Bill Text: CA AB314 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Instructional materials.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Engrossed - Dead) 2009-08-17 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB314 Detail]

Download: California-2009-AB314-Introduced.html

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BILL NUMBER: AB 314	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Brownley

                        FEBRUARY 17, 2009

   An act to amend Sections 60200, 60204, 60421, and 60422 of the
Education Code, relating to instructional materials. .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 314, as introduced, Brownley. Instructional materials.
   (1) Existing law requires the State Board of Education to adopt
basic instructional materials for use in kindergarten and grades 1 to
8, inclusive.
   This bill would require the state board to hold a publicly noticed
informational meeting prior to the meeting at which it is scheduled
to adopt instructional materials.
   (2) Existing law provides that upon making an adoption of basic
instructional materials, the state board is required to make
available to listed publishers and manufacturers and all school
interests, a list of those instructional materials by subject and
grade level. Items placed upon lists are required to be accessible,
as specified, from the date of the adoption of the item until a date
established by the state board.
   This bill would require the list of materials to be made available
to school districts and to be posted on the State Department of
Education's Internet Web site by subject and grade level. It would
require the list to also include the assessments or reports of
findings and recommendations developed by expert reviewers and
evaluators of instructional materials involved in the review process
that includes alignment of standards, program organization, pupil
assessments, teacher support, and support for English language
learners. Items placed upon lists would be required to be accessible,
as specified, for at least 3 years following the next adoption of
new materials based upon a new or revised curriculum framework,
whichever is later.
   (3) Existing law requires the Curriculum Development and
Supplemental Materials Commission to perform several duties including
studying and evaluating instructional materials, adopting
educational films or videotapes, and recommending to the state board
instructional materials which it approves for adoption.
   This bill would delete these duties.
   (4) Existing law establishes the Instructional Materials Funding
Realignment Program administered by the Superintendent of Public
Instruction under which school districts are apportioned funds to
ensure that each pupil is provided with a standards-aligned textbook
or basic instructional materials, as adopted by the state board or
the local governing board. Existing law requires that pupils be
provided with standards-aligned textbooks or basic instructional
materials by the beginning of the first school term that commences no
later than 24 months after those materials were adopted by the state
board. However, the state board is authorized to grant school
districts additional time to meet this requirement if specified
criteria are met.
   This bill would authorize a school district receiving specified
funding to submit recommendations of individuals to serve in the
review and evaluation of instructional materials submitted for
kindergarten and grades 1 to 8, inclusive, who meet specified
qualifications. This bill would require the Superintendent, through a
random lottery, to select and appoint instructional materials
reviewers and content review experts from the recommendations made by
school districts. The Superintendent would be required to ensure
that a majority of selected instructional materials reviewers and
content review experts are credentialed classroom instructors. Local
governing boards would be required to use the funding provided to
ensure that each pupil is provided with standards-aligned textbooks
or basic instructional materials by the beginning of the first school
term that commences no later than 36 months after those materials
were adopted by the state board.
   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 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, 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 subject, discipline, or interdisciplinary areas for
which the state board determines the adoption of instructional
materials to be necessary or desirable. 
   (b)  
   (b) The state board shall hold a publicly noticed informational
meeting prior to the meeting at which the state board is scheduled to
adopt instructional materials recommended by the instructional
materials reviewers and content review experts selected pursuant to
subdivision (h) of Section 60421. 
    (c)  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-   six-year 
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) 
 (d)  . The state board may prescribe reasonable conditions
to restrict the resubmission of materials that  previously 
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) 
    (d)  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  adopted by the state board  . 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  of the state board  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   shall  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) 
    (e)  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  
pursuant to  subdivision  (c)   (d)  .
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   instructional material
reviewers or content experts  . 
   (e) 
    (f)  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)   (d)
 , 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   a 
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 
adopted by the state board  . 
   (f) 
    (g)  This section does not limit the authority of the
state board to adopt materials that are not basic instructional
materials. 
   (g) 
    (h)  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) 
    (i)  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) 
    (j)  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 
 on the lists  , 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
  or three years following the next adoption of new
 instructional materials based upon a new or revised curriculum
framework  , whichever is later  . Lists of adopted
materials shall be made available  to school districts and posted
on the department's Internet Web site  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.   , and shall include information from the
assessments or reports of findings and recommendations developed by
the expert reviewers and evaluators of instructional materials 
 involved in the materials review process that includes
information regarding alignment of standards, program organization,
pupil assessments, teacher support, and su   pport for
English language learners.  
   (j) 
    (k)  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   The  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) 
   (l)  A composite listing in the format of an order form
may be used to meet the requirements of this section. 
   () 
    (m)  The lists maintained pursuant to this section shall
not be deemed to control the use period by  any 
 a  school district. 
   (m) 
    (n)  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)   (d)  . 
   (n) 
    (o)  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) 
    (p)  The state board may adopt regulations that provide
for other exceptions to this section, as determined by the  s
  tate  board. 
   (p) 
    (q)  The Superintendent shall develop, and the state
board shall adopt,  guidelines   regulations
 to implement this section.
  SEC. 2.  Section 60204 of the Education Code is amended to read:
   60204.  The commission shall:
   (a) Recommend curriculum frameworks to the state board.
   (b) Develop criteria for evaluating instructional materials
submitted for adoption so that the materials adopted shall adequately
cover the subjects in the indicated grade or grades and which comply
with  the provisions of  Article 3 (commencing with
Section 60040) of Chapter 1. The criteria developed by the
commission shall be consistent with the duties of the state board
pursuant to Section 60200. The criteria shall be public information
and shall be provided in written or printed form to  any
  a  person requesting  such  
that  information. 
   (c) Study and evaluate instructional materials submitted for
adoption.  
   (d) Recommend to the state board instructional materials which it
approves for adoption.  
   (e) Review and have the authority to adopt the educational films
or videotapes produced in accordance with Article 3 (commencing with
Section 52740) of Chapter 11 of Part 28.  
   (f) 
    (c)  Recommend to the state board policies and
activities to assist the department and school districts in the use
of the curriculum framework and other available model curriculum
materials for the purpose of guiding and strengthening the quality of
instruction in the public schools.
  SEC. 3.  Section 60421 of the Education Code is amended to read:
   60421.  (a) The department shall apportion funds appropriated for
purposes of this chapter to school districts on the basis of an equal
amount per pupil enrolled in kindergarten and grades 1 to 12,
inclusive, in the prior year, excluding summer school, adult, and
regional occupational center and regional occupational programs
enrollment. Enrollment shall be certified by the Superintendent
 of Public Instruction  and based on data as
reported by the California Basic Education Data System count. A
school district in its first year of operation or of expanding grade
levels at a schoolsite shall be eligible to receive funding pursuant
to this chapter based on enrollment estimates provided to the
department by the school district. As a condition of receipt of
funding, a school district or charter school in its first year of
operation or of expanding grade levels at a schoolsite shall provide
enrollment estimates, as approved by the school district governing
board and the county office of education in which the school district
is located. These estimates and associated funding shall be adjusted
for actual enrollment as reported by the subsequent California Basic
Education Data System.
   (b) For  the  purposes of this chapter, the term
"school district" means a school district or county office of
education, and the term "local governing board" means the governing
board of a school district or county board of education.
   (c) Allowances established pursuant to this chapter shall be
apportioned to school districts in September of each fiscal year.
   (d) Notwithstanding any other  provision of  law,
pursuant to subdivision  (g)  (h)  of
Section 60200, the  State Board of Education  
state board  may authorize a school district to use  any
  a  state basic instructional materials allowance
to purchase standards-aligned materials as specified within this
part. 
   (e) A school district receiving funding pursuant to this chapter
may submit recommendations of individuals being considered to serve
in the review and evaluation of instructional materials submitted for
kindergarten and grades 1 to 8, inclusive, pursuant to subdivision
(f) and who meet the qualifications specified in subdivision (g).
 
   (f) School districts, in collaboration with teacher organizations,
may recommend at least one individual and up to two individuals if
enrollment in the district is 10,000 pupils or more, but less than
75,000 pupils; up to three individuals if enrollment in the district
is 75,000 or more pupils, but less than 500,000 pupils; and up to
four individuals if the enrollment in the district is 500,000 pupils
or more, as indicated by the most recent counts in the California
Basic Education Data System.  
   (g) A school district choosing to submit recommendations of
individuals pursuant to subdivision (e) shall ensure that the
individuals meet the following criteria:  
   (1) At least one individual shall be a classroom teacher in
kindergarten or any of grades 1 to 12, inclusive, and shall have a
teaching credential.  
   (2) All individuals shall have experience with and expertise in
the content field under consideration.  
   (h) The Superintendent, through a random lottery, shall select and
appoint instructional materials reviewers and content review experts
from the recommendations made by school districts and shall ensure
that the reviewers selected to participate reflect the various ethnic
groups, types of school district, and regions in California, and
have experience in providing instruction to English language learners
and pupils with disabilities. If there is underrepresentation of any
of the categories listed in this subdivision, the Superintendent
shall select additional individuals from the remaining candidates to
ensure adequate representation. The Superintendent also shall ensure
that a majority of the selected instructional materials reviewers and
content review experts are credentialed classroom instructors. 

  SEC. 4.  Section 60422 of the Education Code is amended to read:
   60422.  (a) A local governing board shall use funding received
pursuant to this chapter to ensure that each pupil is provided with a
standards-aligned textbook or basic instructional materials, as
adopted by the  State Board of Education   state
board  subsequent to the adoption of content standards pursuant
to Section 60605 for kindergarten and grades 1 to 8, inclusive, or
as adopted by the local governing board pursuant to Sections 60400
and 60411, for grades 9 to 12, inclusive. Pupils shall be provided
with standards-aligned textbooks or basic instructional materials by
the beginning of the first school term that commences no later than
 24   36  months after those materials were
adopted by the  State Board of Education  
state board  .
   (b) Once a governing board certifies compliance with subdivision
(a) with regard to standards-aligned instructional materials in the
core curriculum areas of reading/language arts, mathematics, science,
and history/social sciences, and if the governing board of a school
district has met the eligibility requirements of Section 60119, the
remaining funds may only be used consistent with subdivision (a) of
Section 60242 and pursuant to Section 60242.5.
   (c) The  State Board of Education   state
board  may grant the school district additional time to meet the
purchasing requirements of subdivision (a) if the governing board of
the school district demonstrates, to the satisfaction of the state
board, that all of the following criteria apply to the district:
   (1) The school district has implemented a well-designed,
standards-aligned basic instructional materials program.
   (2) The school district, at the time of its request for additional
time pursuant to this subdivision, has sufficient textbooks or basic
instructional materials for use by each pupil.
   (3) The school district has adopted a plan for the purchase of
standards-aligned instructional materials in accordance with
subdivision (a)  but  that  plan 
indicated an alternative date for compliance that is declared in the
request for additional time.
   (d) The funds provided for the purchase of instructional materials
in Schedules 1 and 2 of Item 6110-189-0001 and paragraph 6 of Item
6110-485 of Section 2.00 of the Budget Act of 2002  (Chapter 379
of the Statutes of 2002)  shall be used for the purposes of, and
allocated consistent with, this chapter.