Bill Text: CA AB250 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Instructional materials: pupil assessment.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-10-08 - Chaptered by Secretary of State - Chapter 608, Statutes of 2011. [AB250 Detail]
Download: California-2011-AB250-Amended.html
Bill Title: Instructional materials: pupil assessment.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-10-08 - Chaptered by Secretary of State - Chapter 608, Statutes of 2011. [AB250 Detail]
Download: California-2011-AB250-Amended.html
BILL NUMBER: AB 250 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 15, 2011
AMENDED IN SENATE JUNE 29, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY APRIL 27, 2011
INTRODUCED BY Assembly Member Brownley
FEBRUARY 3, 2011
An act to amend Sections 33530, 33531, 33532, 33533,
33534, 33535, 33536, 33537, 33538, 33539, 33540, 60010, 60200, 60203,
33539, 60010, 60204, 60601, 60603, and 60604.5
of, to add Sections 60207 and 60208 to, and to repeal Section 60200.1
of, the Education Code, relating to instructional materials.
LEGISLATIVE COUNSEL'S DIGEST
AB 250, as amended, Brownley. Instructional materials: pupil
assessment.
(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, as defined, and authorizes the
state 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
2015-16 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.
(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 English language arts no
later than May 30, 2013, and May 30, 2014, respectively. The bill
would require state board policies to ensure that the English
language arts 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 core
subjects of mathematics, science, and history-social science. 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 4 core subjects of mathematics, science,
history-social science, and English language arts. The bill would
require the curriculum frameworks to describe the manner in which
content can be delivered to intentionally build pupil creativity,
innovation, critical thinking, problem solving, collaboration, and
communication into and across each content area.
(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 rename the commission the Instructional Quality
Advisory Committee, Commission and
would make conforming changes. The bill also would
also 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 specified directions to
publishers , and would require the committee to
perform additional prescribed functions.
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, and ensure that school districts are provided with as
many standards-aligned instructional material options as possible.
The bill would require the Superintendent to develop a
system of professional development for teachers and administrators
that includes specified topics model professional
development modules, as specified, and to report to the state board
on the development of those modules .
The bill would require the Superintendent and authorize school
districts to recommend to the state board instructional materials for
its adoption, and would require the state board to adopt procedures
for the review of those instructional materials by the Superintendent
and school districts, as specified. The bill would require the State
Department of Education to assess a reasonable fee on a publisher or
manufacturer if it submits instructional materials for review after
the applicable timeframe, as specified.
(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 makes the Greene Act
inoperative on July 1, 2013, and repeals it on January 1, 2014.
This bill would require the Superintendent to develop
recommendations, to be reported to the fiscal and appropriate policy
committees of both houses of the Legislature on or before November 1,
2012, for the reauthorization of the statewide pupil assessment
program and would require the recommendations to include a plan for
transitioning to a system of high-quality assessments. The bill would
require the recommendations to consider including specified
characteristics in the reauthorized assessment system.
The bill would define, for purposes of the Greene Act, formative
assessment, high-quality assessment, and interim assessment.
The bill would make the Greene 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.
(5) This bill would make implementation of its provisions subject
to the appropriation of funding for this purpose.
(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 successful in college, careers,
and citizenship, it is vital for educators to move beyond a focus on
basic competency in core subjects to promote deeper learning and
understanding of academic content at significantly higher levels by
focusing on critical thinking, communications, collaboration, and
creativity.
(3) 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.
(4) To ensure that all California pupils are provided the
curriculum content necessary to be competitive in the 21st century,
it is essential that these pupils be taught by highly qualified and
effective teachers who are trained in strategies that promote
creativity, exploration, innovation, critical thinking, problem
solving, collaboration, and communication skills as well as the
academic content standards.
(5) To ensure that California schools will prepare pupils to be
competitive in the 21st century, it is necessary that school and
school district administrators be trained not only in the academic
content standards and the state's high-quality assessment system, but
also in instructional leadership and management strategies that
include, but are not limited to, pedagogies of learning, motivation
of pupil learning, collaboration, respect for diversity, parental
involvement, staff relations and morale, and general training in
day-to-day school operations.
(6) 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.
(7) 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 assessments,
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.
(8) The recent adoption of California's new common core academic
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) Develop a curriculum, instruction, and assessment system to
implement the common core state standards that intentionally does
both of the following:
(A) Focuses on integrating 21st century skills, including critical
thinking, problem solving, communication, collaboration, creativity,
and innovation, as a competency-based approach to learning in all
core academic content areas, including English language arts,
mathematics, history-social science, science, health education,
visual and performing arts, and world languages.
(B) Promotes higher order thinking skills and interdisciplinary
approaches that integrate the use of supportive technologies,
inquiry, and problem-based learning to provide contexts for pupils to
apply learning in relevant, real-world scenarios and that prepare
pupils for college, career, and citizenship in the 21st century.
(2) Start a process for the development and adoption of curriculum
frameworks that are aligned to the state's common core academic
content standards , build upon the state's previous
accomplishments, and integrate successful practices from other state
initiatives implementing the common core academic content standards
.
(3) Create and sustain professional development training
opportunities that support teachers and administrators in delivering
to all pupils curriculum and instruction that are aligned to the
state's common core academic content standards.
(4) 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 academic content standards.
SEC. 3. Section 33530 of the Education Code is amended to read:
33530. (a) There is in the state government the Instructional
Quality Advisory Committee Commission
consisting of a Member of the Assembly appointed by the Speaker of
the Assembly, a Member of the Senate appointed by the Senate
Committee on Rules, one public member appointed by the Speaker of the
Assembly, one public member appointed by the Senate Committee on
Rules, one public member appointed by the Governor, and 13 public
members appointed by the state board upon the recommendation of the
Superintendent or the members of the state board.
(b) So far as is practical and consistent with the duties assigned
to the committee commission by the
state board, at least seven of the 13 public members appointed by the
state board shall be persons, who because they have taught, written,
or lectured on the subject matter fields specified in Section 33533,
in the course of public or private employment, have become
recognized authorities or experienced practitioners in those fields.
The state board shall make its appointments to ensure that, at any
one time, at least seven of the public members shall be current
classroom teachers, or mentor teachers, or both assigned to teach
kindergarten or any of grades 1 to 12, inclusive.
(c) Notwithstanding the requirement that seven of the public
members shall be current classroom teachers or mentor teachers,
current members of the committee commission
who were appointed on or before December 31, 1989, shall be
allowed to complete their terms.
(d) In making the remaining appointments to the committee
commission , and in establishing the
committee's commission's advisory task forces or
committees, the state board is encouraged to consider the role of
other representatives of the educational community in the development
of curriculum and instructional materials, including, but not
limited to, administrators, governing school board members, and
parents who are reflective of the various ethnic groups and types of
school districts in California.
SEC. 4. Section 33531 of the Education Code is
amended to read:
33531. (a) The Members of the Legislature appointed to the
committee pursuant to Section 33530 shall have the powers and duties
of a joint legislative committee on the subject of curriculum
development and supplemental materials, and shall meet with, and
participate in, the work of the committee to the extent that
participation is not incompatible with their positions as Members of
the Legislature.
(b) The Members of the Legislature appointed to the committee
shall serve at the pleasure of the appointing power.
SEC. 5. Section 33532 of the Education Code is
amended to read:
33532. (a) Committee members shall serve for four-year terms, and
shall not be eligible to serve more than one full term. Prior
service on the committee for a term of less than three years
resulting from an initial appointment or an appointment for the
remainder of an unexpired term shall not be counted as a full term.
(b) With respect to the appointment of 13 public members by the
state board to the first committee, four shall be appointed for terms
of two years, four shall be appointed for terms of three years, and
five shall be appointed for a term of four years.
SEC. 6. Section 33533 of the Education Code is
amended to read:
33533. The Superintendent and the state board shall consider for
membership on the committee persons representing subjects commonly
taught in public schools, including:
(a) English.
(b) Social sciences.
(c) Foreign languages.
(d) Science.
(e) Mathematics.
(f) Visual and performing arts.
(g) Applied arts.
(h) Conservation education.
SEC. 7. Section 33534 of the Education Code is
amended to read:
33534. The Superintendent or his or her representative shall
serve as executive secretary to the committee.
SEC. 8. Section 33535 of the Education Code is
amended to read:
33535. The members of the committee shall serve without
compensation, except that they shall receive their actual and
necessary travel expenses in attending meetings of the committee and
in attending meetings of any subcommittee of the committee of which
they are members. Expenses of the committee shall be paid out of
appropriations made to the Superintendent or the State Department of
Education.
SEC. 9. Section 33536 of the Education Code is
amended to read:
33536. The committee shall select one of its members to be
chairman of the committee.
SEC. 10. Section 33537 of the Education Code is
amended to read:
33537. Whenever an employee of any public school district, state
college, or other public agency is appointed to membership on the
committee, his or her employer shall grant him or her sufficient time
away from his or her regular duties, without loss of income or other
benefits to which he or she is entitled by reason of his or her
employment, to attend meetings of the committee and to attend to the
duties imposed upon him or her by reason of his or her membership on
the committee. The employer of a committee member may make available
the stenographic, secretarial, and staff assistance that is
reasonably necessary to enable him or her to execute the duties
imposed upon him or her by reason of his or her membership on the
committee.
SEC. 11. Section 33538 of the Education Code is
amended to read:
33538. The committee shall study problems of courses of study in
the schools of the state and shall, upon request of the state board,
recommend to the state board the adoption of minimum standards for
courses of study in preschool, kindergarten, elementary, and
secondary schools. Courses of study in the public schools shall
conform to those minimum standards when adopted.
SEC. 12. SEC. 4. Section 33539 of
the Education Code is amended to read:
33539. As used in this article, "committee"
"commission" means the Instructional Quality
Advisory Committee Commission .
SEC. 13. Section 33540 of the Education Code is
amended to read:
33540. (a) The state board and the department shall request that
the committee review and revise, as necessary, the course
requirements in the history-social science framework developed by the
History-Social Science Curriculum Framework and Criteria Committee
of the state board to ensure that minimum standards for courses in
American government and civics include sufficient attention to
teaching pupils how to interact, in a practical manner, with state
and local governmental agencies and representatives to solve problems
and to petition for changes in laws and procedures.
(b) When the history-social science framework is revised as
required by law, the committee shall ensure that the following
historical documents are incorporated into the framework, as
appropriate:
(1) The Declaration of Independence.
(2) The United States Constitution, including the Bill of Rights.
(3) The Federalist Papers.
(4) The Emancipation Proclamation.
(5) The Gettysburg Address.
(6) George Washington's Farewell Address.
SEC. 14. SEC. 5. Section 60010 of
the Education Code is amended to read:
60010. For purposes of this part, the following terms have the
following meanings unless the context in which they appear clearly
requires otherwise:
(a) "Basic instructional materials" means instructional materials
that are designed for use by pupils as a principal learning resource
and that meet in organization and content the basic requirements of
the intended course.
(b) "Committee" "Commission" means
the Instructional Quality Advisory Committee
Commission .
(c) "Curriculum framework" means an outline of the components of a
given course of study designed to provide state direction to school
districts in the provision of instructional programs.
(d) "District board" means the board of education or governing
board of a county, city and county, city, or other district that has
the duty to provide for the education of the children in its county,
city and county, city, or district.
(e) "Elementary school" means all public schools in which
instruction is given through grade 8 or in any one or more of those
grades.
(f) "Governing boards" means the state board and any one or more
district boards.
(g) "High school" means all public schools other than elementary
schools in which instruction is given through grade 12, or in any one
or more of those grades.
(h) "Instructional materials" means all materials that are
designed for use by pupils and their teachers as a learning resource
and help pupils to acquire facts, skills, or opinions or to develop
cognitive processes. Instructional materials may be printed or
nonprinted, and may include textbooks, technology-based materials,
other educational materials, and tests.
(i) "Nonpublic school" means a school that both satisfies the
requirements of Section 48222, and is exempt from taxation under
Section 214 of the Revenue and Taxation Code.
(j) "School official" means a member of a governing board, a city,
county, city and county, or district superintendent of schools, and
a principal, teacher, or other employee under his or her charge.
(k) "State board" means the State Board of Education.
( l ) "Supplementary instructional materials" means
instructional materials designed to serve, but not be limited to, one
or more of the following purposes, for a given subject, at a given
grade level:
(1) To provide more complete coverage of a subject or subjects
included in a given course.
(2) To provide for meeting the various learning ability levels of
pupils in a given age group or grade level.
(3) To provide for meeting the diverse educational needs of pupils
with a language disability in a given age group or grade level.
(4) To provide for meeting the diverse educational needs of pupils
reflective of a condition of cultural pluralism.
(5) To use current, relevant technology that further engages
interactive learning in the classroom and beyond.
(m) (1) "Technology-based materials" means basic or supplemental
instructional materials that are designed for use by pupils and
teachers as learning resources and that require the availability of
electronic equipment in order to be used as a learning resource.
Technology-based materials include, but are not limited to, software
programs, video disks, compact disks, optical disks, video and
audiotapes, lesson plans, and databases.
(2) Technology-based materials do not include the electronic
equipment required to make use of those materials, unless that
equipment is to be used by pupils and teachers as a learning
resource. However, this shall not be construed to authorize a school
district to replace computers or related equipment in an existing
computer lab or allow a school district to establish a new computer
lab.
(3) Nothing in this subdivision shall be construed to
This subdivision does not relieve a school
district of the obligation to provide pupils with sufficient
textbooks or instructional materials pursuant to paragraph (1) of
subdivision (c) of Section 60119. If a county office of education
determines that a school district is out of compliance with paragraph
(1) of subdivision (c) of Section 60119, that school district is not
authorized to procure electronic equipment pursuant to paragraph (2)
of this subdivision.
(n) "Test" means a device used to measure the knowledge or
achievement of pupils.
SEC. 15. 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
subject areas:
(1) Language arts, including, but not limited to, spelling and
reading. However, the state board may 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. The state board may 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) Any other subject, discipline, or interdisciplinary areas for
which the state board determines the adoption of instructional
materials to be necessary or desirable.
(b) The state board shall adopt procedures for the submission of
basic instructional materials and for review of submitted
instructional materials by the Superintendent and school districts in
order to comply with each of the following:
(1) The Superintendent shall, and school districts may, submit
instructional materials for review in any of the subject areas
pursuant to paragraphs (1) to (6), inclusive, of subdivision (a)
every eight years. The state board shall ensure that curriculum
frameworks are reviewed and adopted in each subject area and that the
criteria for evaluating instructional materials developed pursuant
to subdivision (b) of Section 60204 are consistent with subdivision
(d). 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) If a publisher or manufacturer submits an instructional
material for review to the Superintendent after the timeframe
specified by the state board, the department shall assess a fee on
the submitting publisher or manufacturer in an amount that shall not
exceed the reasonable costs to the department to conduct a review of
the instructional material pursuant to this section.
(3) Instructional materials recommended by the Superintendent or a
school district for adoption by the state board shall be adopted or
rejected within six months of the date the materials are recommended
by the Superintendent or a school district, 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.
(4) Instructional materials submitted by school districts may be
developed by either a district or by publishers or manufacturers of
instructional materials. Publishers or manufacturers of instructional
materials may submit instructional materials to either a school
district or to the Superintendent.
(5) The process for review of instructional materials shall
involve review committees, which shall include, but not be limited
to, volunteer content experts and instructional material reviewers,
and shall be composed of a majority of classroom teachers from a wide
variety of affected grade levels and subject areas.
(6) The rules and procedures for adoption of instructional
materials shall be transparent and consistently applicable regardless
of the format of the instructional materials, which may include, but
not be limited to, print, digital, and open-source instructional
materials.
(c) (1) The Superintendent and school districts may recommend to
the state board instructional materials for its adoption and use in
kindergarten and grades 1 to 8, inclusive.
(2) The Superintendent or a school district may recommend only
instructional materials that meet the criteria specified in
paragraphs (1) to (5), inclusive, of subdivision (d) and any other
criteria that the state board may establish as necessary to
accomplish the intent of Section 7.5 of Article IX of the California
Constitution.
(3) When the Superintendent and school districts recommend
instructional materials to the state board, they shall include
reports of findings that include information regarding alignment of
standards, program organization, pupil assessments, teacher support,
and support for English learners and pupils with disabilities.
(4) The governing board of a school district choosing to recommend
instructional materials to the state board shall ensure that a
majority of a review committee convened by the school district for
the purpose of selecting the instructional materials is comprised of
classroom teachers who are assigned to teach the grade in which the
instructional materials are to be used.
(d) 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) Are aligned to the content standards adopted by the state
board in the subject area and 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 state 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 before the date
that the materials are to be approved for adoption.
(e) 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 (d). In providing this
explanation, the state board may use, in whole or in part, materials
written by the Superintendent, school districts, or any other
advisers to the state board.
(f) 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(d), 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.
(g) This section does not limit the authority of the state board
to adopt materials that are not basic instructional materials.
(h) If the governing board of a school district 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 school district, the state board shall authorize that governing
board of the school district 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.
(i) 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.
(j) 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 state 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 to school districts and posted on the
department's Internet Web site and shall include information from the
reports of findings pursuant to paragraph (3) of subdivision (c).
The lists shall terminate and shall no longer be effective on the
date prescribed by the state board pursuant to this subdivision.
(k) 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.
(l) A composite listing in the format of an order form may be used
to meet the requirements of this section.
(m) The lists maintained pursuant to this section shall not be
deemed to control the use period by any school district.
(n) 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 (d).
(o) 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.
(p) The state board may adopt regulations that provide for other
exceptions to this section, as determined by the board.
(q) The Superintendent shall develop, and the state board shall
adopt, guidelines to implement this section.
SEC. 16. SEC. 6. Section 60200.1 of
the Education Code is repealed.
SEC. 17. Section 60203 of the Education Code is
amended to read:
60203. The state board shall hold a public hearing before
adopting instructional materials for use in the elementary schools of
the state.
SEC. 18. SEC. 7. Section 60204 of
the Education Code is amended to read:
60204. The Instructional Quality Advisory Committee
Commission established pursuant to Section 33530
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 committee
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.
(1) The criteria for English language arts instructional materials
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, the needs of all English learners. The criteria for other
subject areas shall include directions to publishers to incorporate
strategies for English learners that are consistent with the English
language development standards.
(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.
(c) Review reports of findings made by the Superintendent or by
school districts pursuant to paragraph (3) of subdivision (c) of
Section 60200, at the request of the state board, and review
instructional materials, as necessary.
(d) Hear appeals at the request of the state board.
(e) Give independent advice to the state board about whether
instructional materials meet the evaluation criteria developed
pursuant to subdivision (b).
(c) Study and evaluate instructional materials submitted for
adoption.
(d) Recommend instructional materials for adoption to the state
board.
(f)
(e) 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.
(g)
(f) Advise and make recommendations to the state board,
including, but not limited to, what policies and activities are
needed to implement the common core state's
academic content standards, and bring the state's curriculum
frameworks, instructional materials, professional development
programs, pupil assessments, and academic accountability systems into
alignment with those standards.
SEC. 19. SEC. 8. 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 May 30,
2013, and May 30, 2014, respectively.
(b) State board policies shall ensure that the English language
arts 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 core subjects of
mathematics, science, and history-social science.
(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.
(d) Each curriculum framework that the state board adopts shall
describe, to the extent the state board deems appropriate, the manner
in which content can be delivered to intentionally build all of the
following skills into and across each content area:
(1) Creativity and innovation, including, but not limited to,
thinking creatively, working creatively with others, and implementing
innovations.
(2) Critical thinking and problem solving, including, but not
limited to, reasoning effectively, using systems thinking, making
judgments and decisions, and solving problems.
(3) Collaboration, including, but not limited to, working
effectively in diverse teams, adapting to change and being flexible,
demonstrating initiative and self-direction, working independently,
demonstrating productivity and accountability, and demonstrating
leadership and responsibility.
(4) Communication, including, but not limited to, communicating
clearly and effectively through reading, writing, and speaking.
(5) Construction and exploration of new understandings of
knowledge through the integration of content from one subject area to
another and to provide pupils with multiple modes for demonstrating
innovative learning.
SEC. 20. SEC. 9. Section 60208 is
added to the Education Code, to read:
60208. (a) It is the intent of the Legislature to do both of the
following:
(1) Provide to local educational agencies a process that involves
teachers, and 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.
(2) Consistent with Section 60200.7, ensure that school districts
are provided with as many high-quality 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.
(b) The Superintendent, in consultation with teachers
collaboration with the state board, teachers of
various grade levels and subject areas , district and county
office of education curriculum administrators selected from
various geographic areas , professional development training
experts, and representatives from postsecondary institutions or other
educational agencies and organizations, as deemed appropriate by the
Superintendent, shall develop a system of professional
development for teachers and administrators that includes, but is not
limited to, do all of the following:
(1) Model professional development modules for teachers,
principals, and other school leaders.
(2) Criteria
(1) Develop criteria to guide the
development of the model professional development
modules that provide critical information and strategies to be
used as the common core academic content standards are implemented
. The criteria shall be based on the California Standards for
the Teaching Professions and developed in consideration of the
National Staff Development Council's Standards for Staff Development.
(3) The use of assessments and data to support teaching and
learning.
(4) Model
(2) Develop model
professional development modules for teachers, principals, and
school leaders that incorporate, make use of, and build upon existing
professional development programs and opportunities currently
available at the local, state, and national levels to deepen
the understanding of at least all of the following:
(A) The common core academic content standards.
(B) Curriculum frameworks.
(C) English language development standards.
(D)
(B) Instructional strategies to support the learning of
all pupils, including English learners, pupils with disabilities,
and underperforming pupils.
(E)
(C) Instructional strategies that promote creativity,
innovation, critical thinking, problem solving, collaboration, and
communication skills in all academic content areas.
(F) The use of instructional technology.
(G)
(D) The integration of subject content knowledge.
(H)
(E) Instructional leadership and coaching.
(5) Professional development opportunities for teachers,
principals, and school leaders.
(6)
(c) Model professional development modules ,
available through multiple delivery shall be designed
for delivery through various methods, including, but not
limited to, school-based and web-based delivery.
(c) Consult with teachers, including, but not limited to,
consulting with credentialed employees selected from a wide variety
of affected grade levels, subject areas, and geographical areas.
(d) The Superintendent shall report to the state board on the
development pursuant to subdivision (b) of the model professional
development modules.
SEC. 21. SEC. 10. Section 60601 of
the Education Code is amended to read:
60601. This chapter shall become inoperative on July 1, 2014, and
as of January 1, 2015, is repealed, unless a later enacted statute
that is enacted before January 1, 2015, deletes or extends the dates
on which it becomes inoperative and is repealed.
SEC. 22. SEC. 11. Section 60603 of
the Education Code is amended to read:
60603. As used in this chapter:
(a) "Achievement test" means any standardized test that measures
the level of performance that a pupil has achieved in the core
curriculum areas.
(b) "Assessment of applied academic skills" means a form of
assessment that requires pupils to demonstrate their knowledge of,
and ability to apply, academic knowledge and skills in order to solve
problems and communicate. It may include, but is not limited to,
writing an essay response to a question, conducting an experiment, or
constructing a diagram or model. An assessment of applied academic
skills may not include assessments of personal behavioral standards
or skills, including, but not limited to, honesty, sociability,
ethics, or self-esteem.
(c) "Basic academic skills" means those skills in the subject
areas of reading, spelling, written expression, and mathematics that
provide the necessary foundation for mastery of more complex
intellectual abilities, including the synthesis and application of
knowledge.
(d) "Content standards" means the specific academic knowledge,
skills, and abilities that all public schools in this state are
expected to teach and all pupils expected to learn in each of the
core curriculum areas, at each grade level tested.
(e) "Core curriculum areas" means the areas of reading, writing,
mathematics, history-social science, and science.
(f) "Diagnostic assessment" means interim assessments of the
current level of achievement of a pupil that serves both of the
following purposes:
(1) The identification of particular academic standards or skills
a pupil has or has not yet achieved.
(2) The identification of possible reasons that a pupil has not
yet achieved particular academic standards or skills.
(g) "Direct writing assessment" means an assessment of applied
academic skills that requires pupils to use written expression to
demonstrate writing skills, including writing mechanics, grammar,
punctuation, and spelling.
(h) "End of course exam" means a comprehensive and challenging
assessment of pupil achievement in a particular subject area or
discipline.
(i) "Formative assessment" means assessment tools and processes
that are embedded in instruction and are used by teachers and pupils
to provide timely feedback for purposes of adjusting instruction to
improve learning.
(j) "High-quality assessment" means an assessment designed to
measure a pupil's knowledge of, understanding of, and ability to
apply critical concepts through the use of a variety of item types
and formats, including, but not limited to, items that allow for
open-ended responses and items that require the completion of
performance-based tasks. A high-quality assessment should have the
following characteristics:
(1) Enable measurement of pupil achievement and pupil growth.
(2) Be of high technical quality by being valid, reliable, fair,
and aligned to standards.
(3) Incorporate technology where appropriate.
(4) Include the assessment of pupils with disabilities and English
learners.
(5) Use, to the extent feasible, universal design principles, as
defined in Section 3 of the federal Assistive Technology Act of 1998
(29 U.S.C. Sec. 3002) in its development and administration.
(k) "Interim assessment" means an assessment that is given at
regular and specified intervals throughout the school year, is
designed to evaluate a pupil's knowledge and skills relative to a
specific set of academic standards, and produces results that can be
aggregated by course, grade level, school, or local educational
agency in order to inform teachers and administrators at the pupil,
classroom, school, and local educational agency levels.
(l) "Performance standards" are standards that define various
levels of competence at each grade level in each of the curriculum
areas for which content standards are established. Performance
standards gauge the degree to which a pupil has met the content
standards and the degree to which a school or school district has met
the content standards.
(m) "Publisher" means a commercial publisher or any other public
or private entity, other than the department, which is able to
provide tests or test items that meet the requirements of this
chapter.
(n) "Statewide pupil assessment program" means the systematic
achievement testing of pupils in grades 2 to 11, inclusive, pursuant
to the standardized testing and reporting program under Article 4
(commencing with Section 60640) and the assessment of basic academic
skills and applied academic skills, administered to pupils in grade
levels specified in subdivision (c) of Section 60605, required by
this chapter in all schools within each school district by means of
tests designated by the state board.
SEC. 23. SEC. 12. Section 60604.5 of
the Education Code is amended to read:
60604.5. (a) It is the intent of the Legislature that the
reauthorization of the statewide pupil assessment program include all
of the following:
(1) A plan for transitioning to a system of high-quality
assessments.
(2) Alignment with the standards developed pursuant to subdivision
(d) of Section 60605.8.
(3) Any common assessments aligned with the standards developed
pursuant to subdivision (d) of Section 60605.8.
(4) Conformity to the assessment requirements of any
reauthorization of the federal Elementary and Secondary Education Act
or any other federal law that effectively replaces that act.
(b) The Superintendent shall develop recommendations for the
reauthorization of the statewide pupil assessment program. The
recommendations shall include, but not be limited to, a plan for
transitioning to a system of high-quality assessments. The
recommendations shall consider including all of the following in the
reauthorized assessment system:
(1) Aligning the assessments to the standards adopted or revised
pursuant to Section 60605.8.
(2) Implementing and incorporating any common assessments aligned
with the common set of standards developed by the Common Core State
Standards Initiative consortium or other interstate collaboration in
which the state participates.
(3) Conforming to the assessment requirements of any
reauthorization of the federal Elementary and Secondary Education Act
(20 U.S.C. Sec. 6301 et seq.) or any other federal law that
effectively replaces that act.
(4) Enabling the valid, reliable, and fair measurement of
achievement at a point in time and over time for groups and subgroups
of pupils, and for individual pupils.
(5) Allowing the comparison from one year to the next of an
individual pupil's scale scores in each content area tested, so as to
reflect the growth in that pupil's actual scores over time.
(6) Enabling and including the valid, reliable, and fair
measurement of achievement of all pupils, including pupils with
disabilities and English learners.
(7) Ensuring that no aspect of the system creates any bias with
respect to race, ethnicity, culture, religion, gender, or sexual
orientation.
(8) Incorporating a variety of item types and formats, including,
but not limited to, open-ended responses and performance-based tasks.
(9) Generating multiple measures of pupil achievement, which, when
combined with other measures, can be used to determine the
effectiveness of instruction and the extent of learning.
(10) Including the assessment of science and history-social
science in all grade levels at or above grade 4.
(11) Assessing a pupil's understanding of and ability to use the
technology necessary for success in the 21st century classroom and
workplace.
(12) Providing for both formative and interim assessments, as
those terms are defined in this chapter, in order to provide timely
feedback for purposes of continually adjusting instruction to improve
learning.
(13) Making use of test administration and scoring technologies
that will allow the return of test results to parents and teachers as
soon as is possible in order to support instructional improvement.
(14) Minimizing testing time while not jeopardizing the validity,
reliability, fairness, or instructional usefulness of the assessment
results.
(15) Including options for diagnostic assessments for
pupils in grade 2.
(c) In developing the recommendations pursuant to this section,
the Superintendent shall consult with all of the following:
(1) The state board.
(2) The committee advising the Superintendent on the Academic
Performance Index pursuant to subdivision (a) of Section 52052.5.
(3) Measurement experts from California's public and private
universities.
(4) Individuals with expertise in assessing pupils with
disabilities and English learners.
(5) Teachers, administrators, and governing board members, from
California's local educational agencies.
(6) Parents.
(d) The Superintendent shall report the recommendations developed
pursuant to this section to the fiscal and appropriate policy
committees of both houses of the Legislature on or before November 1,
2012.
SEC. 24. SEC. 13. Implementation of
this act is subject to the appropriation of funding for this purpose
in the annual Budget Act or other measure.
SEC. 25. SEC. 14. 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.
