BILL NUMBER: SB 140 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 29, 2011
AMENDED IN SENATE MAY 24, 2011
INTRODUCED BY Senator Lowenthal
JANUARY 31, 2011
An act to add Section 60605.86 to and
repeal Sections 602 09, 60227.5, and 60605.86 of the
Education Code, relating to pupil instruction.
LEGISLATIVE COUNSEL'S DIGEST
SB 140, as amended, Lowenthal. Instructional materials:
common core materials and academic content
standards.
Existing
(1) Existing law requires the State Board of Education to adopt
basic instructional materials for use in kindergarten and grades 1 to
8, inclusive, and authorizes the state board to establish criteria
for that purpose. Existing law requires the state board in reviewing
and adopting instructional materials to use specified criteria and
ensure that, in its judgment, the submitted instructional materials
meet all of the specified criteria.
This bill would require the State Department of Education to
assess a fee on each publisher or manufacturer that chooses to
participate in the 8th grade mathematics instructional materials
adoption process, and would require the fee to comply with specified
requirements. The bill would require the department to provide
specified notice to publishers and manufacturers before commencing
the adoption process for 8th grade mathematics instructional
materials. The bill would prohibit a publisher or manufacturer's 8th
grade mathematics instructional materials from being reviewed for
purposes of adoption until the fee is paid in full. The bill would
authorize the department to reduce the fee for participation in the
8th grade mathematics instructional materials adoption process upon
the request of a small publisher or manufacturer, as defined. The
bill would require the adoption of 8th grade mathematics
instructional materials by the state board in accordance with this
adoption process to be considered the adoption of instructional
materials that are aligned to the common core academic content
standards for 8th grade mathematics.
(2) Existing law establishes the
Academic Content Standards Commission, consisting of 12
appointed members, as specified. The commission is required
and requires the commission to develop academic content
standards in language arts and mathematics and to present its
recommended academic content standards to the State Board of
Education. Existing law requires at least 85% of these standards to
be the common core academic standards developed by the Common Core
State Standards Initiative consortium or any associated or related
interstate collaboration. Existing law requires the state board to
adopt or reject the academic content standards. Existing law exempts
instructional materials that are aligned to these standards from the
requirement that the state board adopt any additional criteria that
instructional materials will be required to meet at least 30 months
before the materials are to be approved for adoption.
This bill would require the State Department of Education ,
on a one time basis, to develop a list, on or before July 1,
2012, of supplemental instructional materials for use in kindergarten
and grades 1 to 8, inclusive, that are aligned with California's
common core academic content standards in language arts and
mathematics. The bill would require the state board to either approve
or reject the supplemental instructional materials as proposed by
the department. The bill also would permit the governing boards of
school districts to approve supplemental instructional materials
other than those approved by the state board if the governing board
determines that other supplemental instructional materials are
aligned with the common core academic content standards and meet the
needs of the pupils of the district. The bill would require the
department to maintain on its Internet Web site a list of
supplemental instructional materials approved by the state board.
This bill would also require the department to recommend, and the
state board to approve, content review experts to review, in an open
and transparent process, instructional materials submitted for
approval in the subject areas of mathematics and English language
arts, as specified.
(3) The provisions of the bill would become inoperative on July 1,
2014, and would be repealed on July 1, 2015.
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. The Legislature finds and declares all of the
following:
(a) California and 40 other states have adopted common core
academic content standards in language arts and mathematics to
provide consistent and clear expectations of what pupils need to
learn to compete in a global economy.
(b) Eighty-five percent of the standards are common across the
nation, with 15 percent being unique to California.
(c) It is the intent of the Legislature that the state collaborate
with other states in the development of instructional materials to
realize efficiencies, particularly for the 85 percent of the
standards that are common across the nation.
SEC. 2. Section 60209 is added to the
Education Code , to read:
60209. (a) The department shall recommend, and the state board
shall approve, content review experts. The content experts shall
review, in an open and transparent process, instructional materials
submitted for approval in the subject areas of mathematics,
including, but not limited to, 8th grade mathematics, and English
language arts.
(b) The majority of content review experts approved pursuant to
subdivision (a) shall be teachers who are credentialed in the subject
area they are reviewing. The content review experts shall also
include appropriate persons from postsecondary institutions, school
and school district curriculum administrators, and other persons who
are knowledgeable in the appropriate subject area.
(c) Content review experts shall serve without compensation.
(d) This section shall become inoperative on July 1, 2014, and, as
of July 1, 2015, is repealed, unless a later enacted statute, that
becomes operative on or before July 1, 2015, deletes or extends the
dates on which it becomes inoperative and is repealed.
SEC. 3. Section 60227.5 is added to the
Education Code , to read:
60227.5. (a) Before commencing the adoption process for 8th grade
mathematics instructional materials, the department shall provide
notice, pursuant to subdivision (c), in all of the following manners:
(1) Provide notice to all publishers and manufacturers known to
produce basic instructional materials for 8th grade mathematics.
(2) Post an appropriate notice on the department's Internet Web
site.
(3) Take other reasonable measures to ensure that appropriate
notice is widely circulated to potentially interested publishers and
manufacturers.
(b) The notice provided pursuant to subdivision (a) shall specify
that each publisher or manufacturer choosing to participate in the
8th grade mathematics instructional materials adoption process shall
be assessed a fee pursuant to subdivision (d).
(c) The department, prior to incurring substantial costs for the
adoption process of 8th grade mathematics instructional materials,
shall require a publisher or manufacturer that wishes to participate
in the 8th grade mathematics instructional materials adoption process
to first declare their intent to submit one or more specific
instructional materials for adoption.
(d) (1) The department shall assess a fee on each publisher or
manufacturer that chooses to participate in the 8th grade mathematics
instructional materials adoption process, which shall comply with
all of the following:
(A) The fee shall be based on the number of instructional
materials that the publisher or manufacturer indicates they will
submit for review.
(B) The fee shall be an amount that does not exceed the reasonable
costs to the department in conducting the 8th grade mathematics
instructional materials adoption process and the department shall
take reasonable steps to limit the costs of the 8th grade mathematics
instructional materials adoption process and to keep the fee modest,
recognizing that some of the work necessary for the primary adoption
of instructional materials need not be duplicated.
(C) The department shall assess the fee after the publisher or
manufacturer complies with subdivision (c).
(D) The fee shall be payable by the publisher or manufacturer even
if the publisher subsequently chooses to withdraw an instructional
material for adoption.
(2) The submission of an instructional material by a publisher or
manufacturer shall not be reviewed for purposes of adoption until the
fee assessed pursuant to this subdivision is paid in full.
(e) It is the intent of the Legislature that the fee assessed
pursuant to subdivision (d) not be so substantial that it prevents
publishers and manufacturers from participating in the 8th grade
mathematics instructional materials adoption process.
(f) (1) Upon the request of a small publisher or manufacturer, the
department may reduce the fee for participation in the 8th grade
mathematics instructional materials adoption process.
(2) For purposes of this section, "small publisher" or "small
manufacturer" means an independently owned or operated publisher or
manufacturer that is not dominant in its field of operation, and
that, together with its affiliates, has 100 or fewer employees, and
has average annual gross receipts of ten million dollars
($10,000,000) or less over the previous three years.
(g) Notwithstanding subdivision (b) of Section 60200, if the
department determines that there is little or no interest in
participating in the 8th grade mathematics instructional materials
adoption process by publishers and manufacturers, it shall recommend
to the state board that the 8th grade mathematics instructional
materials adoption process should not be conducted, and the state
board may decide to not conduct the 8th grade mathematics
instructional materials adoption process.
(h) Revenue derived from fees charged pursuant to subdivision (d)
shall be budgeted as reimbursements and subject to review through the
annual budget process and may be used to pay costs associated with
the 8th grade mathematics instructional materials adoption process.
(i) The adoption of 8th grade mathematics instructional materials
by the state board in accordance with the adoption process described
in this section shall be considered the adoption of instructional
materials that are aligned to the common core academic content
standards for 8th grade mathematics.
(j) This section shall become inoperative on July 1, 2014, and, as
of July 1, 2015, is repealed, unless a later enacted statute, that
becomes operative on or before July 1, 2015, deletes or extends the
dates on which it becomes inoperative and is repealed.
SEC. 2. SEC. 4. Section 60605.86 is
added to the Education Code, to read:
60605.86. (a) Notwithstanding any other law, and on a
one-time basis, the department shall develop a list, on or
before July 1, 2012, of supplemental instructional materials for use
in kindergarten and grades 1 to 8, inclusive, that are aligned with
California's common core academic content standards in language arts
and mathematics. The supplemental instructional materials shall
provide a bridge between the common core academic content standards
and the standards-aligned instructional materials currently being
used by local educational agencies.
(b) On or before September 30, 2012, the state board shall do
either of the following:
(1) Approve the supplemental instructional materials as proposed
by the department.
(2) Reject the supplemental instructional materials as proposed by
the department. If the state board rejects the supplemental
instructional materials, it shall provide a specific written
explanation to the Superintendent, the Governor, and the Legislature
of the reasons why the proposed materials were rejected.
(c) The governing boards of school districts may approve
supplemental instructional materials other than those approved by the
state board pursuant to subdivision (b) if the governing board
determines that other supplemental instructional materials are
aligned with the common core academic content standards and meet the
needs of the pupils of the district. A The
governing board of a school district may only approve
supplemental instructional materials that comply with the
requirements of Section 60226 and Article 3 (commencing with Section
60040) and Article 4 (commencing with Section 60060).
(d) Publishers choosing to submit supplemental instructional
materials for approval by the state board shall submit standards
maps. Publishers choosing to submit supplemental instructional
materials for approval for use in grades 9 to 12, inclusive, are
encouraged to submit standards maps.
(e) Before approving supplemental instructional materials pursuant
to this section, the state board, or the governing board of a school
district that chooses to approve supplemental instructional
materials pursuant to subdivision (c), shall review those
instructional materials for academic content, social content, and
instructional support to teachers and pupils. Supplemental
instructional materials approved pursuant to this section shall meet
required program criteria for grade-level programs, intervention
programs, and English learners and shall include materials for use by
teachers.
(f) The department shall maintain on its Internet Web site the
list of supplemental instructional materials approved by the state
board pursuant to subdivision (b).
(g) This section shall become inoperative on July 1, 2014, and, as
of July 1, 2015, is repealed, unless a later enacted statute, that
becomes operative on or before July 1, 2015, deletes or extends the
dates on which it becomes inoperative and is repealed.