BILL NUMBER: AB 339 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 7, 2011
INTRODUCED BY Assembly Member Bonilla
FEBRUARY 10, 2011
An act to amend Section 35239 of the Education Code,
relating to school districts. An act to add Sections
60050 and 60227 to the Education Code, relating to instructional
materials.
LEGISLATIVE COUNSEL'S DIGEST
AB 339, as amended, Bonilla. School districts: governing
board members. Instructional materials: reviews: fees.
(1) Existing law requires the State Board of Education to adopt
basic instructional materials for use in kindergarten and grades 1 to
8, inclusive. Existing law further requires the state board to
ensure that curriculum frameworks are reviewed and adopted in each
subject area consistent with specified submission cycles.
This bill would reenact a provision that, until January 1, 2011,
required the State Department of Education, prior to conducting a
followup adoption, to notify all publishers and manufacturers known
to produce basic instructional materials in that subject, that a fee
will be assessed on a publisher or manufacturer choosing to
participate in the followup adoption based on the number of programs
the publisher or manufacturer indicates will be submitted for review.
The bill would provide that the amount of the fee shall not exceed
the reasonable costs to the department in conducting the followup
adoption, and would prohibit the review of a submission from being
conducted until the fee is paid in full.
(2) Existing law requires the State Board of Education in
reviewing and adopting instructional materials to use specified
criteria, and ensure that, in its judgment, the submitted basic
instructional materials meet all of the specified criteria,
including, but not limited to, compliance with the specified
requirements and guidelines for social content.
This bill would reenact a provision that, until January 1, 2011,
required the state board to adopt regulations to govern the social
content reviews conducted at the request of a publisher or
manufacturer of instructional materials outside the primary and
followup instructional material adoption processes. The bill would
authorize the State Department of Education to contract with agents
to conduct the specified social content reviews and require the
department to assess a fee for the review that meets specified
requirements, including notice to publishers and manufacturers.
Existing law authorizes a school district that had an average
daily attendance in the prior fiscal year of 70 pupils or less to
provide reasonable compensation to a member of the governing board
for necessary work and labor performed by the member for the district
in repairing the schoolhouse, fences, and other property belonging
to the district, or in furnishing wood or other necessary supplies
or, if the collective bargaining agent for classified employees in
that district and the governing board concur that no other qualified
person is available, for providing services in a classified position.
This bill would make technical, nonsubstantive changes in this
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 60050 is added to the
Education Code , to read:
60050. (a) The state board shall adopt regulations to govern the
social content reviews conducted at the request of a publisher or
manufacturer of instructional materials outside the primary and
followup instructional material adoption processes. A social content
review is intended to determine compliance with Sections 60040,
60041, 60042, 60043, 60044, 60048, 60200.5, and 60200.6, and the
guidelines for social content adopted by the state board.
(b) (1) For purposes of this section, social content reviews of
instructional materials shall be conducted by the department or its
agents for all instructional materials, as defined in subdivision (h)
of Section 60010.
(2) The department may contract with agents to conduct social
content reviews pursuant to this section.
(c) The department shall assess a fee on a publisher or
manufacturer in an amount that does not exceed the reasonable costs
to the department to conduct a social content review pursuant to this
section. The fee shall be established and assessed pursuant to the
requirements specified in subdivisions (d) to (f), inclusive, of
Section 60227, and the publishers and manufacturers shall be provided
notice of the establishment of the fee pursuant to subdivisions (b)
and (c) of Section 60227.
(d) Revenue derived from fees charged pursuant to subdivision (c)
shall be budgeted as reimbursements and subject to review through the
annual budget process and may be used to pay costs associated with
the social content review of instructional materials.
SEC. 2. Section 60227 is added to the
Education Code , to read:
60227. (a) For purposes of this section, a followup adoption is
any adoption other than the primary adoption that occurs within a
six- or eight-year cycle established pursuant to subdivision (b) of
Section 60200.
(b) Before conducting a followup adoption in a particular subject,
the department shall provide notice, pursuant to subdivision (c), to
all publishers or manufacturers known to produce basic instructional
materials in that subject, post an appropriate notice on the
Internet Web site of the department, and take other reasonable
measures to ensure that appropriate notice is widely circulated to
potentially interested publishers and manufacturers.
(c) The notice shall specify that each publisher or manufacturer
choosing to participate in the followup adoption shall be assessed a
fee based upon the number of programs the publisher or manufacturer
indicates will be submitted for review and the number of grade levels
proposed to be covered by each program.
(d) The fee shall be in an amount that does not exceed the
reasonable costs to the department in conducting the followup
adoption process. The department shall take reasonable steps to limit
costs of the followup adoption and to keep the fee modest,
recognizing that some of the work necessary for the primary adoption
need not be duplicated.
(e) The department, prior to incurring substantial costs for the
followup adoption, shall require that a publisher or manufacturer
that wishes to participate in the followup adoption first declare the
intent to submit one or more specific programs for the followup
adoption and specify the specific grade levels to be covered by each
program. After a publisher or manufacturer has declared the intent to
submit one or more programs and the grade levels to be covered by
each program, a fee shall be assessed by the department. The fee
shall be payable by the publisher or manufacturer even if the
publisher subsequently chooses to withdraw a program or reduce the
number of grade levels covered. A submission by a publisher or
manufacturer shall not be reviewed for purposes of adoption, either
in a followup adoption or in any other primary or followup adoption
conducted thereafter, until the fee assessed has been paid in full.
(f) (1) It is the intent of the Legislature that the fee not be so
substantial that it prevents small publishers or manufacturers from
participating in a followup adoption.
(2) Upon the request of a small publisher or manufacturer, the
state board may reduce the fee for participation in the followup
adoption.
(3) For purposes of this section, "small publisher" or "small
manufacturer" means an independently owned or operated publisher or
manufacturer that is not dominant in its field of operation, and
that, together with its affiliates, has 100 or fewer employees, and
has average annual gross receipts of ten million dollars
($10,000,000) or less over the previous three years.
(g) Notwithstanding subdivision (b) of Section 60200, if the
department determines that there is little or no interest in
participating in a followup adoption by publishers and manufacturers,
it shall recommend to the state board that the followup adoption not
be conducted, and the state board may chose not to conduct the
followup adoption.
(h) Revenue derived from fees charged pursuant to subdivision (e)
shall be budgeted as reimbursements and subject to review through the
annual budget process and may be used to pay costs associated with
any followup adoption and any costs associated with the review of
instructional materials.
SECTION 1. Section 35239 of the Education Code
is amended to read:
35239. (a) In a school district that had an average daily
attendance of 70 or less in the prior fiscal year, a member of the
governing board may receive a reasonable compensation from the
district for necessary work and labor performed by him or her for the
district in repairing the schoolhouse, fences, and other property
belonging to the district, or in furnishing wood or other necessary
supplies.
(b) In a school district that had an average daily attendance of
70 or less in the prior fiscal year, a member of the governing board
may receive a reasonable compensation from the district for providing
services in a classified position if the collective bargaining agent
for classified employees in that district and the governing board
concur that no other qualified person is available.
(c) The requisition drawn pursuant to subdivision (a) or (b) for
payment for services or supplies shall be signed by the other members
of the governing board and shall be approved by the county
superintendent of schools.