BILL ANALYSIS                                                                                                                                                                                                    �



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          Date of Hearing:   April 18, 2012

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                     AB 2116 (Lara) - As Amended:  April 10, 2012
           
          SUBJECT  :   Academic content standards: implementation study

           SUMMARY  :  Requires the California Department of Education (CDE) 
          to contract for a multiyear independent study of the 
          implementation of the common core academic content standards 
          (CCC standards).   Specifically,  this bill  :  

          1)States that the purpose of this bill is to inform policy 
            makers, parents, and the public about the extent to which 
            newly adopted CCC standards are being effectively and 
            equitably implemented in the state's public school system and 
            to increase the ability of California policy makers to improve 
            such implementation in a timely manner.  

          2)Requires the CDE, with the approval of the State Board of 
            Education (SBE), to contract for a multiyear independent study 
            of the implementation of the common core academic content 
            standards in language arts and math, including the English 
            language development (ELD) standards and any subsequent CCC 
            standards developed by the specified consortium or interstate 
            collaboration, and adopted by the SBE. 

          3)Specifies that the scope of the work and the final contract 
            for this study shall be approved by the SBE.

          4)Requires the study to examine and publicly report on the 
            progress of the implementation of the CCC standards with 
            respect to the actions taken by state-level entities and by a 
            representative sample of schools and school districts across 
            the state, with a focus on whether implementation is 
            proceeding in a manner that promotes equal opportunities for 
            all pupils to learn the academic content developed pursuant to 
            the standards and to be successful on related state 
            assessments. 

          5)Requires the study to include, but not be limited to the 
            following:

             a)   The extent to which instructional materials that are 








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               aligned to the standards are adopted by the state and 
               school districts and are used by teachers and pupils in the 
               classroom, including supplemental materials that are 
               aligned to the standards and are used until new 
               instructional materials are available;

             b)   The extent to which teachers are prepared to teach the 
               standards, including, but not limited to, all of the 
               following:

               i)     The steps taken by the Commission on Teacher 
                 Credentialing (CTC) to ensure that teacher preparation 
                 programs are aligned to the standards and the competency 
                 demonstrated by new teachers in teaching and assessing 
                 the new standards;
               ii)    The alignment of the CDE's professional development 
                 modules, technical assistance, and implementation plan to 
                 the standards, and whether the needs of English learners 
                 (ELs), pupils with disabilities, and underperforming 
                 pupils are addressed;
               iii)   The professional development of current educators to 
                 teach and assess the new standards, including, but not 
                 limited to, all of the following:

                  (1)       Instructional strategies that support the 
                    learning of all pupils, including ELs, pupils with 
                    disabilities, and underperforming pupils;
                  (2)       Training of administrators and teachers on the 
                    content and form of new assessments that are designed 
                    to measure a pupil's knowledge of the standards, 
                    including ELs, pupils with disabilities, and 
                    underperforming pupils; and,
                  (3)       Instructional strategies that promote 
                    creativity, innovation, critical thinking, problem 
                    solving, collaboration, and communication skills in 
                    all academic content areas consistent with the newly 
                    adopted standards.

             c)   The extent to which the standards are taught to pupils 
               in the classroom, including to ELs, pupils with 
               disabilities, and underperforming pupils.

             d)   The extent to which school districts and schools are 
               able to provide access to technology necessary to support 
               the new assessments consistent with the timelines 








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               established for the implementation of computer-aided 
               assessments.

          6)Requires the CDE to use available federal carryover funds it 
            has received pursuant to Title I of the federal No Child Left 
            Behind Act of 2001 (NCLB), and to the extent additional funds 
            are needed, authorizes the CDE to use available funds received 
            pursuant to Title VI of the federal NCLB and any other 
            available state and federal funds to implement this bill. 

           EXISTING LAW  :

          1)Establishes the Academic Content Standards Commission 
            (Standards Commission), as specified, to develop academic 
            content standards in language arts and mathematics and present 
            recommended academic content standards to the SBE by July 15, 
            2010.  

          2)Requires that at least 85% of these standards be the common 
            core academic standards developed by the Common Core State 
            Standards Initiative consortium sponsored by the National 
            Governors Association (NGA) and the Council of Chief State 
            School Officers (CCSSO) or any associated or related 
            interstate collaboration to jointly develop common 
            high-quality standards or assessments aligned with the common 
            set of standards, and requires the SBE to adopt or reject the 
            recommended standards by August 2, 2010.  

          3)Requires the SPI and the SBE to present to the Governor and to 
            the appropriate policy and fiscal committees of the 
            Legislature a schedule and implementation plan for integrating 
            the revised language arts and math adopted academic content 
            standards into the state educational system.

          4)Requires the SBE to adopt revised curriculum frameworks and 
            evaluation criteria that are aligned to the common core 
            academic content standards for mathematics and language arts 
            no later than May 30, 2013, and May 30, 2014, respectively.

          5)Requires SBE policies to ensure that curriculum frameworks for 
            kindergarten and grades 1-12, inclusive (K-12), inclusive, and 
            instructional materials for kindergarten and grades 1-8, 
            inclusive (K-8), include strategies for addressing the needs 
            of English learners and students with disabilities, as 
            specified.








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          6)Specifies that curriculum frameworks shall focus on 
            integrating 21st century skills including critical thinking 
            and problem solving, communication, collaboration, creativity 
            and innovation skills into each and across each core content 
            area, as specified.  

          7)Requires the SPI to develop and submit recommendations to the 
            appropriate fiscal and policy committees of the Legislature on 
            or before November 1, 2012, for the reauthorization of the 
            statewide pupil assessment program.  Requires those 
            recommendations to include a plan for transitioning to a 
            system of high-quality assessments that includes various 
            specified elements, including alignment to the CCC academic 
            content standards.  

          8)Requires the SPI, in collaboration with the SBE, and specified 
            individuals, to develop criteria to guide the development of 
            model professional development modules for teachers and 
            administrators that incorporate, make use of, and build upon 
            existing programs currently available at the local, state and 
            national levels to deepen the understanding of the common core 
            academic content standards and specified topics.

           FISCAL EFFECT  :   Unknown 

           COMMENTS  :  In January 2010, the Legislature approved and the 
          Governor signed SB 1 X5 (Steinberg), Chapter 2, Statutes of 
          2009-10, Fifth Extraordinary Session, which- amongst its many 
          provisions- created the Standards Commission to develop and 
          recommend academic content standards in language arts and 
          mathematics with at least 85% of these standards consisting of 
          the CCC state standards for each subject, and required the 
          California CDE to submit a schedule and an implementation plan 
          to the Legislature for integrating the content standards into 
          the education system.  The SBE adopted the CCC standards in 
          language arts and mathematics on August 2, 2010.  

          This bill requires a multiyear independent study of the 
          implementation of the CCC standards, including the ELD 
          standards.  

           Common core implementation efforts underway  :  Implementation of 
          the CCC standards will potentially take a number of years, as 
          new curriculum, professional development, and assessments that 








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          are aligned to the CCC standards will have to be developed.  
          Last year the Legislature approved and the Governor signed three 
          measures to start a process for transitioning into and 
          implementing the CCC 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 the CCC standards.  AB 124 (Fuentes), Chapter 
          605, Statutes of 2011 requires alignment of the ELD standards to 
          the common core ELA standards.  Lastly, SB 140 (Lowenthal), 
          Chapter 623, Statutes of 2011 creates a process for the review 
          and approval of supplemental instructional materials to provide 
          a bridge to the CCC standards.  On March 7, 2012, the SBE 
          approved the CCC standards systems implementation plan that 
          identifies major phases and activities in the implementation of 
          these standards throughout California's educational system.  

          Additionally, California is participating in the SMARTER 
          Balanced Assessment Consortium (SBAC) with a number of other 
          states to prepare a common set of assessments based on the CCC 
          standards.  These assessments are scheduled to be available by 
          the 2014-15 school year.  California's pupil assessment system 
          is authorized through statute and therefore, while the existing 
          system will sunset on July 1, 2014, it is still uncertain as to 
          whether the SBAC assessments will indeed be administered in the 
          2014-15 school year.  In fact, California's CCC standards 
          include an additional 15% of California-specific standards; 
          therefore the SBAC assessments will not include these California 
          additions.  The assessments will be based solely on the 
          standards shared by all adopting states. To inform future 
          decisions of the Legislature in the reauthorization of the 
          statewide assessment system, AB 250 (Brownley) Chapter 608, 
          Statutes of 2011 requires the SPI to make recommendations 
          including a plan for transitioning to a system of high-quality 
          assessments that are aligned to the CCC standards.  The SPI is 
          currently engaging in this work and those recommendations are 
          due to the Legislature in November of this year.  

           Implementation challenges  :  Proponents of this bill contend that 
          this bill will "identify any potential challenges to equity in 
          access to the new education standards for students throughout 
          the state."  It is clear that several challenges exist in 
          implementing these standards.  

          This Committee held an informational hearing in March of 2011 








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          titled, "California's Common Core State Standards: 
          Implementation Challenges and Opportunities."  Testimony 
          provided during the hearing, recognized that the fiscal climate 
          and the limited fiscal resources would present challenges in 
          implementation.  The suspension of framework development and 
          instructional materials adoptions, along with the ongoing budget 
          cuts will continue to pose challenges.  Last year, the 
          Legislature prioritized taking some of the initial steps in 
          implementation of the CCC standards through the enactment of 
          three bills and a modest budget appropriation.  While studying 
          the implementation of the CCC standards may be a worthy goal, an 
          argument could be made that given the fiscal climate and the 
          limited resources, any potentially available resources should be 
          targeted for purposes providing tools to students and teachers 
          to help with the implementation of the standards.  Others could 
          argue that monitoring the implementation of these standards is 
          equally important and should also be prioritized.  

           Common core implementation plan  :  On March 7, 2012, the SBE 
          adopted the Common Core State Standards Systems Implementation 
          Plan for California.  The plan identifies phases of 
          implementation as well as activities that will be necessary both 
          at the state and local levels to implement the CCC standards.  
          For example, the plan notes that CDE will work with the 
          Commission on Teacher Credentialing (CTC) to ensure that 
          pre-service teachers and administrators have access to programs 
          that provide the pedagogical and content knowledge needed to 
          successfully support student attainment of the CCC standards.  
          Additionally, collaborations with higher education and the 
          coordination of programs will guide revisions to teacher 
          competencies, credentialing, and course work for students in all 
          teacher preparation and credentialing programs. Furthermore, the 
          plan notes that CDE will also collaborate with various 
          educational entities; including the county offices of education, 
          educator professional associations, and stakeholder 
          organizations to ensure that existing and newly developed CCC 
          standards-aligned resources are efficiently and adequately 
          distributed to educators throughout California and will maintain 
          ongoing communication with the higher education community in the 
          development of professional learning resources for educators. 

           Clarification needed  :  This bill requires the scope of work to 
          be approved by the SBE and requires the study to examine and 
          report on the progress of implementation with a focus on whether 
          implementation is proceeding in a manner that promotes equal 








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          opportunities for all pupils to learn the academic content 
          developed pursuant to the CCC standards and to be successful on 
          related state assessments.  It is not clear as to whether the 
          report is intended to provide recommendations to address 
          identified shortcomings and challenges or whether the findings 
          will be for information purposes only.  Additionally the bill 
          does not identify the intended recipients of the report.   Staff 
          recommends  the bill be amended to specify that the report shall 
          be submitted to the Governor and the appropriate policy and 
          fiscal committees of the Legislature.  Additionally, the report 
          shall be available to the public on the CDE's Internet Web site. 
                

          The bill does not specify a timespan during which the study 
          would be conducted or a specific date for completing the study.  
          Without a date certain, the study may be completed too late to 
          be useful, or may not be completed at all.   Staff recommends  an 
          amendment to specify a due date that provides adequate time for 
          CDE to enter into a contract and for the report to be completed. 
            Furthermore, it is not clear whether the intent of this bill 
          is to have a one-time study or whether the intent is to have 
          annual or biennial reports covering a specified number of years. 
           According to the author's staff, the intent is for regular 
          biennial reports to be submitted indefinitely.    Staff 
          recommends  the bill be amended to clarify the author's intent.  

          This bill is currently in conflict with SB 1200 (Hancock) 
          pending in the Senate Education Committee.  This bill and SB 
          1200 add the same Education Code Section number, which if both 
          are enacted, could result in one bill chaptering out the other.  
          Although it is still early in the process, the author may wish 
          to consider addressing this conflict by renumbering the new Code 
          section added by this bill.  

          Information provided by the author compares the roll-out of the 
          common core standards to the implementation of the high school 
          exit exam.  The author suggests that the Legislature and the 
          Governor felt it necessary to have an independent contractor 
          study the implementation of the exit exam and the degree to 
          which students were exposed to the English language arts and 
          math content standards.  Likewise, the intent of this bill is to 
          conduct a similar independent study to assess the implementation 
          of the common core standards.  The author states, "AB 2116 calls 
          for an evaluation of the readiness for CCSS �Common Core State 
          Standards] implementation before students take the first 








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          state-imposed assessments and will ensure that policy makers are 
          fully informed of the potential obstacles districts, schools, 
          teachers, and students may experience and will also help to 
          ensure students have equal and equitable access to the CCSS."

           Arguments in support  :  Public Advocates, the sponsor of this 
          bill writes, "California has an obligation to monitor 
          proactively the new standards as they are being rolled out and 
          implemented so that California's students - particularly 
          students of color, English learners, students in disadvantaged 
          neighborhoods and students with disabilities - are not at risk 
          of facing widespread inequalities and significant gaps in 
          learning, as we witnessed in the implementation of our current 
          academic content standards. By calling for an independent study 
          while the new standards are being rolled out, AB 2116 will help 
          California identify obstacles and avoid repeating past mistakes 
          in implementing new statewide academic standards." 

          The American Civil Liberties Union (ACLU) writes, "The ACLU of 
          California strongly supports AB 2116 and its goal to ensure 
          California's Common Cores State Standards (CCSS) are implemented 
          fairly and equitably so that all students graduate college and 
          career ready." 
           
           Related legislation  :  AB 1719 (Fuentes) 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.  AB 1719 is pending in the Assembly 
          Appropriations Committee. 

          Previous legislation  :  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.  

          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 








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          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 into the education 
          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 
           
          Public Advocates (Sponsor) 
          American Civil Liberties Union
          Association of California School Administrators 
          California Latino School Boards Association
          Californians Together 

           Opposition 
           
          None on file. 
           
          Analysis Prepared by  :    Marisol Avi�a / ED. / (916) 319-2087 











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