BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 314
                                                                  Page  1

          Date of Hearing:   May 20, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                    AB 314 (Brownley) - As Amended:  May 6, 2009 

          Policy Committee:                              Education  
          Vote:8-1

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill makes several changes to the adoption process for  
          instructional materials (IM) and extends the timeframe for  
          school districts to purchase IM from 24 to 36 months.  
          Specifically, this bill:  

          1)Requires policies and procedures for IM adoption to include  
            the consideration of price, only after recommendations are  
            submitted to the State Board of Education (SBE) based on  
            content standard alignment, approved evaluation criteria, and  
            quality.  

          2)Requires an IM publisher/manufacturer to provide IM in an  
            electronic format at a price that is less than the price  
            charged for the printed version.  This measure exempts small  
            IM publishers from this requirement.  

          3)Requires the adopted IM list published on the State Department  
            of Education's (SDE) Internet website to include information  
            from the findings and recommendations developed by the expert  
            reviewers/evaluators of IM involved in the review process, as  
            specified.  

          4)Deletes the authority of the Curriculum Development and  
            Supplemental Materials Commission (Curriculum Commission) to  
            evaluate IM and recommend IM for adoption by the SBE.  

          5)Requires the Superintendent of Public Instruction (SPI) to  
            select and appoint IM reviewers and content experts based on  
            school districts' recommendations of individuals.  

          6)Authorizes a local governing board to use Instructional  
            Materials Funding and Realignment Program (IMFRP) allocations  
            to purchase state adopted IM in an electronic format, if it  





                                                                  AB 314
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            can ensure that each pupil will be provided with a copy of the  
            IM to use at school and home, as specified.  

           FISCAL EFFECT  

          Potential GF administrative savings, of at least $100,000, to  
          reduce the duties of the Curriculum Commission.  However, this  
          funding would need to be redirected to SDE for administrative  
          costs associated with verifying and selecting IM reviewers and  
          content experts and posting information on its Internet website,  
          as specified.  Also, the SDE may need additional funding,  
          potentially in excess of $150,000, to handle administrative  
          duties previously conducted by the commission.  The 2009 Budget  
          Act allocates $164,000 GF to provide the Curriculum Commission  
          with subject matter experts.  

           COMMENTS  

           1)Purpose  .  Current law requires the SBE to adopt basic IM in  
            the core academic content areas (English language arts,  
            mathematics, history/social science, and science) every six  
            years for use in grades K-8. It is also required to adopt  
            statewide academically rigorous content standards in the core  
            curriculum areas, including ELA. These content standards are  
            implemented through the curriculum frameworks, as adopted by  
            SBE. The adopted IM must be consistent with the criteria and  
            standards of quality prescribed in the adopted curriculum  
            frameworks. Also, the governing board of each school district  
            maintaining one or more high schools is authorized to adopt IM  
            for use in the high schools (grades 9-12) under its control. 

            In May 2007, the Legislative Analyst Office (LAO) released a  
            report entitled: Reforming California's Instructional  
            Materials Adoption Process.  Specifically, the LAO recommended  
            "the state continue to involve expert panels, SDE, SBE,  
            publishers, other advocates, and the general public in the  
            framework development and adoption process but eliminate the  
            role of the Curriculum Commission. This would be consistent  
            with the process used in most adoption states, which either do  
            not have such commissions or do not involve them in adoption  
            decisions. Removing the commission from the adoption process,  
            however, would streamline the process  
            significantly-eliminating virtually all of the existing  
            redundancies."  

            This bill implements this LAO recommendation and authorizes  
            school districts to submit recommendations for experts to  
            review IM, as specified.  





                                                                  AB 314
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           2)The Curriculum Commission  is an 18 member advisory board to  
            SBE. Commissioners tend to be recognized authorities in a  
            specific subject matter, professors, curriculum experts, K-12  
            teachers, or community members.  The commission advises SBE on  
            the K-12 curriculum frameworks and K-8 IM.  In doing so, it  
            serves as a kind of intermediary between the field experts and  
            SBE. The commission holds a public hearing on a framework  
            after the Subject Matter Committee hearing and before the SBE  
            hearing on the framework. It also holds a public hearing on IM  
            after content panel members develop their evaluation report  
            and before SBE holds a hearing to adopt the materials. 

           3)The IMFRP  provides funds to districts to purchase SBE adopted  
            IM in the four academic content areas and other subjects, as  
            specified. School districts are required to purchase adopted  
            IM (as well as locally adopted materials for grades 9-12) for  
            every student within 24 months after SBE adoption.  This bill  
            would extend the time school districts have to purchase to 36  
            months.  The 2009 Budget Act allocates $333.7 million GF/98  
            for the IMFRP, which includes a base reduction of 19.8%.    

           4)Previous related legislation  .  AB 2315 (Mullin), similar to  
            this measure with regard to the adoption of IM, was vetoed in  
            September 2008 with the following message: 

            "The SBE recently addressed the issue of greater transparency  
            and clear timelines and procedures in the instructional  
            materials adoption process. Those SBE regulations were  
            intended to set forth the process by which the SBE adopts  
            curriculum frameworks, evaluation criteria, and instructional  
            materials. Moreover, I see no need to change the process or  
            the people involved in this important work. The SBE should  
            maintain the authority of selection and appointment of  
            instructional materials reviewers and content review experts."  
               

           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081