Bill Text: CA SB1412 | 2023-2024 | Regular Session | Amended
Bill Title: Instructional Quality Commission: qualifications: prohibited communications.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed) 2024-07-03 - Read second time. Ordered to consent calendar. [SB1412 Detail]
Download: California-2023-SB1412-Amended.html
|
Amended
IN
Assembly
June 03, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1412
| Introduced by Senator Ochoa Bogh |
February 16, 2024 |
An act to amend Section 33530 of, and to add Section 33530.5 to, the Education Code, relating to curriculum.
LEGISLATIVE COUNSEL'S DIGEST
SB 1412, as amended, Ochoa Bogh.
Instructional Quality Commission: qualifications: prohibited communications.
Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, recommend curriculum frameworks and instructional materials to the State Board of Education for adoption. Existing law requires the membership of the commission to consist of one Member of the Assembly and one public member appointed by the Speaker of the Assembly, one Member of the Senate and 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 of Public Instruction or the members of the state board, and prescribes their qualifications. Existing regulations of the state board prohibit certain communications between publishers, and their representatives, and members of the commission and certain people involved in the
instructional material adoption process, as provided.
This bill would prohibit publishers, distributers, distributors, and retailers of instructional materials or professional development materials, and their representatives, from being eligible for appointment to the commission or selected to serve on any committee, subcommittee, or working group of the commission, as provided. The bill would codify and expand the above-described regulatory prohibition by prohibiting communications between (1) publishers, distributers, distributors, and retailers of instructional materials or professional
development materials, and their representatives, and (2) members of the commission, facilitators, instructional materials reviewers, or content review experts, during their tenure, except as specifically authorized. If there is a prohibited communication, the bill would authorize the state board to take corrective action, including disqualification from further participation in the adoption at issue.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature in adding Section 33530.5 to the Education Code, to codify and expand the prohibitions in Section 9514 of Title 5 of the California Code of Regulations.SEC. 2.
Section 33530 of the Education Code is amended to read:33530.
(a) There is in the state government the Instructional Quality Commission consisting of one Member of the Assembly appointed by the Speaker of the Assembly, one 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 commission by the state board, at least 7 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
7 of the 13 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 7 of the 13 public members shall be current classroom teachers or mentor teachers, current members of the commission who were appointed on or before December 31, 1989, shall be allowed to complete their terms.
(d) (1) It is the intent of the Legislature to encourage the state board to consider appointing a pupil to the commission, using the current appointment process.
(2) Notwithstanding Section 1020 of the Government Code, if the state board elects to appoint a pupil to the commission,
the pupil shall meet both of the following criteria:
(A) The pupil has been enrolled in a California high school for a minimum of two consecutive years.
(B) The pupil is in good standing.
(e) In making the remaining appointments to the commission, and in establishing the 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, pupils, and parents who are reflective of the various ethnic groups and types of school districts in California.
(f) Notwithstanding any other law, publishers, distributers, distributors, and retailers of instructional materials or professional development materials, and their representatives, shall not be eligible for appointment to the commission or selected to serve on any committee, subcommittee, or working group of the commission, including, but not limited to, Curriculum Framework and Evaluation Committees, Subject Matter Expertise Committees, and curriculum framework writing teams, nor shall they be selected to serve as facilitators, instructional materials reviewers, or content review experts.
SEC. 3.
Section 33530.5 is added to the Education Code, to read:33530.5.
(a) (1) Publishers,(2) If a publisher, distributer, distributor, or retailer of instructional materials or professional development materials, or their representative, or a facilitator, instructional materials reviewer, or content review expert makes a prohibited communication, the state board may take corrective action, including disqualification of the publisher, facilitator, instructional materials reviewer, or content review expert from further participation in the adoption at issue.
(b) (1) Publishers, distributers,
distributors, or retailers of instructional materials or professional development materials, or their representatives, shall not communicate with members of the commission about anything related to the evaluation or adoption of instructional materials, other than during the times for public comment in open publicly noticed meetings or through written submissions addressed to all members of the commission in care of the executive director of the commission, between the date set forth in the schedule of significant events when instructional materials are delivered to instructional materials reviewers, content review experts, and learning resources display centers and the date when the state board takes action to adopt.
(2) If a publisher, distributer,
distributor, or retailer of instructional materials or professional development materials, or their representative, or members of the commission make a prohibited communication, the state board may take corrective action, including disqualification of the publisher and the member of the commission from further participation in the adoption at issue.
(c) Notwithstanding subdivisions (a) and (b), facilitators, instructional materials reviewers, content review experts, and members of the commission may contact publishers, distributers, distributors, or retailers of instructional materials or professional development materials, or their
representatives, for technical assistance in using electronic instructional materials.
(d) Notwithstanding subdivisions (a) and (b), publishers, distributors, and retailers of instructional materials or professional development materials, and their representatives, may communicate with the chair of the commission, or the chair’s designee, or the chair of the subject matter committee, or the chair’s designee, involved in the adoption during the time set forth for deliberations.
