BILL NUMBER: SB 140 CHAPTERED
BILL TEXT
CHAPTER 623
FILED WITH SECRETARY OF STATE OCTOBER 8, 2011
APPROVED BY GOVERNOR OCTOBER 8, 2011
PASSED THE SENATE SEPTEMBER 1, 2011
PASSED THE ASSEMBLY AUGUST 31, 2011
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 Section 60605.86 of the Education Code,
relating to pupil instruction.
LEGISLATIVE COUNSEL'S DIGEST
SB 140, Lowenthal. Instructional materials.
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 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. 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.
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 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.
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.
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 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 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 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 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.
(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.