BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 250|
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THIRD READING
Bill No: AB 250
Author: Brownley (D), et al.
Amended: 8/30/11 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 8-2, 7/6/11
AYES: Lowenthal, Alquist, Blakeslee, Hancock, Liu, Price,
Simitian, Vargas
NOES: Runner, Huff
NO VOTE RECORDED: Vacancy
SENATE APPROPRIATIONS COMMITTEE : 6-3, 8/25/11
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NOES: Walters, Emmerson, Runner
ASSEMBLY FLOOR : 52-24, 6/1/11 - See last page for vote
SUBJECT : Instructional materials: pupil assessment
SOURCE : Author
DIGEST : This bill establishes a process for the full
implementation of the common core academic content
standards through the development of curricular frameworks,
instructional materials, and professional development
aligned with the common core standards. This bill provides
that the Department of Education shall use federal
carryover funds received pursuant to Title I of the federal
No Child Left Behind Act (Act) of 2001 (20 U.S.C. Sec.
6301 et seq.), and any other available state and federal
CONTINUED
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funds, to implement this Act.
ANALYSIS : The State Board of Education (SBE) adopted
common core academic content standards in English language
arts and mathematics on August 2, 2010. The most recently
adopted curricular frameworks and instructional materials
are not fully aligned with the common core standards and
the process to update curricular frameworks and adopt
instructional materials has been suspended since July 2009
and is suspended until the 2015-16 school year.
The process to review and update frameworks includes the
initial drafting of the framework, review by a subject
matter committee, public review, revision of the draft,
presentation to the SBE, and a public hearing of, and
approval by, the SBE. This process typically takes 24
months.
Once the framework for a particular subject is adopted by
the SBE, the instructional material adoption process
begins, which includes submissions from publishers, review
by the Instructional Materials Advisory Reviewer and
Content Review Expert (both are appointed by the SBE),
Curriculum Commission hearings and SBE adoption. The
adoption process typically takes 30 months.
Article IX, Section 7.5 of the California Constitution
states "The State Board of Education shall adopt textbooks
for use in grades one through eight throughout the State,
to be furnished without cost as provided by statute."
Existing law requires school districts to adopt
instructional materials for use in their high schools.
Only instructional materials of those publishers who comply
with specified requirements (basic academic and social
content reviews, and requirements for publishers) may be
locally adopted
The state's existing professional development programs,
specifically the Mathematics and Reading Professional
Development Program and the Administrator Training Program,
are outdated and not aligned to the common core standards.
This bill establishes a process for the full implementation
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of the common core academic content standards through the
development of curricular frameworks, instructional
materials, and professional development aligned with the
common core standards. Specifically, this bill:
Frameworks
1. Requires the SBE to adopt revised curriculum frameworks
that are aligned to California's common core academic
content standards for mathematics by May 30, 2013, and
for English language arts by May 30, 2014.
2. Requires SBE policies to ensure that the English
language arts frameworks for K-12 and instructional
materials for K-8 include the English language
development standards and strategies in math, science
and history-social science. This bill imposes the same
requirement as it applies to pupils with disabilities
but encompasses all subject areas.
3. Requires each frameworks to describe, to the extent the
SBE deems appropriate, the manner in which content can
be delivered to intentionally build specific skills into
and across each content area, including creativity and
innovation, critical thinking and problem solving,
communication, collaboration, and the integration of
content from one subject to another.
Evaluation Criteria
1. Requires the SBE to adopt criteria for the evaluation of
instructional materials aligned to California's common
core academic content standards in mathematics by May
30, 2013, and in English language arts by May 30, 2014.
2. Requires the criteria for the review of English language
arts instructional materials to include directions to
publishers to align both lessons and teacher's editions
with English language development standards and
incorporate strategies to address, at every grade level,
the needs of all English learners. The review criteria
for all other subject areas is to include directions to
publishers to incorporate strategies for English
learners that are consistent with the English language
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development standards.
3. The review criteria for all subjects must also include
directions to publishers to incorporate instructional
strategies to address the needs of pupils with
disabilities in both sessions and teacher's editions at
every grade level.
Instructional Materials
1. Requires SBE to adopt procedures for the review of
instructional materials submitted by the SPI and school
districts.
2. Requires the SPI, and authorizes school districts, to
submit K-8 instructional materials to the SBE for
review. The currently-suspended process provided that
the Curriculum Commission reviews instructional
materials submitted to the state by publishers, for
recommendation to the SBE for adoption. This bill
removes that function from the Curriculum Commission
(renamed in this bill as the Instructional Quality
Advisory Committee) and instead requires the SPI and
authorizes school districts to review instructional
materials for recommendation to the SBE for adoption.
3. Requires the California Department of Education (CDE) to
assess a fee on a publisher that submits instructional
materials to the SPI after the submission timeframe
established by the SBE, and prohibits the amount of the
fee from exceeding the reasonable costs to the CDE to
conduct the review.
4. Authorizes school districts to submit to the SBE
instructional materials that are developed by the
district or by publishers or manufacturers.
5. Authorizes publishers or manufacturers to submit
instructional materials to school districts or the SPI.
6. Requires the process used by the SBE to review
instructional materials to involve review committees
that include, but are not limited to, volunteer content
experts and instructional materials reviewers and must
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include a majority of classroom teachers from a wide
variety of affected grade levels and subject areas.
7. Requires the rules and procedures used by the SBE for
adoption of instructional materials to be transparent
and consistently applicable regardless of format of the
instructional materials, including but not limited to,
print, digital, and open source materials.
8. Requires instructional materials submitted by the SPI or
school districts to the SBE for consideration of
adoption to:
A. Meet existing evaluation criteria (such as
meeting the academic content standards and undergo
an academic and social content review) or any other
criteria established by the SBE necessary to meet
its constitutional obligation to adopt textbooks
for use in grades 1-8.
B. Include reports of findings that include
information such as alignment of standards
(standards maps), pupil assessments and support for
teachers, English learners and pupils with
disabilities.
C. For school districts that recommend materials to
the SBE, ensure that a majority of an instructional
materials review committee be comprised of
classroom teachers who are assigned to teach the
grade in which the instructional materials are to
be used.
9. Requires the CDE to provide to school districts and post
on its Internet Web site the list of adopted materials,
as well as the standards maps, assessment and supports
for teachers, English learners and pupils with
disabilities.
10.Repeals the existing (currently-suspended) schedule for
the adoption of instructional materials in specific
subject areas.
11.Changes the adoption cycle from every six years for core
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subjects and eight years for other subject areas, to
every eight years for all subject areas.
Instructional Quality Advisory Committee
1. Changes the name of the Curriculum Commission to the
Instructional Quality Advisory Committee (advisory
committee), as the body that is currently required to:
A. Recommend curriculum frameworks to the SBE.
B. Develop criteria for the review of instructional
materials submitted to adoption.
C. Recommend to the SBE policies and activities to
assist in the use of the frameworks and model
curriculum.
2. Removes from this body the statutory responsibility for
reviewing instructional materials and making
recommendations for adoption to the SBE, and instead
requires the SPI, and authorizes school districts, to
review instructional materials and recommend materials
to the SBE for adoption. However, the advisory
committee may make recommendations to the SBE upon
request, as follows:
A. Review reports of finding (standards maps,
supports for teachers and pupils) submitted by the
SPI or school districts.
B. Review instructional materials.
C. Hear appeals.
D. Give independent advice to the SBE about whether
the materials meet the evaluation criteria.
3. Requires the advisory committee to advise and make
recommendations to the SBE including but not limited to,
what policies and activities are needed to implement
California's common core standards and bring the state's
curricular frameworks, instructional materials,
professional development, pupil assessments, and
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academic accountability systems into alignment with the
common core standards.
Professional Development
1. Requires the SPI, in consultation with teachers,
district and county office of education curriculum
administrators, professional development training
experts and representatives from institutions of higher
education or other educational agencies and
organizations as deemed appropriate by the SPI, to
develop a system of professional development for
teachers and administrators that includes but is not
limited to, all of the following:
A. Model professional development modules for
teachers, principals and other school leaders.
B. Criteria to guide the development of the
modules. The criteria must be based on the
California Standards for the Teaching Profession,
and in consideration of the National Development
Council Standards for professional development.
C. The use of assessments and data to support
teaching and learning.
D. The modules are to deepen the understanding of
all of the following:
(1) The common core academic content
standards.
(2) Frameworks.
(3) English language development standards.
(4) Instructional strategies to support all
pupils, including English learners, pupils
with disabilities and underperforming pupils.
(5) Instructional strategies that promote
creativity, innovation, critical thinking,
problem solving, collaboration, and
communication skills in all academic content
areas.
(6) The use of instructional technology.
(7) The integration of subject content
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knowledge.
(8) Instructional leadership and coaching.
(9) Professional development opportunities
for teachers, principals and school leaders.
E. Modules, available through multiple delivery
methods, including school-based and web-based
delivery.
2. Specifies that consultation with teachers includes but
is not limited to credentialed employees selected from a
wide variety of affected grade levels and subject areas
and geographical areas.
Standardized Testing and Reporting (STAR) Program
1. Extends the sunset date on the STAR program by one year
to July 1, 2014 (through the 2013-14 school year).
2. Requires the SPI to develop recommendations for the
reauthorization of the state's assessment system,
specifically considering numerous elements such as
alignment with the common core standards, measuring
pupil growth over time, multiple measures of pupil
achievement, and diagnostic assessment for pupils in
grade 2. This bill requires the SPI to submit this
report to the Legislature by November 1, 2012.
3. Requires the SPI, in developing the recommendations for
a reauthorized assessment system, to consult with all of
the following:
A. The SBE.
B. The Academic Performance Index advisory committee.
C. Measurement experts from California's public and
private universities.
D. Experts in assessing pupils with disabilities and
English learners.
E. Teachers, administrators, and governing board
members.
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F. Parents.
4. Adds the following definitions:
A. Formative assessment.
B. High-quality assessment.
C. Interim assessment.
Miscellaneous
1. Funding : This bill provides that the Department of
Education shall use federal carryover funds received
pursuant to Title I of the federal Act of 2001 (20
U.S.C. Sec. 6301 et seq.), and any other available state
and federal funds, to implement this Act.
2. This bill makes several findings and declarations, and
states that it is the intent of the legislature that
curriculum instruction and an assessment system be
developed to implement the common core standards that
focuses on integrating 21st Century skills, and promotes
higher order thinking skills and interdisciplinary
approaches, among other things.
Comments
Frameworks and evaluation criteria . The existing process
to review and update the curriculum framework in one
subject area typically takes 24 months. This bill requires
the SBE to adopt frameworks, and criteria for the
evaluation of instructional materials, aligned to the
common core standards in mathematics by May 30, 2013 and in
English language arts by May 30, 2014. The existing
process used to review and adopt instructional materials in
one subject typically takes 30 months.
New roles for the review and recommendation of
instructional materials . This bill removes the Curriculum
Commission from having a role in the process to review and
recommend instructional materials for adoption by the SBE.
Instead, this bill requires the SPI and authorizes school
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districts to review instructional materials and submit
recommendations to the SBE for adoption. This bill
otherwise keeps the Curriculum Commission intact, with a
new name, with responsibility for reviewing and revising
frameworks and evaluation criteria. Removing a state-level
body from the instructional materials adoption process
could simplify and streamline this process, and allows
districts to have a larger role in selecting instructional
materials for use in their schools.
This reduction in function of the Curriculum Commission
arguably diminishes the role of the SBE, as the SBE
appoints members to the Commission. This bill does
authorize the newly named Instructional Quality Advisory
Committee to review standards map, instructional materials
and hear appeals, but only upon request of the SBE. It
appears appropriate to allow the SBE to determine if and
when it is necessary for further state-level review of
materials rather than require a potentially duplicative
activity.
Locally reviewed instructional materials . The SBE is
required to adopt instructional materials for grades K-8,
and does so based on recommendations of the Curriculum
Commission's review of materials. School districts
currently review and adopt instructional materials for
grades 9-12 but do not have the authority to adopt their
own choice of materials for K-8. This bill increases
districts participation in the selection of instructional
materials by expanding the authority of school districts to
review instructional materials to all grades and allows
districts to recommend to the SBE those materials for
adoption. The responsibility to adopt instructional
materials for use in K-8 schools is retained by the SBE
which balances increased local control with state
oversight.
Efforts already underway . The CDE recently released to
publishers an invitation to publishers of state-adopted
programs in mathematics and language arts to submit
supplemental instructional materials that bridge the gap
between the publishers' existing materials and the common
core standards. According to this invitation, teachers and
content experts recruited by the SPI will review the
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supplemental materials according to evaluation criteria
developed by the CDE. The CDE also stated it will post on
its Internet Web site a list of the instructional materials
that are found to meet the criteria to provide resources
that can help school districts transition to the common
core standards.
Timeline for adoptions . This bill does not provide
timelines for the submission of instructional materials by
publishers to the SPI or districts, when the SPI and
districts must provide recommendations to the SBE, or a
date by which the SBE is to adopt instructional materials.
The author intends to allow for "rolling adoptions"
whereby the SBE may accept recommendations for the adoption
of instructional materials, presumably in various subject
areas, at any time or within a timeframe if the SBE chooses
to establish parameters on the adoption process.
Other subjects . This bill deletes the current statutory
schedule for the adoption of materials in various subject
areas, and does not specifically address frameworks or
instructional materials in subjects other than English
language arts and mathematics. This bill addresses the
immediate need for instructional materials and professional
development aligned with the common core which current
includes only English language arts and mathematics. The
development of common core standards in other subject areas
appears eminent; this bill positions the state to implement
those standards as well.
Professional development . California's common core
standards are generally similar to the state's prior
standards in mathematics and English language arts yet some
significant variations exist. For example, the common core
standards in English language arts have a greater focus on
text complexity, address reading and writing across subject
areas, and focus on writing arguments and drawing evidence
from sources. The common core standards in mathematics
include two options for eighth grade (8th grade math and
Algebra I) and shift grade level for some skills.
The CDE's Internet Web site includes a compilation of
subject-matter curriculum, including information about the
common core standards, organized by individual grade levels
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(grades K-5). The CDE's Internet Web site also includes a
link to a grade level curriculum webinar series. However,
professional development that is aligned to the common core
is not currently uniformly available on a statewide basis,
nor does the state make available to schools model
professional development programs or components. In the
past, the state has developed professional development
training modules (in mathematics and reading, as well as
training for school administrators) that was used by county
offices of education, school districts and other groups to
provide training on specific elements of the academic
content standards. This bill requires the SPI to develop
similar professional development opportunities that are
aligned to the common core standards. The goal is to
design professional development that is based on the
standards, not tied to specific instructional materials.
This bill does not provide a timeline by which the SPI is
to develop a system of professional development.
STAR program . The STAR Program requires pupils to be
tested in English language arts, mathematics, science and
history-social science at specific grade levels. The STAR
Program includes the California Standards Tests, the
California Alternate Performance Assessment and the
California Modified Assessment administered to certain
pupils with disabilities, and a national test in Spanish
that is administered to Spanish speaking English learners
who have been in school in the U.S. less than 12 months or
who are receiving instruction in Spanish.
This bill extends the operative date of the state's
assessment system by one year (through the 2013-14 school
year) to provide policymakers with the opportunity to
examine national initiatives to develop common core
assessments, and give the state flexibility to react to any
changes that may result from the eventual reauthorization
of the federal Elementary and Secondary Education Act. In
June 2011, California became a governing member of the
SMARTER Balanced consortium of states working to develop
high-quality assessments based on the common core, which
commits the state to participate in the piloting of new
assessments as early as the 2014-15 school year. The
extension of the STAR program provides the opportunity for
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the Legislature to consider all assessment options before
reinvesting in a statewide assessment system.
This bill requires the SPI to submit a report including
recommendations for the reauthorization of a statewide
pupil assessment system to the Legislature by November 1,
2012. This bill extends the statewide assessment system
until July 1, 2014, to allow time for the development of
national common core assessments and the potential
reauthorization of related federal law. The November 2012
deadline may not provide sufficient time for the SPI to
develop useful recommendations on a new assessment system.
The intent was to have recommendations prepared for
legislation in 2013, in anticipation of the 2014 sunset on
the STAR program. It is staff's understanding that the
author intends to revisit this issue considering that
California recently became a governing state in one of the
consortia developing new common core assessments. One
option may be for the SPI to provide the Legislature with
information about the work on these consortia in the
development of new assessments.
Related Legislation
SB 140 (Lowenthal), 2011-12 Session, establishes a
temporary streamlined process for the state-level approval
of supplemental instructional materials that are aligned
with the common core academic content standards, and
expands the authority of local school boards to approve
these supplemental materials to include K-8 schools. (On
Assembly Third Reading File)
AB 124 (Fuentes), 2011-12 Session, establishes the English
Language Development (ELD) Standards Advisory Committee for
the purpose of aligning the ELD standards to the common
core standards in English language arts. (On Senate Third
Reading File)
SB 740 (Hancock), 2011-12 Session, among other things,
eliminates the requirement that pupils in the second grade
be assessed pursuant to the Standardized Testing and
Reporting (STAR) Program. (Held under submission in
Assembly Appropriations Committee)
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SB 402 (Correa), 2011-12 Session, requires each curriculum
framework to describe how content can be delivered to
intentionally build specific skills into and across each
content area. (On Assembly Third Reading File)
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/30/11)
21st Century Coalition for California
Alameda County Superintendent of Schools
Association of American Publishers
Bay Area Council
Business for Science, Math and Related Technology Education
California Association for Bilingual Education
California Council for the Social Studies
California School Boards Association
California State PTA
Californians Together
Educating for Democracy: California Campaign for the Civic
Mission of Schools
El Segundo Unified School District
Lennox School District
Los Angeles Area Chamber of Commerce
netTrekker
North Orange County Community College District
Parents for Great Education
San Bernardino County District Advocates for Better Schools
San Francisco Unified School District
Santa Clara County Office of Education
State Superintendent of Public Instruction
ARGUMENTS IN SUPPORT : According to the author, "The
common core state standards establish clear goals for
learning that will prepare pupils for success in college
and careers. The adoption of the common core state
standards will only have an impact on the achievement of
California's pupils if the state starts a process to bring
the curriculum, instruction and assessment system into
alignment with the common core state standards."
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ASSEMBLY FLOOR : 52-24, 6/1/11
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Davis, Dickinson, Eng, Feuer, Fletcher, Fong,
Fuentes, Furutani, Galgiani, Gatto, Gordon, Hall,
Hayashi, Roger Hern�ndez, Hill, Huber, Hueso, Huffman,
Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning,
Pan, Perea, Portantino, Skinner, Solorio, Swanson,
Torres, Wieckowski, Williams, Yamada, John A. P�rez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Beth Gaines, Grove, Hagman, Halderman, Harkey, Jones,
Knight, Logue, Mansoor, Miller, Morrell, Nestande,
Nielsen, Norby, Olsen, Silva, Smyth, Valadao, Wagner
NO VOTE RECORDED: Garrick, Gorell, Jeffries, V. Manuel
P�rez
CPM:do 8/30/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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