BILL ANALYSIS                                                                                                                                                                                                    Ó






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

          BILL NO:       AB 1719
          AUTHOR:        Fuentes
          AMENDED:       May 25, 2012
          FISCAL COMM:   Yes            HEARING DATE:  June 20, 2012
          URGENCY:       No             CONSULTANT:Kathleen Chavira

           SUBJECT  :  English language development; supplemental 
          instructional 
                    materials.
          
           SUMMARY  

          This bill provides for the development and review of 
          supplemental instructional materials for English learners to 
          serve as a bridge between the revised and aligned English 
          language development standards to the California common core 
          language arts standards.

           BACKGROUND  

          Current law establishes the Academic Content Standards 
          Commission which was required to develop common core academic 
          content standards in language and mathematics, as specified. 
          Pursuant to these provisions, the standards were presented to 
          the State Board of Education (SBE) which adopted the proposed 
          common core academic content standards in English language 
          arts and mathematics in August 2010. (Education Code § 
          60605.8)

          Current law also requires the State Board of Education to 
          approve English Language development standards for students 
          whose primary language is other than English and also 
          requires that these standards be comparable in rigor and 
          specificity to the common core content standards adopted for 
          English language arts. (Education Code § 60811) 

          Current law requires the Superintendent of Public 
          Instruction, in consultation with the State Board of 
          Education, to update, revise, and align the English Language 
          Development standards to the State Board of Education common 
          core standards for English Language Arts by August 31, 2012, 




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          and requires the State Board of Education to adopt, reject, 
          or revise these standards by September 30, 2012. (Education 
          Code § 60811.3)

           ANALYSIS
           
           This bill  provides for the development and review of 
          supplemental instructional materials for English learners to 
          serve as a bridge between the revised and aligned English 
          language development standards to the California common core 
          language arts standards. Specifically it:
          1)   Requires the CDE to:

                    a)             Recommend, and the State Board of 
                    Education (SBE) approve, evaluation criteria to 
                    guide the development and review of supplemental 
                    instructional materials for English learners.

                    b)             On a one time basis and by January 
                    1, 2014, develop a list of supplemental 
                    instructional materials for use in K-8, that are 
                    aligned with the revised English language 
                    development (ELD) standards adopted pursuant to 
                    specified law.

                    c)             Develop supplemental instructional 
                    materials that provide a bridge between the revised 
                    and aligned ELD standards to the California common 
                    core language arts standards.

                    d)             Recommend, and the SBE to approve, 
                    content review experts, to serve without 
                    compensation, to review materials submitted for 
                    this purpose using an open and transparent process, 
                    and further specifies that the majority of content 
                    review experts approved should be credentialed 
                    teachers and who meet specified criteria regarding 
                    English language learner instruction and 
                    experience, and should also include administrators 
                    with specified English learner experience and 
                    expertise. 

                    e)             Maintain a list of SBE approved 
                    supplemental instructional materials on its 
                    website.





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          2)   Requires the SBE:

                    a)             By June 30, 2014, to approve or 
                    reject all or a portion of the proposed list of 
                    materials, as specified.

                    b)             If it rejects all or a portion of 
                    the list, to provide written reasons for removal or 
                    addition of items at a public meeting, as 
                    specified.

          3)   Authorizes a school district governing board and a 
               county board of education to approve supplemental 
               instructional materials other than those approved by the 
               SBE if they determine that other supplemental 
               instructional materials are aligned with the revised ELD 
               standards and meet the needs of their English learner 
               students, and requires that the instructional materials:

                    a)             Comply with the evaluation criteria 
                    developed by the CDE and approved by the SBE.

                    b)             Be developed by publishers and 
                    manufacturers who participate in specified learner 
                    verification activities required under current law, 
                    in order to improve the quality and reliability of 
                    instructional materials.

                    c)             Meet social content review 
                    requirements outlined in existing law.
                    d)             Be developed by publishers and 
                    manufacturers who meet all requirements for the 
                    adoption or sale of instructional materials in 
                    California, as outlined in specified law.

                    e)             Be reviewed by content review 
                    experts, chosen by the local board, that meet the 
                    same requirements as those established by the bill 
                    at the state level for this purpose. 

          4)   Requires publishers submitting instructional materials 
               to the SBE for approval to also submit standards maps.

          5)   Requires both the SBE and local governing boards, prior 
               to approval of materials, to review materials for 
               academic content and instructional support and to ensure 




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               that they meet program criteria for grade-level programs 
               and include materials for teacher use.

          6)   Sunsets the bill's provisions on July 1, 2014.

           STAFF COMMENTS  

           1)   Need for the bill  . According to the author, with the 
               state's transition to the Common Core Standards in 
               English Language Arts, it is imperative the state not 
               overlook the importance of providing teachers who 
               instruct English language learner students with the 
               necessary tools to ensure their pupils achieve English 
               proficiency via the revised ELD standards. Once the 
               current ELD standards are aligned to the common core 
               standards (as provided for by AB 124, Chapter 605, 
               Statutes of 2011) the next step is to ensure teachers 
               and school districts have quality supplemental 
               instructional materials to ensure their pupils' achieve 
               English proficiency via the revised ELD standards. This 
               bill will ensure teachers and districts have the tools 
               to successfully implement this instructional transition 
               for their ELL students.

           2)   English learners  .  The CDE provides the following 
               information on English learners in California's public 
               schools:

               a)        In the 2010-11 school year, there were 
                    approximately 1.4 million English learners in 
                    California public schools, constituting 23.2 
                    percent of the total enrollment.

               b)        Seventy one percent of English learners are 
                    enrolled in the elementary grades (K-6) with the 
                    remaining 29 percent enrolled in grades 7-12.  

               c)        Although English learner data are collected 
                    for 59 language groups, 94 percent speak one of the 
                    top ten languages in the state, which include 
                    Spanish (82.7 percent), Vietnamese, Cantonese, 
                    Pilipino (Filipino or Tagalog), Hmong, Mandarin, 
                    Korean, Arabic, Punjabi, and Russian.

               d)        During 2010-2011 the CDE administered the 
                    California English Language Development Test 




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                    (CELDT) to 1.57 million students, 1.25 million of 
                    whom were tested under the annual assessment 
                    window. 

               e)        Since 2008-09, approximately 11% of English 
                    learners have annually been reclassified as English 
                    proficient. 

           3)   English language development standards and instructional 
               materials  .  ELD standards are designed to assist 
               teachers in moving English learners to fluency in 
               English and proficiency in the English-language arts 
               content standards. The current ELD standards were 
               approved by the State Board of Education in 1999 and 
               were the basis for the development of the California 
               English Language Development Test (CELDT), currently 
               used to assess the progress of English learners toward 
               English proficiency.  
                
                Currently, English language development instruction 
               occurs as a part of English Language Arts instruction.  
               Tools and resources for English language development are 
               imbedded in the English Language Arts materials adopted 
               by the SBE.  In addition AB 1802 (Assembly Budget 
               Committee, Chapter 79, Statutes of 2006) appropriated 
               $30 million on a one-time basis for local educational 
               agencies (LEAs) to purchase supplemental instructional 
               materials for English learners (ELs) in K-12. The funds 
               were required to be used to purchase supplemental 
               materials designed to help English learners become 
               proficient in reading, writing, and speaking English.

           4)   Current status of new ELD standards  . As noted in the 
               background of the analysis, current law requires the 
               review, revision and alignment of the current ELD 
               standards to the newly adopted common core standards for 
               English Language Arts.  According to the CDE, the 
               Advisory Committee established pursuant to the 
               provisions of AB 124 (Fuentes Chapter 605, Statutes of 
               2011) for this purpose is expected to complete its work 
               in the summer of 2012 and the final State Board of 
               Education adoption of the revised standards is expected 
               by November 2012. 

           5)   Technical/clarifying amendments  .  Similar to SB 140 
               (Lowenthal, Chapter 623,Statutes of 2011) this bill 




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               proposes to serve as a "bridge" between ELD 
               instructional materials based upon current ELD 
               standards, and new ELD instructional materials based 
               upon the revised and aligned ELD standards and aligned 
               to the newly adopted English language arts common core 
               standards.  As currently drafted it proposes to serve as 
               a bridge between standards, rather than a bridge between 
               instructional materials aligned to the new standards.  
               Staff recommends the bill be amended on Page 4, line 1-4 
               to clarify that the supplemental instructional materials 
               shall provide a bridge between current English Language 
               Development Instructional materials and ELD standards 
               which will be revised and aligned to California common 
               core language arts standards pursuant to AB 124 
               (Fuentes, Chapter 605, Statutes of 2011).

               Staff further recommends the bill be amended on page 3 
               line 36 after "instructional materials" to insert "for 
               beginning through advanced levels of proficiency"  to 
               ensure the comprehensive development of ELD 
               instructional materials. 

           6)   Current status of materials adoption  .  Assembly Bill X4 
               2 (Chapter 2, Statutes of 2009-10 Fourth Extraordinary 
               Session) suspended the process and procedures for 
               adopting instructional materials, including framework 
               revisions, until the 2013-14 school year. Senate Bill 70 
               (Chapter 7, Statutes of 2011) extended that suspension 
               until the 2015-16 school year. 

           7)   Prior legislation  .

               a)        SB 140 (Lowenthal, Chapter 623, Statutes of 
                    2011) required CDE to develop a list of 
                    supplemental instructional materials for grades K-8 
                    aligned with common core standards in ELA.  The 
                    purpose of the supplemental instructional materials 
                    is to provide a bridge between the Common Core 
                    Standards in ELA and the ELA content

               b)        AB 250 (Brownley, Chapter 608, Statutes of 
                    2011) required CDE to develop curriculum frameworks 
                    and professional development modules aligned to the 
                    CCS and prepares the state's assessment system for 
                    reauthorization and alignment with these new 
                    standards. 




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               c)        AB 124 (Fuentes Chapter 605, Statutes of 2011) 
                    established the ELD Advisory Committee for the 
                    purpose of aligning the ELD Standards to the CSS in 
                    ELA.  

           SUPPORT  

          California School Boards Association
          Los Angeles Unified School District

           OPPOSITION

           None received.