math and Related Technology Education California Association for Bilingual Education California Council for the Social Studies California School Boards Association California State PTA Californians Together Educating for Democracy: California Campaign for the Civic Mission of Schools El Segundo Unified School District Lennox School District Los Angeles Area Chamber of Commerce netTrekker North Orange County Community College District Parents for Great Education San Bernardino County District Advocates for Better Schools San Francisco Unified School District Santa Clara County Office of Education State Superintendent of Public Instruction ARGUMENTS IN SUPPORT : 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." AB 250 Page 15 ASSEMBLY FLOOR : 52-24, 6/1/11 AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Davis, Dickinson, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani, Gatto, Gordon, Hall, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan, Perea, Portantino, Skinner, Solorio, Swanson, Torres, Wieckowski, Williams, Yamada, John A. Pérez NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly, Beth Gaines, Grove, Hagman, Halderman, Harkey, Jones, Knight, Logue, Mansoor, Miller, Morrell, Nestande, Nielsen, Norby, Olsen, Silva, Smyth, Valadao, Wagner NO VOTE RECORDED: Garrick, Gorell, Jeffries, V. Manuel Pérez CPM:do 8/30/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****