BILL NUMBER: AB 1246 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN SENATE JULY 6, 2012
AMENDED IN ASSEMBLY JANUARY 23, 2012
AMENDED IN ASSEMBLY JANUARY 4, 2012
AMENDED IN ASSEMBLY AUGUST 30, 2011
INTRODUCED BY Assembly Member Brownley
(Coauthor: Senator Lowenthal)
FEBRUARY 18, 2011
An act to amend Sections 42605, 60119, 60200, 60203,
and 60204 60207 of , to add
Sections 60209 and 60210 to, to add and repeal Section 60053 of, and
to repeal Chapter 3.25 (commencing with Section 60420) of Part 33 of
Division 4 of Title 2 of, the Education Code, relating to
instructional materials.
LEGISLATIVE COUNSEL'S DIGEST
AB 1246, as amended, Brownley. Instructional materials.
(1) Existing law authorizes local educational agencies to use
specified funds for any educational purpose, as provided, and
requires instructional materials purchased by such a local
educational agency to be materials adopted by the State Board of
Education and be aligned with state standards, as specified.
This bill would instead provide that the instructional materials
purchased by such a local educational agency be aligned with state
standards, as specified.
(2) Existing law requires the state board to adopt at least 5
basic instructional materials for all applicable grade levels in
kindergarten and grades 1 to 8, inclusive. Existing law requires the
governing board of each school district maintaining one or more high
schools to adopt instructional materials for use in the high schools
under its control.
This bill would state the intent of the Legislature that the
Superintendent of Public Instruction conduct a study using private
funds to determine the feasibility of a statewide system of digital
distribution of instructional materials, as specified. The bill
would, by December 31, 2014, require the Superintendent to evaluate
the effectiveness of the pilot program and report the results of the
evaluation and the study to the Governor and the appropriate
committees of the Legislature.
(3) Existing law requires that, in order to be eligible for
specified funds, a school district take steps to ensure that each
pupil in each school in the district has sufficient textbooks or
instructional materials that are aligned to adopted content
standards, as specified. Existing law establishes the Academic
Content Standards Commission that is required to develop academic
content standards in English language arts and mathematics.
This bill would require a school district, in order to be eligible
for specified funds, to ensure that there are sufficient textbooks
or instructional materials that are aligned to specified adopted
content standards or the content standards that were developed by the
Academic Content Standards Commission and adopted by the state
board. The bill also would state the intent of the Legislature that
textbooks, instructional materials, and supplemental instructional
materials be deemed to be aligned with the content standards and be
deemed consistent with the content and cycles of the curriculum
framework adopted by the state board, as specified, if the textbooks,
instructional materials, supplemental instructional materials, or a
combination of any such materials are aligned to the content
standards adopted pursuant to specified provisions of law.
(1)
(4) Existing law requires the State Board of
Education state board to adopt basic
instructional materials for use in kindergarten and grades 1 to 8,
inclusive, for governing boards, as defined, subject to specified
provisions , including criteria established by the
state board, as specified, 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 . 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
, and would provide that the criteria established by the state
board for reviewing and adopting instructional materials are required
to be approved by resolution at the time the resolution adopting the
framework for the current adoption is approved, or at least 12
months before the date that the materials are to be approved for
adoption. The bill would delete a provision that requires the state
board to authorize a district governing board, under specified
circumstances, 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 . The bill also would authorize the
Superintendent and school districts to recommend to the state board
instructional materials for its adoption, as specified.
This bill would, among other things, require the State Department
of Education, before conducting an adoption of basic instructional
materials for mathematics, to provide notice, as specified, to all
publishers or manufacturers that each publisher or manufacturer is
required to pay a fee, as specified, to offset the cost of conducting
the adoption process. The bill would further authorize a local
educational agency to use instructional materials that are aligned
with academic content standards, as specified, including basic
instructional materials that have not been adopted by the state
board, and would require the review process conducted by the local
educational agency of those instructional materials to include a
majority of classroom teachers who are assigned to the subject area
or grade level of the materials.
(2)
(5) 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
Instructional Quality 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.
The bill also would require the state board to consider
recommendations for instructional materials from the Superintendent
and comments from the commission, oth er advisory bodies,
and the public before making its decision to adopt instructional
materials.
(6) Existing law requires the state board to adopt revised
curriculum frameworks and evaluation criteria that are aligned to the
content standards adopted, as specified, for mathematics and English
language arts no later than May 30, 2013, and May 30, 2014,
respectively.
This bill would instead require the state board to adopt a revised
curriculum framework for mathematics no later than November 30,
2013. The bill would authorize the state board to adopt instructional
materials for kindergarten and grades 1 to 8, inclusive, that are
aligned to content standards adopted, as specified, for mathematics
no later than February 28, 2014, and would authorize the state board
to adopt evaluation criteria for mathematics no later than March 31,
2013, as specified. The bill also would require the instructional
materials adopted pursuant to these provisions to remain adopted
until the next statewide adoption of instructional materials for
mathematics.
(7) Existing law establishes the Instructional Materials Funding
Realignment Program to provide funding for instructional materials to
school districts on the basis of an equal amount per pupil enrolled
in public elementary and high schools, as specified.
This bill would repeal the provisions relating to the
Instructional Materials Funding Realignment Program.
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 42605 of the
Education Code is amended to read:
42605. (a) (1) Unless otherwise prohibited under federal law or
otherwise specified in subdivision (e), for the 2008-09 fiscal year
to the 2014-15 fiscal year, inclusive, recipients of funds from the
items listed in paragraph (2) may use funding received, pursuant to
subdivision (b), from any of these items listed in paragraph (2) that
are contained in Section 2.00 of the annual Budget Act, for any
educational purpose.
(2) Items 6110-104-0001, 6110-105-0001, 6110-108-0001,
6110-122-0001, 6110-124-0001, 6110-137-0001, 6110-144-0001,
6110-150-0001, 6110-151-0001, 6110-156-0001, 6110-181-0001,
6110-188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001,
6110-195-0001, 6110-198-0001, 6110-204-0001, 6110-208-0001,
6110-209-0001, 6110-211-0001, 6110-227-0001, 6110-228-0001,
6110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001,
6110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001,
6110-248-0001, 6110-260-0001, 6110-265-0001, 6110-266-0001,
6110-267-0001, 6110-268-0001, and 6360-101-0001 of Section 2.00.
(b) (1) For the 2009-10 fiscal year to the 2014-15 fiscal year,
inclusive, the Superintendent or other administering state agency, as
appropriate, shall apportion from the amounts provided in the annual
Budget Act for the items enumerated in paragraph (2) of subdivision
(a) an amount to recipients based on the same relative proportion
that the recipient received in the 2008-09 fiscal year for the
programs funded through the items enumerated in paragraph (2) of
subdivision (a).
(2) This section and Section 42 of Chapter 12 of the Third
Extraordinary Session of the Statutes of 2009 do not authorize a
school district that receives funding on behalf of a charter school
pursuant to Sections 47634.1 and 47651 to redirect this funding for
another purpose unless otherwise authorized in law or pursuant to an
agreement between a charter school and its chartering authority.
Notwithstanding paragraph (1), for the 2008-09 fiscal year to the
2014-15 fiscal year, inclusive, a school district that receives
funding on behalf of a charter school pursuant to Sections 47634.1
and 47651 shall continue to distribute the funds to those charter
schools based on the relative proportion that the school district
distributed in the 2007-08 fiscal year, and shall adjust those
amounts to reflect changes in charter school attendance in the
district. The amounts allocated shall be adjusted for any greater or
lesser amount appropriated for the items enumerated in paragraph (2)
of subdivision (a). For a charter school that began operation in the
2008-09 fiscal year, if a school district received funding on behalf
of that charter school pursuant to Sections 47634.1 and 47651, the
school district shall continue to distribute the funds to that
charter school based on the relative proportion that the school
district distributed in the 2008-09 fiscal year and shall adjust the
amount of those funds to reflect changes in charter school attendance
in the district. The amounts allocated shall be adjusted for any
greater or lesser amount appropriated for the items enumerated in
paragraph (2) of subdivision (a).
(3) Notwithstanding paragraph (1), for the 2008-09 fiscal year to
the 2014-15 fiscal year, inclusive, the Superintendent shall
apportion from the amounts appropriated by Item 6110-211-0001 of
Section 2.00 of the annual Budget Act an amount to a charter school
in accordance with the per-pupil methodology prescribed in
subdivision (c) of Section 47634.1.
(4) Notwithstanding paragraph (1), for the 2008-09 fiscal year to
the 2014-15 fiscal year, inclusive, the Superintendent shall
apportion from the amounts provided in the annual Budget Act an
amount to a school district, charter school, and county office of
education based on the same relative proportion that the local
educational agency received in the 2007-08 fiscal year for the
programs funded through the following items contained in Section 2.00
of the annual Budget Act: 6110-104-0001, 6110-105-0001,
6110-156-0001, 6110-190-0001, Schedule (3) of 6110-193-0001,
6110-198-0001, 6110-232-0001, and Schedule (2) of 6110-240-0001.
(5) For purposes of paragraph (4), if a direct-funded charter
school began operation in the 2008-09 fiscal year, the amount that
the charter school was entitled to receive from the items enumerated
in paragraph (4) for the 2008-09 fiscal year, as certified by the
Superintendent in March 2009, is deemed to have been received in the
2007-08 fiscal year.
(c) (1) This section does not obligate the state to refund or
repay reductions made pursuant to this section. A decision by a
school district to reduce funding pursuant to this section for a
state-mandated local program shall constitute a waiver of the
subvention of funds that the school district is otherwise entitled to
pursuant to Section 6 of Article XIII B of the California
Constitution on the amount so reduced.
(2) (A) As a condition of receipt of funds, the governing board of
the school district or board of the county office of education, as
appropriate, at a regularly scheduled open public hearing shall take
testimony from the public, discuss, approve or disapprove the
proposed use of funding, and make explicit for each of the budget
items in paragraph (2) of subdivision (a) the purposes for which the
funds will be used.
(B) The regularly scheduled open public hearing held pursuant to
subparagraph (A) shall be held prior to
before and independent of a meeting where the governing board
of the school district or governing board of the county office of
education adopts a budget. If the governing board intends to close a
program funded by the items listed in paragraph (2) of subdivision
(a), the governing board shall identify, in the notice of the agenda
of the public hearing or at another public hearing, the program or
programs proposed to be closed.
(3) Using the Standardized Account Code Structure reporting
process, a local educational agency shall report expenditures of
funds pursuant to the authority of this section by using the
appropriate function codes to indicate the activities for which these
funds are expended. The department shall collect and provide this
information to the Department of Finance and the appropriate policy
and budget committees of the Legislature by April 15, 2010, and
annually thereafter on April 15 until, and including, April 15, 2016.
(d) For the 2008-09 fiscal year to the 2014-15 fiscal year,
inclusive, local educational agencies that use the flexibility
provision of this section shall be deemed to be in compliance with
the program and funding requirements contained in statutory,
regulatory, and provisional language, associated with the items
enumerated in subdivision (a).
(e) Notwithstanding subdivision (d), the following requirements
shall continue to apply:
(1) For Item 6110-105-0001 of Section 2.00 of the annual Budget
Act, the amount authorized for flexibility shall exclude the funding
provided to fund remedial educational services pursuant to Provision
4. For Item 6110-156-0001 of Section 2.00 of the annual Budget Act,
the amount authorized for flexibility shall exclude the funding
provided for instruction of CalWORKs-eligible students pursuant to
Schedules (2) and (3) and Provisions 2 and 4.
(2) (A) Any instructional materials purchased by a local
educational agency shall be the materials adopted by the
state board for kindergarten and grades 1 to 8, inclusive,
and for grades 9 to 12, inclusive, the materials purchased
shall be aligned with the state standards
as defined by adopted pursuant to
Section 60605, 60605 or 60605.8, and
shall also meet the reporting and sufficiency requirements contained
in Section 60119.
(B) For purposes of this section, "sufficiency" means that each
pupil has sufficient textbooks and instructional materials in the
four core areas as defined by Section 60119 and that all pupils
within the local educational agency who are enrolled in the same
course shall have identical textbooks and instructional materials, as
specified in Section 1240.3.
(3) For Item 6110-195-0001 of Section 2.00 of the annual Budget
Act, the item shall exclude moneys that are required to fund awards
for teachers that have previously met the requirements necessary to
obtain these awards, until the award is paid in full.
(4) For Item 6110-266-0001 of Section 2.00 of the annual Budget
Act, a county office of education shall conduct at least one site
visit to each of the required schoolsites pursuant to Section 1240
and shall fulfill all of the duties set forth in Sections 1240 and
44258.9.
(5) For Item 6110-198-0001 of Section 2.00 of the annual Budget
Act, a school district or county office of education that operates
the child care component of the Cal-SAFE program shall comply with
paragraphs (5) and (6) of subdivision (c) of Section 54746.
(f) This section does not invalidate any state law pertaining to
teacher credentialing requirements or the functions that require
credentials.
SEC. 2. Section 60053 is added to the
Education Code , to read:
60053. (a) It is the intent of the Legislature that the
Superintendent conduct a study using private funds to determine the
feasibility of a statewide system of digital distribution of
instructional materials that may include a pilot project with one or
more school districts.
(b) The study shall include a cost-benefit analysis and an
examination of the issue of equity of access to digital instructional
materials and the electronic equipment necessary to use
instructional materials in a digital format.
(c) By December 31, 2014, the Superintendent shall evaluate the
effectiveness of the pilot program, and shall report on the results
of the evaluation and the study to the Governor and the appropriate
committees of the Legislature.
(d) (1) A report submitted pursuant to subdivision (c) shall be
submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2017.
SEC. 3. Section 60119 of the Education
Code is amended to read:
60119. (a) In order to be eligible to receive funds available for
the purposes of this article, the governing board
of a school district shall take the following actions:
(1) (A) The governing board of a school district shall
hold a public hearing or hearings at which the governing board shall
encourage participation by parents, teachers, members of the
community interested in the affairs of the school district, and
bargaining unit leaders, and shall make a determination, through a
resolution, as to whether each pupil in each school in the
school district has sufficient textbooks or instructional
materials, or both, that are aligned to the content standards adopted
pursuant to Section 60605 or 60605.8 in each of the
following subjects, as appropriate, that are consistent with the
content and cycles of the curriculum framework adopted by the state
board:
(i) Mathematics.
(ii) Science.
(iii) History-social science.
(iv) English/language English language
arts, including the English language development component of
an adopted program.
(B) The public hearing shall take place on or before the end of
the eighth week from the first day pupils attend school for that
year. A school district that operates schools on a multitrack,
year-round calendar shall hold the hearing on or before the end of
the eighth week from the first day pupils attend school for that year
on any tracks that begin a school year in August or September. For
purposes of the 2004-05 fiscal year only, the governing board of a
school district shall make a diligent effort to hold a public hearing
pursuant to this section on or before December 1, 2004.
(C) As part of the hearing required pursuant to this section, the
governing board of a school district also shall make a
written determination as to whether each pupil enrolled in a foreign
language or health course has sufficient textbooks or instructional
materials that are consistent with the content and cycles of the
curriculum frameworks adopted by the state board for those subjects.
The governing board of a school district also shall
determine the availability of laboratory science equipment as
applicable to science laboratory courses offered in grades 9 to 12,
inclusive. The provision of the textbooks, instructional materials,
or science equipment specified in this subparagraph is not a
condition of receipt of funds provided by this subdivision.
(2) (A) If the governing board of a school district
determines that there are insufficient textbooks or instructional
materials, or both, the governing board shall provide information to
classroom teachers and to the public setting forth, in the
resolution, for each school in which an insufficiency exists, the
percentage of pupils who lack sufficient standards-aligned textbooks
or instructional materials in each subject area and the reasons that
each pupil does not have sufficient textbooks or instructional
materials, or both, and take any action, except an action that would
require reimbursement by the Commission on State Mandates, to ensure
that each pupil has sufficient textbooks or instructional materials,
or both, within two months of the beginning of the school year in
which the determination is made.
(B) In carrying out subparagraph (A), the governing board of
a school district may use money in any of the following funds:
(i) Any funds available for textbooks or instructional materials,
or both, from categorical programs, including any funds allocated to
school districts that have been appropriated in the annual Budget
Act.
(ii) Any funds of the school district that are in excess of the
amount available for each pupil during the prior fiscal year to
purchase textbooks or instructional materials, or both.
(iii) Any other funds available to the school district for
textbooks or instructional materials, or both.
(b) The governing board of a school district shall
provide 10 days' notice of the public hearing or hearings set forth
in subdivision (a). The notice shall contain the time, place, and
purpose of the hearing and shall be posted in three public places in
the school district. The hearing shall be held at a time that will
encourage the attendance of teachers and parents and guardians of
pupils who attend the schools in the school district and
shall not take place during or immediately following school hours.
(c) (1) For purposes of this section, "sufficient textbooks or
instructional materials" means that each pupil, including English
learners, has a standards-aligned textbook or instructional
materials, or both, to use in class and to take home. This paragraph
does not require two sets of textbooks or instructional materials for
each pupil. The materials may be in a digital format as long as each
pupil, at a minimum, has and can access the same materials in the
class and to take home, as all other pupils in the same class or
course in the school district and has the ability to use
and access them at home.
(2) Sufficient textbooks or instructional materials as defined in
paragraph (1), does not include photocopied sheets from only a
portion of a textbook or instructional materials copied to address a
shortage.
(d) The governing board of a school district that receives funds
for instructional materials from any state source is subject to the
requirements of this section.
(e) It is the intent of the Legislature that textbooks,
instructional materials, and supplemental instructional materials be
deemed to be aligned with the content standards pursuant to
subdivisions (a) and (c), and be deemed consistent with the content
and cycles of the curriculum framework adopted by the state board
pursuant to subdivision (a) if the textbooks, instructional
materials, supplemental instructional materials, or a combination of
any such materials are aligned to the content standards adopted
pursuant to Section 60605 or 60605.8.
SECTION 1. SEC. 4. 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 , and
English language development . 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 Instructional
materials may be submitted for review
adoption 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)
(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) If a publisher or manufacturer submits an
revisions to currently adopted 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 Submitted
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
submission date of the materials are
recommended by the Superintendent or a school district,
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.
(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 a school district,
the Superintendent, or both.
(5)
(4) 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)
(5) 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)
(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) 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
12 months before the date that the materials are to be approved
for adoption.
(e)
(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 on one or more of the criteria established
under subdivision (d) (c) . 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)
(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 (d) (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.
(g)
(f) 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)
(g) 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)
(h) 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 on 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) (4) of subdivision
(c) (b) . The lists shall terminate and
shall no longer be effective on the date prescribed by the state
board pursuant to this subdivision.
(k)
(i) 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)
(j) A composite listing in the format of an order form
may be used to meet the requirements of this section.
(m)
(k) The lists maintained pursuant to this section shall
not be deemed to control the use period by any school district.
(n)
(l) 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) (c) .
(o)
(m) 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)
(n) The state board may adopt regulations that provide
for other exceptions to this section, as determined by the board.
(q)
(o) The Superintendent shall develop, and the state
board shall adopt, guidelines to implement this section.
SEC. 2. SEC. 5. Section 60203 of the
Education Code is amended to read:
60203. (a) The state board shall hold a
public hearing before adopting instructional materials for use in the
elementary schools of the state.
(b) The state board shall consider recommendations for
instructional materials from the Superintendent before making its
decision to adopt instructional materials.
(c) The state board shall consider comments from the commission,
other advisory bodies, and the public before making its decision to
adopt instructional materials.
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) Upon request of the state board, review both of the following:
(1) Reports of findings made by the Superintendent or by school
districts pursuant to paragraph (3) of subdivision (c) of Section
60200.
(2) Instructional materials.
(d) Hear appeals at the request of the state board.
(e) Upon request of the state board, 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.
SEC. 6. Section 60207 of the Education
Code is amended to read:
60207. (a) Notwithstanding Section 60200.7, the state board shall
adopt revised both of the following:
(1) Revised curriculum frameworks
and evaluation criteria that are aligned to the content standards
adopted pursuant to Section 60605.8 for mathematics and
English language arts no later than May 30, 2013,
and May 30, 2014, respectively 2014
.
(2) Revised curriculum frameworks that are aligned to the content
standards adopted pursuant to Section 60605.8 for mathematics no
later than November 30, 2013.
(b) Notwithstanding Section 60200.7, the state board may adopt
instructional materials for kindergarten and grades 1 to 8,
inclusive, that are aligned to the content standards adopted pursuant
to Section 60605.8 for mathematics no later than February 28, 2014.
(1) For purposes of adopting instructional materials for
mathematics pursuant to this subdivision, the state board may adopt
evaluation criteria for mathematics no later than March 31, 2013. The
criteria may allow for the adoption of materials that have been
reviewed and adopted by another state that has adopted the common
core academic content standards.
(2) Instructional materials adopted pursuant to this subdivision
shall remain adopted until the next statewide adoption of
instructional materials for mathematics.
(b)
(c) State board policies shall ensure that the English
language arts curriculum frameworks for kindergarten and grades 1 to
12, inclusive, and instructional materials for kindergarten and
grades 1 to 8, inclusive, include the English language development
standards as adopted by the state board in 1997 and revised
thereafter, and English language development strategies in the core
subjects of mathematics, science, and history-social science.
(c)
(d) State board policies shall ensure that curriculum
frameworks for kindergarten and grades 1 to 12, inclusive, and
instructional materials for kindergarten and grades 1 to 8,
inclusive, include strategies to address the needs of pupils with
disabilities in the four core subjects of mathematics, science,
history-social science, and English language arts.
(d)
(e) Each curriculum framework that the state board
adopts shall describe, to the extent the state board deems
appropriate, the manner in which content can be delivered to
intentionally build all of the following skills into and across each
content area:
(1) Creativity and innovation, including, but not limited to,
thinking creatively, working creatively with others, and implementing
innovations.
(2) Critical thinking and problem solving, including, but not
limited to, reasoning effectively, using systems thinking, making
judgments and decisions, and solving problems.
(3) Collaboration, including, but not limited to, working
effectively in diverse teams, adapting to change and being flexible,
demonstrating initiative and self-direction, working independently,
demonstrating productivity and accountability, and demonstrating
leadership and responsibility.
(4) Communication, including, but not limited to, communicating
clearly and effectively through reading, writing, and speaking.
(5) Construction and exploration of new understandings of
knowledge through the integration of content from one subject area to
another and to provide pupils with multiple modes for demonstrating
innovative learning.
SEC. 7. Section 60209 is added to the
Education Code , to read:
60209. For purposes of conducting an adoption of basic
instructional materials for mathematics pursuant to Section 60207,
all of the following shall apply:
(a) The department shall provide notice, pursuant to subdivision
(b), 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.
(b) The notice shall specify that each publisher or manufacturer
choosing to participate in the adoption shall be assessed a fee based
on 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.
(c) The fee assessed pursuant to subdivision (d) shall be in an
amount that does not exceed the reasonable costs to the department in
conducting the adoption process. The department shall take
reasonable steps to limit costs of the adoption and to keep the fee
modest.
(d) The department, before incurring substantial costs for the
adoption, shall require that a publisher or manufacturer that wishes
to participate in the adoption first declare the intent to submit one
or more specific programs for adoption and specify the specific
grade levels to be covered by each program.
(1) 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, the department shall assess a fee that shall be payable
by the publisher or manufacturer even if the publisher or
manufacturer subsequently chooses to withdraw a program or reduce the
number of grade levels covered.
(2) A submission by a publisher or manufacturer shall not be
reviewed for purposes of adoption until the fee assessed has been
paid in full.
(e) (1) Upon the request of a small publisher or small
manufacturer, or a school district submitting locally developed
materials, the state board may reduce the fee for participation in
the adoption.
(2) For purposes of this section, "small publisher" and "small
manufacturer" mean 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.
(f) If the department determines that there is little or no
interest in participating in an adoption by publishers and
manufacturers, the department shall recommend to the state board that
the adoption not be conducted, and the state board may choose not to
conduct the adoption.
(g) Revenue derived from fees assessed pursuant to subdivision (d)
shall be budgeted as reimbursements and subject to review through
the annual budget process, and may be used to pay for costs
associated with any adoption and for any costs associated with the
review of instructional materials, including reimbursement of
substitute costs for teacher reviewers and may be used to cover
stipends for content review experts.
SEC. 8. Section 60210 is added to the
Education Code , to read:
60210. (a) Notwithstanding any other law, a local educational
agency may use instructional materials that are aligned with the
academic content standards adopted pursuant to Section 60605 or
60605.8, including instructional materials that have not been adopted
by the state board pursuant to Section 60200.
(b) Instructional materials for mathematics that are aligned to
common core academic content standards developed by the Common Core
State Standards Initiative consortium pursuant to Section 60605.7
shall be deemed to be aligned to the content standards adopted
pursuant to Section 60605 or 60605.8 for purposes of Section 60119.
(c) If a local educational agency chooses to use instructional
materials that have not been adopted by the state board, the local
educational agency shall ensure that a majority of classroom teachers
who are assigned to the subject area or grade level of the materials
are part of any review process conducted by the local educational
agency.
SEC. 9. Chapter 3.25 (commencing with Section
60420) of Part 33 of Division 4 of Title 2 of the
Education Code is repealed.