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  ****