BILL ANALYSIS �
AB 1719
Page 1
Date of Hearing: March 21, 2012
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 1719 (Fuentes) - As Introduced: February 16, 2012
SUBJECT : Supplemental instructional materials: English
language development
SUMMARY : Establishes a process for the review and approval of
supplemental instructional materials that are aligned to the
common core state standards and the revised English language
development (ELD) standards for English learner pupils.
Specifically, this bill :
1)Makes findings and declarations stating that the adoption of
the common core state standards and the English language
development (ELD) standards, coupled with the fact that there
are currently 1.4 million English learners (ELs) in
California, makes it critical to ensure the availability of
supplemental instructional materials for ELs.
2)Requires the California Department of Education (CDE) to
recommend, and the State Board of Education (SBE) to approve,
evaluation criteria to guide the development and review of
supplemental instructional materials for English learners.
3)Requires the CDE to develop a list by January 1, 2014, of
supplemental instructional materials for use in kindergarten
and grades 1-8, inclusive, that are aligned with the
California common core academic content standards for English
language arts (ELA) and the ELD standards.
4)Requires CDE to recommend and the SBE to approve content
review experts to review, in an open and transparent process,
supplemental instructional materials submitted for approval.
Specifies that the majority of content review experts shall be
teachers who are credentialed in ELA, possess the appropriate
state EL authorization, and have five years of classroom
experience instructing ELs, and shall include persons from
postsecondary institutions and school and district curriculum
administrators possessing EL expertise, and others who are
knowledgeable in ELA and ELD.
5)Stipulates that the content review experts shall serve without
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compensation.
6)Requires, on or before June 30, 2014, the SBE to approve or
reject, all, or a portion, of the list of supplemental
instructional materials proposed by CDE.
7)Provides, that if the SBE rejects all, or a portion, of the
list of supplemental instructional materials, or adds an item
to the list, the SBE, in a public meeting held pursuant to the
Bagley-Keene Open Meeting Act, shall provide written reasons
for the removal or addition of an item on the list. Prohibits
the SBE from approving a supplemental instructional material
it adds to the list at the same time it provides its written
reason for adding the material; and instead, requires the SBE
to approve the added material at a subsequent public meeting.
8)Authorizes the governing boards of school districts to approve
supplemental instructional materials other than those approved
by the SBE if the governing board performs specified reviews
and determines that other supplemental instructional materials
are aligned with the California common core academic content
standards and meet the needs of the pupils of the district.
Specifies that the governing board of a school district may
only approve supplemental instructional materials that comply
with all of the specified requirements.
9)Stipulates that supplemental instructional materials approved
by a governing board of a school district shall be reviewed by
content review experts chosen by the governing board and the
content experts shall meet the same criteria as those selected
at the state level and shall also serve without compensation.
10)Specifies that publishers choosing to submit supplemental
instructional materials for approval by the SBE shall submit
standards maps.
11)Requires the SBE and school districts to review the
supplemental instructional materials for academic content,
social content, and instructional support to teachers and
pupils. Requires the supplemental materials to meet required
program criteria for grade-level programs, include materials
for use by teachers, and comply with the social content review
requirements pursuant to existing law.
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12)Requires CDE to maintain on its Internet Web site the list of
supplemental instructional materials approved by the SBE.
13)Makes the provisions of this bill inoperative on July 1,
2014, and, repeals them as of July 1, 2015, unless a later
enacted statute deletes or extends these dates.
EXISTING LAW :
1)Requires the SBE to adopt basic instructional materials for
use in K-8 and requires the SBE 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, except
that for materials aligned to the common core, the 30 month
requirement does not apply.
2)Prohibits the SBE from adopting instructional materials or
follow the procedures for the adoption of instructional
materials until the 2015-16 school year.
3)Requires the CDE to recommend, and the SBE to approve,
evaluation criteria to guide the development and review of
supplemental instructional materials for English language arts
and mathematics to provide a bridge between the California
common core academic content standards and the
standards-aligned instructional materials currently being used
by local educational agencies.
4)Requires the SBE to approve or reject all, or a portion, of
the list of supplemental instructional materials proposed by
the CDE and authorizes the SBE to add an item to that list, as
specified.
5)Allows the governing board of a school district to approve
supplemental instructional materials other than those approved
by the SBE if the governing board performs specified reviews
and determines that other supplemental instructional materials
are aligned with the California common core academic content
standards and meet the needs of the pupils of the district.
6)Requires supplemental instructional materials approved by the
SBE and the governing board of a school district to be
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reviewed by content review experts, as specified.
FISCAL EFFECT : Unknown
COMMENTS : The SBE adopted the common core state standards in
language arts and mathematics on August 2, 2010, and last year
the Legislature approved and the Governor signed three measures
to start a process for transitioning into and implementing the
common core state standards. AB 250 (Brownley), Chapter 608,
Statutes of 2011 develops curriculum frameworks and professional
development modules aligned to the common core standards and
prepares the state's assessment system for reauthorization and
alignment with common core; AB 124 (Fuentes), Chapter 605,
Statutes of 2011 requires alignment of the ELD standards to the
common core ELA standards; and SB 140 (Lowenthal), Chapter 623,
Statutes of 2011 creates a process for the review and approval
of supplemental instructional materials to provide a transition
to the common core standards.
This bill creates a substantially similar process to that
established by SB 140 (Lowenthal) for purposes of reviewing and
approving supplemental instructional materials that are aligned
to the common core state standards and the revised ELD
standards. CDE is starting the process of aligning the ELD
standards with the common core ELA standards and it is expected
that the advisory committee will complete its work in the summer
of 2012 and the SBE is required to adopt the revised standards
by September 30, 2012, unless modifications need to be made.
Need for the bill : In the 2010-2011 school year, 1.4 million EL
pupils were enrolled in California public schools, representing
approximately 23% of the total pupil enrollment.
AB 2 X4 Chapter 2, Statutes of 2009-10, Fourth Extraordinary
Session, and SB 70 Chapter 7, Statutes of 2011, suspend the
requirement for the SBE to adopt instructional materials for use
in K-8 until the 2015-16 fiscal year, and relieves local
educational agencies (LEAs) from the requirement to purchase
newly adopted instructional materials within a specified
timeframe following adoption of those materials until the
2015-16 fiscal year. The process for adopting instructional
materials has been suspended for the next three years, however
given that the state has adopted new content standards in ELA
and math, and will soon be adopting new ELD standards, there
will be a need to provide teachers and school districts tools
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that will help their ELs in the transition to the common core.
Supplemental instructional materials : The development of a list
of supplemental instructional materials is a one-time activity
and a short-term, temporary solution to dealing with the budget
restrictions on instructional materials while still providing
districts with tools necessary for their ELs to access the
common core standards.
Supplemental instructional materials do not typically undergo a
state-level review process, except to ensure compliance with
social content requirements. The process envisioned by this
bill is to assist districts in identifying materials that meet
the recently-adopted common core standards and the revised ELD
standards.
While the aforementioned budget bills provided districts
flexibility in the use of various categorical programs,
including instructional materials funding, the flexibility is
limited when districts choose to purchase instructional
materials. The budget provisions require any instructional
materials purchased by a local educational agency (LEA) to be
SBE-adopted for grades K-8 and standards-aligned for grades
9-12. It is not certain that districts will be able to use
categorical funds currently in flexibility to purchase the
supplemental instructional materials that would be developed and
reviewed pursuant to this bill. Unrestricted general funds,
federal funds, and/or Proposition 20 lottery funds could be used
for supplemental materials. This bill does not require school
districts to purchase instructional materials but rather makes
those materials available to districts.
Suggested amendments : This bill, like SB 140 (Lowenthal),
Chapter 623, Statutes of 2011, requires the selection of content
review experts to review the supplemental instructional
materials in a public and open process, and requires the
majority of the content experts to be teachers who are
credentialed in English language arts, possess the appropriate
state EL authorization and have five years of classroom
experience instructing ELs. It is unclear as to whether
participation is limited to teachers that hold a single subject
credential in English or to teachers that hold a specialist
credential in reading language arts and it is unclear as to
whether teachers that hold multiple subject credentials without
holding a reading language specialist credential would be able
to participate. Considering that the materials that will be
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reviewed are for grades K-8, it may be prudent to ensure that
teachers that teach those grade levels and hold multiple subject
credentials, are not excluded from participating in these
reviews. For purposes of clarifying that both elementary and
secondary level teachers that teach English language arts would
be able to participate, staff recommends the following technical
amendment:
On page 4, line 4, after "be" insert, "elementary and secondary
level"
As currently drafted, this bill only allows governing boards of
school districts to approve ELD supplemental instructional
materials other than those approved by the SBE, however county
boards of education may also want to approve other supplemental
instructional materials. Staff recommends an amendment to also
authorize county boards of education to approve supplemental
instructional materials for ELs.
The author states, "With the state's transition to the Common
Core Standards in ELA, it is imperative the state not overlook
the importance of providing teachers who instruct ELL �English
language learner] pupils with the necessary tools to ensure
their pupils' achieve English proficiency via the revised ELD
Standards and academic proficiency in the Common Core Standards
in ELA."
Arguments in support : The Californians Together Coalition, one
of the co-sponsors of this bill, writes, "The creation of a
'bridge' of support to the California Common Core standards is a
common theme expressed across the state by educators when asked
what do they need to prepare themselves and their students to
the new common core standards. This is especially true of
educators instructing English learners. It is critical
therefore that the state provides tools during this important
transition phase, where instructional materials and frameworks
aligned to the common core standards has yet to happen."
Previous legislation : AB 124 (Fuentes), Chapter 605, Statutes
of 2011, establishes a process to update, revise, and align the
ELD standards to the common core state standards in ELA and
requires the Superintendent of Public Instruction (SPI) and the
SBE to present to the Governor and the appropriate policy and
fiscal committees of the Legislature a schedule and
implementation plan for integrating the revised ELD standards
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into the education system.
AB 250 (Brownley), Chapter 608, Statutes of 2011, establishes a
process for the implementation of the common core academic
content standards by developing and adopting curriculum
frameworks, instructional materials, and professional
development opportunities that are aligned to the common core
academic content standards and are appropriate for all pupils.
AB 250 also extends the operative date of the Standardized
Testing and Reporting program by one year, to July 2014 and
requires the SPI to develop recommendations and a plan for the
reauthorization of the state's assessment system.
SB 140 (Lowenthal), Chapter 623, Statutes of 2011 requires the
CDE, on a one time basis, to develop a list, on or before July
1, 2012, of supplemental instructional materials for use in
kindergarten and grades 1 to 8, inclusive, that are aligned with
California's common core (CCC) academic content standards in
language arts and for kindergarten and grades 1-7, inclusive,
that are aligned with CCC standards in mathematics, and repeals
these provisions on July 1, 2014.
SB 1 5X (Steinberg) Chapter 2, Statutes of 2009-10, Fifth
Extraordinary Session, proposes comprehensive changes to the
Education Code consistent with the federal Race to the Top
(RTTT) program, and 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 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.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association for Bilingual Education (Co-Sponsor)
Californians Together Coalition (Co-Sponsor)
American Federation of State, County and Municipal Employees
(AFSCME), AFL-CIO
California School Boards Association
700 plus individuals
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Opposition
None on file.
Analysis Prepared by : Marisol Avi�a / ED. / (916) 319-2087