BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 201| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 CONTINUED SB 201 Page 2 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 CONTINUED SB 201 Page 3 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 CONTINUED SB 201 Page 4 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 CONTINUED SB 201 Page 5 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 CONTINUED SB 201 Page 6 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. CONTINUED SB 201 Page 7 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 **** END **** CONTINUED