Bill Text: CA AB146 | 2009-2010 | Regular Session | Enrolled

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Bill Title: Instructional materials: delivery.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB146 Detail]

Download: California-2009-AB146-Enrolled.html

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BILL NUMBER: AB 146	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 3, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2009
	AMENDED IN SENATE  SEPTEMBER 1, 2009
	AMENDED IN SENATE  JUNE 18, 2009
	AMENDED IN ASSEMBLY  MARCH 25, 2009

INTRODUCED BY   Assembly Member Mendoza

                        JANUARY 22, 2009

   An act to amend Section 60061.5 of the Education Code, relating to
instructional materials.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 146, Mendoza. Instructional materials: delivery.
   Existing law requires the State Board of Education to adopt basic
instructional materials for use in kindergarten and grades 1 to 8,
inclusive. Every publisher or manufacturer of instructional materials
offered for adoption or sale in California is required to comply
with certain requirements, including guaranteeing delivery of
textbooks and instructional materials prior to the opening of school
in the year in which the textbooks and instructional materials are to
be used if they are ordered by a date or dates specified in the
contract with the district.
   This bill would require a publisher or manufacturer of
instructional materials offered for adoption or sale in California to
guarantee delivery, if applicable, by the date specified in the
contract with the district and would make a publisher or manufacturer
that fails to deliver instructional materials within 60 days of the
receipt of a purchase order from a school district liable for damages
in the amount of $500 for each working day that the order is delayed
beyond 60 calendar days unless there is a natural disaster,
terrorist attack, act of war, or worker strike that prevents the
normal transit of instructional materials, resulting in their late
delivery, or if there is a delay in implementation of governing board
requirements, as specified. This requirement would apply only to
contracts with districts enrolling 25,000 or fewer pupils.


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

  SECTION 1.  Section 60061.5 of the Education Code is amended to
read:
   60061.5.  A publisher or manufacturer shall do all of the
following:
   (a) Actively solicit or make available a process through which
input concerning the quality, content, and usability of textbooks and
instructional materials can be obtained from educators, parents,
teachers, and pupils.
   Upon request of a district governing board a publisher shall
provide a summation of that information including both positive and
critical input and their responses to the positive and critical
input.
   (b) (1) Guarantee delivery of textbooks and instructional
materials prior to the opening of school in the year in which the
textbooks and instructional materials are to be used if they are
ordered by a date or dates specified in the contract with the
district.
   (2) If a publisher or manufacturer fails to deliver instructional
materials within 60 days of the receipt of a purchase order from a
school district and the publisher or manufacturer has not received
prior written approval from the district for a delay in delivery,
which shall not be unreasonably withheld, the publisher or
manufacturer shall be liable for damages in the amount of five
hundred dollars ($500) for each working day that the order is delayed
beyond 60 calendar days.
   (3) If a natural disaster, terrorist attack, act of war, or worker
strike prevents the normal transit of instructional materials,
resulting in their late delivery, or there is a delay in the
implementation of governing board requirements, neither the publisher
nor the manufacturer shall be held liable.
   (4) No publisher or manufacturer shall be liable for an amount
greater than twenty thousand dollars ($20,000) for any individual
purchase order placed by a school district pursuant to this
subdivision.
   (5) If a school district seeks to recover damages pursuant to this
subdivision, it shall give the publisher or manufacturer written
notification of the actual delivery date of the instructional
materials and the date upon which damages, as described in this
subdivision, began to accrue.
   (c) Paragraphs (2) through (5) of subdivision (b) shall apply only
to contracts with school districts enrolling 25,000 or fewer pupils.