BILL ANALYSIS
AB 2069
Page 1
Date of Hearing: April 21, 2010
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 2069 (Carter) - As Amended: April 5, 2010
SUBJECT : Education: educational materials
SUMMARY : Repeals the suspension of instructional materials
adoptions and establishes a timeline for resuming the submission
of instructional materials to the State Board of Education (SBE)
for adoption. Specifically, this bill :
1)Repeals provisions prohibiting the SBE from adopting
instructional materials or following the procedures adopted
for the adoption of instructional materials until the 2013-14
school year.
2)Repeals an existing schedule for the submission of specified
instructional materials to the SBE for adoption, and instead,
requires that instructional materials for the following
subjects be submitted for adoption as follows:
a) Mathematics in 2012;
b) English language arts in 2013;
c) History-social science in 2014;
d) Health in 2015;
e) Science in 2016;
f) World language in 2017; and,
g) Visual and performing arts in 2018.
3)Requires the SBE to adopt a revised curriculum and evaluation
criteria for instructional materials in history-social science
no later than June 1, 2011.
EXISTING LAW :
1)Requires the SBE to adopt basic instructional materials for
use in kindergarten and grades one to eight, inclusive, (K-8)
and requires the state board to ensure that the instructional
materials it adopts meet specified criteria, and requires
those criteria to be approved by resolution at the time the
resolution adopting the framework for the current adoption is
approved, or at least 30 months before the date that the
materials are to be approved for adoption.
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2)Prohibits the SBE from adopting instructional materials or
follow the procedures for the adoption of instructional
materials until the 2013-14 school year.
3)Requires local governing boards to provide standards-aligned
textbooks or basic instructional materials no later than 24
months after those materials are adopted by the SBE, except
that for the 2008-09 to the 2012-13 fiscal years, inclusive, a
governing board of a school district is not required to
provide pupils with instructional materials by the specified
period of time following adoption of those materials by the
SBE.
4)Establishes the Academic Content Standards Commission, as
specified, to develop academic content standards in language
arts and mathematics and present recommended academic content
standards to the SBE by July 15, 2010.
5)Requires that at least 85% of these standards be the common
core academic standards developed by the Common Core State
Standards Initiative consortium sponsored by the National
Governors Association (NGA) and the Council of Chief State
School Officers (CCSSO) or any associated or related
interstate collaboration to jointly develop common
high-quality standards or assessments aligned with the common
set of standards, and requires the SBE to adopt or reject the
recommended standards by August 2, 2010.
6)Requires, if the standards are rejected, the SBE to provide a
specific written explanation to the SPI, the Governor, and the
Legislature of the reasons why the proposed standards were
rejected.
7)Requires the Superintendent of Public Instruction (SPI) and
the SBE to present to the Governor and to the appropriate
policy and fiscal committees of the Legislature a schedule and
implementation plan for integrating the revised adopted
academic content standards into the state educational system.
8)Establishes a timeline for submitting the specified
instructional materials to the SBE for adoption as follows:
a) English language arts in 2008;
b) Foreign languages in 2012; and,
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c) Health in 2013.
9)Provides that the requirement for evaluation criteria to be
approved at least 30 months before the date that the materials
are to be adopted shall not apply if all of the specified
conditions are met relative to the history-social science
(H/SS) and science curriculum frameworks.
10)Prohibits the SBE from adopting basic instructional materials
in math or English language arts for the same grade level in
successive years.
FISCAL EFFECT : Unknown
COMMENTS : Curriculum frameworks provide a blueprint for
curriculum and instruction by describing the scope and sequence
of the knowledge and skills all students need to master in a
specific subject area, and the evaluation criteria found within
the framework provides guidance to publishers in the development
of instructional materials. The framework and criteria are used
to evaluate kindergarten and grades 1-8, inclusive, (K-8)
instructional materials that are submitted for state adoption
and the curriculum frameworks also provide guidance to teachers
in the delivery of the curriculum.
Background on budget action relative to instructional materials :
AB 2 X4 Chapter 2, Statutes of 2009-10, Fourth Extraordinary
Session suspends the requirement for the SBE to adopt
instructional materials for use in K-8 through the 2012-13
fiscal year, and for the 2008-09 to the 2012-13 fiscal years,
inclusive, local educational agencies (LEAs) are not required to
purchase newly adopted instructional materials within 24 months
of adoption by the SBE. Additionally, LEAs are allowed to use
funds from about 39 categorical programs, including
instructional material funds "for any educational purpose"
through the 2012-13 fiscal year except that if a LEA purchases
instructional materials for grades K-8, it may only purchase
SBE-adopted instructional materials, and for grades 9 to 12,
inclusive, districts can only purchase materials that are
aligned with the state standards.
This bill repeals the provision that suspends instructional
materials adoptions for the next three years and establishes a
timeline for the adoption of instructional materials beginning
in 2012. Because the suspension of instructional material
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adoptions was negotiated in the context of the Budget Act, this
Committee may wish to consider whether these provisions should
be repealed without prior consideration by the Budget Committee
or the appropriate Budget Subcommittee. Staff recommends an
amendment to reinstate the instructional materials adoption
suspension provisions. Additionally, the bill should be amended
to adjust the timeline in the bill for resuming the process for
the adoption instructional materials so that it is aligned with
the existing repeal of the suspension language and specify that
the process resumes in the 2013-14 school year.
This Committee should further consider revising the adoption
timeline proposed by this bill by taking into account current
statues regarding the restriction on adopting math and reading
language arts instructional materials in successive years, the
possible adoption of common core standards, and the adoption of
the H/SS framework as proposed by this bill.
H/SS framework : The Curriculum Development and Supplemental
Materials Commission (Curriculum Commission) had begun the
process of updating the H/SS framework for the 2011 H/SS primary
adoption prior to the enactment of AB 2 X4 Chapter 2, Statutes
of 2009-10, Fourth Extraordinary Session. On July 17, 2009, the
Curriculum Commission approved the draft update of the H/SS
framework for field review, but due to the budget action, the
field review was suspended. The California Department of
Education (CDE) also suspended work related to the revision of
frameworks for science, health, and mathematics. Several
concerns were expressed over the suspension of the framework
revision and adoption process. Many argued that the framework
development and adoption should continue even without an
immediate instructional materials adoption, as the framework,
itself, provides updated content and pedagogical approaches for
teachers to enable students to gain updated and relevant
knowledge and skills.
This bill requires the SBE to adopt a revised curriculum and
evaluation criteria for instructional materials in H/SS no later
than June 1, 2011, any other law notwithstanding. Staff
recommends the bill be amended to change this date to July 1,
2011 so as to allow for the adoption of the H/SS framework by
the start of the 2011-2012 fiscal year. Additionally, current
law requires the adoption of instructional materials 30 months
after the adoption of the framework and evaluation criteria
takes place. Staff recommends amending the bill to exempt the
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H/SS framework and criteria adoption from the existing
requirement that evaluation criteria be adopted 30 months prior
to instructional materials adoption. Furthermore, in order to
be able to adopt the H/SS framework prior to the sunset of the
adoptions suspension, the bill should "notwithstand" the budget
provisions prohibiting the SBE from adopting instructional
materials and frameworks, but only for purposes of adopting the
H/SS framework.
Furthermore, since H/SS was the next subject due for an
instructional materials adoption in 2011, and because much of
the work on the H/SS framework has already been completed, it
may be appropriate to resume the H/SS instructional materials
adoption in 2013 as opposed to 2014 as proposed by this bill.
Adopting H/SS instructional materials in 2014 could mean that
textbooks would be based on a framework that was drafted five
years earlier and in consideration that H/SS content changes
very rapidly, an argument could be made that by the time the
textbooks are adopted, the framework will be outdated.
Math and ELA common core standards : Legislation enacted for
purposes of satisfying part of the criteria for the Race to the
Top (RTTT) program, namely, SB 1 X5 (Steinberg), Chapter 2,
Statutes of 2009-10, Fifth Extraordinary Session, establishes
the Academic Content Standards Commission to develop academic
content standards in language arts and mathematics and present
recommended academic content standards to the SBE by July 15,
2010. SB 1 X5 (Steinberg) requires that at least 85% of these
standards be the common core academic standards developed by the
Common Core State Standards Initiative consortium sponsored by
the NGA and the CCSSO or any associated or related interstate
collaboration to jointly develop common high-quality standards
or assessments aligned with the common set of standards, and
requires the SBE to adopt or reject the recommended standards by
August 2, 2010. The RTTT guidance did not require a specific
timeline for the implementation of the common core standards
into the frameworks and instructional materials. The SPI and
SBE are required to present to the Governor and to the
appropriate policy and fiscal committees of the Legislature a
schedule and implementation plan for integrating the revised
adopted academic content standards into the state educational
system. According the CDE, a plan will be submitted to the
Legislature, if and when the common core standards in math and
ELA are adopted. If the common core academic standards are
adopted, instructional materials that are aligned to these
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standards will have to be adopted for math and ELA.
However, current law prohibits the state board from adopting
math and ELA instructional materials in successive years. Math
and ELA are the largest and most expensive adoptions for school
districts and in 2006, the Legislature recognized this and
approved legislation to prohibit the successive adoption of
instructional materials in these two subject areas.
Accordingly, staff recommends the bill be amended to ensure math
and ELA instructional materials are not adopted in successive
years. Not only are the adoptions in math and ELA very costly,
but school districts are also required to follow very tight
timelines in the purchase of newly adopted textbooks. School
districts are required to purchase instructional materials
within 24 months of adoption by the SBE. This requirement
coupled with budget cuts will create difficulty for districts to
meet the mandated adoptions after the budget flexibility
provisions sunset.
Staff recommends amending the proposed timeline to ensure that:
1) Adoptions begin after the budget provisions on the
suspension of instructional materials are repealed;
2) H/SS instructional materials are adopted first since a
framework has already been drafted and is close to
completion; and
3) Math and ELA instructional materials adoptions do not
occur in successive years and thus keep the bill consistent
with current law prohibiting successive math and ELA
adoptions.
Staff recommends the following timeline for the submission of
instructional materials:
a) History-social science in 2013;
b) Mathematics in 2014;
c) World language in 2015;
d) English language arts in 2016;
e) Health in 2017;
f) Science in 2017; and,
g) Visual and performing arts in 2018.
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The author states: "The proposed legislation would lift the
current legislative suspension on framework development and
instructional materials adoptions, and allow the California
Department of Education (CDE) to begin work on new frameworks
and adoptions that would meet the new standards developed
pursuant to SBX5 1. The bill would enable CDE and the State
Board of Education to adopt those materials on an expedited
basis. The bill would also direct CDE to finish work on the
updated curriculum framework in history-social science, which
was nearly completed when the legislative suspension was
implemented."
Arguments in support : The Sikh Council of Central California
writes, "We need to adopt the draft updated [History Social
Science] Framework without further delay because of the obvious
reasons, to make it possible for the teachers to teach in
accordance with it. In order to proceed forward and for its
early adoption, Assemblymember Carter has proposed AB 2069.
Because it will take effect from June 1, 2011, and includes a
schedule for the adoption of instructional material to help
improve the teaching of updated history and social sciences for
our children, the SCCC fully supports this bill."
Arguments in opposition : The Association of California School
Administrators writes, "AB 2069 would require the
reauthorization of adoptions starting with mathematics to
commence in 2012. We believe the resumption of adoptions should
be aligned to the resumption of the instructional materials fund
requirements (including the 24 month purchase rule) which is
July 1, 2013. This will ensure the full 24 month purchase
requirement will be in effect upon the repeal of the current
suspension of adoptions giving local education agencies, some
but not much time, to save up for the resumption of mandated
adoptions and purchases."
Related legislation : SB 1278 (Wyland), an urgency measure, and
almost identical measure, repeals the suspension of
instructional materials adoptions by the SBE and establishes a
timeline for the submission of instructional materials to the
SBE for adoption. SB 1278 is pending in the Senate Education
Committee.
Previous legislation: SB 1 X5 (Steinberg), Chapter 2, Statutes
of 2009-10, Fifth Extraordinary Session, proposes comprehensive
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changes to the Education Code (EC) consistent with the federal
Race to the Top (RTTT) program; this bill addresses the four
RTTT policy reform areas of standards and assessments, data
systems to support instruction, great teachers and leaders and
turning around the lowest-achieving schools. Establishes the
Academic Content Standards Commission to develop academic
content standards in language arts and mathematics and present
recommended academic content standards to the SBE by July 15,
2010 and requires the SBE to adopt or reject the recommended
standards by August 2, 2010. Requires the SPI and the SBE to
present to the Governor and to the appropriate policy and fiscal
committees of the Legislature a schedule and implementation plan
for integrating the revised adopted academic content standards
into the state educational system.
AB 2722 (Canciamilla), Chapter 887, Statutes of 2006, prohibits
the SBE from adopting basic instructional materials in language
arts and mathematics for the same grade level in consecutive
years.
REGISTERED SUPPORT / OPPOSITION :
Support
State Superintendent of Public Instruction (Sponsor)
Association of American Publishers
Institute for Curriculum Services
Sikh Council of Central California
Sikh Temple Sacramento
Individuals
Opposition
Association of California School Administrators
California Association of Suburban School Districts
Los Angeles Unified School District
Analysis Prepared by : Marisol Avi?a / ED. / (916) 319-2087