BILL NUMBER: SB 1412 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 1998
PASSED THE ASSEMBLY AUGUST 27, 1998
AMENDED IN ASSEMBLY AUGUST 24, 1998
AMENDED IN ASSEMBLY AUGUST 21, 1998
AMENDED IN ASSEMBLY JULY 20, 1998
AMENDED IN ASSEMBLY JULY 9, 1998
AMENDED IN ASSEMBLY JUNE 15, 1998
AMENDED IN SENATE MAY 21, 1998
AMENDED IN SENATE APRIL 13, 1998
AMENDED IN SENATE MARCH 24, 1998
AMENDED IN SENATE MARCH 16, 1998
AMENDED IN SENATE MARCH 3, 1998
INTRODUCED BY Senator Schiff and Assembly Member Bustamante
JANUARY 15, 1998
An act to amend Sections 60242.5 and 60248 of, to add Section
60240.5 to, and to add Article 1.5 (commencing with Section 60007) to
Chapter 1 of, Part 33 of, the Education Code, relating to education.
LEGISLATIVE COUNSEL'S DIGEST
SB 1412, Schiff. Education: textbooks and other instructional
materials: State Instructional Materials Fund.
(1) Existing law, known as the Pupil Textbook and Instructional
Materials Incentive Program Act, requires that, commencing with the
1994-95 fiscal year, as a condition for eligibility for funding
available for purposes of the program, the governing board of a
school district hold a public hearing or hearings regarding the
sufficiency of textbooks or instructional materials for each pupil
and determine whether each school in the district has sufficient
textbooks and instructional materials.
Existing law establishes the State Instructional Materials Fund in
the State Treasury as a means of annually funding the acquisition of
instructional materials as required by the California Constitution.
Existing law requires purchases made pursuant to allowances in the
fund established for school districts to conform to assurances
provided by those school districts. Existing law also requires the
Controller to include procedures to review compliance with this
provision in its independent audit instructions.
This bill would require the State Auditor to annually complete a
review of the audits of school districts, using a stratified random
sample, conducted, and of the instructions of the Controller
developed, pursuant to existing law. The bill would also require the
State Auditor to make recommendations for appropriate legislative
and executive actions necessary to reach full compliance with these
provisions, and to report its findings to the Legislature as
prescribed.
(2) Existing law requires the State Board of Education to encumber
the State Instructional Materials Fund for the purpose of
establishing an allowance for the governing board of each school
district. Existing law authorizes the governing board of a school
district to use this allowance to purchase instructional materials
and tests, to bind basic textbooks that are otherwise usable, and to
fund in-service training.
This bill would delete the authority to use these allowances to
purchase tests. The bill would also specify that the authority of
the State Board of Education under this provision would be limited to
funds allocated for kindergarten and grades 1 to 8, inclusive. The
bill would require that school districts and county offices of
education be audited to ascertain whether they are in compliance with
prescribed provisions relating to the use of funding for textbooks
and other instructional materials.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 1.5 (commencing with Section 60007) is added to
Chapter 1 of Part 33 of the Education Code, to read:
Article 1.5. Provision of Up-to-Date Textbooks and Other
Up-to-Date Instructional Materials
60007. (a) The Legislature hereby finds and declares all of the
following:
(1) It is in the public interest for California to have a
comprehensive policy designed to ensure that each pupil in each grade
in each public school has up-to-date textbooks and other
instructional materials in each subject.
(2) Section 7.5 of Article IX of the California Constitution
requires that the state "adopt textbooks for use in grades one
through eight throughout the State, to be furnished without cost as
provided by statute."
(3) The provision of up-to-date textbooks and instructional
materials is therefore a top priority.
(4) The recent decisions of the state to adopt state standards and
to test the progress of pupils towards those standards will not be
effective unless and until pupils and teachers have textbooks and
other instructional materials that are aligned to those standards.
(b) It is the intent of the Legislature that both of the following
occur:
(1) To fulfill the constitutional mandate cited in paragraph (2)
of subdivision (a), appropriate additional funds shall be earmarked
for the specific purpose of the provision of up-to-date textbooks and
other instructional materials.
(2) In recognition of the critical role of up-to-date textbooks
and other instructional materials, the Legislature intends to
provide adequate funding to assist local school districts in
providing for the cost of basic instructional materials in each
subject in each grade.
60007.5. Notwithstanding Section 62000.4, this article does not
have a sunset date.
SEC. 2. Section 60240.5 is added to the Education Code, to read:
60240.5. (a) The State Auditor shall, using a stratified random
sample, annually complete a review of the audits of school districts
conducted pursuant to Section 60242.5 and of the instructions of the
Controller developed pursuant to Section 60242.5. The report of the
State Auditor shall include the judgment of the State Auditor as to
compliance with Section 60242.5 and recommendations for appropriate
legislative and executive actions necessary to reach full compliance.
(b) The State Auditor shall report its findings under subdivision
(a) to the Legislature on or before January 1 of the fiscal year
following the fiscal year for which the audit is made.
SEC. 3. Section 60242.5 of the Education Code is amended to read:
60242.5. (a) Allowances received by districts pursuant to
Sections 60246 and 60247 shall be deposited into a separate account
as specified by the Superintendent of Public Instruction. These
allowances, including any interest generated by them, shall be used
only for the purchase of instructional materials, tests, or
in-service training pursuant to subdivision (b) of Section 60242 for
kindergarten and grades 1 to 8, inclusive, and for textbooks and
other instructional materials, as defined in Section 60010, for
grades 9 to 12, inclusive. Interest posted to the account shall be
based upon reasonable estimates of monthly balances in the account
and the average rate of interest earned by other funds of the
district.
(b) All purchases of instructional materials made with funds from
this account shall conform to law and the applicable rules and
regulations adopted by the state board, and the district
superintendent shall provide written assurance of that conformance to
the Superintendent of Public Instruction. Commencing September 1,
1984, the Superintendent of Public Instruction may withhold the
allowance established pursuant to Sections 60246 and 60247 for any
district which has failed to file a written assurance for the prior
fiscal year. The Superintendent of Public Instruction may restore
the amount withheld once the district provides the written assurance.
(c) The Controller, in cooperation with the State Department of
Education, shall include procedures to review compliance with this
section, and school district compliance with Section 60119 in its
independent audit instructions.
(d) (1) The annual audit of school districts and county offices of
education conducted pursuant to Section 41020 shall include an audit
of the extent of compliance with the requirements of Sections 60119,
60246, and 60247. The Superintendent of Public Instruction shall
review these audits to ascertain whether the matters certified under
Section 60119 by the school district or county office of education
have been accomplished.
(2) If the Superintendent of Public Instruction finds that a
school district or county office of education has not substantially
complied with Section 60119 , the Superintendent of Public
Instruction shall do both of the following:
(A) First terminate the right of the school district or the county
office of education to use any instructional materials funding for
any purposes other than those set forth in paragraph (1) of
subdivision (a) of Section 60242 for kindergarten and grades 1 to 12,
inclusive, and set forth in subdivision (a) of Section 60010 for
grades 9 to 12, inclusive.
(B) If actions taken pursuant to subparagraph (A) do not result in
compliance, then the Superintendent of Public Instruction shall
cause to be purchased and delivered to the schoolsites sufficient
textbooks and other instructional materials to bring that school
district into compliance. The Superintendent of Public Instruction
shall deduct the cost of these materials and an appropriate state
administrative cost amount from the apportionments made to the
noncompliant school district or county office of education.
(e) The State Board of Education may, upon request of the school
district or the county board of education, waive any penalties under
this section upon a finding that insufficient funds are available.
SEC. 4. Section 60248 of the Education Code is amended to read:
60248. School district governing boards shall use the funds
apportioned pursuant to Section 60247 solely for the purchase of
instructional materials, as defined in subdivisions (a), (h), and (l)
of Section 60010, for pupils in grades 9 to 12, inclusive.
Textbooks purchased with these funds shall be adopted in accordance
with Section 60400.