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: 8/26/11
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
SENATE FLOOR : 26-12, 6/1/11
AYES: Alquist, Calderon, Corbett, Correa, De Le�n,
DeSaulnier, Evans, Hancock, Hernandez, Kehoe, Leno, Lieu,
Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Price,
Rubio, Simitian, Steinberg, Vargas, Wolk, Wright, Wyland,
Yee
NOES: Anderson, Berryhill, Blakeslee, Cannella, Dutton,
Fuller, Gaines, Harman, Huff, La Malfa, Runner, Walters
NO VOTE RECORDED: Emmerson, Strickland
ASSEMBLY FLOOR : 53-24, 8/31/11 - See last page for vote
SUBJECT : Instructional materials: common core standard
SOURCE : Author
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DIGEST : This bill requires the California Department of
Education, on a one-time basis, to develop a list, on or
before July 1, 2012, of supplemental instruction materials
for use in kindergarten and grades 1 to 8, inclusive, that
are aligned with California's common core academic content
standards in language arts for kindergarten and grades 1 to
7, inclusive, that are aligned with California's common
core standards in mathematics.
Assembly Amendments add a sunset date, clarification
language to the Senate version of the bill, and require the
CDE to use federal carryover funds, as specified, to
implement this bill.
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
arts and mathematics and to present its recommended
academic content standards to the State Board of Education
(SBE).
Existing law requires at least 85 percent 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 requires the California Department of Education
(CDE), on a one-time basis, to develop a list, on or before
July 1, 2012, of supplemental instruction materials for use
in kindergarten and grades 1 to 8, inclusive, that are
aligned with California's common core academic content
standards in language arts for kindergarten and grades 1 to
7, inclusive, that are aligned with California's common
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core standards in mathematics. Specifically, this bill:
1.Requires the CDE to recommend and the SBE to approve
evaluation criteria to guide the development and review
of supplemental instruction materials.
2.Requires the supplemental instructional materials to
provide a bridge between California's common core
academic content standards and the instructional
materials currently being used by local educational
agencies (LEAs).
3.Requires, on or before September 30,l 2012, the SBE to
do the following:
A. Approve all, or a portion, of the list of
supplemental instructional materials proposed by CDE,
taking into consideration the review of the content
review experts and any other relevant information, as
appropriate.
B. Reject all, or a portion, of the list of
supplemental instructional materials proposed by CDE,
taking into consideration the review of the content
review experts and any other relevant information, as
appropriate.
4.Authorizes the SBE to add an item to the list of SIMs
proposed by the CDE.
5.Specifies that if the SBE rejects all, or a portion, of
the list of supplemental instructional materials propose
by CDE, or adds an item to the list, the SBE, in a
public meeting held pursuant to the Bagley-Keen Open
Meeting Act, shall provide written reasons for the
removal or additional of an item on the list, and
prohibits the SBE from approving a supplemental
instructional material it adds to the list at the same
time it provides its written reasons for adding the
written material; and instead, requires the SBE to
approve the added materials at a subsequent public
meeting.
6.Authorizes governing boards of school districts to
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approve supplemental instructional materials other than
those approved by the SBE pursuant to this bill, if
specified requirements are met.
7.Stipulates that publishers choosing to submit
supplemental instructional materials for approval by the
SBE shall submit standards maps.
8.Requires the SBE to review supplemental instructional
materials for academic content, social content, and
instructional support to teachers and pupils, and
requires the supplemental instructional materials to
meet required program criteria for grade-level programs,
intervention programs, and English learners and to
include materials for use by teachers.
9.Requires a school district that chooses to approve
supplemental instructional materials other than those
approved by the SBE to review materials for academic
content and instructional support to teachers and
pupils, and requires the supplemental instructional
materials to meet required program criteria for
grade-level programs, intervention programs, and English
learners and to include materials for use by teachers.
10.Requires CDE to maintain on its Internet Web site the
list of supplemental instructional materials approved by
the SBE pursuant to this bill.
11.Specifies that the CDE shall use federal carryover funds
received pursuant to Title I of the federal No Child
Left Behind Act of 2001 to implement this bill.
12 Repeals the provisions of this bill on July 1, 2014.
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.
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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
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
This bill creates a temporary process whereby CDE will
review supplemental instructional materials for alignment
with California's common core stat standards. The purpose
is for these materials to be used with instructional
materials currently in use by school districts for language
arts and math in an effort to provide temporary tools for
pupils to access the recently adopted content standards.
This process also allows school districts to approve
supplemental instructional materials other than those
approved by the SBE, if the district finds that other
supplemental instructional materials are aligned with the
common core standards and meet the needs of its students.
Due to the fiscal climate in the state, the process for
adopting curriculum frameworks and instructional materials
has been suspended for the next three years; however, the
state has adopted new content standards in language arts
and math and the curriculum and instruction system is not
aligned to those standards. The development of the list of
supplemental instructional materials is a one-time activity
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and a short-term solution to dealing with the budget
restrictions on instructional materials while still
providing pupils with tools to access the common core
standards. Typically, supplemental instructional materials
do not undergo a state-level review process, except to
ensure compliance with the social content requirements.
The process established by this bill is relatively unique
and is developed to assist districts in identifying
materials that meet the recently-adopted common core
standards.
Even though the current categorical flexibility provides
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 LEA to be
SBE-adopted for gradesK-8 and standards-aligned for grade
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. This bill
does not require school districts to purchase instructional
materials, but rather will ensure that those materials are
available to districts.
Related Legislation
AB 250 (Brownley), 2011-12 Session, 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 STAR assessment
system by one year, to July 2014. Passed the Senate with a
vote of 24-10 on August 31, 2011. (On Assembly Third
Reading)
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 under submission in Senate Appropriations
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Committee)
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. Passed the Senate with a vote of
22-12 on August 22, 2011. (To Governor)
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 8/31/11)
Alturas Elementary School
Association of California School Administrators
California Association of Suburban School Districts
California School Boards Association
California State PTA
Contra Costa County Superintendents' Coalition
Los Angeles Unified School District
Riverside County School Superintendents' Association
Rowland Unified School District
San Francisco 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
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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."
ASSEMBLY FLOOR : 53-24, 8/31/11
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Davis, Dickinson, Eng, Feuer,
Fletcher, Fong, Fuentes, Galgiani, Gatto, Gordon, Hall,
Hayashi, Roger Hern�ndez, Hill, Huber, Hueso, Huffman,
Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning,
Pan, Perea, V. Manuel P�rez, Portantino, Skinner,
Solorio, Swanson, Torres, Wieckowski, Williams, Yamada,
John A. P�rez
NOES: Achadjian, Conway, Cook, Donnelly, Beth Gaines,
Garrick, Grove, Hagman, Halderman, Harkey, Jeffries,
Jones, Knight, Logue, Mansoor, Miller, Morrell, Nestande,
Nielsen, Olsen, Silva, Smyth, Valadao, Wagner
NO VOTE RECORDED: Furutani, Gorell, Norby
CPM:cm 8/31/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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