BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 201|
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UNFINISHED BUSINESS
Bill No: SB 201
Author: Liu (D)
Amended: 9/3/13
Vote: 21
SENATE EDUCATION COMMITTEE : 8-1, 4/3/13
AYES: Liu, Wyland, Block, Correa, Hancock, Hueso, Jackson,
Monning
NOES: Huff
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/23/13
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
SENATE FLOOR : 30-9, 5/28/13
AYES: Beall, Block, Calderon, Cannella, Corbett, Correa, De
Le�n, DeSaulnier, Evans, Galgiani, Hancock, Hernandez, Hill,
Hueso, Jackson, Lara, Leno, Lieu, Liu, Monning, Padilla,
Pavley, Price, Roth, Steinberg, Torres, Wolk, Wright, Wyland,
Yee
NOES: Anderson, Berryhill, Emmerson, Fuller, Gaines, Huff,
Knight, Nielsen, Walters
NO VOTE RECORDED: Vacancy
ASSEMBLY FLOOR : 59-14, 9/9/13 - See last page for vote
SUBJECT : Instructional materials: academic content
standards: English
learners
SOURCE : Author
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DIGEST : This bill permits the adoption of instructional
materials in the English language arts (ELAs) and English
language development (ELD) and makes changes to the assessment
of ELD for pupils who are ELs.
Assembly Amendments (1) add the requirement that the
Superintendent of Public Instruction (SPI) release a request for
proposals for the development of an English language development
assessment that is aligned to CA's common core ELD standards;
(2) require the updated assessment to consist of two components:
initial screener to identify ELs and an annual summative
assessment to measure proficiency; (3) sunsets the existing
California English Language Development Test (CELDT) once the
new assessments are ready; (4) change the test window from after
55% of the instructional year is completed to a period of time
(four-month window) after January 1 determined by the SPI and
State Board of Education (SBE); and (5) correct the
cross-reference re: instructional materials to the common core
ELD standards (rather than prior ELD standards).
ANALYSIS : The SBE adopted the Common Core academic content
standards (in mathematics and ELA) in August 2010.
Existing law:
1. Requires the SBE to adopt, by September 30, 2012, new ELD
standards that are aligned to the ELA standards
2. Establishes processes for the development of supplemental
instructional materials in the ELA (by September 30, 2012),
the ELD (by June 30, 2014), and mathematics (by September 30,
2012 and July 30, 2013).
3. Authorizes the SBE to conduct an adoption of basic
instructional materials in mathematics, by March 30, 2014.
4. Prohibits the SBE from adopting instructional materials,
updated curricular frameworks, or evaluation criteria until
the 2015-16 school year.
5. Prohibits the SBE from adopting basic instructional
materials in the ELA or mathematics in the year succeeding
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the year in which the SBE adopts basic materials in the other
subject for the same grade levels.
This bill permits the adoption of instructional materials in
ELAs and ELD and makes changes to the assessment of ELD for
pupils who are ELs. Specifically, this bill:
1. Permits the SBE to adopt instructional materials aligned to
the Common Core State Standards in ELA/ELD, as specified.
2. Permits the SBE to charge a fee for all publishers wishing to
submit materials for consideration by the SBE, as specified.
3. Identifies the intent of the Legislature to continue
implementation of the Common Core State Standards and ensure
that pupils and teachers have access to instructional
materials that are both aligned to the Common Core State
Standards and meet the needs of ELs.
4. Makes inoperative those sections of law governing the
administration, development, and maintenance of the existing
CELDT upon the report of the SPI to the Legislature that both
the assessment for the initial identification of ELs and the
summative assessment are ready for their initial
administration.
5. Makes operative new sections of law governing the
administration of the assessment of ELs for the purpose of
determining the English language proficiency of those pupils
upon the report of the SPI to the Legislature that both the
assessment for the initial identification of ELs and the
summative assessment are ready for their initial
administration.
6. Requires the development of two separate ELD assessments; one
for the initial identification of pupils as ELs and a second
for the annual summative assessment for ELs.
7. Requires the assessment of pupils in kindergarten and grade 1
to be assessed in English listening and speaking, and, once
an assessment is developed, in early literacy skills.
8. Identifies the window in which the annual summative
assessment may be administered as a four-month period after
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January 1 of each school year, as determined by the SPI.
9. Requires the SPI, in consultation with the SBE, to release a
request for proposals for the development of assessments for
the purposes set forth in this bill, if the SPI determines
that no existing assessments may be used.
10.Requires the SBE to approve assessment blueprints, assessment
performance descriptors, and performance-level cut scores
based on standard settings.
11.Specifies the minimum requirements of an assessment used for
the initial identification of ELs.
12.Specifies the purpose of an assessment used for the initial
identification be the identification of pupils who are
limited English proficient.
13.Specifies the minimum requirements of an annual summative
assessment of EL pupils.
14.Specifies the purposes of a summative assessment are the
identification of the level of English proficiency of pupils
who are limited English proficient and to assess the progress
of limited-English-proficient pupils in acquiring the skills
of listening, reading, speaking, and writing in English.
15.Makes technical and non-substantive changes to these
sections.
Comments
According to the Senate Education Committee, California's Common
Core initiative includes the adoption or approval of new
standards, frameworks, criteria by which instructional materials
are evaluated, supplemental instructional materials, basic
instructional materials, and a new assessment system.
California is currently pilot testing new assessments and
expects full implementation of new assessments in ELAs and
mathematics in Spring 2015. This bill provides a due date of
November 30, 2015, for instructional materials that are aligned
to both the ELA and the ELD standards. The CDE is currently
working on other Common Core-related activities (approving
supplemental instructional materials, evaluating mathematics
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instructional materials), which precludes the CDE from
initiating another adoption prior to the date established in
this bill. While state-adopted materials for K-8 will not be
available to school districts prior to the expected
administration of the new assessments, supplemental materials in
the ELA and the ELD (separately) are currently available.
Further, existing law authorizes school districts to use
instructional materials that are aligned to California's
original academic content standards or California's Common Core
standards, including materials that have not been adopted by the
SBE.
Fee-based adoption . This bill establishes a fee-based adoption,
whereby instructional materials publishers are assessed a fee
based on the number of subjects, number and types of materials,
and grade levels. According to the Senate Appropriations
Committee's analysis of prior legislation that also calls for a
fee-based adoption, the CDE indicates that the process ensures
the CDE will fully recover its costs of the adoption. Some
publishers of instructional materials have expressed concern
that this process requires a significant investment of resources
to develop the materials and pay for consideration by the CDE
and SBE without any assurance that school districts will
purchase those materials (particularly without a requirement for
districts to purchase nor specific resources for districts to do
so). The recently authorized adoption of mathematics materials
is fee-based. It may be reasonable to monitor that process to
determine if publishers face insurmountable obstacles.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Assembly Appropriations Committee:
General Fund (GF) administrative costs to State Department of
Education (SDE), of approximately $400,000, to conduct an
adoption process for basic instructional materials aligned to
ELA and ELD standards, as specified. The majority of this
cost will likely be offset with fees the SDE is authorized to
assess to instructional materials publishers for this purpose.
GF/Proposition 98 cost pressure, likely in the tens of
millions, to provide school districts with funding to purchase
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basic instructional materials aligned to ELA and ELD
standards. Under the Local Control Funding Formula, however,
local education agencies (LEAs) are expected to utilize their
base and supplemental grants for this purpose. Likewise, AB 2
X4 (Evans), Chapter 2, Statutes of 2009, specified LEAs are
not required to purchase instructional materials through the
2012-13 fiscal year (FY). SB 70 (Budget and Fiscal Review
Committee), Chapter 7, Statutes of 2011, extended this
suspension until the 2014-15 FY. This bill does not interfere
with these provisions.
GF/ Proposition 98 costs, of approximately $7.6 million, to
develop an initial and summative language proficiency
assessment. This cost may decrease depending on the results
of an analysis of the CELDT to determine what assessment
questions are able to be incorporated into any new language
proficiency assessments. Likewise, current year federal
carryover funds and on-going federal funding may offset GF
costs. Currently, the majority of CELDT contract costs are
paid through federal Title VI: Assessment and Accountability
funds.
The 2013 Budget Act language provides CDE with authority to
utilize any contract CELDT savings to begin the process of
developing an initial and summative language proficiency
assessment, subject to enacted legislation in the 2013-14
Legislative Session. This bill meets this requirement. CDE
estimates it may have up to $1 million in current year contract
savings available for this purpose.
SUPPORT : (Verified 9/9/13)
California Federation of Teachers
Californians Together
State Superintendent of Public Instruction
ARGUMENTS IN SUPPORT : According to the author's office, the
SBE adopted the ELAs and mathematics in 2010. The SBE adopted
updated standards for the ELD that are aligned with the Common
Core in 2012. The Legislature recently authorized the approval
of separate supplemental instructional materials the ELA and for
the ELD. The next step is to authorize the adoption of basic
instructional materials that are aligned to both the ELA
standards and the ELD standards.
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ASSEMBLY FLOOR : 59-14, 9/9/13
AYES: Achadjian, Alejo, Ammiano, Atkins, Bloom, Bocanegra,
Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon,
Campos, Chau, Ch�vez, Chesbro, Cooley, Daly, Dickinson,
Eggman, Fong, Fox, Frazier, Garcia, Gatto, Gomez, Gonzalez,
Gordon, Gray, Hall, Roger Hern�ndez, Holden, Jones-Sawyer,
Levine, Linder, Lowenthal, Maienschein, Medina, Mitchell,
Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Perea, V.
Manuel P�rez, Quirk, Quirk-Silva, Rendon, Salas, Skinner,
Stone, Ting, Weber, Wieckowski, Williams, Yamada, John A.
P�rez
NOES: Allen, Bigelow, Dahle, Donnelly, Beth Gaines, Grove,
Harkey, Jones, Logue, Mansoor, Melendez, Wagner, Waldron, Wilk
NO VOTE RECORDED: Conway, Gorell, Hagman, Morrell, Patterson,
Vacancy, Vacancy
PQ:d:nl 9/9/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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