BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1719
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1719 (Fuentes)
          As Amended  August 24, 2012
          Majority vote
           
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          |ASSEMBLY:  |77-0 |(May 30, 2012)  |SENATE: |38-0 |(August 28,    |
          |           |     |                |        |     |2012)          |
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           Original Committee Reference:    ED.  

           SUMMARY  :  Establishes a process for the review and approval of 
          supplemental instructional materials (SIMs) that are aligned 
          with the revised English language development (ELD) standards 
          for English learner (EL) pupils and requires the California 
          Department of Education (CDE) to review and approve SIMs aligned 
          to the mathematics common core academic content standards, as 
          specified.   
           
           The Senate amendments: 
           
          1)Require the list of approved ELD SIMs for use in kindergarten 
            and grades 1-8, inclusive, (K-8) be developed by March 1, 
            2014, instead of January 1, 2014. 

          2)Stipulate that the ELD SIMs shall provide a bridge between the 
            current and the revised ELD standards with the purpose of 
            ensuring the supplemental materials address the unique 
            features of the ELD standards and remain consistent with the 
            relevant elements of the evaluation criteria for English 
            language arts (ELA) SIMs.  

          3)Delete the requirement that content review experts serve 
            without compensation.  

          4)Add a new section relative to the development of a list, of 
            SIMs for use in kindergarten and grades 1 to 7, inclusive, 
            that are aligned with the common core standards in mathematics 
            by doing all of the following: 

             a)   Requiring the CDE to recommend, and the State Board of 
               Education (SBE) to approve, content review experts to 
               review, in an open and transparent process, supplemental 
               instructional materials submitted for approval and 








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               stipulating that the majority of content review experts 
               shall be elementary and secondary school teachers who are 
               credentialed in the subject area under review; 

             b)   Providing that the review of supplemental instructional 
               materials shall be in addition to the review of 
               supplemental instructional materials previously authorized 
               through SB 140 (Lowenthal), Chapter 623, Statutes of 2011, 
               and requiring the review to be based upon previously 
               approved evaluation criteria;

             c)   Requiring the review to be open to publishers and 
               manufacturers of supplemental instructional materials in 
               mathematics that previously submitted SIMs that supplement 
               any mathematics program that is not a current state-adopted 
               program; 

             d)   Requiring, on or before July 30, 2013, the SBE to do the 
               following:

               i)     Approve all, or a portion, of the list of SIMs 
                 proposed by the CDE, taking into consideration the review 
                 of the content review experts and any other relevant 
                 information, as appropriate; or,

               ii)    Reject all, or a portion, of the list of SIMs 
                 proposed by the CDE, taking into consideration the review 
                 of the content review experts and any other relevant 
                 information, as appropriate;

             e)   Authorizing the SBE to add an item to the list of SIMs 
               proposed by the CDE;

             f)   Specifying that if the SBE rejects all, or a portion, of 
               the list of SIMs proposed by the CDE, 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, and 
               prohibiting the SBE from adding SIMs to the list at the 
               same time it provides its written reason for adding the 
               material; and instead, requiring the SBE to approve the 
               added material at a subsequent public meeting;

             g)   Requiring the SBE, if it modifies the recommendations 
               proposed by the CDE, to act at its next scheduled meeting 








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               or within sixty days of July 30, 2013;  

             h)   Stipulating that publishers choosing to submit 
               supplemental instructional materials for approval by the 
               SBE shall submit standards maps;

             i)   Requiring the SBE to review SIMs for academic content, 
               social content, and instructional support to teachers and 
               pupils, and requiring the SIMs approved by the SBE to meet 
               required program criteria for grade-level programs, and ELs 
               and to include materials for use by teachers;

             j)   Requiring CDE to maintain on its Internet Web site the 
               list of approved math SIMs; and,

             aa)  Specifying that the CDE shall use federal carryover 
               funds received pursuant to Title I of the federal No Child 
               Left Behind Act of 2001 (NCLB) to implement these 
               provisions, and making these provisions inoperative on July 
               1, 2014.   

          5)Appropriate $500,000 in one time federal carryover funds 
            received pursuant to Title I of the federal NCLB for purposes 
            of conducting the ELD SIM review.

          6)Make the provisions of this bill contingent on the enactment 
            of AB 1246 (Brownley) of the 2011-12 Regular Session. 

           FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee, approximately $140,000 in 2013-14, and $140,000 in 
          2014-15 in CDE staff workload costs, and up to $500,000 to 
          contract with local entities to provide teachers and other 
          content experts to review materials, including the cost of 
          travel and substitute teachers.

           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 








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          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 
          with 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.

          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 that will help their ELs in 
          the transition to the common core.  

          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.  

          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."

          Math SIMs:  Earlier this year, the CDE announced a temporary 
          suspension of the review authorized under SB 140 (Lowenthal) for 
          common core math SIMs.  According to CDE the recruitment of 








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          reviewers did not keep pace with the demand posed by the 
          dramatic turnout of publishers submitting materials for review.  
          SB 140 required that all reviewers be approved by the SBE which 
          has precluded CDE from recruiting more reviewers without missing 
          the deadlines established in statute.  In order to continue the 
          review of all math SIMs that have already been submitted by 
          publishers, CDE needs statutory authority and an extension of 
          the deadline.  As amended in the Senate, this bill adds a new 
          section that provides the authority for CDE to continue the 
          review of math SIMs. 


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


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