BILL NUMBER: SB 140 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 13, 2011
AMENDED IN ASSEMBLY JUNE 29, 2011
AMENDED IN SENATE MAY 24, 2011
INTRODUCED BY Senator Lowenthal
JANUARY 31, 2011
An act to add and repeal Sections 60209, 60227.5,
60227.5 and 60605.86 of the Education Code,
relating to pupil instruction.
LEGISLATIVE COUNSEL'S DIGEST
SB 140, as amended, Lowenthal. Instructional materials
and academic content standards .
(1) 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.
This bill would require the State Department of Education to
provide specified notice to publishers and manufacturers before
commencing the adoption process for 8th grade mathematics
instructional materials. This bill would require the department to
assess a fee on each publisher or manufacturer that chooses to
participate in the 8th grade mathematics instructional materials
adoption process, and would require the fee to comply with specified
requirements. The bill would require the department to
provide specified notice to publishers and manufacturers before
commencing the adoption process for 8th grade mathematics
instructional materials. The bill would prohibit a
publisher or manufacturer's 8th grade mathematics instructional
materials from being reviewed for purposes of adoption until the fee
is paid in full. The bill would authorize the department to reduce
the fee for participation in the 8th grade mathematics instructional
materials adoption process upon the request of a small publisher or
manufacturer, as defined. The bill would require the adoption of 8th
grade mathematics instructional materials by the state board in
accordance with this adoption process to be considered the adoption
of instructional materials that are aligned to the common core
academic content standards for 8th grade mathematics.
(2) Existing law establishes the Academic Content Standards
Commission, and requires the commission to develop academic content
standards in language arts and mathematics and to present its
recommended academic content standards to the State Board of
Education. Existing law requires at least 85% of these standards to
be the common core academic standards developed by the Common Core
State Standards Initiative consortium or any associated or related
interstate collaboration. Existing law requires the state board to
adopt or reject the academic content standards. Existing law exempts
instructional materials that are aligned to these standards from the
requirement that the state board adopt any additional criteria that
instructional materials will be required to meet at least 30 months
before the materials are to be approved for adoption.
This bill would require the State Department of Education, on a
one time one-time basis, to develop a
list, on or before July 1, 2012, of supplemental instructional
materials for use in kindergarten and grades 1 to 8, inclusive, that
are aligned with California's common core academic content standards
in language arts and mathematics. The bill would require the state
board to perform specified reviews and to either approve
or reject the supplemental instructional materials as proposed by the
department. The bill also would permit the governing boards
board of a school districts
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
common core academic content standards and meet the needs of the
pupils of the district. The bill would require supplemental
instructional materials approved by the state board and the governing
board of a school district in the subject areas of mathematics and
English language arts to be reviewed by content review experts, as
specified. The bill would also require supplemental instructional
materials to comply with specified social content review
requirements. The bill would require the department to maintain
on its Internet Web site a list of supplemental instructional
materials approved by the state board.
This bill would also require the department to recommend, and the
state board to approve, content review experts to review, in an open
and transparent process, instructional materials submitted for
approval in the subject areas of mathematics and English language
arts, as specified.
(3) The provisions of the bill would become inoperative on July 1,
2014, and would be repealed on July 1, 2015.
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. The Legislature finds and declares all of the
following:
(a) California and 40 other states have adopted common core
academic content standards in language arts and mathematics to
provide consistent and clear expectations of what pupils need to
learn to compete in a global economy.
(b) Eighty-five percent of the standards are common across the
nation, with 15 percent being unique to California.
(c) It is the intent of the Legislature that the state collaborate
with other states in the development of instructional materials to
realize efficiencies, particularly for the 85 percent of the
standards that are common across the nation.
SEC. 2. Section 60209 is added to the Education
Code, to read:
60209. (a) The department shall recommend, and the state board
shall approve, content review experts. The content experts shall
review, in an open and transparent process, instructional materials
submitted for approval in the subject areas of mathematics,
including, but not limited to, 8th grade mathematics, and English
language arts.
(b) The majority of content review experts approved pursuant to
subdivision (a) shall be teachers who are credentialed in the subject
area they are reviewing. The content review experts shall also
include appropriate persons from postsecondary institutions, school
and school district curriculum administrators, and other persons who
are knowledgeable in the appropriate subject area.
(c) Content review experts shall serve without compensation.
(d) 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. SEC. 2. Section 60227.5 is
added to the Education Code, to read:
60227.5. (a) Before commencing the adoption process for 8th grade
mathematics instructional materials, the department shall provide
notice, pursuant to subdivision (c), in all of the following manners:
(1) Provide notice to all publishers and manufacturers known to
produce basic instructional materials for 8th grade mathematics.
(2) Post an appropriate notice on the department's Internet Web
site.
(3) Take other reasonable measures to ensure that appropriate
notice is widely circulated to potentially interested publishers and
manufacturers.
(b) The notice provided pursuant to subdivision (a) shall specify
that each publisher or manufacturer choosing to participate in the
8th grade mathematics instructional materials adoption process shall
be assessed a fee pursuant to subdivision (d).
(c) The department, prior to incurring substantial costs for the
adoption process of 8th grade mathematics
instructional materials adoption process , shall require a
publisher or manufacturer that wishes to participate in the 8th
grade mathematics instructional materials adoption process to first
declare their intent to submit one or more specific instructional
materials for adoption.
(d) (1) The department shall assess a fee on each publisher or
manufacturer that chooses to participate in the 8th grade mathematics
instructional materials adoption process, which shall comply with
all of the following:
(A) The fee shall be based on the number of instructional
materials that the publisher or manufacturer indicates they will
submit for review.
(B) The fee shall be an amount that does not exceed the reasonable
costs to the department in conducting the 8th grade mathematics
instructional materials adoption process and the department shall
take reasonable steps to limit the costs of the 8th grade mathematics
instructional materials adoption process and to keep the fee modest,
recognizing that some of the work necessary for the primary adoption
of instructional materials need not be duplicated.
(C) The department shall assess the fee after the publisher or
manufacturer complies with subdivision (c).
(D) The fee shall be payable by the publisher or manufacturer even
if the publisher subsequently chooses to withdraw an instructional
material for adoption.
(2) The submission of an instructional material by a publisher or
manufacturer shall not be reviewed for purposes of adoption until the
fee assessed pursuant to this subdivision is paid in full.
(e) It is the intent of the Legislature that the fee assessed
pursuant to subdivision (d) not be so substantial that it prevents
publishers and manufacturers from participating in the 8th grade
mathematics instructional materials adoption process.
(f) (1) Upon the request of a small publisher or manufacturer, the
department may reduce the fee for participation in the 8th grade
mathematics instructional materials adoption process.
(2) For purposes of this section, "small publisher" or "small
manufacturer" means an independently owned or operated publisher or
manufacturer that is not dominant in its field of operation, and
that, together with its affiliates, has 100 or fewer employees, and
has average annual gross receipts of ten million dollars
($10,000,000) or less over the previous three years.
(g) Notwithstanding subdivision (b) of Section 60200, if the
department determines that there is little or no interest in
participating in the 8th grade mathematics instructional materials
adoption process by publishers and manufacturers, it shall recommend
to the state board that the 8th grade mathematics instructional
materials adoption process should not be conducted, and the state
board may decide to not conduct the 8th grade mathematics
instructional materials adoption process.
(h) Revenue derived from fees charged pursuant to subdivision (d)
shall be budgeted as reimbursements and subject to review through the
annual budget process and may be used to pay costs associated with
the 8th grade mathematics instructional materials adoption process.
(i) The adoption of 8th grade mathematics instructional materials
by the state board in accordance with the adoption process described
in this section shall be considered the adoption of instructional
materials that are aligned to the common core academic content
standards for 8th grade mathematics.
(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. 4. SEC. 3. Section 60605.86 is
added to the Education Code, to read:
60605.86. (a) Notwithstanding any other law, and on a one-time
basis, the department shall develop a list, on or before July 1,
2012, of supplemental instructional materials for use in kindergarten
and grades 1 to 8, inclusive, that are aligned with California's
common core academic content standards in language arts and
mathematics. The supplemental instructional materials shall provide a
bridge between the 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 areas of mathematics, including, but not limited to,
8th grade mathematics, and English language arts.
(2) The majority of content review experts approved pursuant to
paragraph (1) shall be teachers who are credentialed in the subject
area they are reviewing. The content review experts shall also
include appropriate persons from postsecondary institutions and
school and school district curriculum administrators, and other
persons who are knowledgeable in the appropriate subject area.
(3) The content review experts shall serve without compensation.
(b)
(c) On or before September 30, 2012, the state board
shall do either of the following:
(1) Approve the supplemental instructional materials as proposed
by the department.
(2) Reject the supplemental instructional materials as proposed by
the department. If the state board rejects the supplemental
instructional materials, it shall provide a specific written
explanation to the Superintendent, the Governor, and the Legislature
of the reasons why the proposed materials were rejected.
(c)
(d) (1) The governing boards of
school districts may approve supplemental instructional materials
other than those approved by the state board pursuant to subdivision
(b) (c) if the governing board
determines that other supplemental instructional materials are
aligned with the common core academic content standards and meet the
needs of the pupils of the district. The governing board of a school
district may only approve supplemental instructional materials that
comply with the requirements of Section 60226 and Article 3
(commencing with Section 60040) , subdivision (g) of
this section, and Article 4 (commencing with Section 60060).
(2) (A) A supplemental instructional material approved by a
governing board of a school district pursuant to this subdivision
that is in the subject area of mathematics or English language arts
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 teachers who are credentialed in the
subject area they are reviewing. The content review experts shall
include appropriate persons from postsecondary institutions and
school and school district curriculum administrators, and other
persons who are knowledgeable in the appropriate subject area.
(C) The content review experts shall serve without compensation.
(d)
(e) Publishers choosing to submit supplemental
instructional materials for approval by the state board shall submit
standards maps. Publishers choosing to submit supplemental
instructional materials for approval for use in grades 9 to 12,
inclusive, are encouraged to submit standards maps.
(e)
(f) (1) Before approving
supplemental instructional materials pursuant to this section, the
state board , or the governing board of a school district
that chooses to approve supplemental instructional materials pursuant
to subdivision (c), 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,
intervention programs, and English learners 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 shall
review those instructional materials for academic content and
instructional support to teachers and pupils. Supplemental
instructional materials approved by the governing board of a school
district pursuant to this section shall meet required program
criteria for grade-level programs, intervention programs, and English
learners, and shall include materials for use by teachers.
(g) Supplemental instructional materials approved pursuant to this
section shall comply with the social content review requirements
that would be imposed by Assembly Bill 339 of the 2011-12 Regular
Session if that bill becomes operative; otherwise, the governing
board of a school district shall review supplemental instructional
materials for social content in compliance with Article 3 (commencing
with Section 60040).
(f)
(h) The department shall maintain on its Internet Web
site the list of supplemental instructional materials approved by the
state board pursuant to subdivision (b).
(g)
(i) 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.