BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 575| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 575 Author: O'Donnell (D) Amended: 8/15/16 in Senate Vote: 21 SENATE EDUCATION COMMITTEE: 9-0, 6/29/16 AYES: Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan, Vidak SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16 AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen ASSEMBLY FLOOR: 41-31, 6/4/15 - See last page for vote SUBJECT: Instructional materials: follow up adoptions SOURCE: California Department of Education DIGEST: This bill re-establishes a fee supported process for the follow up adoption of instructional materials. ANALYSIS: Existing law: 1) Provides, in the State Constitution, and related statutes, for the State Board of Education (SBE) to adopt textbooks and other instructional materials for Kindergarten and grades 1-8. (Constitution of California, Article IX, § 7.5) AB 575 Page 2 2) Requires the SBE to adopt at least five basic instructional materials for all applicable grade levels in specific subject areas. Existing law authorizes instructional materials to be submitted for adoption in any of the specified subject areas every eight years. (Education Code § 60200) 3) No longer provides for follow up adoptions of instructional materials. Statutes specifically authorized follow up adoptions from 2004-2011; those provisions were for a limited period of time and have been repealed. This bill re-establishes a fee supported process for the follow up adoption of instructional materials. Specifically, this bill: 1) Provides that a follow up adoption is any adoption other than the primary adoption that occurs within the existing eight-year cycle. 2) Requires the California Department of Education (CDE), before conducting a follow up adoption in a given subject area, to post an appropriate notice on its Web site and notify all publishers or manufacturers known to produce basic instructional materials in that subject area. 3) Requires the notice to specify that each publisher or manufacturer choosing to participate in the follow up adoption be assessed a fee based on the number of programs the publisher or manufacturer indicates will be submitted for review and the number of grade levels proposed to be covered by each program. 4) Requires the fee to offset the cost of conducting the follow up adoption process and reflect the CDE's best estimate of the cost. This bill requires the CDE to take reasonable steps to limit costs of the follow up adoption and to keep the fee modest, recognizing that some of the work necessary for the primary adoption need not be duplicated. 5) Requires the CDE, before incurring substantial costs for the follow up adoption, to require that a publisher or AB 575 Page 3 manufacturer who wishes to participate in the follow up adoption first declare the intent to submit one or more specific programs for the follow up adoption and specify the specific grade levels to be covered by each program. 6) Requires the CDE, after a publisher or manufacturer has declared the intent to submit one or more programs and the grade levels to be covered by each program, to assess a fee. 7) Requires the CDE, if it determines that there is little or no interest by publishers and manufacturers in participating in a follow up adoption, to recommend to the SBE that the follow up adoption not be conducted and authorizes the SBE to choose not to conduct the follow up adoption. 8) Requires the fee to be payable by the publisher or manufacturer even if the publisher or manufacturer subsequently chooses to withdraw a program or reduce the number of grade levels covered. 9) Prohibits a submission from being reviewed for purposes of adoption, either in a follow up adoption or in any other primary or follow up adoption conducted thereafter, until the fee assessed has been paid in full. 10) States legislative intent that the fee not be so substantial that it prevents small publishers or manufacturers from participating in a follow up adoption. 11) Authorizes the SBE, upon the request of a small publisher or manufacturer, to reduce the fee for participation in the follow up adoption. 12) Defines "small publisher" and "small manufacturer" as an independently owned or operated publisher or manufacturer who is not dominant in its field of operation, and who, together with its affiliates, has 100 or fewer employees, and has average annual gross receipts of $10 million or less over the previous three years. 13) Requires revenue derived from fees to be budgeted as reimbursements and subject to review through the annual budget process and authorizes the fees to be used to pay AB 575 Page 4 costs associated with any adoption and any costs associated with the review of instructional materials. 14) Modifies existing provisions regarding the submission of instructional materials from every eight years to at least once but not more than twice every eight years. 15) Sunsets the provisions of this bill on January 1, 2024. Comments Need for follow-up adoptions. According to the CDE, it has an urgent need for authority to conduct a follow up instructional materials adoption for mathematics because the adoption of mathematics materials in 2014 occurred on an extremely accelerated timeline that in effect excluded the submission of more programs. In addition, that adoption occurred before publishers knew how the assessments would measure the proficiency of the Standards for Mathematical Practice and the California common core standards. The CDE believes another opportunity to adopt instructional materials for mathematics is appropriate to expand district choice and to provide flexibility for districts that have a local policy requiring the use of SBE-adopted instructional materials (rather than district-adopted materials). Why not limit to mathematics? According to the CDE, this bill is not limited to mathematics because "school districts want a dynamic list of available instructional materials for existing subject areas. AB 575 allows the SBE to conduct a follow up adoption when appropriate. This authority would allow the state to be responsible to the needs of the field quickly - without having to seek legislation for each subject area and conducting the necessary rulemaking process to establish appropriate regulations, all of which would take much more than a year. CDE believes a comprehensive approach would streamline the process and provide the SBE flexibility to determine when a follow up adoption is required. CDE anticipates that English language arts and the Next Generation Science Standards will also require follow up adoptions because of the statewide assessments. CDE will need authority to improve the quality of instructional materials programs after assessment results become available." AB 575 Page 5 FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee: This bill will likely not result in significant costs to the state. It expands the authority of the CDE to conduct one follow up instructional material adoption in a subject area if necessary, in addition to the primary adoptions that are supposed to occur every eight years. It allows a fee to be assessed to publishers who submit materials to offset the cost of the follow up adoption and prohibits the use of General Fund to support these adoptions. To the extent CDE determines that there is insufficient interest by publishers and manufacturers in participating in the adoption, the CDE will recommend to the SBE not to conduct the adoption. Minor costs to the CDE to recommend to the SBE that a follow up adoption not be conducted. SUPPORT: (Verified8/12/16) State Superintendent of Public Instruction Tom Torlakson California Art Education Association California Association for Bilingual Education California Association for Health, Physical Education, Recreation and Dance California Language Teachers Association California Music Education Association Californians Together California Science Teachers Association California School Boards Association California Teachers Association OPPOSITION: (Verified8/12/16) None received AB 575 Page 6 ASSEMBLY FLOOR: 41-31, 6/4/15 AYES: Alejo, Bloom, Bonilla, Bonta, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Eggman, Cristina Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin, Jones-Sawyer, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell, Perea, Quirk, Rendon, Rodriguez, Santiago, Mark Stone, Thurmond, Ting, Williams, Wood, Atkins NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang, Chávez, Dababneh, Beth Gaines, Gallagher, Gatto, Grove, Hadley, Harper, Jones, Kim, Lackey, Levine, Linder, Lopez, Maienschein, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk NO VOTE RECORDED: Brown, Dahle, Daly, Dodd, Frazier, Ridley-Thomas, Salas, Weber Prepared by:Lynn Lorber / ED. / (916) 651-4105 8/15/16 20:01:55 **** END ****