BILL NUMBER: SB 509 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Price
FEBRUARY 17, 2011
An act to amend Sections 42605 and 60119 of the Education Code,
relating to instructional materials.
LEGISLATIVE COUNSEL'S DIGEST
SB 509, as introduced, Price. Instructional materials: funding.
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.
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 2012-13 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 an annual Budget Act, for any educational purpose.
(2) Items 6110-104-0001, 6110-105-0001, 6110-108-0001,
6110-122-0001, 6110-123-0001, 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 2012-13 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 2009-10 Third
Extraordinary Session 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 2012-13 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 2012-13 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 2012-13 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 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) 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.
(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, 2014.
(d) For the 2008-09 fiscal year to the 2012-13 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
(e) (1)
Notwithstanding subdivision (d), the flexibility provision of this
section shall only be available to local educational agencies that
provide sufficient textbooks or instructional materials, as that term
is defined in subdivision (c) of Section 60119.
(2) Notwithstanding subdivision
(d), the following requirements shall continue to apply:
(1)
(A) For Items 6110-105-0001 and 6110-156-0001, 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)
(B) (i) 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 state standards as defined
by Section 60605, and shall also meet the reporting and sufficiency
requirements contained in Section 60119.
(B)
(ii) 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)
(C) For Item 6110-195-0001, 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)
(D) For Item 6110-266-0001, 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)
(E) For Item 6110-198-0001, 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 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 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 district has sufficient textbooks or
instructional materials, or both, that are aligned to the content
standards adopted pursuant to Section 60605 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 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 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 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 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 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 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 district and has the ability to use and access them at
home. Sufficient textbooks or instructional materials, whether
digital or print, shall meet the most recently adopted
standards and criteria for instructional materials and shall not
include a copyright that is more than eight years old, unless the
state board waives this requirement upon a finding that instructional
materials with copyrights older than eight years provide continuous
improvement in pupil performance.
(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.