BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1200
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          Date of Hearing:   June 27, 2012

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                    SB 1200 (Hancock) - As Amended:  June 19, 2012

           SENATE VOTE  :   26-13
           
          SUBJECT  :  Academic content standards: recommended additional 
          standards or modifications: expert group

           SUMMARY  :  Authorizes the Superintendent of Public Instruction 
          (SPI) to recommend and the State Board of Education (SBE) to 
          approve, modifications to the common core academic content 
          standards adopted by the SBE.   Specifically,  this bill  :   

          1)Requires the SBE, if it modifies the common core academic 
            content standards, to explain, in writing, to the Governor and 
            the Legislature the reasons for modifying the standards. 

          2)Requires the SPI's recommendations and the SBE's actions to 
            assist schools in the implementation of the common core state 
            standards.

          3)Requires the SPI, in consultation with the SBE, to consult a 
            group of experts in English language arts (ELA) and 
            mathematics for purposes of developing recommendations 
            pursuant to this bill and requires the SPI to ensure that the 
            group of experts includes, but is not limited to, individuals 
            who are teachers of mathematics and English language arts in 
            elementary and secondary schools, schoolsite principals, 
            administrators of school districts or county offices of 
            education, and university professors.

          4)Provides that the SPI and the SBE shall hold a minimum of two 
            public hearings pursuant to the Bagley-Keene Open Meeting Act 
            in order for the public to provide input on the modifications 
            recommended.

          5)Requires on or before July 30, 2013, the SPI to present the 
            modifications to the SBE, and the SBE to adopt, reject, or 
            modify the recommendations by September 30, 2013.

          6)Stipulates that the modifications to the common core academic 
            content standards shall ensure that:








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             a)   The rigor of the state common core academic content 
               standards is maintained so that all high school graduates 
               are prepared for college and careers, as specified in the 
               common core academic content standards;

             b)   All of the common core academic standards developed by 
               the specified consortium or interstate collaboration are 
               adopted;

             c)   Modifications include the anchor standards of the common 
               core standards for ELA;

             d)   One set of standards is adopted at a grade level;
             e)   The content standards for Algebra I are based upon the 
               common core standards for mathematics;

             f)   Redundant math standards are eliminated;

             g)   The implementation of standards is improved;

             h)   The cost of implementing the standards is reduced; and,

             i)   The modifications amount to no more than 15% of the 
               common core academic content standards.

           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)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 








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            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.  

          3)Requires, if the standards in #2 above are rejected, the SBE 
            to provide a specific written explanation to the SPI, the 
            Governor, and the Legislature of the reasons why the proposed 
            standards were rejected.

          4)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.

          5)Requires the SBE to adopt revised curriculum frameworks and 
            evaluation criteria that are aligned to the common core 
            academic content standards for mathematics and language arts 
            no later than May 30, 2013, and May 30, 2014, respectively.

          6)Requires the SPI, in collaboration with the SBE, and specified 
            individuals, to develop criteria to guide the development of 
            model professional development modules for teachers and 
            administrators that incorporate, make use of, and build upon 
            existing programs currently available at the local, state and 
            national levels to deepen the understanding of the common core 
            academic content standards and specified topics.

           FISCAL EFFECT  :   According to the Senate Appropriations 
          Committee: 

          1)Convening group of experts: $25,000 in 2012-13, and $25,000 in 
            2013-14 for the CDE to staff additional Bagley-Keene compliant 
            meetings and reimburse participant travel.

          2)Potentially substantial savings, if the grade 8 mathematics 
            standards are altered to be more consistent with the Common 
            Core standards.

           COMMENTS  :  This bill authorizes the SPI to make recommendations 
          for and the SBE to approve modifications to the recently-adopted 
          common core standards in ELA and mathematics.  

          Current law does not provide for a process for periodically 
          reviewing, updating, modifying or revising the academic content 








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          standards.  Although the ELA and math standards were recently 
          revised, the modification of these standards was accomplished 
          through legislation that directed a one-time review for the 
          adoption of the common core standards through a very specific 
          process.  The adoption 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 therefore was a one-time 
          activity and only focused on ELA and math.   

           Common core state standards  :  Legislation enacted for purposes 
          of satisfying part of the criteria for the RTTT program, SB 1 X5 
          (Steinberg), Chapter 2, Statutes of 2009-10, Fifth Extraordinary 
          Session, established the Standards Commission to develop and 
          recommend to the SBE academic content standards in ELA and 
          mathematics by July 15, 2010.  SB 1 X5 (Steinberg) required 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 NGA and the CCSSO or any 
          associated or related interstate collaboration and required the 
          SBE to adopt or reject the recommended standards by August 2, 
          2010.  Per the requirements of SB 1 X5 (Steinberg), the 
          Standards Commission submitted its recommendations to the SBE to 
          adopt the common core state standards with additional 
          California-specific standards and these recommendations were 
          adopted by the SBE on August 2, 2010.  

           The problem  :  The author argues that the adoption of the common 
          core standards resulted in some challenges.  As an example, the 
          author notes that "California adopted two sets of grade 8 math 
          standards: (1) the common core grade 8 standards and (2) a set 
          that combined elements of the common core grade 8 and high 
          school math standards with California's own algebra standards.  
          The Elementary and Secondary Education Act is based on the 
          premise that all students in grades 1 through 8 are taught and 
          assessed on the same set of standards."

          The author further states, "Several implementation issues arise 
          by California adopting a different set of grade 8 math standards 
          from other participating states.  For example, instructional 
          materials for use in California would need to be different from 
          those used by other states- the unique additional standards may 
          increase the costs of those materials for our local school 
          districts.  In addition, assessment consortia will be developing 
          assessments aligned to the Common Core standards and not the 
          variation adopted in California. This may result in issues with 








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          our algebra standards and curriculum not being aligned with our 
          assessment and accountability system."  

          Having two sets of grade eight math standards may result in 
          misalignment with any common assessments that may be adopted in 
          the future, and may also result in challenges in the practical 
          implementation of having two different sets of standards and 
          expectations for students in the same grade level.  It is not 
          clear as to how school districts will make the determination of 
          which standards will be delivered to which pupils.  The 
          difficulties with having two sets of standards are widely 
          recognized.  For example, SB 140 (Lowenthal), Chapter 623, 
          Statutes of 2011, which requires the development of a list of 
          supplemental instructional materials to bridge the gap between 
          current instructional materials and the common core standards, 
          specifically excludes materials for 8th grade mathematics.

          The second issue this bill seeks to resolve is to adopt the 
          college and career readiness (CCR) anchor standards that 
          complement the grade-specific common core content standards in 
          ELA.  The anchor standards were left out of the original 
          adoption of the common core, even though the statute required 
          the adoption of the common core standards in their entirety.  It 
          is uncertain as to why the anchor standards were not adopted.  
          Some have argued that the Standards Commission worked under a 
          very short timeline and did not have the time to consider the 
          anchor standards.  
           
          Revising the common core standards  :  An argument can be made 
          that giving the authority to the SPI and SBE to modify the 
          common core standards may contradict prior legislative action 
          and intent to ensure that the recommendations of the Standards 
          Commission relative to the common core state standards would not 
          be modified by the SBE.  The Legislature crafted such language 
          in SB 1 5X in response to previous SBE actions during the 
          original adoption of the content standards in the 1990's, when 
          the SBE substantially modified, and essentially re-wrote, the 
          math standards developed and recommended by the original 
          standards commission.  This bill, however, provides for a very 
          narrow review of the standards that is limited to the identified 
          areas rather than authorizing a broad review of the common core 
          standards.      

          A previous similar measure, AB 1033 (Feuer) of 2011, in its 
          introduced version gave the SPI and the SBE the authority to 








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          modify the academic content standards, including the common core 
          standards.  However, AB 1033 was amended by this Committee to 
          instead convene a standards review commission to make 
          recommendations to the SBE relative to modifications for the 
          common core standards.  This Committee was interested in 
          providing for an open and transparent process- consistent with 
          the original legislation- that would involve a majority of 
          teachers and experts in any subsequent review of the standards.  

           
           Previous legislation, namely SB 1 X5 (Steinberg), which gave the 
          SBE the authority to adopt the ELA and math common core 
          standards, did so through the establishment of the Standards 
          Commission, which was comprised of a majority of teachers.  
          Considering that a standards commission consisting of a majority 
          of teachers was established through legislation specifically for 
          purposes of reviewing the common core standards and making 
          recommendations to the SBE,  this Committee may wish to consider  
          whether this bill should be amended to specify that the panel of 
          experts established in this bill shall be comprised of a 
          majority of teachers, consistent with the original common core 
          standards legislation and with previous actions of this 
          Committee.  Previous bills dealing with standards revisions, SB 
          300 (Hancock), Chapter 624, Statutes of 2011, and AB 124 
          (Fuentes), Chapter 605, Statutes of 2011, as approved by this 
          Committee, included language specifying that the advisory 
          committees established through those bills would be comprised of 
          a majority of teachers.  

          The two prior bills were amended in Appropriations Committee to 
          authorize the revision of standards through consultation with a 
          panel of experts, instead of through the establishment of a 
          commission or an advisory committee.  In light of the fiscal 
          climate, the current Administration did not support the creation 
          of new commissions or advisory committees and thus the expert 
          panel approach has been utilized to reduce costs of such work.  
          This bill, as amended in the Senate Appropriations Committee, is 
          consistent with the language in the two previous measures.  

           Legislative history  :  Previous legislative attempts to establish 
          a periodic review of the academic content standards have been 
          unsuccessful.  In years past, several bills have been introduced 
          trying to revise the academic content standards most of which 
          have been vetoed by two former governors and some of which did 
          not reach the governor's desk. Three of the four vetoed bills 








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          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.  

           Arguments in support  :  The State Superintendent of Public 
          Instruction, the sponsor of this bill writes, "The CCSS Ýcommon 
          core state standards] College and Career Readiness (CCR) Anchor 
          Standards define the literacy expectations for students entering 
          college and careers, and provide the foundation for the 
          kindergarten through grade twelve English-language arts 
          standards.  Although the CCR Anchor Standards were never adopted 
          by the SBE, they are essential to understanding the structure 
          and cohesive nature of the CCSS."  Additionally the SPI states, 
          "SB 1200 will reduce costs, eliminate confusion, and promote 
          academic rigor with regard to the academic content standards." 

           Related legislation :  AB 2116 (Lara) Requires the CDE to 
          contract for a multiyear independent study of the implementation 
          of the common core academic content standards.  AB 2116 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.  








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          AB 1033 (Feuer) of 2011 establishes a content standards review 
          commission (CSRC), if the SPI and the SBE jointly find a need to 
          revise or modify the state's content standards.  Allows the 
          following content standards to be reviewed by the CSRC: (a) the 
          Common Core standards in English language arts (ELA) and 
          mathematics; (b) history/social science; (c) science; (d) career 
          technical education (CTE); (e) visual and performing arts; (f) 
          physical education; and (g) foreign language.  AB 1033 was held 
          in the Assembly Appropriations Committee.  

          AB 124 (Fuentes), Chapter 605, Statutes of 2011, establishes a 
          process to update, revise, and align the ELD standards to the 
          common core state standards in ELA and requires the SPI and the 
          SBE to present to the Governor and the appropriate policy and 
          fiscal committees of the Legislature a schedule and 
          implementation plan for integrating the revised ELD standards 
          into the education system.  

          SB 140 (Lowenthal), Chapter 623, Statutes of 2011 requires the 
          CDE, 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 
          California's common core (CCC) academic content standards in 
          language arts and for kindergarten and grades 1-7, inclusive, 
          that are aligned with CCC standards in mathematics, and repeals 
          these provisions on July 1, 2014.   

          SB 300 (Hancock), Chapter 624, Statutes of 2011, requires the 
          SPI in consultation with the SBE to convene a group of science 
          experts that, include but is not limited to, individuals who are 
          elementary and secondary science teachers, school-site 
          principals, school district or county office of education 
          administrators, and university professors for purposes of 
          adopting science content standards.  

           REGISTERED SUPPORT / OPPOSITION  :

          Support 
           
          State Superintendent of Public Instruction (Sponsor)
          Association of California School Administrators 
          California School Boards Association
          Los Angeles County Office of Education 
           








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            Opposition 
           
          None on file. 

           Analysis Prepared by  :    Marisol Aviña / ED. / (916) 319-2087