BILL NUMBER: AB 974 AMENDED BILL TEXT AMENDED IN SENATE AUGUST 26, 2004 AMENDED IN SENATE AUGUST 23, 2004 AMENDED IN ASSEMBLY JUNE 2, 2003 AMENDED IN ASSEMBLY APRIL 21, 2003 AMENDED IN ASSEMBLY APRIL 7, 2003 INTRODUCED BY Assembly Member Nation (Principal coauthor: Senator Karnette) FEBRUARY 20, 2003 An act to add and repeal Section 60401 of the Education Code, relating to instructional materials
, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 974, as amended, Nation. Public schools: basic instructional materials. Existing law requires the State Board of Education to adopt at least 5 separate basic instructional materials for each grade level and each subject area, with certain requirements, for the purposes of any provision of the California Constitution that requires the adoption of textbooks for use in elementary schools. This bill would require the Superintendent of Public Instruction to create and implement a process to review high school basic instructional materials, with certain requirements. The bill would require a fee to be imposed on publishers and manufacturers of instructional materials who choose to participate in the review, and would continuously appropriate these funds to the State Department of Educationcreate the High School Basic Instructional Materials Review Fund in the State Treasury into which moneys derived from those fees would be deposited for purposes of conducting high school basic instructional materials reviews. Those funds would only be available to the superintendent for that purpose upon appropriation by the Legislature. This bill would repeal those provisions on January 1, 2009. Vote: majority. Appropriation: yesno . 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) All pupils, including pupils in grades 9 to 12, inclusive, are expected to meet the academic content standards adopted by the State Board of Education. (b) The "White Paper on Improving Student Achievement in California's High Schools" written by the CaliforniaState Department of Education stated "the academic achievement of students in California's elementary schools and to a somewhat lesser extent our middle schools - is steadily increasing." These results have been aided by "a new generation of instructional materials that give teachers the tools necessary to deliver a more rigorous content." That white paper also stated that "California's high schools are not following the general trend toward increased student achievement." (c) A governing board of a school district is required, under the Instructional Materials Funding Realignment Program, to use funds for instructional materials to ensure that all pupils have been provided with standards-aligned instructional materials. (d) A governing board of a school district is required to hold an annual public hearing and to determine whether each pupil in the school district has, or will have prior to the end of that fiscal year, sufficient textbooks or instructional materials in each subject that are consistent with the content and cycles of the curriculum frameworks adopted by the State Board of Education. (e) There is a statewide instructional materials adoption for kindergarten and grades 1 to 8, inclusive, that includes determining the instructional materials' alignmentalignment of instructional materials with state academic content standards. The preceding white paper also stated that "elementary principals and district administrators attribute much of their recent academic progress to structured, focused standards-aligned materials that provide the appropriate amount of support for both the novice and experienced teacher." (f) There is currently no statewide adoption or review of textbooks or basic instructional materials for grades 9 to 12, inclusive. Existing law requires each governing board maintaining one or more high schools to adopt instructional materials for use in the high schools under its jurisdiction. School districts devote substantial time and effort to determine if the instructional materials being considered for adoption are aligned to state academic content standards and other requirements for instructional materials. (g) Implementing a review process for basic instructional materials in grades 9 to 12, inclusive, to ensure accuracy of content, alignment with academic content standards and compliance with legal and social content requirements would create a list of materials for local consideration. This review process would reduce the number of duplicative reviews currently conducted by each school district maintaining a high school and would provide a much-needed service to the 935 California high schools serving 1,568,501 pupils. (h) It is the intent of the Legislature that teachers with classroom experience be involved in the review conducted pursuant to Section 60401conducted pursuant to Section 60401 of basic instructional materials used in high schools conducted pursuant to Section 60401. SEC. 2. Section 60401 is added to the Education Code, to read: 60401. (a) The High School Basic Instructional Materials Review Fund is hereby created in the State Treasury for the purposes of funding the expenses of a high school basic instructional materials review pursuant to this section. Moneys derived from fees collected pursuant to subdivision (e) shall be deposited into the fund and, upon appropriation by the Legislature, shall be available to the Superintendent of Public Instruction. (b) For purposes of this section, the following terms have the following meanings: (1) "Academic content standards" means those standards adopted by the state board pursuant to Section 60605 in reading, writing, mathematics, history and social science, and science. (2) "Core course" means a one-year course that is aligned to the academic content standards or a one-semester course that is aligned to the grade 12 history-social science standards for either economics or government and civics. (3) "Bundled instructional materials" means a grouping of two or more types of instructional materials from one or more source or publisher. (b) (1)(c) The Superintendent of Public Instruction shall develop and conduct a process to review high school basic instructional materials and shall determine the extent to which high school basic instructional materials for pupils in grades 9 to 12, inclusive, are aligned to the content standards adopted by the state board. (2) For each high school basic instructional material submitted for review, the superintendent shall detail the content standards that are covered in sufficient depth by that high school basic instructional material. (3) The Superintendent of Public Instruction shall form a panel to develop the advisory list required in paragraph (2). This panel shall be composed of a majority of high school teachers with classroom experience and expertise in a certain subject matter, and shall also include, but shall not be limited to, high school administrators, parents, scholars, and members of school district governing boards. (4) In developing the advisory list, the superintendent shall consider that high schools use multiple instructional media and sources that provide a standards-based program in the various content areas. The advisory list shall include, where appropriate, both individual and bundled instructional materials that provide the basis for rigorous standards-based instruction and learning. (5) This review process shall include a schedule for review of textbooks and basic instructional materials. (c)(d) On or before July 1, 2005, the superintendent shall commence the process of reviewing basic instructional materials for use in high schools. (d)(e) (1) The department shall determine the amount of and collect a fee from each publisher and manufacturer that chooses to submit instructional materials for review. The fee shall be paid before the textbook or other item of instructional materials is considered by the department. (2) All fees collected by the department under paragraph (1) are, notwithstanding Section 13340 of the Government Code, continuously appropriated to the Superintendent of Public Instruction for the purposes of funding the expenses of any high school basic instructional materials review. (3)(2) Upon the request of a small publisher or manufacturer, as defined in paragraph (3) of subdivision (d) of Section 60227, the department may determine a fee reduction and accordingly reduce the fee imposed in paragraph (1). (e)(f) Before conducting a review of basic instructional materials for use in high schools in a subject area, the department shall provide notice to all publishers or manufacturers known to produce basic instructional materials in that subject, post an appropriate notice on the department's Internet site, and take other reasonable measures to ensure that appropriate notice is widely circulated to interested publishers and manufacturers. The notice shall specify the date for the commencement and conclusion of the high school basic instructional materials review, the core course or courses that will be included in the review, and that each publisher or manufacturer choosing to participate in the high school basic instructional materials review shall be assessed a fee for each textbook or basic instructional materials program submitted for each core course. (f)(g) The department, prior to incurring substantial costs for a review, shall require that a publisher or manufacturer who wishes to participate in the review first declare the intent to submit one or more specific textbooks or basic instructional materials programs for the review. After a publisher or manufacturer declares the intent to submit one or more textbooks or basic instructional materials programs, the publisher or manufacturer shall be assessed the fee imposed in paragraph (1) of subdivision (d)(e) . The fee shall be payable by the publisher or manufacturer even if the publisher subsequently chooses to withdraw a program. A submission by a publisher or manufacturer may not be reviewed until the fee assessed has been paid in full. The department shall conduct a review only if it determines that there is interest in participating in a review by publishers and manufacturers. (g)(h) The governing board of a school district shall retain the authority under Section 60400 to adopt instructional materials for use in the high schools under its jurisdiction. The list of reviewed materials produced as a result of the high school basic instructional materials review process developed pursuant to subdivision (b)(c) is advisory only and provided as a service for high schools and their districts. (h)(i) This article shall become inoperative on July 1, 2008, and, as of January 1, 2009, is repealed, unless a later enacted statute that is enacted before January 1, 2009, deletes or extends the dates on which it becomes inoperative and is repealed.