BILL ANALYSIS Ó SB 1200 Page 1 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: SB 1200 Page 2 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 SB 1200 Page 3 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 SB 1200 Page 4 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 SB 1200 Page 5 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 SB 1200 Page 6 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 SB 1200 Page 7 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. SB 1200 Page 8 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 SB 1200 Page 9 Opposition None on file. Analysis Prepared by : Marisol Aviña / ED. / (916) 319-2087