BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 300
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          Date of Hearing:   June 22, 2011

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                     SB 300 (Hancock) - As Amended:  May 31, 2011

           SENATE VOTE  :   25-15
           
          SUBJECT  :   Pupil instruction: instructional materials: content 
          standards

           SUMMARY  :   Authorizes the State Board of Education (SBE) to 
          adopt the framework and evaluation criteria for instructional 
          materials in history-social science (H/SS) by June 30, 2012, and 
          requires the Superintendent of Public Instruction (SPI) to make 
          recommendations to revise the academic content standards in 
          science.  Specifically,  this bill  :    

          1)Authorizes the SPI to:

             a)   Complete the public review process of the draft version 
               of the curriculum framework and evaluation criteria for 
               instructional materials in H/SS that was approved for 
               public review on July 17, 2009, by the Curriculum 
               Development and Supplemental Materials Commission 
               (Curriculum Commission);
             b)   Modify that framework and criteria based upon public 
               comment; and,
             c)   Submit the revised H/SS curriculum framework and 
               evaluation criteria for instructional materials to the SBE 
               for approval.

          2)Requires the SBE to consider the adoption of a revised H/SS 
            curriculum framework and evaluation criteria for instructional 
            materials by June 30, 2012.   

          3)Requires the SPI to: 

             a)   Review the statewide science academic content standards 
               and identify the standards that are in need of updating;
             b)   Modify, revise, or delete any of these standards in 
               order to reflect current and confirmed research, as judged 
               by scientific experts and teachers;
             c)   Present, on or before January 1, 2013, the recommended 
               academic content standards to the SBE.








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          4)Requires, on or before June 30, 2013, the SBE to do either of 
            the following:

             a)   Adopt the academic content standards as proposed by the 
               SPI; or,
             b)   Reject the academic content standards as proposed by the 
               SPI, in which case, it shall provide a specific written 
               explanation to the SPI, the Governor, and the Legislature 
               of the reasons why the proposed standards were rejected.

          5)Requires the SPI and the SBE to present to the Governor and to 
            the appropriate policy and fiscal committees of the 
            Legislature a schedule and implementation plan for integrating 
            the academic content standards adopted pursuant to this bill 
            into the state educational system.

           EXISTING LAW  :

          1)Requires the SBE to adopt statewide academic content standards 
            in the core curriculum areas of reading, writing, and 
            mathematics, no later than January 1, 1998, and in H/SS and 
            science not later than November 1, 1998, based on the 
            recommendation of the Commission for the Establishment of 
            Academic Content and Performance Standards.

          2)Requires the SBE to adopt statewide performance standards in 
            reading, writing, mathematics, H/SS and science based on 
            recommendations made by the SPI.

          3)Establishes the Academic Content Standards Commission 
            (Standards Commission), as specified, to develop academic 
            content standards in language arts and mathematics and present 
            recommended academic content standards to the SBE by July 15, 
            2010.  Requires that at least 85% of these standards be the 
            common core academic standards developed by the Common Core 
            State Standards Initiative consortium sponsored by the 
            National Governors Association (NGA) and the Council of Chief 
            State School Officers (CCSSO) or any associated or related 
            interstate collaboration to jointly develop common 
            high-quality standards or assessments aligned with the common 
            set of standards, and requires the SBE to adopt or reject the 
            recommended standards by August 2, 2010.  

          4)Requires, if the standards in #5 above are rejected, the SBE 








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            to provide a specific written explanation to the SPI, the 
            Governor, and the Legislature of the reasons why the proposed 
            standards were rejected.

          5)Requires the SPI and the SBE to present to the Governor and to 
            the appropriate policy and fiscal committees of the 
            Legislature a schedule and implementation plan for integrating 
            the revised language arts and math academic content standards 
            into the state educational system.

           FISCAL EFFECT  :   According to the Senate Appropriations 
          Committee, $70,000 in General Fund Costs (GF) to revise the 
          standards and significant GF cost pressure to update frameworks 
          and accountability tools, beginning in 2015-16.

           COMMENTS  :  California's content standards specify the content 
          that students need to acquire at each grade level from 
          kindergarten to grade twelve (K-12) and they are the foundation 
          for the accountability system, instructional materials and staff 
          development programs.  The SBE adopted content standards in the 
          areas of:
             1.   Reading/language arts (RLA) and math in 1997;
             2.   H/SS and science in 1998;
             3.   English language development in 1999;
             4.   Visual and performing arts in 2001;
             5.   Career technical education in 2005;
             6.   Physical education in 2005;
             7.   Health education in 2008; and,
             8.   Foreign languages, also known as world languages, in 
               2009.

          Additionally, the SBE adopted the common core state standards in 
          language arts and math and the model school library standards in 
          2010.  While the RLA and math standards were recently revised, 
          the standards in all other subject areas have not been revised 
          and there is no process in place for reviewing those standards.  


          This bill authorizes the SBE to approve a revised framework and 
          evaluation criteria for H/SS by June 30, 2012.  A second part of 
          this bill allows for the modification of the academic content 
          standards in science by authorizing the SPI to make 
          recommendations to revise, delete or modify any of the science 
          standards and requiring the SBE to approve or reject those 
          recommendations.  








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          Background on budget action relative to curriculum frameworks 
          and instructional materials  :  Due to the fiscal challenges of 
          the state, the current framework development and instructional 
          materials adoption activities have been suspended.  AB 2 X4 
          Chapter 2, Statutes of 2009-10, Fourth Extraordinary Session 
          suspends the requirement for the SBE to conduct any of the 
          activities related to the adoption of instructional materials 
          for use in K-8 through the 2012-13 fiscal year, and for the 
          2008-09 to the 2012-13 fiscal years, inclusive, local 
          educational agencies are not required to purchase newly adopted 
          instructional materials within 24 months of adoption by the SBE. 
           As part of the 2011 budget process, SB 70 (Committee on Budget 
          and Fiscal Review), Chapter 7, Statutes of 2011, extended the 
          provisions of SB 2 X4 for two additional years, hence the 
          framework development and instructional materials adoption 
          processes are suspended until the 2015-16 fiscal year.  

           Updated H/SS curriculum framework  :  The Curriculum Development 
          and Supplemental Materials Commission (Curriculum Commission) 
          had begun the process of updating the H/SS framework for the 
          2011 H/SS primary adoption prior to the enactment of AB 2 X4 
          Chapter 2, Statutes of 2009-10, Fourth Extraordinary Session.  
          On July 17, 2009, the Curriculum Commission approved the draft 
          update of the H/SS framework for field review, but due to the 
          budget action, the field review was suspended.  The California 
          Department of Education (CDE) also suspended work related to the 
          revision of frameworks for science, health, and mathematics.  
          Concerns were expressed by many groups and individuals regarding 
          the suspension of the framework revision and adoption process, 
          particularly the H/SS framework given that it was close to 
          completion. Many argued that the work on the H/SS framework 
          should be completed even without an immediate instructional 
          materials adoption, as the framework, itself, provides updated 
          content and pedagogical strategies for teachers to help their 
          students acquire updated and relevant knowledge and skills.  
          This bill requires the SBE to adopt a revised curriculum and 
          evaluation criteria for instructional materials in H/SS no later 
          than June 30, 2012.  

           Revision of the science content standards  :  Current law does not 
          provide for a process for periodically reviewing, updating, 
          modifying or revising the academic content standards.  Although 
          the RLA and math standards were recently modified, the 
          modification of these standards was accomplished through 








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          legislation that directed a one-time review for the adoption of 
          the common core standards in RLA and math through a very 
          specific process.  The review of these standards was driven by 
          California's attempt to compete for a federal Race to the Top 
          (RTTT) program grant in 2009-2010 and thus the review was 
          limited to RLA and mathematics.   

          Proponents of legislation seeking to revise the standards have 
          argued that the content standards should be periodically 
          reviewed and revised to reflect rapidly unfolding developments 
          and research.  The author points out that the state's current 
          science standards do not include any mention of biotechnologies 
          or nanotechnologies, or a requirement that students learn about 
          environmental issues, or even that Pluto is no longer considered 
          a planet.

          Many argue that a periodic process for reviewing and revising 
          the academic content standards should be adopted to ensure the 
          content standards are current and relevant. It has also been 
          argued that given the importance of these standards, teachers 
          and curriculum experts should have a role in such a process and 
          that any process to revise or modify the standards should be 
          public and transparent.  As currently drafted, this bill gives 
          the SPI and the SBE sole authority to make modifications to the 
          science standards without an open and public process.  However 
          the bill does require the standards to "reflect current and 
          confirmed research, as judged by scientific experts and 
          teachers."  However, the bill does not specify how the "judging" 
          experts and teachers will be selected.  Previous legislative 
          efforts to revise the content standards have required the 
          establishment of expert committees or commissions to review the 
          standards and make recommendations to the SBE.  Previous 
          legislation, namely SB 1 X5 (Steinberg), Chapter 2, Statutes of 
          2009-10, Fifth Extraordinary Session, which gave the SBE the 
          authority to adopt the RLA and math common core standards, did 
          so through the establishment of the Standards Commission, 
          comprised of a majority of teachers.  

          This Committee may wish to consider whether the approach taken 
          by this bill to modify the content standards by only involving 
          the SPI and the SBE is the appropriate approach or whether the 
          bill should include an open and public process in the revision 
          of the science content standards.   Staff recommends  an amendment 
          to establish a process for the appointment of a standards review 
          commission, comprised of a majority of teachers, to make 








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          recommendations to revise the science standards and to require 
          the meetings of the commission to be open to the public, as 
          follows:

          1)On page 4 strike lines 34-38, inclusive, and insert:

           60605.85  (a) The Academic Content Standards Commission for 
          Science is hereby established.  The commission shall consist of 
          13 members, to be appointed as follows: 

                    (1)Four members appointed by the Governor.
                    (2)Three members appointed by the Senate Committee on 
                    Rules.
                    (3)Three members appointed by the Speaker of the 
                    Assembly.
                    (4)Three members appointed by the Superintendent.

          (b) Members of the commission shall serve at the pleasure of the 
          appointing authority.
          (c) Not less than half of the members appointed by each of the 
          appointing authorities pursuant to subdivision (a) shall be 
          current public school elementary or secondary classroom 
          teachers.
          (d) 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), each meeting or 
          hearing of the commission shall be open and available to the 
          public.
          (e) The commission established pursuant to subdivision (a) may 
          make recommendations to the state board to modify, revise, and 
          update the science content standards adopted pursuant to Section 
          60605. 

           2)On page 4 line 39 strike "teachers." and insert "(f)"  
           
           Common science standards  ?  It is possible that common standards 
          in science will be developed and available for adoption by 
          states.  According to information provided by the author, the 
          National Research Council, Achieve, the American Association for 
          the Advancement of Science and the National Science Teachers 
          Association have embarked on a two-step process to develop the 
          "Next Generation Science Standards."  The first step is the 
          development of the "Conceptual Framework for Science Education" 
          which will identify the science all K-12 students should know.  
          The development of this framework involves a committee of 








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          scientists, education and policy experts.  The second step will 
          involve states in leading the development of rigorous and 
          internationally-benchmarked science standards that will be 
          available for states to adopt.  It will be up to individual 
          states to adopt these standards.    

           Content standards revision legislative history  :  With the 
          exception of, the aforementioned, SB 1 X5 (Steinberg), previous 
          legislative attempts to revise the academic content standards 
          have been unsuccessful.  In the last nine years, at least seven 
          other bills have been introduced trying to establish a process 
          for the revision of the academic content standards, four of 
          which were vetoed by two former governors and three of which did 
          not reach the governor's desk. Three of the four vetoed bills 
          were vetoed claiming that the SBE had the authority to review 
          and revise the content standards as it deemed necessary.  
          However, in 2005 the Legislative Counsel opined that the SBE did 
          not have the authority to revise or amend the content standards 
          after their initial adoption.  Additionally, the Legislative 
          Counsel stated that the Legislature had reserved for itself the 
          power to decide if, when, and the process by which the content 
          standards should be revised or amended.   A bill establishing a 
          process for the revision of the content standards reached the 
          Governor's desk subsequent to the Legislative Counsel opinion, 
          SB 1097 (Torlakson) of 2008, but it was also vetoed.  The veto 
          message was based on the argument that the bill would have 
          diluted the authority of the Governor and the SBE in the process 
          of reviewing and revising the standards.  The Governor's veto 
          message specifically raised concerns regarding the composition 
          of the standards review panels established in SB 1097.  A bill 
          that was substantially similar to this bill, AB 97 (Torlakson) 
          of 2010, established the Academic Content Standards Commission 
          for Science and H/SS consisting of 21 appointed members.  AB 97 
          was also vetoed by Governor Schwarzenegger arguing that the bill 
          was premature given California's participation in the Common 
          Core initiative.  
           
           The author states, "California should lead the nation in science 
          education and science exploration.  Instead we have standards 
          that still have Pluto as a planet and fail to mention 
          biotechnology, nanotechnology, warp speed computers, Wi-Fi, DNA 
          and do not reflect new information about human development, how 
          the mind works or information gained from scans of the heart, 
          brain or organs."
            








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           Related legislation  : SB 1033 (Feuer) provides for the 
          establishment of a standards review commission if the SPI and 
          the SBE jointly determine that there is a need to revise or 
          modify existing standards and authorizes a narrow revision to 
          the recently adopted common core state standards, as specified.  
          AB 1033 was held in the Assembly Appropriations Committee.

           Previous legislation:   SB 1 X5 (Steinberg), Chapter 2, Statutes 
          of 2009-10, Fifth Extraordinary Session, proposes comprehensive 
          changes to the Education Code (EC) consistent with the federal 
          RTTT program, and addresses the four RTTT policy reform areas of 
          standards and assessments, data systems to support instruction, 
          great teachers and leaders and turning around the 
          lowest-achieving schools.  Establishes the Standards Commission 
          to develop academic content standards in RLA and mathematics and 
          present recommended academic content standards to the SBE by 
          July 15, 2010 and requires the SBE to adopt or reject the 
          recommended standards by August 2, 2010.  

          AB 97 (Torlakson) of 2010, substantially similar to this bill, 
          established the Academic Content Standards Commission for 
          Science and H/SS (Commission) consisting of 21 appointed 
          members, as specified.  AB 97 was vetoed by then Governor 
          Schwarzenegger with the following veto message: 

          "Given California's participation in the Common Core initiative 
          and the anticipated reauthorization of the federal Elementary 
          and Secondary Education Act, this bill is premature.  This bill 
          could create an unnecessary, duplicative process in the 
          development of content standards and in the integration of those 
          standards into the state's assessment system." 

          SB 1097 (Torlakson) of 2008 establishes a process for the review 
          and revision of the state academic content standards to coincide 
          with the existing process for the revision of curriculum 
          frameworks and the adoption of instructional materials.  SB 1097 
          was vetoed by then Governor Schwarzenegger.  The veto message 
          read in part: 

               SB 1097 also deletes a provision codified by the 
               original statute that explicitly authorized the State 
               Board of Education (Board) to modify any proposed 
               content standards prior to adoption.   Instead, it 
               only allows the Board to accept or reject proposed 
               changes.  The Board would not have authority to make 








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               even minor corrections to the panel's recommended 
               changes.

               I see no compelling reason to alter the balance 
               established by the original statute in determining the 
               composition of the commission that reviewed the 
               academic content, or the process that provided for 
               recommendations to the Board for consideration, 
               modification, and approval.

               I cannot support the dilution of the authority of the 
               Governor or the State Board of Education.  
               California's content standards are too important to 
               allow for unnecessary ambiguity that could call into 
               question the very process of a historic review and 
               possible modification.

          AB 1454 (Richardson) of 2007 requires, beginning January 1, 
          2011, the SPI to appoint a content standards review panel for 
          English language arts and mathematics two years prior to the 
          adoption of the curriculum framework for each subject area.  AB 
          1454 was held in the Senate Education Committee. 

          AB 1100 (Mullin) of 2005 establishes a systematic procedure to 
          review and, if necessary, revise the state academic content 
          standards.  AB 1100 was held in the Assembly Appropriations 
          Committee. 

          AB 2744 (Goldberg) of 2004 establishes a process for periodic 
          review and revision of the state academic content standards.  AB 
          642 (Mullin) of 2003 requires the SPI to periodically review, 
          and the SBE to modify, the state's academic content and 
          performance standards, commencing in 2005.  SB 1367 (Karnette) 
          of 2002, requires the SBE, beginning in 2010, to provide for the 
          periodic review of the adopted statewide core curriculum content 
          standards and other specified standards through regional 
          hearings.  AB 2744, AB 642 and SB 1367 were vetoed with similar 
          veto messages stating that these bills were unnecessary as the 
          SBE had the authority to review and revise the content standards 
          as deemed necessary.  

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           








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          Business for Science, Math and Related Technologies Education 
          California Council for the Social Studies
          California Federation of Teachers
          California Science Teachers Association 
          Greater San Diego Council for the Social Studies
          Jamul-Dulzura Union School District 
          Korea Academy for Educators
          Sikh Council of Central California
          Sikh Temple Sacramento
          Individuals
           
            Opposition 
           
          None on file. 

           Analysis Prepared by  :    Marisol Avi�a / ED. / (916) 319-2087