BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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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 León, Hill, Lara, Padilla, Steinberg
          NOES:  Walters, Gaines

           SENATE FLOOR  :  30-9, 5/28/13
          AYES:  Beall, Block, Calderon, Cannella, Corbett, Correa, De  
            León, 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, Chávez, Chesbro, Cooley, Daly, Dickinson,  
            Eggman, Fong, Fox, Frazier, Garcia, Gatto, Gomez, Gonzalez,  
            Gordon, Gray, Hall, Roger Hernández, Holden, Jones-Sawyer,  
            Levine, Linder, Lowenthal, Maienschein, Medina, Mitchell,  
            Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Perea, V.  
            Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner,  
            Stone, Ting, Weber, Wieckowski, Williams, Yamada, John A.  
            Pérez
          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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