California Assembly Bill AB250 Introduced / Bill

 BILL NUMBER: AB 250INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Brownley FEBRUARY 3, 2011 An act to amend Sections 60204 and 60601 of, to add Sections 60200.8, 60207, 60208, and 60640.1 to, and to repeal Section 60200.1 of, the Education Code, relating to instructional materials. LEGISLATIVE COUNSEL'S DIGEST AB 250, as introduced, Brownley. Instructional materials. (1) Existing law requires the State Board of Education to adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive, for governing boards and authorizes the board to establish criteria for that purpose. Existing law sets forth a schedule for the submission of instructional materials to the state board for adoption. Notwithstanding this schedule, existing law prohibits the state board from adopting instructional materials or following the procedures related to that adoption until the 2013-14 school year. This bill would delete the schedule for submission of instructional materials for foreign languages and health and the exception to the requirement that criteria for the evaluation of instruction be approved when curriculum frameworks are approved or at least 30 months before the date that the materials are to be approved for adoption. The bill would require that materials for mathematics be submitted for adoption in 2014, and for English language arts in 2016. (2) Existing law establishes the Academic Content Standards Commission and requires the commission to develop internationally benchmarked academic content standards, at least 85% of which are required to be the common core academic standards developed by the Common Core State Standards Initiative Consortium or another specified interstate collaboration. Existing law requires the state board by August 2, 2010, to either adopt the standards proposed by the commission or reject them. This bill would require the state board to adopt revised curriculum frameworks and evaluation criteria that are aligned to the common core academic content standards developed by the consortium and adopted by the board for mathematics and language arts no later than December 31, 2012, and March 1, 2013, respectively. The bill would require state board policies to ensure that curriculum frameworks for kindergarten and grades 1 to 12, inclusive, and instructional materials for kindergarten and grades 1 to 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. The bill also would require state board policies to ensure that curriculum frameworks for kindergarten and grades 1 to 12, inclusive, and instructional materials for kindergarten and grades 1 to 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. (3) Existing law requires the Curriculum Development and Supplemental Materials Commission to recommend curriculum frameworks for adoption by the state board, develop criteria for evaluating instructional materials, study and evaluate instructional materials submitted for adoption, recommend to the state board instructional materials that it approves for adoption, and review specified educational films or video recordings. This bill would delete the requirement that the commission study and evaluate instructional materials, recommend instructional materials, and review specified educational films or video recordings. The bill would require the criteria developed for evaluating instructional materials to include directions to publishers to align the materials with English language development standards and incorporate strategies to address the needs of English learners and pupils with disabilities. The bill would state the intent of the Legislature to provide to local educational agencies a process by which they may identify, evaluate, and recommend instructional materials for adoption to the state board, ensure that school districts are provided with as many standards-aligned instructional material options as possible, and offer opportunities for professional development training to teachers to support the transition to and implementation of the common core academic content standards adopted by the state board. (4) Existing law, the Leroy Greene California Assessment of Academic Achievement Act (hereafter the Greene Act), requires the Superintendent to design and implement a statewide pupil assessment program, and requires school districts, charter schools, and county offices of education to administer to each of its pupils in grades 2 to 11, inclusive, certain achievement tests, including a standards-based achievement test pursuant to the Standardized Testing and Reporting (STAR) Program. Existing law authorizes a school district, at its option to administer to pupils with limited English proficiency who are enrolled in any of grades 2 to 11, inclusive, a second achievement test in their primary language. Existing law requires the department to use funds made available pursuant to Title VI of the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) and appropriated by the annual Budget Act for the purpose of developing and adopting primary language assessments that are aligned to the state academic content standards. This bill would authorize the department, subject to approval by the state board, to make these primary language assessments available to school districts to assess their nonlimited-English-proficient pupils who are enrolled in a dual language immersion program and their redesignated fluent-English-proficient pupils. The bill would require a school district that chooses to administer a primary language assessment pursuant to this authority to do so at its own expense. (5) Existing law makes the Greene Act inoperative on July 1, 2013, and repeals it on January 1, 2014. This bill would make the act inoperative on July 1, 2014, and would repeal the act as of January 1, 2015. By extending the time period during which school districts are required to perform various duties relating to the administration of achievement tests, the bill would impose a state-mandated local program. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. This act shall be known and may be cited as the Curriculum Support and Reform Act of 2011. SEC. 2. (a) The Legislature finds and declares all of the following: (1) California's pupils need and deserve access to instructional programs that reflect the knowledge and skills that will prepare them to be successful in college, careers, citizenship, and the global economy. (2) To ensure that all pupils are provided with resources and learning expectations necessary to succeed and be competitive in the 21st century, it is imperative that the state's curriculum and assessment system be based on high-quality, research- and evidence-based academic content standards and promote creativity, innovation, critical thinking, problem solving, collaboration, and communication skills in all content areas. (3) The state's current testing system includes grade level and course specific tests, alternative and modified assessments for pupils with special needs, primary language content tests in Spanish, an English language development test, a high school exit examination, and physical fitness tests. (4) Extending much of the state assessment system by an additional year will allow the Legislature to examine current federal initiatives and the call for the development of common assessment, and to position the state's assessments in a manner that will allow the state to adapt to changes in federal law, including the reauthorization of the federal Elementary and Secondary Education Act, before considering proposals for the reauthorization of the state assessment system. (5) The recent adoption of California's new common core content standards will only have an impact on the academic achievement of the state's pupils if the state works to support teachers and improve instruction by developing and adopting curriculum frameworks, instructional materials, professional development, and assessments that are aligned to the standards and appropriate for all pupils. (b) It is the intent of the Legislature, in enacting this act, to do all of the following: (1) Start a process for the development and adoption of curriculum frameworks and instructional materials that are aligned to the state' s common core academic content standards. (2) Extend the operative date of the state's assessment system by one year and position the state's assessments in a manner that will give the state flexibility to adapt to changes in federal law and transition to high-quality assessments that are aligned to the common core standards. (3) Create professional development training opportunities that support teachers in delivering to all pupils curriculum and instruction that are aligned to the state's common core academic standards. SEC. 3. Section 60200.1 of the Education Code is repealed.  60200.1. (a) (1) The instructional materials described in paragraph (1) of subdivision (a) of Section 60200 shall be submitted to the state board for adoption in 2008. (2) The instructional materials for foreign languages shall be submitted to the state board for adoption in 2012. (3) The instructional materials for health shall be submitted to the state board for adoption in 2013. (b) Notwithstanding any other provision of law, the requirement in paragraph (6) of subdivision (c) of Section 60200 that other criteria be approved at least 30 months before the date that the materials are to be approved for adoption shall not apply if all of the following conditions are met: (1) The criteria adopted are consistent with the content standards adopted by the state board in each of the four core content areas for which standards are adopted. (2) The schedule for the adoption of instructional materials requires instructional materials for history-social science to be adopted in November 2011, and instructional materials for science to be adopted by November 2012. (3) The state board approves criteria for the adoption of instructional materials in history-social science at least 18 months before the state board adopts instructional materials in history-social science. (4) The state board approves the criteria for the adoption of instructional materials for science at least 24 months before the state board adopts instructional materials in science.  SEC. 4. Section 60200.8 is added to the Education Code, to read: 60200.8. Notwithstanding Section 60200.7, instructional materials aligned to the content standards adopted pursuant to Section 60605.8 shall be submitted for adoption as follows: (a) Mathematics in 2014. (b) English language arts in 2016. SEC. 5. 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 such   that  information.  (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.   (1) 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, 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.   (2) The criteria also shall include directions 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.   (f)   (c)  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. 6. Section 60207 is added to the Education Code, to read: 60207. (a) Notwithstanding Section 60200.7, the state board shall adopt revised curriculum frameworks and evaluation criteria that are aligned to the content standards adopted pursuant to Section 60605.8 for mathematics and English language arts no later than December 31, 2012, and March 1, 2013, respectively. (b) 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 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. (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 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. SEC. 7. Section 60208 is added to the Education Code, to read: 60208. It is the intent of the Legislature to do all of the following: (a) Provide to local educational agencies a process that is consistent with the implementation of standards-based curricula and the principle of local control and by which they may identify, evaluate, and recommend instructional materials for adoption to the state board. (b) Ensure that school districts are provided with as many standards-aligned instructional material options as possible, so that educators may have many rigorous options in choosing the best materials that meet the needs of all pupils, including English learners and pupils with disabilities, and that ensure that their pupils are able to master the academic content standards adopted by the state board pursuant to Section 60605.8. (c) Offer opportunities for professional development training to teachers to support the transition to and implementation of the state' s common core academic content standards adopted by the state board pursuant to Section 60605.8. SEC. 8. Section 60601 of the Education Code is amended to read: 60601. This chapter shall become inoperative on July 1,  2013   2014  , and as of January 1,  2014   2015  , is repealed, unless a later enacted statute that is enacted before January 1,  2014   2015  , deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 9. Section 60640.1 is added to the Education Code, to read: 60640.1. Subject to approval by the state board, the department may make a primary language assessment developed pursuant to subparagraph (A) of paragraph (3) of subdivision (f) of Section 60640 available to school districts to assess their nonlimited-English-proficient pupils, as defined in Section 60643, who are enrolled in a dual language immersion program that includes the primary language of the assessment, and their redesignated fluent-English-proficient pupils. A school district that chooses to administer a primary language assessment pursuant to this subdivision shall do so at its own expense and shall enter into an agreement for that purpose with the state testing contractor, as described in subparagraph (C) of paragraph (3) of subdivision (f) of Section 60640, subject to the approval of the department. The cost for the assessment shall be the same for all school districts and shall not exceed the marginal cost of the assessment. SEC. 10. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.