BILL NUMBER: SB 273	CHAPTERED  10/07/01

	CHAPTER  574
	FILED WITH SECRETARY OF STATE  OCTOBER 7, 2001
	APPROVED BY GOVERNOR  OCTOBER 5, 2001
	PASSED THE SENATE  SEPTEMBER 13, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2001
	AMENDED IN ASSEMBLY  SEPTEMBER 5, 2001
	AMENDED IN SENATE  MARCH 26, 2001

INTRODUCED BY   Senator Karnette
   (Principal coauthor:  Assembly Member Strickland)
   (Coauthors:  Senators Alpert, McPherson, Morrow, and Soto)
   (Coauthors:  Assembly Members Bates, Strom-Martin, and Zettel)

                        FEBRUARY 16, 2001

   An act to add Section 41344.3 to the Education Code, relating to
instructional materials, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 273, Karnette.  Education:  instructional materials:
apportionments.
   Under existing law, a local educational agency may be required to
repay an apportionment significant audit exception resulting from an
audit or review, which may not be waived by the State Board of
Education.  Under existing law, the Pupil Textbook and Instructional
Materials Incentive Program Act, the governing board of a school
district is required to take certain actions in order to be eligible
to receive funds under that act, including, among others, holding a
public hearing or hearings at which the governing board is required
to encourage participation by parents, teachers, members of the
community interested in the affairs of the school district, and
bargaining unit leaders, and to make a determination, by resolution
as to whether each pupil in each school in the district has, or will
have prior to the end of that fiscal year, sufficient textbooks or
instructional materials, or both, as prescribed.
   This bill would authorize the State Board of Education to consider
and act upon requests to waive certain provisions of the Pupil
Textbook and Instructional Materials Incentive Program Act, based on
certain findings, to the extent that a failure to comply with those
provisions would otherwise subject the school district to a repayment
due to an apportionment significant audit exception, and would
authorize that waiver, regardless of whether the request was received
before or after the effective date of this bill.
   The bill would declare that it is to take effect immediately as an
urgency measure.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 41344.3 is added to the Education Code, to
read:
   41344.3.  Notwithstanding subdivision (c) of Section 41344 or any
other provision of law, the State Board of Education may, upon a
finding that violations were minor or inadvertent and the intent of
Section 60119 was substantially met, consider and act upon requests
to waive Section 60119 to the extent that a failure to comply with
that section would otherwise subject the school district to a
repayment due to an apportionment significant audit.  The board may
act on requests to waive Section 60119 regardless of whether the
request was received before or after the effective date of this
section.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to avoid unnecessary penalties that might otherwise be
imposed on school districts, it is necessary that this act take
effect immediately.