BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2069
                                                                  Page  1

          Date of Hearing:   May 5, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 2069 (Carter) - As Amended:  April 27, 2010 

          Policy Committee:                              EducationVote:9-0

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

           SUMMARY  

          This bill, commencing with the 2013-14 school year, establishes  
          a timeline for the adoption of instructional materials (IM).   
          Specifically, this bill: 

          1)Requires IM adoptions to occur as follows: (a) history/social  
            science in 2013; (b) mathematics in 2014; (c) world languages  
            in 2015; (d) English language arts (ELA) in 2016; (e) health  
            in 2017; (f) science in 2017; and (f) visual and performing  
            arts in 2018. 

          2)Requires the State Board of Education (SBE) to adopt revised  
            curriculum and evaluation criteria for history/social science  
            IM no later than July 1, 2011.  

           FISCAL EFFECT  

          1)GF administrative costs, likely between $700,000 and $1.5  
            million, to the State Department of Education (SDE) to adopt  
            IM according to the timeline established in this bill.  

            Due to the enactment of AB 2 X4 (Evans), Chapter 2, Statutes  
            of 2009 (see below), the governor vetoed $705,000 (GF) for the  
            Curriculum Development and Supplemental Materials Commission  
            (CDSMC), which conducts the majority of the work associated  
            with IM adoptions.  Specifically, the governor stated, "it is  
            unnecessary for the CDSMC to continue to advise the SBE on  
            content frameworks and IM adoptions for the next five years or  
            until an agreed-upon process is reestablished. This reduction  
            removes funding for unnecessary commission per diem and travel  
            as well as funding for SDE staff."  









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          2)Potential GF/98 cost pressure, likely in the tens of millions,  
            to provide local education agencies (LEAs) with funding under  
            the Instructional Materials Funding and Realignment Program  
            (IMFRP).  

          AB 2 X4 (Evans), Chapter 2, Statutes of 2009, authorized LEAs to  
            utilize IMFRP funding for any education purpose it deems fit.   
            This authorization coupled with the suspension of the  
            requirement to purchase IM (see below) has lead LEAs to  
            redirect IM funding for other purposes.  Also, many LEAs argue  
            current IMFRP funding levels do not fully cover the cost of  
            purchasing IM.  With the enactment of Chapter 2, it is  
            possible that LEAs will need increased IMFRP funding in the  
            2013-14 fiscal year to mitigate the redirection of IM funding  
            during the budget flexibility period.  The governor's January  
            proposed budget provides $332.5 million for IMFRP, including a  
            19.81% reduction.      

           COMMENTS  

           1)Background  .  Prior to the enactment of AB 2 X4 (Evans),  
            Chapter 2, Statutes of 2009 in July 2009 (see below), statute  
            required the SBE to adopt basic IM in the core academic  
            content areas (ELA, mathematics, history/social science, and  
            science) every six years for use in grades K-8. It also  
            established a schedule for the adoption of IM in other  
            subjects.  Statute also required the SBE to adopt statewide  
            academically rigorous content standards in the core curriculum  
            areas. 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. The  
            development of curriculum frameworks is a multi-year process.   
            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.    

            AB 2 X4 (Evans), Chapter 2, Statutes of 2009, specified that  
            LEAs are not required to purchase IM through the 2012-13  
            fiscal year.  Consistent with the non-purchasing requirement,  
            Chapter 2 also suspended the requirement for SBE to adopt IM  
            or conduct other procedures associated with adoption (i.e.,  
            adopting curriculum frameworks) until the 2013-14 school year.  
             









                                                                  AB 2069
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           2)Purpose  .  The Legislature and the governor agreed to a  
            moratorium on the purchase and adoption of IM due to the  
            state's severe fiscal crisis.  Many, however, argue that not  
            updating IM is a disservice to education.  For example,  
            various Sikh organizations do not feel the current state  
            history/social science textbooks portray their culture fairly  
            and worked with the SBE to revise the curriculum framework.   
            AB 2 X4 prevented the revised history/social science framework  
            from being adopted.  

            SB 1 X5 (Steinberg), Chapter 2, Statues of 2009-10 Fifth  
            Extraordinary Session, implemented various provisions to make  
            the state eligible for a federal Race To The Top grant,  
            including the adoption of common core standards in ELA and  
            mathematics.  The adoption of these standards is required to  
            occur prior to August 2, 2010.  If the state adopts common  
            core standards, curriculum frameworks need to be revised for  
            the adoption of new IM in ELA and mathematics.  SB 1 X5 is  
            silent on a timeline for the adoption of revised IM.  

            Prior to the enactment of AB 2 X4, the next history/social  
            science curriculum framework was scheduled for adoption in May  
            2010, with IM for this subject to be adopted in 2011.   
            However, this timeline is no longer relevant and the next  
            adoption of this framework has not been determined.  

            This bill, commencing with the 2013-14 school year,  
            establishes a timeline for the adoption of IM, including  
            allowing the history/social science curriculum framework to be  
            adopted by July 1, 2011.  The exception for history/social  
            science allows textbook publishers to meet the 2013 date for  
            adoption of subject matter IM.  This measure, sponsored by the  
            Superintendent of Public Instruction, also honors the  
            legislative intent to not require LEAs to purchase IM prior to  
            the 2013-14 fiscal year.   

           3)Should the IM adoption process be revised  ?  Many individuals  
            argue that California's current adoption process for IM does  
            not provide enough options to school districts, particularly  
            for English language learner pupils and pupils with  
            disabilities. In recent years, several legislators have argued  
            that the SBE's policies and decisions about the adoption and  
            purchase of IM have hindered local districts' ability to  
            select the best materials for their students. 









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            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 continues 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 establishes a timeline for the adoption of IM.  It  
            does not revise the current adoption process.  The committee  
            may wish to consider whether or not it is appropriate to  
            continue adopting IM in the same manner it has for the last  
            decade.  Or is there an opportunity for the state to revise  
            this process to make it more effective and efficient?  



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