CALIFORNIA DEPARTMENT OF EDUCATION Jack O’Connell, State Superintendent of Public Instruction Effects of the Passage of ABX4 2 on California-Adopted Instructional Materials

JACK O’CONNELL State Superintendent of Public Instruction Introduction On July 28, 2009, the Governor signed into law Assembly Bill 2 of the Fourth Extraordinary Session (ABX4 2). Until at least the year 2013: –The State Board of Education will not adopt K-8 instructional materials; –LEAs will not be required to purchase new instructional materials, except as replacements, for their K-8 students. –LEAs will have significant spending flexibility

JACK O’CONNELL State Superintendent of Public Instruction Suspension of Instructional Materials Adoptions California Education Code Section : –Notwithstanding Sections and , the state board shall not adopt instructional materials or follow the procedures adopted pursuant to Sections and until the school year.

JACK O’CONNELL State Superintendent of Public Instruction Suspension of the IMFRP “24 Month Rule” California Education Code Section : –(a) Notwithstanding subdivision (i) of Section 60200, Section 60422, or any other provision of law, for the to the fiscal years, inclusive, the governing board of a school district is not required to provide pupils with instructional materials by a specified period of time following adoption of those materials by the state board.

JACK O’CONNELL State Superintendent of Public Instruction “24 Month Rule” Cont. The two most common questions: –The SBE adopted new instructional materials in Mathematics in 2007 and RLA/ELD in Do LEAs need to implement these new materials prior to July 1, 2013? No. –When must LEAs implement SBE-adopted instructional materials? The law is unclear on this issue. At present, it’s sufficient to say that it is not before July 1, 2013.

JACK O’CONNELL State Superintendent of Public Instruction “Any Educational Purpose” Funds from 39 categorical programs may be used “for any educational purpose.” The IMFRP is included in these new flexibility provisions. The flexibility provisions apply to fiscal years through IMFRP carryover from fiscal year may also be included.

JACK O’CONNELL State Superintendent of Public Instruction “Any Educational Purpose” Cont. Stipulations for instructional materials acquisitions (EC Section 42605(e)(2)): LEAs must maintain sufficiency of instructional materials for all students In purchasing instructional materials to meet sufficiency, LEAs can only use IMFRP—or any of funds from the 39 categorical programs which have been included in the flexibility provisions—to purchase: –“materials adopted by the state board for kindergarten and grades 1 to 8, inclusive, and for grades 9 to 12, inclusive, the materials purchased shall be aligned with state standards as defined by Section 60605, and shall also meet the reporting and sufficiency requirements contained in Section ” Once an LEA has achieved sufficiency of instructional materials, the LEA may use the funding included in the flexibility provisions—including IMFRP—“for any educational purpose.”

JACK O’CONNELL State Superintendent of Public Instruction Williams Requirements The Williams sufficiency requirements are still in place. Districts must still insure that every student has standards-aligned instructional materials in the four core subjects. Compliance visits for Williams will continue as usual. The Audit Guide no longer includes a check for instructional materials purchases. Textbooks or instructional materials from the prior SBE adoption lists meet the sufficiency requirement.

JACK O’CONNELL State Superintendent of Public Instruction Williams Requirements, Cont. EC Section reiterates that nothing relieves the local board from conducting the annual public hearing required by EC Section No longer an exemption for <1% statewide revenue limit. Additional information, including FAQs regarding these public hearings, is available at (

JACK O’CONNELL State Superintendent of Public Instruction Implementation of Instructional Materials LEAs must implement instructional materials by program, publisher, and grade level throughout the LEA. LEAs may not implement instructional materials from one adoption at one school and instructional materials from another adoption, or publisher, at another school. Throughout an LEA, students must use the same instructional materials. EC Section 42605(e)(2)(B) states: “…all pupils within the local education agency who are enrolled in the same course shall have identical textbooks and instructional materials, as specified in Section ”

JACK O’CONNELL State Superintendent of Public Instruction Implementation of Instructional Materials, Cont.  While EC Section stipulates that those instructional materials must be “…from the same adoption, consistent with Sections and 60422”, it allows for the implementation of these materials separated by grade level, stating: “This section does not require a local educational agency to purchase all of the instructional materials included in an adoption if the materials that are purchased are made available to all the pupils for whom they are intended in all of the schools within the local educational agency.”

JACK O’CONNELL State Superintendent of Public Instruction Follow-Up Adoption The enactment of ABX4 2 suspended not only instructional materials primary adoptions but also the 2010 Follow-Up Adoption. –Foreign Language –Reading/Language Arts/English Language Development –Mathematics –Science

JACK O’CONNELL State Superintendent of Public Instruction Suspension of Curriculum Frameworks ABX4 2 suspended until the school year the process and procedures not only for adopting instructional materials but also for framework revisions. The history-social science, science, health, and mathematics curriculum frameworks were under development in 2009.

JACK O’CONNELL State Superintendent of Public Instruction Suspension of Curriculum Frameworks, Cont. History-Social Science Framework – The Curriculum Development and Supplemental Materials Commission (Curriculum Commission) approved the draft update of the History-Social Science Framework for California Public Schools for field review. The draft framework is posted on the CDE Web page: (

JACK O’CONNELL State Superintendent of Public Instruction Suspension of Curriculum Frameworks, Cont. Science Framework - The SBE had approved guidelines for updating the Science Framework and appointed the CFCC. The current framework and criteria contradict each other. The investigation and experimentation standards are not included in the course descriptions. The guidance on English learners and students with special needs amounts to one page in a 310 page document.

JACK O’CONNELL State Superintendent of Public Instruction Suspension of Curriculum Frameworks, Cont. Health Framework - The SBE had approved a timeline and plan for revising the Health Framework. The current framework does not reflect new health education standards adopted in 2008.

JACK O’CONNELL State Superintendent of Public Instruction Suspension of Curriculum Frameworks, Cont. Mathematics Framework - The SBE had approved a timeline and plan for revising the Mathematics Framework. The current framework gives little guidance on integrating mathematical reasoning standards with the other mathematics standards. In addition, the Mathematics Framework contains only one paragraph addressing English learners.

JACK O’CONNELL State Superintendent of Public Instruction Suspension of Curriculum Frameworks, Cont. Another problem with suspending frameworks development is that the existing frameworks do not include recent statutory requirements regarding the inclusion of the following: –Environmental Principles and Concepts (Public Resources Code Section 71301) –Financial preparedness/fiscal literacy (EC Section 51284) –Mexican Repatriation Program (SCR 58, Chapter 128 of the Statutes of 2007) –Civil rights, human rights violations, slavery and the Holocaust (EC Section ) –Equal rights and opportunities and nondiscrimination (EC sections 200–221) –Comprehensive sexual health education and instruction on HIV/AIDS prevention (EC sections 51930–51939) –Nutrition education (EC section )

JACK O’CONNELL State Superintendent of Public Instruction Instructional Materials Workload Unaffected by Change in Law Education and the Environment Initiative Social Content Review Price List Learning Resources Display Centers (LRDCs) Technical Assistance

JACK O’CONNELL State Superintendent of Public Instruction For more information, please visit the CDE Web site, or contact the Curriculum Frameworks & Instructional Resources Division: at