BILL NUMBER: AB 314 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 6, 2009
AMENDED IN ASSEMBLY APRIL 20, 2009
INTRODUCED BY Assembly Member Brownley
FEBRUARY 17, 2009
An act to amend Sections 60005, 60061, 60200, 60204, 60421, and
60422 of the Education Code, relating to instructional materials. .
LEGISLATIVE COUNSEL'S DIGEST
AB 314, as amended, Brownley. Instructional materials.
(1) Existing law provides that the policies and procedures of the
State Board of Education concerning the adoption of instructional
materials shall be adopted pursuant to specified provisions of law
and include policies that define statutory terms, policies that
prescribed the membership of committees used in the development and
adoption process, and procedures that regulate public participation,
as specified.
This bill would further require procedures to ensure that the
state board considers price as one factor in the adoption of
instructional materials only after recommendations are submitted to
the state board based on content standards alignment, approved
evaluation criteria, and quality.
(2) Existing law requires the publisher or manufacturer of
instructional materials to furnish those materials at a price that
does not exceed the lowest price the publisher offers those
materials, to automatically reduce the price of materials to the
extent that reductions in price are made elsewhere, and to provide
any materials free of charge to the same extent as they are provided
elsewhere.
This bill would require publishers or manufacturers of
instructional materials to provide any equipment or technology
associated with the use of instructional materials under
consideration for purchase free of charge to the same extent as they
are provided elsewhere. The bill would also require publishers or
manufacturers to furnish instructional materials offered by the
publisher in an electronic format at a price that is less than the
price charged for the printed version and would require the
electronic version of any textbook to contain at least the same
content as the printed version.
(3) Existing law requires the State Board of Education to adopt
basic instructional materials for use in kindergarten and grades 1 to
8, inclusive.
This bill would require the state board to hold a publicly noticed
informational meeting prior to the meeting at which it is scheduled
to adopt instructional materials.
(4) Existing law provides that upon making an adoption of basic
instructional materials, the state board is required to make
available to listed publishers and manufacturers and all school
interests, a list of those instructional materials by subject and
grade level. Items placed upon lists are required to be accessible,
as specified, from the date of the adoption of the item until a date
established by the state board.
This bill would require the list of materials to be made available
to school districts and to be posted on the State Department of
Education's Internet Web site by subject and grade level. It would
require the list to also include the assessments or reports of
findings and recommendations developed by expert reviewers and
evaluators of instructional materials involved in the review process
that includes alignment of standards, program organization, pupil
assessments, teacher support, and support for English language
learners. Items placed upon lists would be required to be accessible,
as specified, for at least 3 years following the next adoption of
new materials based upon a new or revised curriculum framework,
whichever is later.
(5) Existing law requires the Curriculum Development and
Supplemental Materials Commission to perform several duties including
studying and evaluating instructional materials, adopting
educational films or videotapes, and recommending to the state board
instructional materials which it approves for adoption.
This bill would delete these duties.
(6) Existing law establishes the Instructional Materials Funding
Realignment Program administered by the Superintendent of Public
Instruction under which school districts are apportioned funds to
ensure that each pupil is provided with a standards-aligned textbook
or basic instructional materials, as adopted by the state board or
the local governing board. Existing law requires that pupils be
provided with standards-aligned textbooks or basic instructional
materials by the beginning of the first school term that commences no
later than 24 months after those materials were adopted by the state
board. However, the state board is authorized to grant school
districts additional time to meet this requirement if specified
criteria are met.
This bill would authorize a school district receiving specified
funding to submit recommendations of individuals to serve in the
review and evaluation of instructional materials submitted for
kindergarten and grades 1 to 8, inclusive, who, as verified by the
Superintendent, meet specified qualifications. This bill would
require the Superintendent, through a random lottery, to select and
appoint instructional materials reviewers and content review experts
from the recommendations made by school districts. The Superintendent
would be required to ensure that a majority of selected
instructional materials reviewers and content review experts are
credentialed classroom instructors. Local governing boards would be
required to use the funding provided to ensure that each pupil is
provided with standards-aligned textbooks or basic instructional
materials by the beginning of the first school term that commences no
later than 36 months after those materials were adopted by the state
board. Local governing boards also would be authorized to use
the funding to purchase state adopted textbooks or basic
instructional materials in an electronic format, if they can ensure
that each pupil will be provided with a copy of the instructional
materials to use at school and at home, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 60005 of the Education Code is amended to read:
60005. (a) The Legislature finds and declares that it is in the
public interest for the State Board of Education to adopt policies
and procedures concerning the development of curriculum frameworks
and the adoption of instructional materials only after public notice,
comment by the public, and review by the Office of Administrative
Law and for these policies and procedures to be published in the
California Code of Regulations. Therefore, the Legislature reaffirms
that the policies and procedures concerning the development of
curriculum frameworks and the adoption of instructional materials
shall be adopted pursuant to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
These policies and procedures include, but are not limited to, the
following:
(1) Board policies that define statutory terms.
(2) Board policies that prescribe the membership of committees
used in the development and adoption process.
(3) Procedures that regulate public participation in the
development of curriculum frameworks and the adoption of
instructional materials.
(4) Procedures to ensure that the state board considers price as
one factor in the adoption of instructional materials only after
recommendations are submitted to the state board based on content
standards alignment, approved evaluation criteria, and quality.
(b) The board shall adopt as regulations the policies and
procedures concerning the development of curriculum frameworks and
the adoption of instructional materials.
(c) (1) The following shall not be subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code:
(A) The content of curriculum frameworks.
(B) Evaluation criteria and worksheets developed to supplement
curriculum frameworks.
(2) The board shall adopt the content of curriculum frameworks and
evaluation criteria and worksheets developed to supplement
curriculum frameworks in accordance with the regulations established
pursuant to subdivision (b) of this section.
SEC. 2. Section 60061 of the Education Code is amended to read:
60061. (a) A publisher or manufacturer shall do all of the
following:
(1) Furnish the instructional materials offered by the publisher
at a price in this state that, including all costs of transportation
to that place, does not exceed the lowest price at which the
publisher offers those instructional materials for adoption or sale
to any state or school district in the United States.
(2) Automatically reduce the price of those instructional
materials to any governing board to the extent that reductions are
made elsewhere in the United States.
(3) Provide any instructional materials or equipment or technology
associated with the use of the instructional materials under
consideration for purchase free of charge in this state to the same
extent as they are provided to any state or school district in the
United States.
(4) Guarantee that all copies of any instructional materials sold
in this state are at least equal in quality to the copies of those
instructional materials that are sold elsewhere in the United States,
and are kept revised, free from all errors, and up to date as may be
required by the state board.
(5) Not in any way, directly or indirectly, become associated or
connected with any combination in restraint of trade in instructional
materials, or enter into any understanding, agreement, or
combination to control prices or restrict competition in the sale of
instructional materials for use in this state.
(6) Maintain a representative, office, or depository in the State
of California or arrange with an independently owned and operated
depository in the State of California to receive and fill orders for
instructional materials.
(7) Provide to the state, at no cost, computer files or other
electronic versions of each state-adopted literary title and the
right to transcribe, reproduce, modify, and distribute the material
in braille, large print if the publisher does not offer a large print
edition, recordings, American Sign Language videos for the deaf, or
other specialized accessible media exclusively for use by pupils with
visual disabilities or other disabilities that prevent use of
standard instructional materials. Computer files or other electronic
versions of materials adopted shall be provided within 30 days of
request by the state as needed for the purposes described in this
subdivision as follows:
(A) Computer files or other electronic versions of literary titles
shall maintain the structural integrity of the standard
instructional materials, be compatible with commonly used braille
translation and speech synthesis software, and include corrections
and revisions as may be necessary.
(B) Computer files or other electronic versions of nonliterary
titles, including science and mathematics, shall be provided when
technology is available to convert those materials to a format that
maintains the structural integrity of the standard instructional
materials and is compatible with braille translation and speech
synthesis software.
(8) Furnish instructional materials offered by the publisher in an
electronic format at a price that is less than the price charged for
the printed version. The electronic version of any textbook shall
contain at least the same content as the printed version and may be
copy-protected.
(A) A small publisher may be exempted from the provisions of this
paragraph.
(B) For purposes of this paragraph, "small publisher" means an
independently owned or operated publisher or manufacturer that is not
dominant in its field of operation, that, together with its
affiliates, has 100 or fewer employees, and has average annual gross
receipts of 10 million dollars ($10,000,000) or less over the
previous three years.
(b) Upon the willful failure of the publisher or manufacturer to
comply with the requirements of this section, the publisher or
manufacturer shall be liable to the governing board in the amount of
three times the total sum that the publisher or manufacturer was paid
in excess of the price required under paragraphs (1), (2), and (5)
of subdivision (a), and in the amount of three times the total value
of the instructional materials and services that the governing board
is entitled to receive free of charge under subdivision (a).
SEC. 3. Section 60200 of the Education Code is amended to read:
60200. The state board shall adopt basic instructional materials
for use in kindergarten and grades 1 to 8, inclusive, for governing
boards, subject to the following provisions:
(a) The state board shall adopt at least five basic instructional
materials for all applicable grade levels in each of the following
categories:
(1) Language arts, including, but not limited to, spelling and
reading. However, the state board shall not adopt basic instructional
materials in this category or the category specified by paragraph
(2) in the year succeeding the year in which the state board adopts
basic instructional materials in this category for the same grade
level.
(2) Mathematics. However, the state board shall not adopt basic
instructional materials in this category or the category specified by
paragraph (1) in the year succeeding the year in which the state
board adopts basic instructional materials in this category for the
same grade level.
(3) Science.
(4) Social science.
(5) Bilingual or bicultural subjects.
(6) Any other subject, discipline, or interdisciplinary areas for
which the state board determines the adoption of instructional
materials to be necessary or desirable.
(b) The state board shall hold a publicly noticed informational
meeting prior to the meeting at which the state board is scheduled to
adopt instructional materials recommended by the instructional
materials reviewers and content review experts selected pursuant to
subdivision (h) of Section 60421.
(c) The state board shall adopt procedures for the submission of
basic instructional materials in order to comply with each of the
following:
(1) Instructional materials may be submitted for adoption in any
of the subject areas pursuant to paragraphs (1) to (5), inclusive, of
subdivision (a) not less than two times every six years and in any
of the subject areas pursuant to paragraph (6) of subdivision (a) not
less than two times every eight years. The state board shall ensure
that curriculum frameworks are reviewed and adopted in each subject
area consistent with the six-year and eight-year submission cycles
and that the criteria for evaluating instructional materials
developed pursuant to subdivision (b) of Section 60204 are consistent
with subdivision (d). The state board may prescribe reasonable
conditions to restrict the resubmission of materials that previously
have been rejected if those resubmitted materials have no substantive
changes.
(2) Submitted instructional materials shall be adopted or rejected
within six months of the submission date of the materials pursuant
to paragraph (1), unless the state board determines that a longer
period of time, not to exceed an additional three months, is
necessary due to the estimated volume or complexity of the materials
for that subject in that year, or due to other circumstances beyond
the reasonable control of the state board.
(d) In reviewing and adopting or recommending for adoption
submitted basic instructional materials, the state board shall use
the following criteria, and ensure that, in its judgment, the
submitted basic instructional materials meet all of the following
criteria:
(1) Are consistent with the criteria and the standards of quality
prescribed in the curriculum framework adopted by the state board. In
making this determination, the state board shall consider both the
framework and the submitted instructional materials as a whole.
(2) Comply with the requirements of Sections 60040, 60041, 60042,
60043, 60044, 60048, 60200.5, and 60200.6, and the guidelines of the
state board for social content.
(3) Are factually accurate and incorporate principles of
instruction reflective of current and confirmed research.
(4) Adequately cover the subject area for the grade level or
levels for which they are submitted.
(5) Do not contain materials, including illustrations, that
provide unnecessary exposure to a commercial brand name, product, or
corporate or company logo. Materials, including illustrations, that
contain a commercial brand name, product, or corporate or company
logo shall not be used unless the board determines that the use of
the commercial brand name, product, or corporate or company logo is
appropriate based on one of the following specific findings:
(A) If text, the use of the commercial brand name, product, or
corporate or company logo in the instructional materials is necessary
for an educational purpose, as defined in the guidelines or
frameworks adopted by the state board.
(B) If an illustration, the appearance of a commercial brand name,
product, or corporate or company logo in an illustration in
instructional materials is incidental to the general nature of the
illustration.
(6) Meet other criteria as are established by the state board as
being necessary to accomplish the intent of Section 7.5 of Article IX
of the California Constitution and of Section 1 of Chapter 1181 of
the Statutes of 1989, provided that the criteria are approved by
resolution at the time the resolution adopting the framework for the
current adoption is approved, or at least 30 months prior to the date
that the materials are to be approved for adoption.
(e) If basic instructional materials are rejected, the state board
shall provide a specific, written explanation of the reasons why the
submitted materials were not adopted, based upon one or more of the
criteria established pursuant to subdivision (d). In providing this
explanation, the state board may use, in whole or in part, materials
written by instructional material reviewers or content experts.
(f) The state board may adopt fewer than five basic instructional
materials in each subject area for each grade level if either of the
following occurs:
(1) Fewer than five basic instructional materials are submitted.
(2) The state board specifically finds that fewer than five basic
instructional materials meet the criteria prescribed by paragraphs
(1) to (5), inclusive, of subdivision (d), or the materials fail to
meet the state board's adopted curriculum framework. If the state
board adopts fewer than five basic instructional materials in a
subject for any grade level, the state board shall conduct a review
of the degree to which the criteria and procedures used to evaluate
the submitted materials for that adoption were consistent with the
curriculum framework adopted by the state board.
(g) This section does not limit the authority of the state board
to adopt materials that are not basic instructional materials.
(h) If a district board establishes to the satisfaction of the
state board that the state-adopted instructional materials do not
promote the maximum efficiency of pupil learning in the district, the
state board shall authorize that district governing board to use its
instructional materials allowances to purchase materials as
specified by the state board, in accordance with standards and
procedures established by the state board.
(i) Consistent with the quality criteria for the state board's
adopted curriculum framework, the state board shall prescribe
procedures to provide the most open and flexible materials submission
system and ensure that the adopted materials in each subject, taken
as a whole, provide for the educational needs of the diverse pupil
populations in the public schools, provide collections of
instructional materials that illustrate diverse points of view,
represent cultural pluralism, and provide a broad spectrum of
knowledge, information, and technology-based materials to meet the
goals of the program and the needs of pupils.
(j) Upon making an adoption, the state board shall make available
to listed publishers and manufacturers and all school interests a
listing of instructional materials, including the most current unit
cost of those materials as computed pursuant to existing law. Items
placed upon lists shall remain on the lists, and be available for
procurement through the state's systems of financing, from the date
of the adoption of the item until a date established by the state
board or three years following the next adoption of new instructional
materials based upon a new or revised curriculum framework,
whichever is later. Lists of adopted materials shall be made
available to school districts and posted on the department's Internet
Web site by subject and grade level, and shall include information
from the assessments or reports of findings and recommendations
developed by the expert reviewers and evaluators of instructional
materials involved in the materials review process that includes
information regarding alignment of standards, program organization,
pupil assessments, teacher support, and support for English language
learners.
(k) The state board may approve multiple lists of instructional
materials, without designating a grade or subject, and the state
board may designate more than one grade or subject whenever it
determines that a single subject designation or a single grade
designation would not promote the maximum efficiency of pupil
learning. The materials so designated may be placed on single grade
or single subject lists, or multigrade or interdisciplinary lists, or
may be placed on separate lists including other materials with
similar grade or subject designations.
(l) A composite listing in the format of an order form may be used
to meet the requirements of this section.
(m) The lists maintained pursuant to this section shall not be
deemed to control the use period by a school district.
(n) The state board shall give publishers the opportunity to
modify instructional materials, in a manner provided for in
regulations adopted by the state board, if the state board finds that
the instructional materials do not comply with paragraph (5) of
subdivision (d).
(o) This section does not prohibit the publisher of instructional
materials from including whatever corporate name or logo on the
instructional materials that is necessary to provide basic
information about the publisher, to protect its copyright, or to
identify third-party sources of content.
(p) The state board may adopt regulations that provide for other
exceptions to this section, as determined by the state board.
(q) The Superintendent shall develop, and the state board shall
adopt, regulations to implement this section.
SEC. 4. Section 60204 of the Education Code is amended to read:
60204. The commission shall:
(a) Recommend curriculum frameworks to the state board.
(b) Develop criteria for evaluating instructional materials
submitted for adoption so that the materials adopted shall adequately
cover the subjects in the indicated grade or grades and which comply
with Article 3 (commencing with Section 60040) of Chapter 1. The
criteria developed by the commission shall be consistent with the
duties of the state board pursuant to Section 60200. The criteria
shall be public information and shall be provided in written or
printed form to a person requesting that information.
(c) Recommend to the state board policies and activities to assist
the department and school districts in the use of the curriculum
framework and other available model curriculum materials for the
purpose of guiding and strengthening the quality of instruction in
the public schools.
SEC. 5. Section 60421 of the Education Code is amended to read:
60421. (a) The department shall apportion funds appropriated for
purposes of this chapter to school districts on the basis of an equal
amount per pupil enrolled in kindergarten and grades 1 to 12,
inclusive, in the prior year, excluding summer school, adult, and
regional occupational center and regional occupational programs
enrollment. Enrollment shall be certified by the Superintendent and
based on data as reported by the California Basic Education Data
System count. A school district in its first year of operation or of
expanding grade levels at a schoolsite shall be eligible to receive
funding pursuant to this chapter based on enrollment estimates
provided to the department by the school district. As a condition of
receipt of funding, a school district or charter school in its first
year of operation or of expanding grade levels at a schoolsite shall
provide enrollment estimates, as approved by the school district
governing board and the county office of education in which the
school district is located. These estimates and associated funding
shall be adjusted for actual enrollment as reported by the subsequent
California Basic Education Data System.
(b) For purposes of this chapter, the term "school district" means
a school district or county office of education, and the term "local
governing board" means the governing board of a school district or
county board of education.
(c) Allowances established pursuant to this chapter shall be
apportioned to school districts in September of each fiscal year.
(d) Notwithstanding any other law, pursuant to subdivision (h) of
Section 60200, the state board may authorize a school district to use
a state basic instructional materials allowance to purchase
standards-aligned materials as specified within this part.
(e) A school district receiving funding pursuant to this chapter
may submit recommendations of individuals being considered to serve
in the review and evaluation of instructional materials submitted for
kindergarten and grades 1 to 8, inclusive, pursuant to subdivision
(f) and who meet the qualifications specified in subdivision (g).
(f) School districts, in collaboration with teacher organizations,
may recommend at least one individual and up to two individuals if
enrollment in the district is 10,000 pupils or more, but less than
75,000 pupils; up to three individuals if enrollment in the district
is 75,000 or more pupils, but less than 500,000 pupils; and up to
four individuals if the enrollment in the district is 500,000 pupils
or more, as indicated by the most recent counts in the California
Basic Education Data System.
(g) A school district choosing to submit recommendations of
individuals pursuant to subdivision (e) shall ensure that the
individuals meet the following criteria:
(1) At least one individual shall be a classroom teacher in
kindergarten or any of grades 1 to 12, inclusive, and shall have a
teaching credential.
(2) All individuals shall have experience with and expertise in
the content field under consideration.
(h) The Superintendent shall verify that individuals recommended
by school districts pursuant to subdivision (e) have experience with,
and expertise in, the content field under consideration.
(i) The Superintendent, through a random lottery, shall select and
appoint instructional materials reviewers and content review experts
from the recommendations made by school districts and shall ensure
that the reviewers selected to participate reflect the various ethnic
groups, types of school district, and regions in California, and
have experience in providing instruction to English language learners
and pupils with disabilities. If there is underrepresentation of any
of the categories listed in this subdivision, the Superintendent
shall select additional individuals from the remaining candidates to
ensure adequate representation. The Superintendent also shall ensure
that a majority of the selected instructional materials reviewers and
content review experts are credentialed classroom instructors.
SEC. 6. Section 60422 of the Education Code is amended to read:
60422. (a) A local governing board shall use funding received
pursuant to this chapter to ensure that each pupil is provided with a
standards-aligned textbook or basic instructional materials, as
adopted by the state board subsequent to the adoption of content
standards pursuant to Section 60605 for kindergarten and grades 1 to
8, inclusive, or as adopted by the local governing board pursuant to
Sections 60400 and 60411, for grades 9 to 12, inclusive. Pupils shall
be provided with standards-aligned textbooks or basic instructional
materials by the beginning of the first school term that commences no
later than 36 months after those materials were adopted by the state
board.
(b) Once a governing board certifies compliance with subdivision
(a) with regard to standards-aligned instructional materials in the
core curriculum areas of reading/language arts, mathematics, science,
and history/social sciences, and if the governing board of a school
district has met the eligibility requirements of Section 60119, the
remaining funds may only be used consistent with subdivision (a) of
Section 60242 and pursuant to Section 60242.5.
(c) Notwithstanding any other law, a local governing board may use
funding received pursuant to this chapter to purchase state adopted
textbooks or basic instructional materials in an electronic format,
if it can ensure that each pupil will be provided with a copy of the
instructional materials to use at school and at home. However,
providing access to the materials at school and at home does not
require the local educational agency to purchase two sets of
materials.
(c)
(d) The state board may grant the school district
additional time to meet the purchasing requirements of subdivision
(a) if the governing board of the school district demonstrates, to
the satisfaction of the state board, that all of the following
criteria apply to the district:
(1) The school district has implemented a well-designed,
standards-aligned basic instructional materials program.
(2) The school district, at the time of its request for additional
time pursuant to this subdivision, has sufficient textbooks or basic
instructional materials for use by each pupil.
(3) The school district has adopted a plan for the purchase of
standards-aligned instructional materials in accordance with
subdivision (a) that indicated an alternative date for compliance
that is declared in the request for additional time.
(d)
(e) The funds provided for the purchase of
instructional materials in Schedules 1 and 2 of Item 6110-189-0001
and paragraph 6 of Item 6110-485 of Section 2.00 of the Budget Act of
2002 (Chapter 379 of the Statutes of 2002) shall be used for the
purposes of, and allocated consistent with, this chapter.