BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1246
                                                                  Page  1

          Date of Hearing:   January 19, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  AB 1246 (Brownley) - As Amended: January 4, 2012 

          Policy Committee:                              Education 
          Vote:6-4

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

           SUMMARY  

          This bill makes the following revisions to the K-12 
          instructional materials (IM) adoption process: 

          1)Requires the Superintendent of Public Instruction (SPI), and 
            authorizes school districts, to submit K-8 IM for review to 
            the State Board of Education (SBE) every eight years.  Further 
            requires the SBE to adopt or reject submissions within six 
            months, as specified.     

          2)Requires the State Department of Education (SDE) to assess a 
            fee on a publisher or manufacturer submitting IM for review by 
            the SPI after the specified timeframe.  

          3)Requires the process for reviewing IM to involve review 
            committees, which shall include content experts and classroom 
            teachers, as specified.  Authorizes IM to include print, 
            digital, and open-source materials. 

          4)Requires the SPI and school districts, when recommending IM, 
            to include reports of findings that include information 
            regarding alignment of academic content standards, program 
            organization, pupil assessments, and support for English 
            learners and pupils with disabilities.  

          5)Requires the governing board of a school district who 
            recommends IM to the SBE to ensure that a majority of a review 
            committee is composed of classroom teachers, as specified.  

          6)Requires the Instructional Quality Commission (IQC) to do the 
            following: (a) review reports of findings submitted by the SPI 








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            or a school district and IM, as necessary; (b) hear appeals at 
            the request of the SBE; and (c) give independent advice to the 
            SBE about whether IM meet the evaluation criteria, as 
            specified.  

           FISCAL EFFECT  

          On-going GF administrative costs to the SDE, likely between 
          $150,000 and $250,000, to review IM submitted by the SPI and 
          school districts and to conduct an appeal process.  Actual costs 
          will depend on the number of IM submitted and the number of 
          appeals.    

          Due to the enactment of AB 2 X4 (Evans), Chapter 2, Statutes of 
          2009, the governor vetoed $705,000 (GF) from the 2009-10 Budget 
          Act for the Curriculum Development and Supplemental Materials 
          Commission (CDSMC), now the IQC, 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."  As a result, if this bill was enacted, a portion or all 
          of this funding would need to be restored.  

           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. 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 








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            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."  


            According to the author, "In light of the existing suspension 
            of the IM adoption process, it may be timely to review and 
            revise the state adoption process.  This bill makes structural 
            changes to the instructional materials adoption process to 
            streamline the process and give school districts the 
            opportunity to participate in the review of instructional 
            materials."




           2)The IQC  , formerly known as the CDSMC, 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 each submitted IM after content panel 
            members develop their evaluation report and before SBE holds a 
            hearing to adopt the materials. 

            This bill proposes to limit the IQC in their participation in 
            the IM review process.  Currently, the IQC reviews all 
            submitted IM and makes recommendations to the SBE.  Under this 
            bill, the IQC would only review materials upon request by the 
            SBE.  
             
          3)AB 2 X4 (Evans), Chapter 2, Statutes of 2009  , specified that 
            LEAs are not required to purchase IM through the 2012-13 FY. 








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            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. SB 70 (Committee on 
            Budget and Fiscal Review), Chapter 7, Statutes of 2011, 
            extended this suspension until the 2014-15 FY.  This bill does 
            not require LEAs to purchase IM.  



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