BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 575|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   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)








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            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              for a limited period of time and have been repealed.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  







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              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  







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              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."









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          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








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          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


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