BILL NUMBER: AB 1719	CHAPTERED
	BILL TEXT

	CHAPTER  636
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 27, 2012
	PASSED THE SENATE  AUGUST 28, 2012
	PASSED THE ASSEMBLY  AUGUST 29, 2012
	AMENDED IN SENATE  AUGUST 24, 2012
	AMENDED IN SENATE  AUGUST 21, 2012
	AMENDED IN SENATE  AUGUST 6, 2012
	AMENDED IN SENATE  JUNE 27, 2012
	AMENDED IN ASSEMBLY  MAY 25, 2012
	AMENDED IN ASSEMBLY  MARCH 28, 2012

INTRODUCED BY   Assembly Member Fuentes
   (Principal coauthor: Senator Lowenthal)
   (Coauthor: Assembly Member Brownley)

                        FEBRUARY 16, 2012

   An act to add and repeal Sections 60605.87 and 60605.88 of the
Education Code, relating to instructional materials, and making an
appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1719, Fuentes. Supplemental instructional materials: English
language development: mathematics.
   Existing law requires the State Board of Education to adopt basic
instructional materials for use in kindergarten and grades 1 to 8,
inclusive, and authorizes the state board to establish criteria for
that purpose. Existing law requires the state board in reviewing and
adopting instructional materials to use specified criteria and ensure
that, in its judgment, the submitted instructional materials meet
all of the specified criteria.
   Existing law requires the State Department of Education to
recommend, and the state board to approve, evaluation criteria to
guide the development and review of supplemental instructional
materials for English language arts and mathematics to provide a
bridge between the California common core academic content standards
and the standards-aligned instructional materials currently being
used by local educational agencies. Existing law requires the state
board to perform specified reviews and to approve or reject all, or a
portion, of the list of supplemental instructional materials
proposed by the department and authorizes the state board to add an
item to that list, as specified. Existing law also permits the
governing board of a school district to approve supplemental
instructional materials other than those approved by the state board
if the governing board performs specified reviews and determines that
other supplemental instructional materials are aligned with the
California common core academic content standards and meet the needs
of the pupils of the district. Existing law requires supplemental
instructional materials approved by the state board and the governing
board of a school district to be reviewed by content review experts,
as specified.
   This bill would require the department to recommend, and the state
board to approve, evaluation criteria to guide the development and
review of supplemental instructional materials for English learners.
The bill would require the department to develop a list by March 1,
2014, of supplemental instructional materials for beginning through
advanced levels of proficiency for use in kindergarten and grades 1
to 8, inclusive, that are aligned with the revised English language
development standards. The bill would require content review experts,
who are recommended by the department and approved by the state
board, to review the supplemental instructional materials. The bill
would appropriate $500,000 in one-time federal Title I carryover
funds, as specified, from the Federal Trust Fund to the department
for purposes of conducting this review. The bill would, by June 30,
2014, require the state board to approve or reject supplemental
instructional materials, as specified. The bill would authorize the
governing boards of school districts and county boards of education
to approve supplemental instructional materials other than those
approved by the state board if the governing board of a school
district or county board of education performs specified reviews and
determines that other supplemental instructional materials are
aligned with the revised English language development standards and
meet the needs of pupils of the district who are English learners.
   This bill would require the department, at least 30 days before
the state board takes specified action, to develop a list of
supplemental instructional materials for use in kindergarten and
grades 1 to 7, inclusive, that are aligned with the California common
core academic content standards for mathematics. The bill would
require the department to recommend, and the state board to approve,
content review experts to review supplemental instructional materials
submitted for approval, as specified. The bill also would require
the state board, on or before July 30, 2013, to perform specified
reviews and to approve or reject all, or a portion, of the list of
supplemental instructional materials proposed by the department and
would authorize the state board to add an item to that list, as
specified. The bill would require the department to use certain
federal carryover funds to implement the development of this list of
mathematics supplemental instructional materials.
   This bill would become operative contingent upon the enactment of
AB 1246 of the 2011-12 Regular Session.
   Appropriation: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) California and 40 other states have adopted common core
academic standards for language arts and mathematics to provide
consistent and clear expectations of what pupils need to learn to
compete in a global economy.
   (b) In 1999, California adopted the English language development
standards for the purpose of stating what pupils must know and be
able to do as they move toward full fluency in the English language.
The standards are to work in tandem with the language arts academic
standards; however, they have not been revised or aligned to the
approved common core language arts standards.
   (c) Chapter 605 of the Statutes of 2011 (Assembly Bill 124)
requires the revision and alignment of the English language
development standards as specified.
   (d) There are currently 1.4 million pupils who are English
learners and enrolled in California public schools.
   (e) It is critical that "bridge" supplemental instructional
materials be available to English learners that reflect both the
common core language arts and English language development standards
in order for pupils to be held accountable to the common core
language arts standards via assessments.
   (f) School districts, county offices of education, and charter
schools, at a minimum, need supplemental English language development
instructional materials to ensure teachers and pupils have the
proper tools to begin to bridge the curriculum between the state's
current content standards in language arts to the English language
development standards.
  SEC. 2.  Section 60605.87 is added to the Education Code, to read:
   60605.87.  (a) The department shall recommend, and the state board
shall approve, evaluation criteria to guide the development and
review of supplemental instructional materials for English learners.
   (b) Notwithstanding any other law, and on a one-time basis, the
department, on or before March 1, 2014, shall develop a list of
supplemental instructional materials for beginning through advanced
levels of proficiency for use in kindergarten and grades 1 to 8,
inclusive, that are aligned with the revised English language
development standards adopted pursuant to Section 60811.3. The
supplemental instructional materials shall provide a bridge between
the current English language development standards and the revised
English language development standards pursuant to Section 60811.3
with the purpose of ensuring the supplemental materials address the
unique features of the English language development standards and
remain consistent with the relevant elements of the evaluation
criteria for English language arts supplemental instructional
materials adopted pursuant to Section 60605.86.
   (c) (1) The department shall recommend, and the state board shall
approve, content review experts to review, in an open and transparent
process, supplemental instructional materials submitted for approval
in the subject area of English language development.
   (2) The majority of content review experts approved pursuant to
paragraph (1) shall be elementary and secondary schoolteachers who
are credentialed in English language arts, possess the appropriate
state English learner authorization, and have five years of classroom
experience instructing English learners. The content review experts
also shall include appropriate persons possessing English learner
expertise from postsecondary educational institutions and school and
school district curriculum administrators possessing English learner
expertise, and other persons who are knowledgeable in English
language arts and English language development.
   (d) (1) On or before June 30, 2014, the state board shall do the
following:
   (A) Approve all, or a portion, of the list of supplemental
instructional materials proposed by the department, taking into
consideration the review of the content review experts and any other
relevant information, as appropriate.
   (B) Reject all, or a portion, of the list of supplemental
instructional materials proposed by the department, taking into
consideration the review of the content review experts and any other
relevant information, as appropriate.
   (2) If the state board rejects all, or a portion, of the list of
supplemental instructional materials proposed by the department, or
adds an item to the list, the state board, in a public meeting held
pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing
with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2
of the Government Code), shall provide written reasons for the
removal or addition of an item on the list. The state board shall not
approve a supplemental instructional material it adds to the list at
the same time it provides its written reason for adding the
material; instead, the state board shall approve the added material
at a subsequent public meeting.
   (e) (1) The governing board of a school district and a county
board of education may approve supplemental instructional materials
other than those approved by the state board pursuant to subdivision
(d) if the governing board of a school district or county board of
education determines that other supplemental instructional materials
are aligned with the revised English language development standards
adopted pursuant to Section 60811.3 and meet the needs of pupils of
the district who are English learners. The governing board of a
school district or the county board of education may only approve
supplemental instructional materials that comply with all of the
following:
   (A) The evaluation criteria approved pursuant to subdivision (a).
   (B) Section 60226.
   (C) Subdivision (h).
   (D) Article 4 (commencing with Section 60060) of Chapter 1.
   (2) (A) A supplemental instructional material approved by a
governing board of a school district or county board of education
pursuant to this subdivision that is in the subject area of English
language development shall be reviewed by content review experts
chosen by the governing board.
   (B) The majority of the content review experts chosen pursuant to
subparagraph (A) shall be elementary and secondary schoolteachers who
are credentialed in English language arts, possess the appropriate
state English learner authorization, and have five years of classroom
experience instructing English learners.
   (C) The content review experts also shall include appropriate
persons possessing English learner expertise from postsecondary
educational institutions and school and school district curriculum
administrators possessing English learner expertise, and other
persons who are knowledgeable in English language arts and English
language development.
   (f) Publishers choosing to submit supplemental instructional
materials for approval by the state board shall submit standards
maps.
   (g) (1) Before approving supplemental instructional materials
pursuant to this section, the state board shall review those
instructional materials for academic content, social content, and
instructional support to teachers and pupils. Supplemental
instructional materials approved by the state board pursuant to this
section shall meet required program criteria for grade-level programs
and shall include materials for use by teachers.
   (2) Before approving supplemental instructional materials pursuant
to this section, the governing board of a school district or county
board of education shall review those instructional materials for
academic content and instructional support to teachers and pupils who
are English learners. Supplemental instructional materials approved
by the governing board of a school district or county board of
education pursuant to this section shall meet required program
criteria for grade-level programs and shall include materials for use
by teachers.
   (h) Supplemental instructional materials approved pursuant to this
section shall comply with the social content review requirements
pursuant to Section 60050.
   (i) The department shall maintain on its Internet Web site the
list of supplemental instructional materials approved by the state
board pursuant to subdivision (d).
   (j) This section shall become inoperative on July 1, 2014, and, as
of July 1, 2015, is repealed, unless a later enacted statute, that
becomes operative on or before July 1, 2015, deletes or extends the
dates on which it becomes inoperative and is repealed.
  SEC. 3.  Section 60605.88 is added to the Education Code, to read:
   60605.88.  (a) Notwithstanding any other law, and on a one-time
basis, the department, at least 30 days before the state board takes
action pursuant to subdivision (c), shall develop a list of
supplemental instructional materials for use in kindergarten and
grades 1 to 7, inclusive, that are aligned with the California common
core academic content standards for mathematics. The supplemental
instructional materials shall provide a bridge between the California
common core academic content standards and the standards-aligned
instructional materials currently being used by local educational
agencies.
   (b) (1) The department shall recommend, and the state board shall
approve, content review experts to review, in an open and transparent
process, supplemental instructional materials submitted for approval
in the subject area of mathematics.
   (2) The majority of content review experts approved pursuant to
paragraph (1) shall be elementary and secondary schoolteachers who
are credentialed in the subject area they are reviewing. The content
review experts shall also include appropriate persons from
postsecondary educational institutions and school and school district
curriculum administrators, and other persons who are knowledgeable
in the appropriate subject area.
   (3) The review of supplemental instructional materials described
in this section shall be in addition to the review of supplemental
instructional materials conducted pursuant to Section 60605.86 and
shall be open to publishers and manufacturers of supplemental
instructional materials in mathematics that previously submitted
supplemental instructional materials pursuant to Section 60605.86
that supplement any mathematics program that is not a current
state-adopted program. The review shall be based upon the evaluation
criteria approved by the state board pursuant to subdivision (a) of
Section 60605.86.
   (c) (1) On or before July 30, 2013, the state board shall do all
of the following:
   (A) Approve all, or a portion, of the list of supplemental
instructional materials proposed by the department, taking into
consideration the review of the content review experts and any other
relevant information, as appropriate.
   (B) Reject all, or a portion, of the list of supplemental
instructional materials proposed by the department, taking into
consideration the review of the content review experts and any other
relevant information, as appropriate.
   (2) The state board may add an item to the list of supplemental
instructional materials proposed by the department.
   (3) If the state board rejects all, or a portion, of the list of
supplemental instructional materials proposed by the department, or
adds an item to the list, the state board, in a public meeting held
pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing
with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2
of the Government Code), shall provide written reasons for the
removal or addition of an item on the list. The state board shall not
approve a supplemental instructional material it adds to the list at
the same time it provides its written reason for adding the
material; instead, the state board shall approve the added material
at a subsequent public meeting. If the state board modifies the
recommendations proposed by the department, it shall act at its next
scheduled meeting or within 60 days of July 30, 2013.
   (d) Publishers and manufacturers choosing to submit supplemental
instructional materials for approval by the state board shall submit
standards maps.
   (e) Before approving supplemental instructional materials pursuant
to this section, the state board shall review those instructional
materials for academic content, social content, and instructional
support to teachers and pupils. Supplemental instructional materials
approved by the state board pursuant to this section shall meet
required program criteria for grade-level programs and English
learners and shall include materials for use by teachers.
   (f) The department shall maintain on its Internet Web site the
list of supplemental instructional materials approved by the state
board pursuant to subdivision (c).
   (g) The department shall use federal carryover funds received
pursuant to Title I of the federal No Child Left Behind Act of 2001
(20 U.S.C. Sec. 6301 et seq.) to implement this section.
   (h) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 4.  The sum of five hundred thousand dollars ($500,000) in
one-time federal carryover funds received pursuant to Title I of the
federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.) is hereby appropriated from the Federal Trust Fund to the State
Department of Education for purposes of conducting a review of
English language development supplemental instructional materials
pursuant to Section 60605.87 of the Education Code.
  SEC. 5.  This act shall become operative only if Assembly Bill 1246
of the 2011-12 Regular Session is enacted and becomes operative.