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, AB 1719 Page 2 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. AB 1719 Page 3 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 AB 1719 Page 4 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 AB 1719 Page 5 (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 AB 1719 Page 6 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. AB 1719 Page 7 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.