BILL NUMBER: AB 2095 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Brownley
FEBRUARY 18, 2010
An act to amend Section 60200 of the Education Code, relating to
instructional materials.
LEGISLATIVE COUNSEL'S DIGEST
AB 2095, as introduced, Brownley. Instructional materials: English
language development.
Existing law requires the State Board of Education to adopt basic
instructional materials for use in kindergarten and grades 1 to 8,
inclusive. Among the categories of instructional materials that the
board is required to adopt are bilingual or bicultural subjects.
This bill would add English language development instructional
materials as an alternative to the bilingual or bicultural subjects
in that category of instructional materials that the board is
required to adopt for kindergarten and grades 1 to 8, inclusive.
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 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 may 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 may 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 or English language
development .
(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 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- 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 (c). The state board may prescribe reasonable conditions
to restrict the resubmission of materials that have been previously
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.
(c) 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 state board's adopted curriculum framework. 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 state board's
guidelines 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 may 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.
(d) 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 under subdivision (c). In providing this
explanation, the state board may use, in whole or in part, materials
written by the commission or any other advisers to the state board.
(e) 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 (c), 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 any
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
state board's adopted curriculum framework.
(f) This section does not limit the authority of the state board
to adopt materials that are not basic instructional materials.
(g) 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.
(h) 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.
(i) 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 thereon, and be available for
procurement through the state's systems of financing, from the date
of the adoption of the item and until a date established by the state
board. The date established by the board for continuing items on
that list shall be the date on which the state board adopts
instructional materials based upon a new or revised curriculum
framework. Lists of adopted materials shall be made available by
subject and grade level. The lists shall terminate and shall no
longer be effective on the date prescribed by the state board
pursuant to this subdivision.
(j) 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. Any 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.
(k) A composite listing in the format of an order form may be used
to meet the requirements of this section.
( l ) The lists maintained pursuant to this section
shall not be deemed to control the use period by any school district.
(m) 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 (c).
(n) 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.
(o) The state board may adopt regulations that provide for other
exceptions to this section, as determined by the board.
(p) The Superintendent shall develop, and the state board shall
adopt, guidelines to implement this section.