BILL NUMBER: AB 1246	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 24, 2012
	AMENDED IN SENATE  AUGUST 21, 2012
	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 60207 of,
to add Sections 60209 and 60210 to, 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 that, in order to be eligible for
specified funds, a school district take steps to ensure that each
pupil in each school in the  school  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, for the purpose of transitioning to
instructional materials that are aligned with the common core
academic content standards, 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.
   (3) Existing law requires the 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 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  school  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.
   This bill would, among other things, require the department,
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 a
majority of the participants of any review process conducted by the
local educational agency to be classroom teachers who are assigned to
the subject area or grade level of the materials.
   (4) Existing law requires the state board to give the
Instructional Quality Commission a public hearing before making any
adoption of instructional materials for use in elementary schools.
   This bill would require the state board to hold a public hearing
before adopting instructional materials for use in elementary
schools. The bill also would, upon review of the commission's
recommendations for instructional materials, authorize the
Superintendent of Public Instruction to make alternative
recommendations for instructional materials, and would require the
state board to consider the Superintendent's recommendations and
comments from other advisory bodies and the public before making its
decision to adopt instructional materials.
   (5) 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 March 30, 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.
   (6) 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. 
   (7) This bill would provide that it would become operative only if
AB 1719 of the 2011-12 Regular Session is also enacted and takes
effect on or before January 1, 2013. 
   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.    (a) It is the intent of the
Legislature, in enacting this act, to continue the implementation of
the common core academic content standards by ensuring the adoption
of instructional materials that are aligned to the common core
academic content standards for mathematics and by providing local
educational agencies flexibility in their use of instructional
materials.  
   (b) It is further the intent of the Legislature to ensure that
school districts have access to as many high-quality
standards-aligned instructional material options as possible, so that
educators may have as many rigorous options in choosing the best
instructional materials that meet the needs of all pupils, including
English learners and pupils with disabilities, and that ensure that
their pupils are able to master the academic content standards
adopted by the State Board of Education pursuant to Section 60605.8
of the Education Code. 
   SECTION 1.   SEC. 2.   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 governing 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 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 for kindergarten and grades 1 to 8, inclusive, and
for grades 9 to 12, inclusive, shall be aligned with the state
standards adopted pursuant to Section 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.   SEC. 3.   Section 60119 of the
Education Code is amended to read:
   60119.  (a) In order to be eligible to receive funds available for
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 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 moneys 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) do 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) For the purpose of transitioning to instructional materials
that are aligned with the common core academic content standards, 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.
   SEC. 3.   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,
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 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 (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 (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 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) 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.
   (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.
   (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) 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 12 months before 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 on 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 Superintendent 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) 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.
   (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 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 from the review committees pursuant to
paragraph (4) of subdivision (b). The lists shall terminate and shall
no longer be effective on the date prescribed by the state board
pursuant to this subdivision.
   (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.
   (j) A composite listing in the format of an order form may be used
to meet the requirements of this section.
   (k) The lists maintained pursuant to this section shall not be
deemed to control the use period by any school district.
   (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 (c).
   (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.
   (n) The state board may adopt regulations that provide for other
exceptions to this section, as determined by the  state 
board.
   (o) The Superintendent shall develop, and the state board shall
adopt, guidelines to implement this section.
              SEC. 4.   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) Upon review of the commission's recommendations for
instructional materials, the Superintendent may make alternative
recommendations for instructional materials and the state board shall
consider the Superintendent's recommendations before making its
decision to adopt instructional materials.
   (c) The state board shall consider comments from other advisory
bodies and the public before making its decision to adopt
instructional materials.
   SEC. 5.   SEC. 6.   Section 60207 of the
Education Code is amended to read:
   60207.  (a) Notwithstanding Section 60200.7, the state board shall
adopt 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 English language arts no later than May 30, 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 March 30, 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.
   (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.
   (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.
   (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. 6.   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, 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   whether or not  the adoption
 not be   shall 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. 7.   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 the participants
of any review process conducted by the local educational agency are
classroom teachers who are assigned to the subject area or grade
level of the materials.
   SEC. 8.   SEC. 9.   Chapter 3.25
(commencing with Section 60420) of Part 33 of Division 4 of Title 2
of the Education Code is repealed.
   SEC. 10.    This act shall become operative only if
Assembly Bill 1719 of the 2011-12 Regular Session is also enacted and
takes effect on or before January 1, 2013.