BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 140|
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                                 THIRD READING


          Bill No:  SB 140
          Author:   Lowenthal (D)
          Amended:  5/24/11
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  7-1, 3/16/11
          AYES:  Lowenthal, Alquist, Hancock, Liu, Price, Simitian, 
            Vargas
          NOES:  Runner
          NO VOTE RECORDED:  Blakeslee, Huff, Vacancy

           SENATE APPROPRIATIONS COMMITTEE  :  6-2, 5/26/11
          AYES:  Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
          NOES:  Walters, Runner
          NO VOTE RECORDED:  Emmerson


           SUBJECT  :    Instructional materials:  common core standard 

           SOURCE  :     Author


           DIGEST  :    This bill establishes a streamlined process for 
          the state-level adoption of instructional materials that 
          are aligned with the common core academic content 
          standards, and expands the authority of local school boards 
          to adopt instructional materials to include K-8 schools.

           ANALYSIS  :    Existing law establishes the Academic Content 
          Standards Commission (Commission), consisting of 12 
          appointed members, as specified.  The Commission is 
          required to develop academic content standards in language 
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          arts and mathematics and to present its recommended 
          academic content standards to the State Board of Education 
          (SBE).

          Existing law requires at least 85% of the standards to be 
          the common core academic standard developed by the Common 
          Core State Standards Initiative consortium or any 
          associated or related interstate collaboration.  Existing 
          law requires the SBE law requires the SBE to adopt or 
          reject the academic standards.  

          Existing law exempts instructional materials that are 
          aligned to these standards from the requirement that the 
          SBE adopt any additional criteria that instructional 
          materials will be required to meet at least 30months before 
          the materials are to be approved for adoption.

          This bill:

          1.Requires the California Department of Education (CDE) to 
            develop a list, by July 2, 1012, of supplemental 
            instructional materials for use in kindergarten and 
            grades 1 to 8, inclusive, that are aligned with 
            California's common core academic standards in language 
            arts and mathematics.

          2.Requires the supplemental instructional materials to 
            provide a bridge between the common core standards and 
            the standards-aligned instructional materials currently 
            being used in schools.

          3.Requires SBE, by September 30, 2012, to approve or reject 
            the supplemental instructional materials as proposed by 
            CDE.

            If the SBE rejects the supplemental instructional 
            materials, it shall provide a specific written 
            explanation to the Superintendent of Public Instruction, 
            the Governor, and the Legislature of the reasons why the 
            proposed materials were rejected.

          4.Authorizes school district governing boards (K-12) to 
            approve supplemental instructional materials other than 
            those approved by the SBE, if the governing board 

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            determines that other supplemental instructional 
            materials are aligned with the common core standards and 
            meet the needs of the pupils in the district.

          5.Requires publishers choosing to submit supplemental 
            instructional materials for approval by the SBE to submit 
            standards maps.  Publishers choosing to submit 
            supplemental instructional materials for approval for use 
            in grades 9 to 12, inclusive, are encouraged to submit 
            maps.

          6.Requires, before approving supplemental instructional 
            materials, the SBE, or the governing board of a school 
            district that chooses to approve supplemental 
            instructional material, to review those instructional 
            materials for academic content, social content, and 
            instructional support to teachers and pupils.

          7.Requires supplemental instructional materials approved 
            pursuant to this bill, to meet required program criteria 
            for grade-level programs, intervention programs, and 
            English learners and to include materials for use by 
            teachers.

          8.Requires the CDE to maintain on its Internet Web site 
            list of supplemental instructional materials approved by 
            the SBE.

           Background

           Pursuant to Education code Section 60605.8, the SBE adopted 
          common core academic content standards in English language 
          arts and mathematics on August 2, 2010.

          California's currently suspended process of adopting 
          instructional materials begins with the review and update 
          of the curricular framework in each subject area.  
          Frameworks are the blueprints for implementing the academic 
          content standards and provide guidance to publishers for 
          the development of instructional materials.  The framework 
          process typically takes 24 months from initiation to 
          approval by the SBE.  Once the framework for a particular 
          subject is adopted by the SBE, the instructional material 
          adoption process begins, which includes submissions from 

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          publishers, review by the Instructional Materials Advisory 
          Reviewer and Content Review Expert (both appointed by the 
          SBE), Curriculum Commission hearings and SBE adoption.  The 
          adoption process typically takes 30 months.

          The processes for reviewing frameworks and adopting 
          instructional materials has been suspended since July 2009, 
          pursuant to ABX4 2 (Evans), Chapter 2, Fourth Extraordinary 
          Session, which among other things, prohibited the SBE from 
          reviewing frameworks and adopting instructional materials 
          until the 2013-14 school year.  ABX4 2 also extended to the 
          2012-13 fiscal year the suspension of the requirement to 
          purchase instructional materials within any specific period 
          of time following adoption of those materials by the SBE.

           Comments

          Locally Adopted Instructional Materials  .  The SBE is 
          required to adopt instructional materials for grades K-8.  
          School districts adopt instructional materials for grades 
          9-12 but do not have the authority to adopt their own 
          choices of materials for K-8.  This bill expands the 
          authority of school districts to adopt instructional 
          materials to include K-8, following the same process 
          currently used for the adoption of high school 
          instructional materials.  This bill also requires the SBE 
          to adopt (or reject) instructional materials to provide 
          more options to districts that either cannot or do not wish 
          to conduct a local adoption.

          Additionally, there is no process in place for the state to 
          develop frameworks and instructional materials that are 
          aligned to the common core standards.  Considering the lack 
          of a state-level process for the adoption of instructional 
          materials, and that the process currently used for the 
          adoption of high school instructional materials have some 
          accountability, it may be expedient to allow school 
          districts to adopt instructional materials for all grades, 
          at least until a new process is developed and in place.

           Related Legislation

           AB 250 (Brownley), 2011-12 Session, establishes a process 
          for the implementation of the common core academic content 

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          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 STAR assessment 
          system by one year, to July 2014.  (On Assembly 
          Appropriations Suspense File)
           
           SB 613 (Alquist), 2011-12 Session, requires at least 
          one-half of instructional materials adopted by the SBE or a 
          school district governing board to be open-source, which is 
          defined as materials in a digital format and free to view 
          online.  (Held in Senate Appropriations Committee under 
          submission)

          AB 214 (Fuentes), 2011-12 Session, establishes the English 
          Language Development Standards Advisory Committee for the 
          purpose of alignment with the common core standards in 
          English language arts.  (In Senate Business, Professions 
          and Economic Development Committee)
           
           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

                          Fiscal Impact (in thousands)

           Major Provisions            2011-12             2012-13         
              2013-14             Fund

           Develop materials list     -- Minor and absorbable workload 
          --            General

          SBE review                     -- Minor and absorbable 
          workload --            General

           SUPPORT  :   (Verified  5/27/11)

          Alturas Elementary School
          Association of California School Administrators
          California Association of Suburban School Districts
          California School Boards Association
          California State PTA
          Chawanakee Unified School District
          Contra Costa County Superintendents' Coalition

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          Irvine Unified School District
          Los Angeles Unified School District
          Modoc Middle School
          Riverside county School Superintendents' Association
          Rowland Unified School District
          San Francisco Unified School District
          State Line Elementary School
          Torrance Unified School District

           ARGUMENTS IN SUPPORT  :    According to the author's office, 
          "California has adopted the common core standard in English 
          and math but has no process in place for the development of 
          instructional materials that are aligned to the common core 
          standards.  Development of curricular frameworks, 
          instructional materials, professional development and 
          assessments will be time consuming and will require 
          significant resources.  Current law authorizes school 
          districts serving grades 9-12 to adopt their own 
          instructional materials but materials for K-8 must be 
          adopted by the State Board of Education.  It's possible 
          that a new assessment will be implemented during the 
          2014-15 school year; California's schools need to prepare 
          pupils well in advance of any assessment that is linked to 
          the common core standards.  SB 140 provides school 
          districts with maximum 
          flexibility to meet the instructional needs of their 
          students."


          CPM:cm  5/27/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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