BILL NUMBER: SB 613 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Alquist
FEBRUARY 18, 2011
An act to amend Sections 60010, 60200, and 60400 of the Education
Code, relating to instructional materials.
LEGISLATIVE COUNSEL'S DIGEST
SB 613, as introduced, Alquist. Instructional materials:
open-source.
Existing law requires the State Board of Education to adopt at
least 5 basic instructional materials in specified subject areas for
use in kindergarten and grades 1 to 8, inclusive. Existing law also
requires the governing board of each school district maintaining one
or more high schools to adopt instructional materials that meet
specified criteria for use in the high schools under its control.
This bill would require at least one-half, or one-half plus one in
the case of an odd number, of the basic instructional materials
adopted by the state board to be open-source instructional materials.
The bill would require at least one of the instructional materials
adopted by a high school governing board to be an open-source
instructional material, thereby imposing a state-mandated local
program. The bill would define an open-source instructional material
as an instructional material that is available in a digital format,
is free to view online, and may be developed in a specified manner.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 60010 of the Education Code is amended to read:
60010. For purposes of this part, the following terms have the
following meanings unless the context in which they appear clearly
requires otherwise:
(a) "Basic instructional materials" means instructional materials
that are designed for use by pupils as a principal learning resource
and that meet in organization and content the basic requirements of
the intended course.
(b) "Commission" means the Curriculum Development and Supplemental
Materials Commission.
(c) "Curriculum framework" means an outline of the components of a
given course of study designed to provide state direction to school
districts in the provision of instructional programs.
(d) "District board" means the board of education or governing
board of a county, city and county, city, or other district that has
the duty to provide for the education of the children in its county,
city and county, city, or district.
(e) "Elementary school" means all public schools in which
instruction is given through grade 8 or in any one or more of those
grades.
(f) "Governing boards" means the state board and any one or more
district boards.
(g) "High school" means all public schools other than elementary
schools in which instruction is given through grade 12, or in any one
or more of those grades.
(h) "Instructional materials" means all materials that are
designed for use by pupils and their teachers as a learning resource
and help pupils to acquire facts, skills, or opinions or to develop
cognitive processes. Instructional materials may be printed or
nonprinted, and may include textbooks, technology-based materials,
other educational materials, and tests.
(i) "Nonpublic school" means a school that both satisfies the
requirements of Section 48222, and is exempt from taxation under
Section 214 of the Revenue and Taxation Code.
(j) "Open-source instructional materials" means instructional
materials that are available in a digital format and free to view
online. The materials may be developed in either of the following
manners:
(1) Through a consortium of other states, of which the State of
California may be a part, that develops free open-source
instructional materials that are linked to the common core academic
standards developed by the Common Core State Standards Initiative
consortium.
(2) By a single author or publisher.
(j)
(k) "School official" means a member of a governing
board, a city, county, city and county, or district superintendent of
schools, and a principal, teacher, or other employee under his or
her charge.
(k)
(l) "State board" means the State Board of Education.
( l )
(m) "Supplementary instructional materials" means
instructional materials designed to serve, but not be limited to, one
or more of the following purposes, for a given subject, at a given
grade level:
(1) To provide more complete coverage of a subject or subjects
included in a given course.
(2) To provide for meeting the various learning ability levels of
pupils in a given age group or grade level.
(3) To provide for meeting the diverse educational needs of pupils
with a language disability in a given age group or grade level.
(4) To provide for meeting the diverse educational needs of pupils
reflective of a condition of cultural pluralism.
(5) To use current, relevant technology that further engages
interactive learning in the classroom and beyond.
(m)
(n) (1) "Technology-based materials" means basic or
supplemental instructional materials that are designed for use by
pupils and teachers as learning resources and that require the
availability of electronic equipment in order to be used as a
learning resource. Technology-based materials include, but are not
limited to, software programs, video disks, compact disks, optical
disks, video and audiotapes, lesson plans, and databases.
(2) Technology-based materials do not include the electronic
equipment required to make use of those materials, unless that
equipment is to be used by pupils and teachers as a learning
resource. However, this shall not be construed to authorize a school
district to replace computers or related equipment in an existing
computer lab or allow a school district to establish a new computer
lab.
(3) Nothing in this subdivision shall be construed to relieve a
school district of the obligation to provide pupils with sufficient
textbooks or instructional materials pursuant to paragraph (1) of
subdivision (c) of Section 60119. If a county office of education
determines that a school district is out of compliance with paragraph
(1) of subdivision (c) of Section 60119, that school district is not
authorized to procure electronic equipment pursuant to paragraph (2)
of this subdivision.
(n)
(o) "Test" means a device used to measure the knowledge
or achievement of pupils.
SEC. 2. 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, of which at least one-half, or one-half plus one in the
case of an off number, shall be open-source instructional materials,
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
categories:
(1) Language arts, including, but not limited to, spelling and
reading. However, the state board may shall
not adopt basic instructional materials in this category or the
category specified by paragraph (2) in the year succeeding the year
in which the state board adopts basic instructional materials in this
category for the same grade level.
(2) Mathematics. However, the state board may
shall not adopt basic instructional materials in this
category or the category specified by paragraph (1) in the year
succeeding the year in which the state board adopts basic
instructional materials in this category for the same grade level.
(3) Science.
(4) Social science.
(5) Bilingual or bicultural subjects.
(6) Any other Another subject,
discipline, or interdisciplinary areas area
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 (5), inclusive, of
subdivision (a) not less than two times every six years and in any
of the subject areas pursuant to paragraph (6) of subdivision (a) not
less than two times every eight years. The state board shall ensure
that curriculum frameworks are reviewed and adopted in each subject
area consistent with the six- and eight-year submission cycles 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) 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.
(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) Adequately cover the subject area for 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 board determines that the use of the
commercial brand name, product, or corporate or company logo is
appropriate based on one of the following specific findings:
(A) If text, the use of the commercial brand name, product, or
corporate or company logo in the instructional materials is necessary
for an educational purpose, as defined in the guidelines or
frameworks adopted by the state board.
(B) If an illustration, the appearance of a commercial brand name,
product, or corporate or company logo in an illustration in
instructional materials is incidental to the general nature of the
illustration.
(6) Meet other criteria as are established by the state board as
being necessary to accomplish the intent of Section 7.5 of Article IX
of the California Constitution and of Section 1 of Chapter 1181 of
the Statutes of 1989, provided that the criteria are approved by
resolution at the time the resolution adopting the framework for the
current adoption is approved, or at least 30 months prior to 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 upon 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 commission 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) If a district board 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 district, the
state board shall authorize that district governing board 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.
(h) 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.
(i) 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 board for continuing items on
that list shall be the date on which the state board adopts
instructional materials based upon a new or revised curriculum
framework. Lists of adopted materials shall be made available by
subject and grade level. The lists shall terminate and shall no
longer be effective on the date prescribed by the state board
pursuant to this subdivision.
(j) 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.
(k) A composite listing in the format of an order form may be used
to meet the requirements of this section.
( l ) The lists maintained pursuant to this section
shall not be deemed to control the use period by any school district.
(m) 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).
(n) 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.
(o) The state board may adopt regulations that provide for other
exceptions to this section, as determined by the board.
(p) The Superintendent shall develop, and the state board shall
adopt, guidelines to implement this section.
SEC. 3. Section 60400 of the Education Code is amended to read:
60400. The governing board of each school district maintaining
one or more high schools shall adopt instructional materials for use
in the high schools under its control. At least one of the
instructional materials adopted by the governing board shall be an
open-source instructional mat erial. Only
instruction materials of those publishers who comply with the
requirements of Article 3 (commencing with Section 60040) and Article
4 (commencing with Section 60060) of Chapter 1 of this part and of
Section 60226 may be adopted by the district
governing board.
SEC. 4. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.