California Assembly Bill AB2095 Latest Draft

 BILL NUMBER: AB 2095AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 28, 2010 AMENDED IN ASSEMBLY APRIL 12, 2010 INTRODUCED BY Assembly Member Brownley FEBRUARY 18, 2010 An act to amend Sections 60005, 60200, 60200.4, 60204, and 60400 of, and to add Sections 60602.5 and 99237.7 to, the Education Code, relating to instructional materials. LEGISLATIVE COUNSEL'S DIGEST AB 2095, as amended, Brownley. Instructional materials: English language development. (1) Existing law requires the development of curriculum frameworks and adoption of instructional materials for use in elementary and secondary schools to be conducted in accordance with specified policies and procedures adopted by the State Board of Education. This bill would require that those state board policies ensure that the curriculum frameworks  for kindergarten and grades 1 to 12, inclusive,  and instructional materials for kindergarten and grades 1 to  12   8  , inclusive, include English language development standards and strategies in the 4 core subjects that address English language development and the needs of pupils with disabilities. (2) Existing law requires the State Board of Education to adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive, and to ensure that basic instructional materials in mathematics and reading are based on fundamental skills required by those subjects.  Among the categories of instructional materials that the board is required to adopt are bilingual or bicultural subjects.  This bill  would add materials that support English language development in the kinds of instructional materials that the board is required to adopt for kindergarten and grades 1 to 8, inclusive, and  would require the materials in mathematics and reading also to be based on English language development for pupils for whom English is a 2nd language. (3) The Curriculum Development and Supplemental Materials Commission is required to develop criteria for evaluating instructional materials submitted for adoption. This bill would require the criteria to include directions to publishers to align lessons and teacher's editions to address the needs of English learners and pupils with disabilities. (4) Existing law requires the governing board of a school district maintaining one or more high schools to adopt instructional materials for use in high schools under its control. This bill would require those governing boards to ensure that English learners and pupils with disabilities are provided appropriate instructional materials in all 4 core subjects. (5) Existing law establishes the Standardized Testing and Reporting Program and states legislative intent regarding this statewide testing program. Existing law requires each school district, charter school, and county office of education to administer to each of its pupils in grades 2 to 11, inclusive, a standards-based achievement test as part of the program. This bill would state the intent of the Legislature that the reauthorized Standardized Testing and Reporting Program meet specified requirements regarding performance measures, the assessment of English learners and pupils with disabilities, and accommodations for the assessment of English learners and pupils with disabilities. (6) Existing law establishes the Mathematics and Reading Professional Development Program, administered by the Superintendent of Public Instruction, under which a local educational agency is eligible to apply for and receive incentive funding to provide teachers, instructional aides, and paraprofessionals with instruction and training in the areas of mathematics and reading. This bill would authorize eligible elementary and secondary teachers to participate in 40 hours of instruction in specified training and instructional strategies as an option for fulfilling a specified percentage of training hours under the program. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 60005 of the Education Code is amended to read: 60005. (a) The Legislature finds and declares that it is in the public interest for the State Board of Education to adopt policies and procedures concerning the development of curriculum frameworks and the adoption of instructional materials only after public notice, comment by the public, and review by the Office of Administrative Law and for these policies and procedures to be published in the California Code of Regulations. Therefore, the Legislature reaffirms that the policies and procedures concerning the development of curriculum frameworks and the adoption of instructional materials shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. These policies and procedures include, but are not limited to, the following: (1) State board policies that define statutory terms. (2) State board policies that prescribe the membership of committees used in the development and adoption process. (3) Procedures that regulate public participation in the development of curriculum frameworks and the adoption of instructional materials. (b) The state board shall adopt as regulations the policies and procedures concerning the development of curriculum frameworks and the adoption of instructional materials. (c) State board policies shall ensure that curriculum frameworks  for kindergarten and   grades 1 to 12, inclusive,  and instructional materials for kindergarten and grades 1 to  12,   8,  inclusive, include the English language development standards as adopted by the state board in 1997 and revised thereafter, and English language development strategies in the four core subjects of mathematics, science, history-social science, and English/language arts. (d) State board policies shall ensure that curriculum frameworks  for kindergarten and grades 1 to 12, inclusive,  and instructional materials for kindergarten and grades 1 to  12,   8,  inclusive, include strategies to address the needs of pupils with disabilities in the four core subjects of mathematics, science, history-social science, and English/language arts. (e) (1) The following shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code: (A) The content of curriculum frameworks. (B) Evaluation criteria and worksheets developed to supplement curriculum frameworks. (2) The board shall adopt the content of curriculum frameworks and evaluation criteria and worksheets developed to supplement curriculum frameworks in accordance with the regulations established pursuant to subdivision (b) of this section. SEC. 2. Section 60200 of the Education Code is amended to read: 60200. The state board shall adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive, for governing boards, subject to the following provisions: (a) The state board shall adopt at least five basic instructional materials for all applicable grade levels in each of the following categories: (1) Language arts, including, but not limited to, spelling and reading. However, the state board shall not adopt basic instructional materials in this category or the category specified by paragraph (2) in the year succeeding the year in which the state board adopts basic instructional materials in this category for the same grade level. (2) Mathematics. However, the state board shall not adopt basic instructional materials in this category or the category specified by paragraph (1) in the year succeeding the year in which the state board adopts basic instructional materials in this category for the same grade level. (3) Science. (4) Social science. (5) Bilingual or bicultural subjects.  (6) Materials, including supplemental and ancillary materials, supporting English language development.   (7)   (6)  Any other subject, discipline, or interdisciplinary areas for which the state board determines the adoption of instructional materials to be necessary or desirable, including, but not limited to, materials that support the instructional needs of pupils with disabilities. (b) The state board shall adopt procedures for the submission of basic instructional materials in order to comply with each of the following: (1) Instructional materials may be submitted for adoption in any of the subject areas pursuant to paragraphs (1) to (6), inclusive, of subdivision (a) not less than two times every six years and in any of the subject areas pursuant to paragraph (7) of subdivision (a) not less than two times every eight years. The state board shall ensure that curriculum frameworks are reviewed and adopted in each subject area consistent with the six- and eight-year submission cycles and that the criteria for evaluating instructional materials developed pursuant to subdivision (b) of Section 60204 are consistent with subdivision (c). The state board may prescribe reasonable conditions to restrict the resubmission of materials that have been previously rejected if those resubmitted materials have no substantive changes. (2) Submitted instructional materials shall be adopted or rejected within six months of the submission date of the materials pursuant to paragraph (1), unless the state board determines that a longer period of time, not to exceed an additional three months, is necessary due to the estimated volume or complexity of the materials for that subject in that year, or due to other circumstances beyond the reasonable control of the state board. (c) In reviewing and adopting or recommending for adoption submitted basic instructional materials, the state board shall use the following criteria, and ensure that, in its judgment, the submitted basic instructional materials meet all of the following criteria: (1) Are consistent with the criteria and the standards of quality prescribed in the state board's adopted curriculum framework. In making this determination, the state board shall consider both the framework and the submitted instructional materials as a whole. (2) Comply with the requirements of Sections 60040, 60041, 60042, 60043, 60044, 60048, 60200.5, and 60200.6, and the state board's guidelines for social content. (3) Are factually accurate and incorporate principles of instruction reflective of current and confirmed research. (4) Adequately cover the subject area for the grade level or levels for which they are submitted. (5) Do not contain materials, including illustrations, that provide unnecessary exposure to a commercial brand name, product, or corporate or company logo. Materials, including illustrations, that contain a commercial brand name, product, or corporate or company logo may not be used unless the board determines that the use of the commercial brand name, product, or corporate or company logo is appropriate based on one of the following specific findings: (A) If text, the use of the commercial brand name, product, or corporate or company logo in the instructional materials is necessary for an educational purpose, as defined in the guidelines or frameworks adopted by the state board. (B) If an illustration, the appearance of a commercial brand name, product, or corporate or company logo in an illustration in instructional materials is incidental to the general nature of the illustration. (6) Meet other criteria as are established by the state board as being necessary to accomplish the intent of Section 7.5 of Article IX of the California Constitution and of Section 1 of Chapter 1181 of the Statutes of 1989, provided that the criteria are approved by resolution at the time the resolution adopting the framework for the current adoption is approved, or at least 30 months prior to the date that the materials are to be approved for adoption. (d) If basic instructional materials are rejected, the state board shall provide a specific, written explanation of the reasons why the submitted materials were not adopted, based upon one or more of the criteria established under subdivision (c). In providing this explanation, the state board may use, in whole or in part, materials written by the commission or any other advisers to the state board. (e) The state board may adopt fewer than five basic instructional materials in each subject area for each grade level if either of the following occurs: (1) Fewer than five basic instructional materials are submitted. (2) The state board specifically finds that fewer than five basic instructional materials meet the criteria prescribed by paragraphs (1) to (5), inclusive, of subdivision (c), or the materials fail to meet the state board's adopted curriculum framework. If the state board adopts fewer than five basic instructional materials in any subject for any grade level, the state board shall conduct a review of the degree to which the criteria and procedures used to evaluate the submitted materials for that adoption were consistent with the state board's adopted curriculum framework. (f) This section does not limit the authority of the state board to adopt materials that are not basic instructional materials. (g) If a district board establishes to the satisfaction of the state board that the state-adopted instructional materials do not promote the maximum efficiency of pupil learning in the district, the state board shall authorize that district governing board to use its instructional materials allowances to purchase materials as specified by the state board, in accordance with standards and procedures established by the state board. (h) Consistent with the quality criteria for the state board's adopted curriculum framework, the state board shall prescribe procedures to provide the most open and flexible materials submission system and ensure that the adopted materials in each subject, taken as a whole, provide for the educational needs of the diverse pupil populations in the public schools, provide collections of instructional materials that illustrate diverse points of view, represent cultural pluralism, and provide a broad spectrum of knowledge, information, and technology-based materials to meet the goals of the program and the needs of pupils. (i) Upon making an adoption, the state board shall make available to listed publishers and manufacturers and all school interests a listing of instructional materials, including the most current unit cost of those materials as computed pursuant to existing law. Items placed upon lists shall remain thereon, and be available for procurement through the state's systems of financing, from the date of the adoption of the item and until a date established by the state board. The date established by the board for continuing items on that list shall be the date on which the state board adopts instructional materials based upon a new or revised curriculum framework. Lists of adopted materials shall be made available by subject and grade level. The lists shall terminate and shall no longer be effective on the date prescribed by the state board pursuant to this subdivision. (j) The state board may approve multiple lists of instructional materials, without designating a grade or subject, and the state board may designate more than one grade or subject whenever it determines that a single subject designation or a single grade designation would not promote the maximum efficiency of pupil learning. Any materials so designated may be placed on single grade or single subject lists, or multigrade or interdisciplinary lists, or may be placed on separate lists including other materials with similar grade or subject designations. (k) A composite listing in the format of an order form may be used to meet the requirements of this section. (  l  ) The lists maintained pursuant to this section shall not be deemed to control the use period by any school district. (m) The state board shall give publishers the opportunity to modify instructional materials, in a manner provided for in regulations adopted by the state board, if the state board finds that the instructional materials do not comply with paragraph (5) of subdivision (c). (n) This section does not prohibit the publisher of instructional materials from including whatever corporate name or logo on the instructional materials that is necessary to provide basic information about the publisher, to protect its copyright, or to identify third-party sources of content. (o) The state board may adopt regulations that provide for other exceptions to this section, as determined by the board. (p) The Superintendent shall develop, and the state board shall adopt, guidelines to implement this section. SEC. 3. Section 60200.4 of the Education Code is amended to read: 60200.4. (a) The state board shall ensure that the basic instructional materials that it adopts for mathematics and reading in grades 1 to 8, inclusive, are based on the fundamental skills required by these subjects, including, but not limited to, systematic, explicit phonics, spelling, and basic computational skills, and English language development for pupils for whom English is a second language  including, but not limited to, speakers of Spanish, Vietnamese, Filipino, Cantonese, Hmong, and Korean  . (b) It is the intent of the Legislature that the fundamental skills of all subject areas, including systematic, explicit phonics, spelling, and basic computational skills, be included in the adopted curriculum frameworks and that these skills and related tasks increase in depth and complexity from year to year. It is the intent of the Legislature that the instructional materials adopted by the state board meet the provisions of this section. SEC. 4. Section 60204 of the Education Code is amended to read: 60204. The commission shall do all of the following: (a) Recommend curriculum frameworks to the state board. (b) Develop criteria for evaluating instructional materials submitted for adoption so that the materials adopted shall adequately cover the subjects in the indicated grade or grades and comply with the provisions of Article 3 (commencing with Section 60040) of Chapter 1. The criteria developed by the commission shall be consistent with the duties of the state board pursuant to Section 60200. The criteria shall be public information and shall be provided in written or printed form to any person requesting that information. The criteria shall include directions to publishers to align both lessons and teacher's editions, as appropriate, with English language development standards and incorporate strategies to address  the needs of English learners   ,  at every grade level and subject  , the needs of English learners, including, but not limited to, speakers of Spanish, Vietnamese, Filipino, Cantonese, Hmong, and Korean  . The criteria also shall include direction to publishers to incorporate instructional strategies to address the needs of pupils with disabilities in both lessons and teacher's editions, as appropriate, at every grade level and subject. (c) Study and evaluate instructional materials submitted for adoption. (d) Recommend to the state board instructional materials that it approves for adoption. (e) Review and have the authority to adopt the educational films or video recordings produced in accordance with Article 3 (commencing with Section 52740) of Chapter 11 of Part 28. (f) Recommend to the state board policies and activities to assist the department and school districts in the use of the curriculum framework and other available model curriculum materials for the purpose of guiding and strengthening the quality of instruction in the public schools. SEC. 5. Section 60400 of the Education Code is amended to read: 60400. (a) The governing board of a school district maintaining one or more high schools shall adopt instructional materials for use in the high schools under its control. Only instruction materials of those publishers who comply with the requirements of Article 3 (commencing with Section 60040) and Article 4 (commencing with Section 60060) of Chapter 1 of this part and of Section 60226 may be adopted by the governing board. (b) The governing board of a school district maintaining one or more high schools shall ensure that English learners and pupils with disabilities are provided appropriate instructional materials in all four core subjects. The governing board shall certify pursuant to Section 60119 the steps that have been taken to ensure availability of textbook and instructional materials. SEC. 6. Section 60602.5 is added to the Education Code, to read: 60602.5. Upon the reauthorization of the Standardized Testing and Reporting Program and commencing in the 2013-14 school year, it is the intent of the Legislature that the Standardized Testing and Reporting Program meet the following requirements: (a) Performance measures shall meet the highest standards of educational measurement to ensure that they are  valid   unbiased, valid,  and reliable measures of pupil achievement and be developed according to the principles of universal design. (b) English learners shall be assessed in a manner that distinguishes content knowledge from linguistic proficiency in English and in accordance with the number of years of instruction in English. Primary and secondary language assessments  for English learners whose native languages include, but are not limited to, Spanish, Vietnamese, Filipino, Cantonese, Hmong, and Korean  should be an integral component of the reauthorized Standardized Testing and Reporting Program. (c) Accommodations of assessments for English learners shall be based upon research on high-stakes testing accommodations for English learners. (d) Assessments for pupils with disabilities shall incorporate the individualized education program requirements for accommodations and modifications and other testing requirements, and  , to the extent permissible by federal law,  the state shall not invalidate the scores of pupils who use an accommodation or modification for purposes of accountability. (e) Performance measures shall be balanced and require evidence of the ability of pupils to reason, analyze, and evaluate multiple sources of information, and solve challenging, real-world problems. SEC. 7. Section 99237.7 is added to the Education Code, to read: 99237.7. (a) As an option for fulfilling up to 50 percent of the 80 hours of followup training required pursuant to Section 99237, eligible elementary and secondary teachers may participate in 40 hours of instruction in areas including, but not limited to, the following: (1) Training in the application of the response to intervention model to provide for a systemic method for evaluating the needs of all pupils and for fostering positive pupil outcomes through carefully selected and implemented interventions and to assist teachers in identifying pupils who may require more intensive instructional services. (2) Training to reduce racial disproportionality of pupils placed in special education who have learning needs but who should not be placed in a special education program. (3) Instructional strategies, to teach essential content in ways that address the varied learning needs of pupils with disabilities or exceptional needs including, but not limited to, the effective use of pupil achievement data, differentiating instruction through pacing and complexity, impact on pupil success through diagnostic teaching and effective application of accommodations and modifications to support pupil achievement. (b) In order to be eligible to participate in the training described pursuant to this section, a teacher shall have completed 40 hours of professional development training pursuant to Section 99237. (c) If a local educational agency chooses to offer the option provided for in subdivision (a), the local educational agency shall contract with a training provider that is approved by the state board and whose training curriculum meets the criteria established by the state board and is based on the areas listed in paragraphs (1) to (3), inclusive, of subdivision (a). (d) The Superintendent may appoint an advisory committee to ensure the quality and effectiveness of the training provided pursuant to this section. If an advisory committee is established, the majority of the committee shall be made up of professionals with expertise in addressing the needs of pupils with disabilities or expertise in implementing effective response to intervention strategies and programs. ____ CORRECTIONS Text--Pages 8 and 10. ____