BILL NUMBER: AB 1246 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 30, 2011
INTRODUCED BY Assembly Member Brownley
FEBRUARY 18, 2011
An act to amend Section 60810 Sections
60200, 60203, and 60204 of the Education Code, relating to
pupil assessment instructional materials
.
LEGISLATIVE COUNSEL'S DIGEST
AB 1246, as amended, Brownley. Pupil assessment: English
language development. Instructional materials.
(1) Existing law requires the State Board of Education to adopt
basic instructional materials for use in kindergarten and grades 1 to
8, inclusive, for governing boards, as defined, subject to specified
provisions. Existing law authorizes instructional materials to be
submitted for adoption in certain subject areas according to 6- and
8-year submission cycles.
This bill would require the Superintendent of Public Instruction,
and authorize school districts, to submit instructional materials for
review to the state board, which would be required to adopt
procedures for the review of those submitted instructional materials.
The bill would add additional requirements for the review and
adoption of instructional materials, including, but not limited to,
changing the submission cycles to 8 years for all subject areas and
requiring the State Department of Education to assess a reasonable
fee on a publisher or manufacturer if it submits instructional
materials for review after the applicable timeframe. The bill also
would authorize the Superintendent and school districts to recommend
to the state board instructional materials for its adoption, as
specified.
(2) Existing law requires the Curriculum Development and
Supplemental Materials Commission to recommend curriculum frameworks
for adoption by the state board, develop criteria for evaluating
instructional materials, study and evaluate instructional materials
submitted for adoption, recommend to the state board instructional
materials that it approves for adoption, and review specified
educational films or video recordings. Existing law requires the
state board to give the commission a public hearing before making any
adoption of instructional materials for use in elementary schools.
This bill would delete the requirement that the commission study
and evaluate instructional materials, recommend instructional
materials, and review specified educational films or video
recordings. The bill would require the commission to perform
additional prescribed functions. The bill would instead require the
state board to hold a public hearing before adopting instructional
materials for use in elementary schools.
Existing law requires the Superintendent of Pubic Instruction to
review tests that assess the English language development of pupils
whose primary language is a language other than English. Existing law
requires the tests or series of tests to meet specified
requirements, including, but not limited to, a requirement that the
test or series of tests be aligned with the standards for English
language development adopted by the State Board of Education pursuant
to specified law.
This bill would require that the test or series of tests be
aligned with the standards for English language development adopted
by the state board pursuant to specified law, and revised thereafter.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 60200 of the
Education Code is amended to read:
60200. The state board shall adopt basic instructional materials
for use in kindergarten and grades 1 to 8, inclusive, for governing
boards, subject to the following provisions:
(a) The state board shall adopt at least five basic instructional
materials for all applicable grade levels in each of the following
categories subject areas :
(1) Language arts, including, but not limited to, spelling and
reading. However, the The state board
may not adopt basic instructional materials in this category
subject area or the category
subject area specified by paragraph (2) in the year
succeeding the year in which the state board adopts basic
instructional materials in this category
subject area for the same grade level.
(2) Mathematics. However, the The
state board may not adopt basic instructional materials in this
category subject area or the
category subject area specified by paragraph (1)
in the year succeeding the year in which the state board adopts
basic instructional materials in this category
subject area for the same grade level.
(3) Science.
(4) Social science.
(5) Bilingual or bicultural subjects.
(6) Any other subject, discipline, or interdisciplinary areas for
which the state board determines the adoption of instructional
materials to be necessary or desirable.
(b) The state board shall adopt procedures for the submission of
basic instructional materials and for the review of submitted
instructional materials by the Superintendent and school districts
in order to comply with each of the following:
(1) Instructional materials may be submitted for adoption
The Superintendent shall, and school districts may,
submit instructional materials for review in any of the subject
areas pursuant to paragraphs (1) to (5) (6)
, inclusive, of subdivision (a) not less than two
times every six years and in any of the subject areas pursuant to
paragraph (6) of subdivision (a) not less than two times
every eight years. The state board shall ensure that curriculum
frameworks are reviewed and adopted in each subject area
consistent with the six- and eight-year submission cycles
and that the criteria for evaluating instructional materials
developed pursuant to subdivision (b) of Section 60204 are consistent
with subdivision (c) (d) . The state
board may prescribe reasonable conditions to restrict the
resubmission of materials that have been previously rejected if those
resubmitted materials have no substantive changes.
(2) If a publisher or manufacturer submits an instructional
material for review to the Superintendent after the timeframe
specified by the state board, the department shall assess a fee on
the submitting publisher or manufacturer in an amount that shall not
exceed the reasonable costs to the department to conduct a review of
the instructional material pursuant to this section.
(2) Submitted instructional
(3) Instructional materials
recommended by the Superintendent or a school district for adoption
by the state board shall be adopted or rejected within six
months of the submission date of the materials pursuant to
paragraph (1) date the materials are recommended by
the Superintendent or a school district , unless the state
board determines that a longer period of time, not to exceed an
additional three months, is necessary due to the estimated volume or
complexity of the materials for that subject in that year, or due to
other circumstances beyond the reasonable control of the state board.
(4) Instructional materials submitted by school districts may be
developed by either a district or by publishers or manufacturers of
instructional materials. Publishers or manufacturers of instructional
materials may submit instructional materials to either a school
district or to the Superintendent.
(5) The process for review of instructional materials shall
involve review committees, which shall include, but not be limited
to, volunteer content experts and instructional material reviewers,
and shall be composed of a majority of classroom teachers from a wide
variety of affected grade levels and subject areas.
(6) The rules and procedures for adoption of instructional
materials shall be transparent and consistently applicable regardless
of the format of the instructional materials, which may include, but
not be limited to, print, digital, and open-source instructional
materials.
(c) (1) The Superintendent and school districts may recommend to
the state board instructional materials for its adoption and use in
kindergarten and grades 1 to 8, inclusive.
(2) The Superintendent or a school district may recommend only
instructional materials that meet the criteria specified in
paragraphs (1) to (5), inclusive, of subdivision (d) and any other
criteria that the state board may establish as necessary to
accomplish the intent of Section 7.5 of Article IX of the California
Constitution.
(3) When the Superintendent and school districts recommend
instructional materials to the state board, they shall include
reports of findings that include information regarding alignment of
standards, program organization, pupil assessments, teacher support,
and support for English learners and pupils with disabilities.
(4) The governing board of a school district choosing to recommend
instructional materials to the state board shall ensure that a
majority of a review committee convened by the school district for
the purpose of selecting the instructional materials is composed of
classroom teachers who are assigned to teach the grade in which the
instructional materials are to be used.
(c)
(d) In reviewing and adopting or recommending for
adoption submitted basic instructional materials, the state board
shall use the following criteria, and ensure that, in its judgment,
the submitted basic instructional materials meet all of the following
criteria:
(1) Are consistent with the criteria and the standards of quality
prescribed in the state board's adopted curriculum framework. In
making this determination, the state board shall consider both the
framework and the submitted instructional materials as a whole.
(2) Comply with the requirements of Sections 60040, 60041, 60042,
60043, 60044, 60048, 60200.5, and 60200.6, and the state board's
guidelines for social content.
(3) Are factually accurate and incorporate principles of
instruction reflective of current and confirmed research.
(4) Adequately cover the subject area for
Are aligned to the content standards adopted by the state board in
the subject area and the grade level or levels for which they
are submitted.
(5) Do not contain materials, including illustrations, that
provide unnecessary exposure to a commercial brand name, product, or
corporate or company logo. Materials, including illustrations, that
contain a commercial brand name, product, or corporate or company
logo may not be used unless the state board determines
that the use of the commercial brand name, product, or corporate or
company logo is appropriate based on one of the following specific
findings:
(A) If text, the use of the commercial brand name, product, or
corporate or company logo in the instructional materials is necessary
for an educational purpose, as defined in the guidelines or
frameworks adopted by the state board.
(B) If an illustration, the appearance of a commercial brand name,
product, or corporate or company logo in an illustration in
instructional materials is incidental to the general nature of the
illustration.
(6) Meet other criteria as are established by the state board as
being necessary to accomplish the intent of Section 7.5 of Article IX
of the California Constitution and of Section 1 of Chapter 1181 of
the Statutes of 1989, provided that the criteria are approved by
resolution at the time the resolution adopting the framework for the
current adoption is approved, or at least 30 months prior to
before the date that the materials are to be
approved for adoption.
(d)
(e) If basic instructional materials are rejected, the
state board shall provide a specific, written explanation of the
reasons why the submitted materials were not adopted, based upon one
or more of the criteria established under subdivision (c)
(d) . In providing this explanation, the state
board may use, in whole or in part, materials written by the
commission Superintendent, school districts, or
any other advisers to the state board.
(e)
(f) The state board may adopt fewer than five basic
instructional materials in each subject area for each grade level if
either of the following occurs:
(1) Fewer than five basic instructional materials are submitted.
(2) The state board specifically finds that fewer than five basic
instructional materials meet the criteria prescribed by paragraphs
(1) to (5), inclusive, of subdivision (c) (d)
, or the materials fail to meet the state board's adopted
curriculum framework. If the state board adopts fewer than five basic
instructional materials in any subject for any grade level, the
state board shall conduct a review of the degree to which the
criteria and procedures used to evaluate the submitted materials for
that adoption were consistent with the state board's adopted
curriculum framework.
(f)
(g) This section does not limit the authority of the
state board to adopt materials that are not basic instructional
materials.
(g)
(h) If a district board the
governing board of a school district establishes to the
satisfaction of the state board that the state-adopted instructional
materials do not promote the maximum efficiency of pupil learning in
the school district, the state board shall authorize that
district governing board of the school
district to use its instructional materials allowances to
purchase materials as specified by the state board, in accordance
with standards and procedures established by the state board.
(h)
(i) Consistent with the quality criteria for the state
board's adopted curriculum framework, the state board shall prescribe
procedures to provide the most open and flexible materials
submission system and ensure that the adopted materials in each
subject, taken as a whole, provide for the educational needs of the
diverse pupil populations in the public schools, provide collections
of instructional materials that illustrate diverse points of view,
represent cultural pluralism, and provide a broad spectrum of
knowledge, information, and technology-based materials to meet the
goals of the program and the needs of pupils.
(i)
(j) Upon making an adoption, the state board shall make
available to listed publishers and manufacturers and all school
interests a listing of instructional materials, including the most
current unit cost of those materials as computed pursuant to existing
law. Items placed upon lists shall remain thereon, and be available
for procurement through the state's systems of financing, from the
date of the adoption of the item and until a date established by the
state board. The date established by the state board for
continuing items on that list shall be the date on which the state
board adopts instructional materials based upon a new or revised
curriculum framework. Lists of adopted instructional
materials shall be made available by subject and grade level to
school districts and posted on the department's Internet Web site,
and shall include information from the reports of findings pursuant
to paragraph (3) of subdivision (c) . The lists shall terminate
and shall no longer be effective on the date prescribed by the state
board pursuant to this subdivision.
(j)
(k) The state board may approve multiple lists of
instructional materials, without designating a grade or subject, and
the state board may designate more than one grade or subject whenever
it determines that a single subject designation or a single grade
designation would not promote the maximum efficiency of pupil
learning. Any materials so designated may be placed on single grade
or single subject lists, or multigrade or interdisciplinary lists, or
may be placed on separate lists including other materials with
similar grade or subject designations.
(k)
(l) A composite listing in the format of an order form
may be used to meet the requirements of this section.
( l )
(m) The lists maintained pursuant to this section shall
not be deemed to control the use period by any school district.
(m)
(n) The state board shall give publishers the
opportunity to modify instructional materials, in a manner provided
for in regulations adopted by the state board, if the state board
finds that the instructional materials do not comply with paragraph
(5) of subdivision (c) (d) .
(n)
(o) This section does not prohibit the publisher of
instructional materials from including whatever corporate name or
logo on the instructional materials that is necessary to provide
basic information about the publisher, to protect its copyright, or
to identify third-party sources of content.
(o)
(p) The state board may adopt regulations that provide
for other exceptions to this section, as determined by the board.
(p)
(q) The Superintendent shall develop, and the state
board shall adopt, guidelines to implement this section.
SEC. 2. Section 60203 of the Education
Code is amended to read:
60203. The state board shall give the commission
hold a public hearing before making any
adoption of adopting instructional materials
for use in the elementary schools of the state.
SEC. 3. Section 60204 of the Education
Code is amended to read:
60204. The commission established pursuant to Section 33530
shall do all of the following :
(a) Recommend curriculum frameworks to the state board.
(b) Develop criteria for evaluating instructional materials
submitted for adoption so that the materials adopted shall adequately
cover the subjects in the indicated grade or grades and comply with
the provisions of Article 3 (commencing with Section 60040) of
Chapter 1. The criteria developed by the commission shall be
consistent with the duties of the state board pursuant to Section
60200. The criteria shall be public information and shall be provided
in written or printed form to any person requesting such
that information.
(c) Study and evaluate instructional materials submitted for
adoption.
(d) Recommend to the state board instructional materials that it
approves for adoption.
(e) Review and have the authority to adopt the educational films
or video recordings produced in accordance with Article 3 (commencing
with Section 52740) of Chapter 11 of Part 28.
(c) Review reports of findings made by the Superintendent or by
school districts pursuant to paragraph (3) of subdivision (c) of
Section 60200, at the request of the state board, and review
instructional materials, as necessary.
(d) Hear appeals at the request of the state board.
(e) Give independent advice to the state board about whether
instructional materials meet the evaluation criteria developed
pursuant to subdivision (b).
(f) Recommend to the state board policies and activities to assist
the department and school districts in the use of the curriculum
framework and other available model curriculum materials for the
purpose of guiding and strengthening the quality of instruction in
the public schools.
SECTION 1. Section 60810 of the Education Code
is amended to read:
60810. (a) (1) The Superintendent shall review existing tests
that assess the English language development of pupils whose primary
language is a language other than English. The tests shall include,
but not be limited to, an assessment of achievement of these pupils
in English reading, speaking, and written skills. The Superintendent
shall determine which tests, if any, meet the requirements of
subdivisions (b) and (c). If any existing test or series of tests
meets these criteria, the Superintendent, with approval of the state
board, shall report to the Legislature on its findings and
recommendations.
(2) If no suitable test exists, the Superintendent shall explore
the option of a collaborative effort with other states to develop a
test or series of tests and share test development costs. If no
suitable test exists, the Superintendent, with approval of the state
board, may contract to develop a test or series of tests that meets
the criteria of subdivisions (b) and (c) or may contract to modify an
existing test or series of tests so that it will meet the
requirements of subdivisions (b) and (c).
(3) The Superintendent and the state board shall release a request
for proposals for the development of the test or series of tests
required by this subdivision. The state board shall select a
contractor or contractors for the development of the test or series
of tests required by this subdivision, to be available for
administration during the 2000-01 school year.
(4) The Superintendent shall apportion funds appropriated to
enable school districts to meet the requirements of subdivision (d).
The state board shall establish the amount of funding to be
apportioned per test administered, based on a review of the cost per
test.
(5) An adjustment to the amount of funding to be apportioned per
test is not valid without the approval of the Director of Finance. A
request for approval of an adjustment to the amount of funding to be
apportioned per test shall be submitted in writing to the Director of
Finance and the chairpersons of the fiscal committees of both houses
of the Legislature with accompanying material justifying the
proposed adjustment. The Director of Finance is authorized to approve
only those adjustments related to activities required by statute.
The Director of Finance shall approve or disapprove the amount within
30 days of receipt of the request and shall notify the chairpersons
of the fiscal committees of both houses of the Legislature of the
decision.
(b) (1) The test or series of tests developed or acquired pursuant
to subdivision (a) shall have sufficient range to assess pupils in
grades 2 to 12, inclusive, in English listening, speaking, reading,
and writing skills. Pupils in kindergarten and grade 1 shall be
assessed in English listening and speaking, and, once an assessment
is developed, early literacy skills. The early literacy assessment
shall be administered for a period of three years beginning after the
initial administration of the assessment or until July 1, 2012,
whichever occurs first. Six months after the results of the last
administered assessment are collected, but no later than January 1,
2013, the department shall report to the Legislature on the
administration of the kindergarten and grade 1 early literacy
assessment results, as well as on the administrative process, in
order to determine whether reauthorization of the early literacy
assessment is appropriate.
(2) In the development and administration of the assessment for
pupils in kindergarten and grade 1, the department shall minimize any
additional assessment time, to the extent possible. To the extent
that it is technically possible, items that are used to assess
listening and speaking shall be used to measure early literacy
skills. The department shall ensure that the test and procedures for
its administration are age and developmentally appropriate. Age and
developmentally appropriate procedures for administration may
include, but are not limited to, one-on-one administration, a small
group setting, and orally responding or circling a response to a
question.
(c) The test or series of tests shall meet all of the following
requirements:
(1) Provide sufficient information about pupils at each grade
level to determine levels of proficiency ranging from no English
proficiency to fluent English proficiency with at least two
intermediate levels.
(2) Have psychometric properties of reliability and validity
deemed adequate by technical experts.
(3) Be capable of administration to pupils with any primary
language other than English.
(4) Be capable of administration by classroom teachers.
(5) Yield scores that allow comparison of the growth of a pupil
over time, can be tied to readiness for various instructional
options, and can be aggregated for use in the evaluation of program
effectiveness.
(6) Not discriminate on the basis of race, ethnicity, or gender.
(7) Be aligned with the standards for English language development
adopted by the state board pursuant to Section 60811, and revised
thereafter.
(8) Be age and developmentally appropriate for pupils.
(d) The test shall be used for the following purposes:
(1) To identify pupils who are limited English proficient.
(2) To determine the level of English language proficiency of
pupils who are limited English proficient.
(3) To assess the progress of limited-English-proficient pupils in
acquiring the skills of listening, reading, speaking, and writing in
English.