Bill Text: CA AB575 | 2015-2016 | Regular Session | Chaptered
Bill Title: Instructional materials: followup adoptions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-24 - Chaptered by Secretary of State - Chapter 550, Statutes of 2016. [AB575 Detail]
Download: California-2015-AB575-Chaptered.html
BILL NUMBER: AB 575 CHAPTERED
BILL TEXT
CHAPTER 550
FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2016
APPROVED BY GOVERNOR SEPTEMBER 24, 2016
PASSED THE SENATE AUGUST 18, 2016
PASSED THE ASSEMBLY AUGUST 31, 2016
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN SENATE AUGUST 2, 2016
AMENDED IN SENATE JUNE 20, 2016
AMENDED IN ASSEMBLY JUNE 2, 2015
AMENDED IN ASSEMBLY MAY 13, 2015
AMENDED IN ASSEMBLY MAY 4, 2015
AMENDED IN ASSEMBLY APRIL 7, 2015
AMENDED IN ASSEMBLY MARCH 25, 2015
INTRODUCED BY Assembly Member O'Donnell
FEBRUARY 24, 2015
An act to amend Section 60200 of, and to add and repeal Section
60227 of, the Education Code, relating to instructional materials.
LEGISLATIVE COUNSEL'S DIGEST
AB 575, O'Donnell. Instructional materials: followup adoptions.
Existing law requires the State Board of Education to adopt
instructional materials for kindergarten and grades 1 to 8,
inclusive, and to adopt procedures for the submission of
instructional materials, and provides that instructional materials
may be submitted for adoption in specified subject areas every 8
years.
This bill would instead provide that instructional materials may
be submitted for adoption at least once but no more than twice every
8 years. The bill, until January 1, 2024, would require the State
Department of Education, before conducting a followup adoption, as
defined, in a given subject area to post a notice on the department's
Internet Web site and notify all publishers or manufacturers known
to produce basic instructional materials in that subject area that
each publisher and manufacturer choosing to participate in the
followup adoption shall be assessed a fee, as specified.
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
subject areas:
(1) Language arts, including, but not limited to, spelling,
reading, and English language development. The state board may not
adopt basic instructional materials in this subject area or the
subject area specified by paragraph (2) in the year succeeding the
year in which the state board adopts basic instructional materials in
this subject area for the same grade level.
(2) Mathematics. The state board may not adopt basic instructional
materials in this subject area or the subject area specified by
paragraph (1) in the year succeeding the year in which the state
board adopts basic instructional materials in this subject area 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) 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 (6), inclusive, of
subdivision (a) at least once but not more than twice every eight
years. The state board shall ensure that curriculum frameworks are
reviewed and adopted in each subject area 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) If a publisher or manufacturer submits revisions to currently
adopted instructional material for review after the timeframe
specified by the state board, the department shall assess a fee on
the submitting publisher or manufacturer in an amount that shall not
exceed the reasonable costs to the department to conduct a review of
the instructional material pursuant to this section.
(3) 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.
(4) The process for review of instructional materials shall
involve review committees, which shall include, but not be limited
to, volunteer content experts and instructional material reviewers,
and shall be composed of a majority of classroom teachers from a wide
variety of affected grade levels and subject areas.
(5) The rules and procedures for adoption of instructional
materials shall be transparent and consistently applicable regardless
of the format of the instructional materials, which may include, but
not be limited to, print, digital, and open-source instructional
materials.
(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) Are aligned to the content standards adopted by the state
board in the subject area and 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 state 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 12 months before 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 on 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 Superintendent 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) 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.
(h) 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 state board for continuing items
on that list shall be the date on which the state board adopts
instructional materials based on a new or revised curriculum
framework. Lists of adopted instructional materials shall be made
available by subject and grade level to school districts and posted
on the department's Internet Web site, and shall include information
from the reports of findings from the review committees pursuant to
paragraph (4) of subdivision (b). The lists shall terminate and shall
no longer be effective on the date prescribed by the state board
pursuant to this subdivision.
(i) 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.
(j) A composite listing in the format of an order form may be used
to meet the requirements of this section.
(k) The lists maintained pursuant to this section shall not be
deemed to control the use period by any school district.
( l ) 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).
(m) 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.
(n) The state board may adopt regulations that provide for other
exceptions to this section, as determined by the state board.
(o) The Superintendent shall develop, and the state board shall
adopt, guidelines to implement this section.
SEC. 2. Section 60227 is added to the Education Code, to read:
60227. (a) For purposes of this section, a followup adoption is
any adoption other than the primary adoption that occurs within the
eight-year cycle established pursuant to subdivision (b) of Section
60200.
(b) Before conducting a followup adoption in a given subject area,
the department shall post an appropriate notice on the department's
Internet Web site pursuant to subdivision (c) and notify all
publishers or manufacturers known to produce basic instructional
materials in that subject area.
(c) The notice shall specify that each publisher or manufacturer
choosing to participate in the followup adoption shall be assessed a
fee based on the number of programs the publisher or manufacturer
indicates will be submitted for review and the number of grade levels
proposed to be covered by each program.
(d) The fee shall offset the cost of conducting the followup
adoption process and shall reflect the department's best estimate of
the cost. The department shall take reasonable steps to limit costs
of the followup adoption and to keep the fee modest, recognizing that
some of the work necessary for the primary adoption need not be
duplicated.
(e) The department, before incurring substantial costs for the
followup adoption, shall require that a publisher or manufacturer who
wishes to participate in the followup adoption first declare the
intent to submit one or more specific programs for the followup
adoption and specify the specific grade levels to be covered by each
program. After a publisher or manufacturer has declared the intent to
submit one or more programs and the grade levels to be covered by
each program, the department shall assess a fee. The fee shall be
payable by the publisher or manufacturer even if the publisher or
manufacturer subsequently chooses to withdraw a program or reduce the
number of grade levels covered. A submission by a publisher or
manufacturer shall not be reviewed for purposes of adoption, either
in a followup adoption or in any other primary or followup adoption
conducted thereafter, until the fee assessed has been paid in full.
(f) (1) It is the intent of the Legislature that the fee not be so
substantial that it prevents small publishers or manufacturers from
participating in a followup adoption.
(2) Upon the request of a small publisher or manufacturer, the
state board may reduce the fee for participation in the followup
adoption.
(3) For purposes of this section, "small publisher" and "small
manufacturer" mean an independently owned or operated publisher or
manufacturer who is not dominant in its field of operation, and who,
together with its affiliates, has 100 or fewer employees, and has
average annual gross receipts of ten million dollars ($10,000,000) or
less over the previous three years.
(g) Revenue derived from fees charged pursuant to subdivision (e)
shall be budgeted as reimbursements and subject to review through the
annual budget process and may be used to pay costs associated with
any adoption and any costs associated with the review of
instructional materials.
(h) If the department determines that there is little or no
interest by publishers and manufacturers in participating in a
followup adoption, the department shall recommend to the state board
that the followup adoption not be conducted and the state board may
choose not to conduct the followup adoption.
(i) General fund revenue shall not be used for the cost of
conducting a followup adoption pursuant to this section.
(j) This section shall remain in effect only until January 1,
2024, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2024, deletes or extends
that date.
