BILL NUMBER: SB 786 CHAPTERED 10/14/01 CHAPTER 914 FILED WITH SECRETARY OF STATE OCTOBER 14, 2001 APPROVED BY GOVERNOR OCTOBER 14, 2001 PASSED THE SENATE SEPTEMBER 14, 2001 PASSED THE ASSEMBLY SEPTEMBER 13, 2001 AMENDED IN ASSEMBLY SEPTEMBER 12, 2001 AMENDED IN ASSEMBLY SEPTEMBER 6, 2001 AMENDED IN ASSEMBLY JUNE 28, 2001 AMENDED IN ASSEMBLY JUNE 11, 2001 AMENDED IN SENATE MAY 2, 2001 AMENDED IN SENATE APRIL 19, 2001 INTRODUCED BY Senator Scott (Principal coauthor: Assembly Member Migden) (Coauthor: Senator Escutia) (Coauthors: Assembly Members Alquist, Chu, Havice, Koretz, Lowenthal, and Washington) FEBRUARY 23, 2001 An act to add Section 60450.1 to the Education Code, relating to instructional materials. LEGISLATIVE COUNSEL'S DIGEST SB 786, Scott. Purchase of instructional materials. (1) Under existing law, the Leroy Greene California Assessment of Academic Achievement Act, the State Board of Education is required to adopt statewide academically rigorous content standards in the core curriculum areas of reading, writing, mathematics, history/social science, and science. Existing law, the Schiff-Bustamante Standards-Based Instructional Materials Program, requires the State Department of Education to apportion funds appropriated for the purchase of instructional materials that are aligned to those language arts, mathematics, history/social science, or science content standards in a specified amount. This bill would require that each school district that receives resources under that program or any other resources for that purpose purchase instructional materials for pupils in kindergarten and grades 1 to 12, inclusive, that are aligned with state content standards in language arts, mathematics, history/social science, or science, as adopted by the State Board of Education, within 2 years of the date the materials have been adopted by the State Board of Education, and would prescribe related matters. The bill would also authorize the State Board of Education to grant extensions for the purchase of those instructional materials or textbooks beyond the 2-year period if certain requirements are met. The bill would require a school district to report to the Superintendent of Public Instruction any resources received under the Schiff-Bustamante Standards-Based Instructional Materials Program that have not been used within 2 years of their receipt by the school district and would authorize the Superintendent of Public Instruction to offset future apportionments of instructional materials funding in order to recover the unspent funds. By imposing new requirements on school districts regarding the purchase of instructional materials, this bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 60450.1 is added to the Education Code, to read: 60450.1. (a) Each school district that receives resources under this chapter or any other resources for the purposes of this chapter shall purchase instructional materials for pupils in kindergarten and grades 1 to 12, inclusive, that are aligned with state content standards in language arts, mathematics, history/social science, or science, as adopted by the State Board of Education pursuant to Section 60605, within two years of the date of the adoption of the materials by the State Board of Education. (b) The purchasing requirements of subdivision (a) are not intended to impair contracts entered into on or before January 1, 2002, for the purchase of instructional materials that are not aligned with the content standards described in subdivision (a), or to apply to the purchase of instructional materials needed to maintain sets of instructional materials purchased prior to the adoption of those content standards. (c) The State Board of Education may grant an extension for meeting the purchasing requirement of subdivision (a) if the governing board of the school district demonstrates to the State Board of Education that it meets all of the following requirements: (1) The school district has implemented a well-designed, standards-aligned instructional materials program. (2) The school district currently has sufficient textbooks or instructional materials for use by each pupil. (3) The school district has adopted a plan for the eventual expenditure of funds to purchase the instructional materials in the core subject areas referred to in subdivision (a). (d) The State Board of Education shall provide guidelines and establish deadlines for the submission of requests for an extension pursuant to subdivision (c). (e) A school district shall report to the Superintendent of Public Instruction any resources received under this chapter that have not been used pursuant to this section within two years of their receipt by the school district. The Superintendent of Public Instruction may offset future apportionments of instructional materials funding in order to recover the unspent funds reported pursuant to this subdivision. (f) It is the intent of the Legislature that local education agencies shall not carry over any funds in accounts appropriated for the purchase of instructional materials beyond two fiscal years from the completion of a full instructional materials adoption cycle by the State Board of Education. SEC. 2. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.