BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1246
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1246 (Brownley)
          As Amended  August 24, 2012
          Majority vote
           
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          |ASSEMBLY:  |50-27|(January 30,    |SENATE: |23-11|(August 29,    |
          |           |     |2012)           |        |     |2012)          |
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           Original Committee Reference:    ED.  

           SUMMARY  :  Makes revisions to the process for adopting 
          instructional materials for kindergarten and grades 1-8, 
          inclusive (K-8) and authorizes the State Board of Education 
          (SBE) to adopt instructional materials aligned to the 
          mathematics common core academic content standards by March 30, 
          2014.  

           The Senate amendments  : 

          1)Delete the authority for school districts and the requirement 
            for the Superintendent of Public Instruction (SPI) to 
            recommend to the SBE instructional materials for review and 
            adoption, and instead retain the authority for the 
            Instructional Quality Commission (IQC) to make such 
            recommendations.  

          2)Authorize the SBE to adopt instructional materials for K-8 
            aligned to the math common core academic content standards by 
            March 30, 2014; delay the adoption of the common core math 
            framework to November 30, 2013; and authorize the math 
            evaluation criteria to be adopted by March 31, 2013.

          3)Authorize the California Department of Education (CDE) to 
            assess a fee on publishers for purposes of reviewing 
            instructional materials aligned to the math common core 
            standards and authorize the SBE to reduce the fee for small 
            publishers, upon request. 

          4)Require the fee to be in an amount that does not exceed the 
            reasonable costs to the CDE in conducting the review and 
            authorize the use of the funds to be used for substitute costs 
            and stipends for content review experts.  









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          5)Authorize school districts to use instructional materials in 
            K-8 that are not on the state-adopted list, as long as the 
            materials are aligned to the content standards and districts 
            involve a majority of teachers in the review of materials.  

          6)Provide that for purposes of transition to common core state 
            standards-aligned instructional materials, the existing 
            sufficiency requirement may be met by having materials aligned 
            to either the 1997 standards or the common core state 
            standards and state that that a combination of the basic 
            instructional materials and supplemental materials meet the 
            sufficiency requirements. 

          7)Shorten an existing requirement that evaluation criteria be 
            approved at least 30 months prior to the adoption of 
            instructional materials to 12 months.

          8)Repeal the provisions of the Instructional Materials Funding 
            Realignment Program.

          9)Make the provisions of this bill contingent on the enactment 
            of AB 1719 (Fuentes) of the 2011-12 Regular Session. 

           AS PASSED BY THE ASSEMBLY  , this bill:   

          1)Authorized school districts and required the SPI, instead of 
            the IQC, to recommend to the SBE instructional materials for 
            review and adoption, as specified.

          2)Deleted the requirement that the IQC review and recommend 
            instructional materials for adoption, and instead, authorized 
            the IQC to review instructional materials reports of findings, 
            hear appeals, and give independent advice to the SBE on 
            instructional materials, only at the request of the SBE. 

           FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee, significant state costs for the instructional 
          materials reviews which will be fully recovered by publishers' 
          fees.  Substantial cost pressure for local educational agencies 
          (LEAs) to purchase new instructional materials.

           COMMENTS  :  With the adoption of the common core academic content 
          standards, the state faces the challenge of ensuring all 
          students have access to these recently adopted standards.  AB 
          250 (Brownley), Chapter 608, Statutes of 2011, started a 








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          comprehensive process for implementing the common core 
          standards, through the development of curriculum frameworks and 
          model professional development modules.  A prior version of AB 
          250 also sought to improve the instructional materials adoption 
          process, however those provisions were amended out of AB 250 in 
          the Senate, at the request of the Administration for further 
          deliberation.  This bill reflects language that is the result of 
          those deliberations.

          This bill authorizes the adoption of instructional materials 
          aligned to the math common core standards, gives school 
          districts flexibility in the use of instructional materials, and 
          makes a number of revisions to the process of adopting 
          instructional materials in an effort to streamline the process.  


          The process for the review, recommendation and adoption of 
          instructional materials has been suspended since July 2009, and 
          is statutorily suspended until the 2015-16 school year.  In 
          addition to AB 250, a second measure was enacted to help 
          districts with the transition to common core, SB 140 (Alan 
          Lowenthal), Chapter 623, Statutes of 2011.  Notwithstanding the 
          suspension, SB 140 required the California Department of 
          Education (CDE), on a one-time basis, to develop a list of K-8 
          supplemental instruction materials that are aligned with 
          California's common core academic content standards in language 
          arts for K-8 and in mathematics for grades K-7.  SB 140, 
          however, did not include supplemental materials for grade 8 
          math.  In light of this gap in the availability of supplemental 
          materials, this bill proposes an adoption of math materials for 
          all grade levels.  According to the CDE, a single grade adoption 
          requires significant effort and resources and therefore to 
          maximize the use of such resources, a full adoption appears to 
          be practical.  This bill, however, only restarts the process for 
          common core math instructional materials, and proposes to fund 
          the adoption through publisher fees.  


          The K-8 instructional materials adoption process has been 
          criticized in the past for being overly complex and not giving 
          school districts enough flexibility and options.  This bill 
          authorizes school districts to use instructional materials that 
          are aligned to the common core content standards even if they 
          are not adopted by the SBE.  The intent of this provision is to 
          provide for a process that is similar to the process used in the 








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          adoption of high school instructional materials, whereby local 
          school districts review and select their own materials.  This 
          bill maintains the authority for the SBE to approve or reject 
          instructional materials but gives districts the authority to use 
          materials other than those adopted by the SBE.  

          In an environment of common standards, opportunities for a 
          national market of instructional materials may be created.  This 
          bill gives school districts the authority to take advantage of 
          those opportunities, but does not mandate school districts to 
          purchase such materials.  In fact, this bill repeals existing 
          provisions that require districts to purchase materials within 
          24 months of the adoption of those materials.  

          School districts will need to have as many tools as possible 
          available to them for their pupils to access the common core 
          state standards, particularly given the approaching sunset and 
          possible reauthorization of the state's assessment system.  This 
          bill seeks to continue the work of implementing the common core 
          standards by making instructional materials available to access 
          those standards. 


           Analysis Prepared by  :    Marisol Avi�a / ED. / (916) 319-2087 


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