BILL NUMBER: AB 1246 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 23, 2012
AMENDED IN ASSEMBLY JANUARY 4, 2012
AMENDED IN ASSEMBLY AUGUST 30, 2011
INTRODUCED BY Assembly Member Brownley
FEBRUARY 18, 2011
An act to amend Sections 60200, 60203, and 60204 of the Education
Code, relating to instructional materials.
LEGISLATIVE COUNSEL'S DIGEST
AB 1246, as amended, Brownley. Instructional materials.
(1) Existing law requires the State Board of Education to adopt
basic instructional materials for use in kindergarten and grades 1 to
8, inclusive, for governing boards, as defined, subject to specified
provisions. Existing law authorizes instructional materials to be
submitted for adoption in certain subject areas according to 6- and
8-year submission cycles.
This bill would require the Superintendent of Public Instruction,
and authorize school districts, to submit instructional materials for
review to the state board, which would be required to adopt
procedures for the review of those submitted instructional materials.
The bill would add additional requirements for the review and
adoption of instructional materials, including, but not limited to,
changing the submission cycles to 8 years for all subject areas and
requiring the State Department of Education to assess a reasonable
fee on a publisher or manufacturer if it submits instructional
materials for review after the applicable timeframe. The bill also
would authorize the Superintendent and school districts to recommend
to the state board instructional materials for its adoption, as
specified.
(2) Existing law requires the Instructional Quality Commission
(commission) to perform specified duties related to
instructional materials for use in elementary schools, including the
recommendation of instructional materials for adoption to the state
board. Existing law also requires the state board to give the
commission a public hearing before making any adoption of
instructional materials for use in elementary schools.
This bill would delete the requirement that the commission
recommend instructional materials for adoption to the state board and
would require the commission to perform additional prescribed
functions, as specified. The bill would prohibit the commission
from performing certain functions unless funds are available in the
Budget Act for the commission. The bill also would
require the state board to hold a public hearing before adopting
instructional materials for use in elementary schools.
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
subject areas:
(1) Language arts, including, but not limited to, spelling and
reading. The state board may not adopt basic instructional materials
in this subject area or the subject area specified by paragraph (2)
in the year succeeding the year in which the state board adopts basic
instructional materials in this subject area for the same grade
level.
(2) Mathematics. The state board may not adopt basic instructional
materials in this subject area or the subject area specified by
paragraph (1) in the year succeeding the year in which the state
board adopts basic instructional materials in this subject area 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 adopt procedures for the submission of
basic instructional materials and for the review of submitted
instructional materials by the Superintendent and school districts in
order to comply with each of the following:
(1) The Superintendent shall, and school districts may, submit
instructional materials for review in any of the subject areas
pursuant to paragraphs (1) to (6), inclusive, of subdivision (a)
every eight years. The state board shall ensure that curriculum
frameworks are reviewed and adopted in each subject area 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 have been previously rejected if
those resubmitted materials have no substantive changes.
(2) If a publisher or manufacturer submits an instructional
material for review to the Superintendent after the timeframe
specified by the state board, the department shall assess a fee on
the submitting publisher or manufacturer in an amount that shall not
exceed the reasonable costs to the department to conduct a review of
the instructional material pursuant to this section.
(3) Instructional materials recommended by the Superintendent or a
school district for adoption by the state board shall be adopted or
rejected within six months of the date the materials are recommended
by the Superintendent or a school district, 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.
(4) Instructional materials submitted by school districts may be
developed by either a district or by publishers or manufacturers of
instructional materials. Publishers or manufacturers of instructional
materials may submit instructional materials to either a school
district or to the Superintendent.
(5) The process for review of instructional materials shall
involve review committees, which shall include, but not be limited
to, volunteer content experts and instructional material reviewers,
and shall be composed of a majority of classroom teachers from a wide
variety of affected grade levels and subject areas.
(6) The rules and procedures for adoption of instructional
materials shall be transparent and consistently applicable regardless
of the format of the instructional materials, which may include, but
not be limited to, print, digital, and open-source instructional
materials.
(c) (1) The Superintendent and school districts may recommend to
the state board instructional materials for its adoption and use in
kindergarten and grades 1 to 8, inclusive.
(2) The Superintendent or a school district may recommend only
instructional materials that meet the criteria specified in
paragraphs (1) to (5), inclusive, of subdivision (d) and any other
criteria that the state board may establish as necessary to
accomplish the intent of Section 7.5 of Article IX of the California
Constitution.
(3) When the Superintendent and school districts recommend
instructional materials to the state board, they shall include
reports of findings that include information regarding alignment of
standards, program organization, pupil assessments, teacher support,
and support for English learners and pupils with disabilities.
(4) The governing board of a school district choosing to recommend
instructional materials to the state board shall ensure that a
majority of a review committee convened by the school district for
the purpose of selecting the instructional materials is composed of
classroom teachers who are assigned to teach the grade in which the
instructional materials are to be used.
(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 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) Are aligned to the content standards adopted by the state
board in the subject area and 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 state 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 before 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 under subdivision (d). In providing this
explanation, the state board may use, in whole or in part, materials
written by the Superintendent, school districts, or any other
advisers to the state board.
(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 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.
(g) This section does not limit the authority of the state board
to adopt materials that are not basic instructional materials.
(h) If the governing board of a school district 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 school district, the state board shall authorize that governing
board of the school district 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 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 state 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 instructional materials shall be made
available by subject and grade level to school districts and posted
on the department's Internet Web site, and shall include information
from the reports of findings pursuant to paragraph (3) of subdivision
(c). The lists shall terminate and shall no longer be effective on
the date prescribed by the state board pursuant to this subdivision.
(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. 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.
(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 any 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 board.
(q) The Superintendent shall develop, and the state board shall
adopt, guidelines to implement this section.
SEC. 2. Section 60203 of the Education Code is amended to read:
60203. The state board shall hold a public hearing before
adopting instructional materials for use in the elementary schools of
the state.
SEC. 3. Section 60204 of the Education Code is amended to read:
60204. The Instructional Quality Commission established pursuant
to Section 33530 shall do all of the following:
(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 comply with
the provisions of 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 any person requesting that
information.
(1) The criteria for English language arts instructional materials
shall include directions to publishers to align both lessons and
teacher's editions, as appropriate, with English language development
standards and incorporate strategies to address, at every grade
level, the needs of all English learners. The criteria for other
subject areas shall include directions to publishers to incorporate
strategies for English learners that are consistent with the English
language development standards.
(2) The criteria also shall include directions to publishers to
incorporate instructional strategies to address the needs of pupils
with disabilities in both lessons and teacher's editions, as
appropriate, at every grade level and subject.
(c) Review reports of findings made by the Superintendent or by
school districts pursuant to paragraph (3) of subdivision (c) of
Section 60200, at the request of the state board, and review
instructional materials, as necessary.
(d) Hear appeals at the request of the state board.
(e) Give independent advice to the state board about whether
instructional materials meet the evaluation criteria developed
pursuant to subdivision (b).
(f) 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.
(g) Advise and make recommendations to the state board, including,
but not limited to, what policies and activities are needed to
implement the state's academic content standards, and bring the state'
s curriculum frameworks, instructional materials, professional
development programs, pupil assessments, and academic accountability
systems into alignment with those standards.
(h) Subdivisions (c), (d), and (e) of this section shall not be
implemented unless funds are available in the Budget Act for the
Instructional Quality Commission.