BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 1719|
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                                 THIRD READING


          Bill No:  AB 1719
          Author:   Fuentes (D), et al.
          Amended:  8/21/12 in Senate
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  9-0, 6/20/12
          AYES:  Lowenthal, Alquist, Blakeslee, Hancock, Huff, Liu, 
            Price, Simitian, Vargas
          NO VOTE RECORDED:  Runner, Vacancy
           
          SENATE APPROPRIATIONS COMMITTEE  :  7-0, 8/16/12
          AYES:  Kehoe, Walters, Alquist, Dutton, Lieu, Price, 
            Steinberg
           
          ASSEMBLY FLOOR  :  77-0, 5/30/12 - See last page for vote


           SUBJECT  :    Supplemental instructional materials:  English 
          language 
                      development:  mathematics

           SOURCE  :     Author


           DIGEST  :    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.

           ANALYSIS  :    Existing law establishes the Academic Content 
          Standards Commission which was required to develop common 
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          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 (ED) Section 
          60605.8)

          Existing law also requires the SBE 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.  (ED Section 60811) 

          Existing law requires the Superintendent of Public 
          Instruction, in consultation with the SBE, to update, 
          revise, and align the English Language Development 
          standards to the SBE common core standards for English 
          Language Arts by August 31, 2012, and requires the SBE to 
          adopt, reject, or revise these standards by September 30, 
          2012.  (ED Section 60811.3)
           
           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 Department of Education (CDE) to:

             A.    Recommend, and the 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 

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                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 Web site.

          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.


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             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 
             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.

          7. Appropriates $500,000 in one-time federal Title I 
             carryover funds, as specified, from the Federal Trust 
             Fund to CDE for purposes of conducting this review. 

          8. Requires CDE, on or before March 31, 2013, 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. 

          9. Requires CDE to recommend, and the state board to 
             approve, content review experts to review supplemental 
             instructional materials submitted for approval, as 
             specified. 

          10.Requires SBE, on or before May 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 

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             specified. 

          11.Requires CDE to use certain federal carryover funds to 
             implement the development of this list of mathematics 
             supplemental instructional materials.

          12.Becomes operative contingent upon the enactment of AB 
             1246. 
          
           Comments

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

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

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

          3. Although English learner data are collected for 59 
             language groups, 94% speak one of the top 10 languages 
             in the state, which include Spanish (82.7%), Vietnamese, 
             Cantonese, Pilipino (Filipino or Tagalog), Hmong, 
             Mandarin, Korean, Arabic, Punjabi, and Russian.

          4. During 2010-11, the CDE administered the California 
             English Language Development Test (CELDT) to 1.57 
             million students, 1.25 million of whom were tested under 
             the annual assessment window. 

          5. Since 2008-09, approximately 11% of English learners 
             have annually been reclassified as English proficient. 
           
          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 SBE in 1999 
          and were the basis for the development of the California 
          English Language Development Test (CELDT), currently used 

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          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 ELs become 
          proficient in reading, writing, and speaking English.

           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 SBE adoption of the revised standards is expected 
          by November 2012. 

           Current status of materials adoption  .  AB 2X4 (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.  SB 70 (Chapter 7, Statutes of 2011) extended 
          that suspension until the 2015-16 school year. 
           
          Prior Legislation  

          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

          AB 250 (Brownley, Chapter 608, Statutes of 2011) required 
          CDE to develop curriculum frameworks and professional 

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          development modules aligned to the common core standards 
          and prepares the state's assessment system for 
          reauthorization and alignment with these new standards. 

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

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  8/21/12)

          Association of California School Administrators
          California Association for Bilingual Education
          California School Boards Association
          California Teachers Association
          California Teachers of English to Speakers of Other 
          Languages
          Californians Together
          Families and Schools
          Los Angeles County Office of Education
          Los Angeles Unified School District
          San Francisco Unified School District


           ARGUMENTS IN SUPPORT  :    According to the author's office, 
          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, Fuentes, 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 English language learner students.


           ASSEMBLY FLOOR  :  77-0, 5/30/12

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          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Eng, Feuer, Fong, Fuentes, Furutani, Beth Gaines, 
            Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, 
            Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, 
            Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, 
            Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, 
            Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, 
            Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, 
            Skinner, Smyth, Solorio, Swanson, Torres, Wagner, 
            Wieckowski, Williams, Yamada, John A. Pérez
          NO VOTE RECORDED:  Donnelly, Fletcher, Valadao


          PQ/RM:m  8/21/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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