BILL NUMBER: SB 140 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 15, 2011
AMENDED IN ASSEMBLY JULY 13, 2011
AMENDED IN ASSEMBLY JUNE 29, 2011
AMENDED IN SENATE MAY 24, 2011
INTRODUCED BY Senator Lowenthal
JANUARY 31, 2011
An act to add and repeal Sections 60227.5 and 60605.86 of the
Education Code, relating to pupil instruction.
LEGISLATIVE COUNSEL'S DIGEST
SB 140, as amended, Lowenthal. 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, 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. Existing law prohibits the
state board from adopting instructional materials, or following
specified procedures, until the 2015-16 school year.
This bill would require the State Department of Education to
recommend, and the state board to approve, evaluation criteria to
guide the development and review of 8th grade mathematics
instructional materials, as specified. The bill also would require
the department to recommend, and the state board to approve, content
review experts to review 8th grade mathematics instructional
materials, as specified. 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. This The bill
would require the department 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 prohibit a publisher publisher's
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
performed notwithstanding the prohibition against adopting
instructional materials until the 2015-16 school year, and to be
considered the adoption of instructional materials that are
aligned to the California common core academic content
standards for 8th grade mathematics.
(2) Existing law establishes the Academic Content Standards
Commission , 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 to
recommend, and the state board to approve, evaluation criteria to
guide the development and review of supplemental instructional
materials. The bill also would require the department , 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
the California common core academic content
standards in language arts and mathematics. The bill would require
the state board to perform specified reviews and to either
approve or reject the all, or a
portion, of the list of supplemental instructional materials
as proposed by the department and would
authorize the state board to add an item to that list, as
specified . The bill also would permit the governing board of a
school district to approve supplemental instructional materials
other than those approved by the state board if the governing board
performs specified reviews and determines that other supplemental
instructional materials are aligned with the California
common core academic content standards and meet the needs of the
pupils of the district. The bill would require supplemental
instructional materials approved by the state board and the governing
board of a school district in the subject areas of mathematics and
English language arts to be reviewed by content review experts, as
specified. The bill also would also
require supplemental instructional materials to comply with specified
social content review requirements. The bill would require the
department to maintain on its Internet Web site a list of
supplemental instructional materials approved by the state board.
(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.
(d) It is also the intent of the Legislature to develop a process
for the adoption of instructional materials that are specific to 8th
grade mathematics and are aligned to the California common core
academic content standards for mathematics.
SEC. 2. Section 60227.5 is added to the Education Code, to read:
60227.5. (a) The department shall recommend, and the state
board shall approve, evaluation criteria to guide the development and
review of 8th grade mathematics instructional materials sub
mitted pursuant to this section. Notwithstanding paragraph (6)
of subdivision (c) of Section 60200, a publisher or manufacturer
shall have 12 months, from the date the state board adopts the
evaluation criteria, to develop and submit 8th grade mathematics
instructional materials pursuant to this section.
(b) The department shall recommend, and the state board shall
approve, content review experts to review, in an open and transparent
process, instructional materials submitted for approval in the
subject of 8th grade mathematics. The majority of content review
experts shall be teachers who are credentialed in the subject area of
mathematics. The content review experts also shall include
appropriate persons from postsecondary institutions, school and
school district curriculum administrators, and other persons who are
knowledgeable in mathematics.
(c) Before commencing the adoption process
for 8th grade mathematics instructional materials, the department
shall provide notice, pursuant to subdivision (c)
(e) , 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)
(d) The notice provided pursuant to subdivision
(a) (c) 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)
(f) .
(c)
(e) The department, prior to incurring substantial
costs for the 8th grade mathematics instructional materials adoption
process, shall require a publisher or manufacturer that wishes to
participate in the 8th grade mathematics instructional materials
adoption process to first declare their its
intent to submit one or more specific instructional materials
for adoption.
(d)
(f) (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
it 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)
(e) .
(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)
(g) It is the intent of the Legislature that the fee
assessed pursuant to subdivision (d) (f)
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)
(h) 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)
(i) Revenue derived from fees charged pursuant to
subdivision (d) (f) 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.
(j) Eighth grade mathematics instructional materials submitted and
approved pursuant to this section shall be added to the existing
list of adopted basic instructional materials and shall not be
considered to be part of a six-year submission cycle authorized
pursuant to subdivision (b) of Section 60200.
(i)
(k) The adoption of 8th grade mathematics instructional
materials by the state board in accordance with the adoption process
described in this section shall be performed notwithstanding
Section 60200.7, and shall be considered the adoption of
instructional materials that are aligned to the California
common core academic content standards for 8th grade mathematics.
(j)
(l) 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 60605.86 is added to the Education Code, to read:
60605.86. (a) The department shall recommend, and the state
board shall approve, evaluation criteria to guide the development and
review of supplemental instructional materials.
(b) 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 the California 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)
(c) (1) The department shall recommend, and the state
board shall approve, content review experts to review, in an open and
transparent process, supplemental instructional materials submitted
for approval in the subject areas of mathematics ,
including, but not limited to, 8th grade mathematics, and
English language arts.
(2) The majority of content review experts approved pursuant to
paragraph (1) 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 and
school and school district curriculum administrators, and other
persons who are knowledgeable in the appropriate subject area.
(3) The content review experts shall serve without compensation.
(c)
(d) (1) 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.
(A) Approve all, or a portion, of the list of supplemental
instructional materials proposed by the department, taking into
consideration the review of the content review experts and any other
relevant information, as appropriate.
(B) Reject all, or a portion, of the list of supplemental
instructional materials proposed by the department, taking into
consideration the review of the content review experts and any other
relevant information, as appropriate.
(2) The state board may add an item to the list of supplemental
instructional materials proposed by the department.
(3) If the state board rejects all, or a portion, of the list of
supplemental instructional materials proposed by the department, or
adds an item to the list, the state board, in a public meeting held
pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing
with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2
of the Government Code), shall provide written reasons for the
removal or addition of an item on the list. The state board shall not
approve a supplemental instructional material it adds to the list at
the same time it provides its written reason for adding the
material; instead, the state board shall approve the added material
at a subsequent public meeting.
(d)
(e) (1) The governing boards of school districts may
approve supplemental instructional materials other than those
approved by the state board pursuant to subdivision (c)
(d) if the governing board determines that other
supplemental instructional materials are aligned with the
California common core academic content standards and meet the
needs of the pupils of the district. The governing board of a school
district may only approve supplemental instructional materials that
comply with the evaluation criteria a pproved
pursuant to subdivision (a) and the requirements of Section
60226, subdivision (g) of this section (h)
, and Article 4 (commencing with Section 60060).
(2) (A) A supplemental instructional material approved by a
governing board of a school district pursuant to this subdivision
that is in the subject area of mathematics or English language arts
shall be reviewed by content review experts chosen by the governing
board.
(B) The majority of the content review experts chosen pursuant to
subparagraph (A) shall be teachers who are credentialed in the
subject area they are reviewing. The content review experts shall
include appropriate persons from postsecondary institutions and
school and school district curriculum administrators, and other
persons who are knowledgeable in the appropriate subject area.
(C) The content review experts shall serve without compensation.
(e)
(f) Publishers choosing to submit supplemental
instructional materials for approval by the state board shall submit
standards maps.
(f)
(g) (1) Before approving supplemental instructional
materials pursuant to this section, the state board shall review
those instructional materials for academic content, social content,
and instructional support to teachers and pupils. Supplemental
instructional materials approved by the state board 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.
(2) Before approving supplemental instructional materials pursuant
to this section, the governing board of a school district shall
review those instructional materials for academic content and
instructional support to teachers and pupils. Supplemental
instructional materials approved by the governing board of a school
district 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.
(g)
(h) Supplemental instructional materials approved
pursuant to this section shall comply with the social content review
requirements that would be imposed by Assembly Bill 339 of the
2011-12 Regular Session if that bill becomes operative; otherwise,
the governing board of a school district shall review supplemental
instructional materials for social content in compliance with Article
3 (commencing with Section 60040).
(h)
(i) The department shall maintain on its Internet Web
site the list of supplemental instructional materials approved by the
state board pursuant to subdivision (b) (d)
.
(i)
(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.