BILL NUMBER: SB 509	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 14, 2011

INTRODUCED BY   Senator Price

                        FEBRUARY 17, 2011

    An act to amend Sections 42605 and 60119 of the Education
Code,   An act to amend Section 1240.3 of the Education
Code,  relating to instructional materials.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 509, as amended, Price. Instructional  materials:
funding.   materials.  
   Existing law states the Legislature's intent that each local
educational agency provide each pupil with standards-aligned
textbooks or instructional materials from the same adoption,
consistent with specified provisions of law.  
   This bill would authorize each school district to purchase the
newest adopted instructional materials for the neediest schools in
the school district, as defined, prior to purchasing these materials
for the remaining schools in the district.  
   Existing law establishes the Pupil Textbook and Instructional
Materials Incentive Program and requires the governing board of a
school district to take specified actions to be eligible to receive
funds pursuant to the program, including, but not limited to, holding
a public hearing or hearings to determine whether each pupil in each
school in the district has sufficient textbooks or instructional
materials, or both, that are aligned to specified content standards.
Existing law defines sufficient textbooks or instructional materials
for purposes of the program.  
   This bill would amend the definition of sufficient textbooks or
instructional materials to require those materials to meet the most
recently adopted standards and criteria for instructional materials
and to include copyrights that are not more than 8 years old, unless
the State Board of Education waives this requirement upon a finding
that an instructional material with a copyright older than 8 years
provides continuous improvement in pupil performance. 

   Existing law authorizes local educational agencies to use
specified funding in a flexible manner for the 2008-09 to 2012-2013
fiscal years, inclusive. Existing law provides that agencies
participating in this flexible funding provision are in compliance
with associated statutory, regulatory, and provisional language, but
are still required to comply with specified provisions, including,
but not limited to, a requirement that instructional materials
purchased by a local educational agency meet certain criteria.
 
   This bill would only allow a local educational agency to
participate in that flexible funding provision if the agency provides
sufficient textbooks or instructional materials, as that term is
defined for purposes of the Pupil Textbook and Instructional
Materials Incentive Program. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1240.3 of the  
Education Code   is amended to read: 
   1240.3.  (a) For  the  purposes of Section 1240,
for the 2008-09 to 2014-15 fiscal years, inclusive, sufficient
textbooks or instructional materials include standards-aligned
textbooks or instructional materials, or both, that were adopted
prior to July 1, 2008, by the state board or local educational agency
pursuant to statute, unless those local educational agencies
purchased or arranged to purchase textbooks or instructional
materials adopted by the state board after that date. It is the
intent of the Legislature that each local educational agency provide
each pupil with standards-aligned textbooks or instructional
materials from the same adoption, consistent with Sections 60119 and
60422.  However, a school district may purchase the newest
adopted instructional materials for the neediest schools in the
school district, defined as schools ranked in deciles 1 to 3,
inclusive, of the base Academic Performance Index in the past three
school years, prior to purchasing these materials for the remaining
schools in the district. For those schools that do not have three
years of valid ra   nkings in the base Academic Performance
Index, a school district may establish criteria to define the
"neediest schools" for purposes of this subdivision. This
section does not require a local educational agency to purchase all
of the instructional materials included in an adoption if the
materials that are purchased are made available to all the pupils for
whom they are intended in all of the schools within the local
educational agency.
   (b) Notwithstanding Section 1240 or any other law, for the 2008-09
to 2014-15 fiscal years, inclusive, a county superintendent of
schools, in making visits to schools as specified in Section 1240,
shall determine the status of sufficient textbooks as defined in
subdivision (a).
   (c) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute that
is enacted before January 1, 2016, deletes or extends the dates on
which it becomes inoperative and is repealed. All matter omitted in
this version of the bill appears in the bill as introduced in the
Senate, February 17, 2011. (JR11)