BILL NUMBER: SB 140 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 26, 2011
AMENDED IN ASSEMBLY AUGUST 15, 2011
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 60227.5 and
Section 60605.86 of the Education Code, relating to pupil
instruction.
LEGISLATIVE COUNSEL'S DIGEST
SB 140, as amended, Lowenthal. Instructional materials.
(1) Existing
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 prohibits the state board from adopting instructional
materials, or following specified procedures, until the 2015-16
school year.
This bill would require the State Department of Education to
recommend, and the state board to approve, evaluation criteria to
guide the development and review of 8th grade mathematics
instructional materials, as specified. The bill also would require
the department to recommend, and the state board to approve, content
review experts to review 8th grade mathematics instructional
materials, as specified. 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 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 prohibit a publisher's 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 require the adoption of 8th grade mathematics instructional
materials by the state board in accordance with this adoption process
to be performed notwithstanding the prohibition against adopting
instructional materials until the 2015-16 school year, and to be
considered the adoption of instructional materials that are aligned
to the California common core academic content standards for 8th
grade mathematics.
(2) Existing
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 state board . 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 to
recommend, and the state board to approve, evaluation criteria to
guide the development and review of supplemental instructional
materials. The bill also would require the department, on a 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 the California common core academic
content standards in for language arts
and 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 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 would authorize the state board to add
an item to that list, as specified. The bill also would permit 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. 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 also would 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.
(3) The
The bill would require the department to use certain federal
funds to implement the provisions of the bill. 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 for
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.
(d) It is also the intent of the Legislature to develop a
process for the adoption of instructional materials that are
specific to 8th grade mathematics and are aligned to the California
common core academic content standards for mathematics.
that the California common core academic content standards in
8th grade mathematics be reviewed to ensure they are rigorous, clear,
and concise for classroom instructional purposes. This review should
be conducted before developing a process for adopting
instructional materials that are aligned to the California common
core academic content standards for 8th grade mathematics.
SEC. 2. Section 60227.5 is added to the
Education Code, to read:
60227.5. (a) The department shall recommend, and the state board
shall approve, evaluation criteria to guide the development and
review of 8th grade mathematics instructional materials submitted
pursuant to this section. Notwithstanding paragraph (6) of
subdivision (c) of Section 60200, a publisher or manufacturer shall
have 12 months, from the date the state board adopts the evaluation
criteria, to develop and submit 8th grade mathematics instructional
materials pursuant to this section.
(b) The department shall recommend, and the state board shall
approve, content review experts to review, in an open and transparent
process, instructional materials submitted for approval in the
subject of 8th grade mathematics. The majority of content review
experts shall be teachers who are credentialed in the subject area of
mathematics. The content review experts also shall include
appropriate persons from postsecondary institutions, school and
school district curriculum administrators, and other persons who are
knowledgeable in mathematics.
(c) Before commencing the adoption process for 8th grade
mathematics instructional materials, the department shall provide
notice, pursuant to subdivision (e), 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.
(d) The notice provided pursuant to subdivision (c) 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 (f).
(e) The department, prior to incurring substantial costs for the
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 its intent to submit one or more specific
instructional materials for adoption.
(f) (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 it 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 (e).
(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.
(g) It is the intent of the Legislature that the fee assessed
pursuant to subdivision (f) not be so substantial that it prevents
publishers and manufacturers from participating in the 8th grade
mathematics instructional materials adoption process.
(h) 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.
(i) Revenue derived from fees charged pursuant to subdivision (f)
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.
(j) Eighth grade mathematics instructional materials submitted and
approved pursuant to this section shall be added to the existing
list of adopted basic instructional materials and shall not be
considered to be part of a six-year submission cycle authorized
pursuant to subdivision (b) of Section 60200.
(k) The adoption of 8th grade mathematics instructional materials
by the state board in accordance with the adoption process described
in this section shall be performed notwithstanding Section 60200.7,
and shall be considered the adoption of instructional materials that
are aligned to the California common core academic content standards
for 8th grade mathematics.
(l) 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 60605.86 is
added to the Education Code, to read:
60605.86. (a) The department shall recommend, and the state board
shall approve, evaluation criteria to guide the development and
review of supplemental instructional materials.
(b) 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 the California common
core academic content standards in for
language arts and 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.
(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 areas of 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.
(d) (1) On or before September 30, 2012, 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) 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.
(e) (1) The governing boards of school districts may approve
supplemental instructional materials other than those approved by the
state board pursuant to subdivision (d) if the governing board
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. The governing board
of a school district may only approve supplemental instructional
materials that comply with the evaluation criteria approved pursuant
to subdivision (a) and the requirements of Section 60226, subdivision
(h), 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.
(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, 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.
(h) 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).
(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) 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.
(j)
(k) 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.