Publishers Invitation to Submit - Instructional Materials ...
Publishers Invitation to Submit
Instructional Materials
2014 Mathematics Primary Adoption
Prepared by
Curriculum Frameworks and
Instructional Resources Division
California Department of Education
1430 N Street, Suite 3207
Sacramento, CA 95814
January 28, 2013
Table of Contents
Table of Contents 2
Introduction 6
Legal Authority 6
Schedule of Significant Events 7
Instructions to Publishers Submitting Materials 8
Overview of Procedures 8
Instructional Materials Content Requirements 9
a. Types of Instructional Materials Appropriate for Submission: 9
b. Identification of Those Involved in the Development of Instructional Materials 9
c. Accuracy 9
d. Test Preparation 9
e. Inclusion of Content Standards in Instructional Materials 10
Instructional Materials Format Requirements 10
a. Changes to Submitted Instructional Materials 10
b. Alternate Format 10
c. ISBN Requirements 11
d. Technology-Based Materials 11
e. Definition of Alternate Formats of Instructional Materials Appropriate for Submission 12
f. Alternate Formats Included in Initial Submission 12
g. Alternate Formats Developed Post-Adoption 13
h. Clearinghouse for Specialized Media & Translations (CSMT) Requirements 13
Submission Instructions for Publishers 14
Instructional Materials Submission List and Schedule 14
a. Required Components 14
b. Delivery of Submission 15
c. Deadline for Submission List 15
Publisher Fees 15
a. Fee Assessment 15
b. Fee Reduction Requests 15
Distribution of Instructional Materials 16
Shipment Instructions 16
Packaging Instructions 17
Sampling Instructions 17
Shipment Verification 18
Penalties for Unauthorized Changes or Modifications After Submittal 18
Submission of Instructional Materials: Price Quotation 18
Withdrawal from the Adoption 19
Evaluation of Instructional Materials Submitted 20
Educational Content Review 20
Instructional Materials Reviewers, Content Review Experts, and Facilitators 20
Use of IMR/CRE Report of Findings 21
Contact with IMRs and CREs 21
Social Content Reviews 21
Public Review 22
Instructional Quality Commission Advisory Report and Recommendations 23
Display of Instructional Materials for Public Inspection 23
State Board Action 23
Edits and Corrections 24
Edits and Corrections Definitions and Procedures 24
Additional Requirements 25
Publisher Post-Adoption Responsibilities 26
Local Educational Agency Orders 26
Free Instructional Materials 26
Web Site List of Free Instructional Materials 27
Quality of Workmanship 27
Manufacturing Standards and Specifications 27
Textbook Weight Standards 28
Discontinuation of Instructional Materials 28
Delivery of Instructional Materials 28
Pricing, Marketing, and Other Publisher Regulations 28
Funding for Instructional Materials 29
Sufficient Instructional Materials 29
Accessibility Requirements 30
Additional Information on Instructional Materials 31
Flexibility for the Purchase of Non-adopted Instructional Materials 31
Alternate Formats Developed Subsequent to the Adoption of Instructional Materials 31
Instructional Materials Price List 32
New Edition Substitutions 32
Design Resources for Publishers 33
Contacts for Questions 34
List of Attachments 35
Attachments 35
ITS CD-ROM 35
Attachment A: Publisher’s Checklist 36
Attachment B: Selected California Education Code Sections Related to Instructional Materials 37
PART 33: INSTRUCTIONAL MATERIALS AND TESTING 39
CHAPTER 9. PUPIL AND PERSONNEL HEALTH 39
ARTICLE 1. GENERAL POWERS–SCHOOL BOARDS 39
CHAPTER 1. INSTRUCTIONAL MATERIALS 39
ARTICLE 1. LEGISLATIVE INTENT 39
ARTICLE 2. DEFINITIONS 40
ARTICLE 3. REQUIREMENTS, MATERIALS 42
ARTICLE 4. REQUIREMENTS, PUBLISHERS AND MANUFACTURERS 44
ARTICLE 5. PROHIBITED ACTS 47
ARTICLE 6. INSTRUCTIONAL MATERIALS ON ALCOHOL AND DRUG EDUCATION 48
ARTICLE 7. PUPIL TEXTBOOK AND INSTRUCTIONAL MATERIALS INCENTIVE PROGRAM 48
CHAPTER 2. ELEMENTARY SCHOOL MATERIALS 50
ARTICLE 1. SELECTION AND ADOPTION 50
ARTICLE 2. DUTIES OF PUBLISHERS AND MANUFACTURERS 57
ARTICLE 3 – STATE INSTRUCTIONAL MATERIALS FUND 58
ARTICLE 6. OTHER USES (Note Articles 4 & 5 have been repealed) 61
CHAPTER 3. HIGH SCHOOL TEXTBOOKS 62
CHAPTER 4. OBSOLETE MATERIALS 62
ARTICLE 1. DETERMINATION OF OBSOLESCENCE 62
ARTICLE 3. DISPOSITION OF SALE PROCEEDS 64
ARTICLE 4. DESTRUCTION 64
Attachment C: California Code of Regulations Title 5. Education 70
Chapter 9. Instructional Materials (Selected Sections) 70
Subchapter 1. Elementary Instructional Materials 70
§9505. Purchase of In-Service Training. 70
§9506. Improvement of Quality and Reliability Through Learner Verification. 70
Article 2. Adoption of Curriculum Frameworks, Evaluation Criteria and Instructional Materials – Procedures 70
§9510. Definitions. 70
§9510.5. Internal Governance of the Commission. 73
§9511. Curriculum Framework and Evaluation Criteria Committee Establishment, Composition and Membership Qualifications. 73
§9512. Appointment of Instructional Materials Reviewers and Content Review Experts. 74
§9513. Application Process for Curriculum Framework and Evaluation Criteria Committee Members, Instructional Materials Reviewers and Content Review Experts. 75
§9514. Prohibited Communications. 75
§9515. Public Inspection of, and Comment on, Curriculum Framework and Evaluation Criteria. 76
§9516. Public Meetings Held by the Commission and the SBE Regarding Curriculum Frameworks and Evaluation Criteria. 77
§9517. Procedures for Submitting Instructional Materials for Adoption. 77
§9517.1. Follow-Up Adoptions. 78
§9517.2. Textbook Weight Standards. 80
§9517.3. Mathematics Instructional Materials Adoption. 80
§9518. Social Content Standards for all Instructional Materials Adoptions. 81
§9519. Instructional Materials Review Panels and Commission Advisory Report. 81
§9521. Public Comments Regarding Content of Instructional Materials. 82
§9522. Presentation of Public Testimony. 83
§9523. Display of Instructional Materials for Public Inspection. 83
§9524. Public Meetings Held by the Commission and the State Board of Education Regarding Instructional Materials. 83
§9525. Post Adoption Edits and Corrections Procedures. 84
Article 2.1. Acquisition of Adopted Instructional Materials 85
§9527. Free Instructional Materials. 85
§9528. Alternate Formats of Adopted Instructional Materials. 85
§9529. New Editions of Adopted Instructional Materials 86
§9530. School District Ordering of Instructional Materials. 86
Attachment D: Instructional Materials Submission List Template 87
Excel File Specifications 88
Program Descriptions 88
Field Descriptions 88
#1: ITEM / TITLE 88
#2: ISBN OR UNIQUE IDENTIFIER 88
#3: ALTERNATE ISBN 88
#4: LANGUAGE CODE 88
#5: COPYRIGHT YEAR 89
#6: GRADE LEVEL FROM 89
#7: GRADE LEVEL TO 89
#8: NUMBER OF PAGES 89
#9: ALTERNATE FORMAT 90
#10: COMPONENT 90
#11: ELECTRONIC ITEM 90
#12: STUDENT EDITION 90
#13: PRICE 90
Attachment E: Learning Resources Display Centers 91
Attachment F: California Adoption Publisher Contact and Technology Requirements Document 94
Attachment G: Information Regarding Instructional Materials 2014 Mathematics Primary Adoption 95
Attachment H: Publisher Tool Kit for CSMT 97
BACKGROUND 97
NIMAC and NIMAS Requirements 97
CREATING NIMAS FILES 98
Attachment I: Shipping and Item Label Examples 100
Shipping label (K–8 Grade Level Program) 100
Item label (K–8 Grade Level Program) 100
Glossary 102
5 CCR 102
Adoption 102
Adoption Report 102
Basic Instructional Materials 102
CDE 102
CFIRD 102
CRE 102
CSMT 102
Instructional Quality Commission 102
Instructional Quality Commission Advisory Report 103
EC 103
Evaluation Criteria 103
Evaluation Criteria Map 103
Follow-up adoption 103
IMR 103
LRDC 103
Primary adoption 103
Publishers 103
Report of Findings (IMR/CRE Report of Findings) 103
SBE 104
SC Review 104
Standards Map 104
Technology-based programs 104
Universal Access 104
Universal design 104
Introduction
This Publishers Invitation to Submit Instructional Materials (ITS) invites publishers of instructional materials in mathematics to submit basic instructional materials for consideration for adoption by the California State Board of Education (SBE). “Basic” instructional materials are defined under California Education Code (EC) Section 60010(a) as “instructional materials that are designed for use by pupils as a principal learning resource and that meet in organization and content the basic requirements of the intended course.”
This ITS incorporates all applicable statutes, regulations, SBE policies, and evaluation criteria adopted by the SBE.
Changes in statutes, regulations, or SBE policies that occur after the distribution of this document may affect the processes and procedures specified in this document as well as the specific content or format of publications. Publishers will be required to comply with any changes to state laws, regulations, or SBE policies if they participate in the adoption process. Inquiries relating to the 2014 Mathematics Adoption should be directed to the Curriculum Frameworks and Instructional Resources Division (CFIRD) (see section VI, “Contacts for Questions”).
Legal Authority
The SBE adopts instructional materials under the authority of Article IX, Section 7.5, of the California Constitution and in accordance with the applicable provisions of the EC and the California Code of Regulations, Title 5 (5 CCR), including, but not limited to, EC sections 60200–60204 and 5 CCR sections 9500–9530.
The SBE has constitutional authority to adopt textbooks for grades one through eight (Article IX, Section 7.5, of the California Constitution) and statutory authority to adopt instructional materials for kindergarten. EC sections 60200–60204 describe the process for the adoption of instructional materials for kindergarten through grade eight (K–8) and require that submitted materials be evaluated for consistency with the academic content standards and evaluation criteria approved by the SBE.
Publishers shall include in instructional materials submitted for adoption only content standards approved by the SBE and specified in the evaluation criteria for the adoption. See EC Section 60005(b); 5 CCR Section 9517(h).
This Publishers Invitation to Submit Instructional Materials: 2014 Mathematics Primary Adoption sets in motion the process that will enable the SBE to meet the requirement to adopt instructional materials for mathematics pursuant to Assembly Bill 1246 (Chapter 668 of the Statutes of 2012).
The previous primary adoption of K–8 instructional materials for mathematics took place in 2007. The instructional materials that are submitted for review in the 2014 Mathematics Adoption and adopted by the SBE will replace the existing Price List of Adopted Instructional Materials and be eligible for purchase until “the established expiration date for that list pursuant to EC section 60200(i).” (5 CCR 9517.1[c])
Schedule of Significant Events
Adopted by the State Board of Education January 16, 2013
2014 Mathematics Primary Adoption
|Event |Date(s) |
|Survey of publisher interest |October 2012 |
|Curriculum Framework and Evaluation Criteria Committee meets to develop criteria |November 1-2, 2012 |
|Instructional Quality Commission (IQC) approves reviewer application and adoption |December 10, 2012 |
|timeline | |
|IQC recommends evaluation criteria to the State Board of Education (SBE) |December 10, 2012 |
|Assembly Bill 1246 takes effect |January 1, 2013 |
|SBE approves reviewer application and adoption timeline |January 16-17, 2013 |
|SBE approves initiation of emergency regulations process. Authorizing legislation must be|January 16-17, 2013 |
|in place; regulations are good for 180 days. | |
|SBE adopts evaluation criteria for CCSS-aligned instructional materials |January 16-17, 2013 |
|Recruitment of reviewers (at least 90 days per 5 CCR §9513) |January 18—April 18, 2013[1] |
|Invitation to Submit Meeting; fee waiver requests due |January 28, 2013 |
|SBE takes action on publisher fee waiver requests |March 2013 |
|Second Publisher Briefing |March 2013 |
|IQC recommends reviewers to SBE |April 19, 2013[2] |
|SBE appoints reviewers |May 2013 |
|Submission date |May 2013 |
|Reviewer Training |June 2013 |
|Publishers provide samples of instructional materials to reviewers and Learning Resource |June 2013 |
|Display Centers | |
|Independent Review |June—August 2013 |
|Reviewer Deliberations |September 2013 |
|SBE holds public meeting to receive comment (EC 60203) |October 2013 |
|IQC makes recommendation |January 2014 |
|SBE takes action on recommendation |March 2014 |
| |New mathematics adoption list established |
Instructions to Publishers Submitting Materials
Overview of Procedures
This Publishers Invitation to Submit Instructional Materials: 2014 Mathematics Primary Adoption (ITS) is available to all publishers who are interested in participating in the 2014 Mathematics Adoption. This section includes content and format requirements for instructional materials and components submitted for adoption.
Basic instructional materials means instructional materials that are designed for use by pupils as a principal learning resource and that meet in organization and content the basic requirements of the intended course (EC Section 60010).
Instructional Materials Content Requirements
a. Types of Instructional Materials Appropriate for Submission:
• Mathematics Basic Grade-Level Program (K–8)
• Algebra I Course Program
• Integrated Mathematics I Course Program
b. Identification of Those Involved in the Development of Instructional Materials
In both teacher and student resources, “publishers shall list, in the teacher's edition and/or in the student's edition submitted for adoption, only authors, reviewers, consultants, advisors, field test teachers, and others who actually contributed to the development of the materials and the capacity in which they served” (5 CCR Section 9517[i]).
c. Accuracy
It is the responsibility of publishers submitting programs to ensure the accuracy of the materials to be evaluated and approved, pursuant to EC Section 60200(c)(3). Although the Content Review Experts (CREs) and Instructional Materials Reviewers (IMRs) may include recommended edits and corrections in their Reports of Findings, publishers must ensure the complete accuracy of all instructional materials submitted.
d. Test Preparation
Publishers of instructional materials submitted for adoption in California are expected to submit materials that comply with the state’s statutes, regulations, and guidelines related to test preparation including the following:
i. California Education Code Section 60611:
(a) A city, county, city and county, district superintendent of schools, or principal or teacher of any elementary or secondary school, including a charter school, shall not carry on any program of specific preparation of pupils for the statewide pupil assessment program or a particular test used therein.
ii. 5 CCR Section 854 states:
(a) Except for materials specifically provided by the CDE or its agents, no program or materials shall be used by any school district or employee of a school district that are specifically formulated or intended to prepare pupils for the standards-based achievement tests, or the primary language test, if any. No administration or use of an alternate or parallel form shall be used as practice for any pupils.
iii. SBE test preparation policy adopted on September 7, 2000:
No city, county, city and county, or district superintendent of schools or principal or teacher is to use any test preparation materials or strategies developed for a specific test. This includes, but is not limited to, published materials, materials available on the Internet, and materials developed by schools, district or county offices of education, and/or outside consultants.
e. Inclusion of Content Standards in Instructional Materials
Publishers are required to include the complete text of the CCSS in the teacher and student components of their program (Criteria category 2, criteria statements 1 and 7). Where standards are included, they must be reproduced in their entirety as approved by the SBE at its January 16, 2013 meeting. The SBE-approved standards are included on the ITS CD-ROM included with the ITS packet.
The text of standards must not be abridged, rewritten, or changed in any way. However, for instructional purposes, publishers may use bold face type or color to highlight certain words in the standards at the point of instruction per the CDE’s copyright policy (see U.S. Code, Title 17 [17 U.S.C.], sections 101-103, 106).
Instructional Materials Format Requirements
a. Changes to Submitted Instructional Materials
Education Code Section 60200(b)(2), as modified by Assembly Bill 1246, allows a publisher to submit revisions to currently-adopted instructional materials after the timeframe specified by the SBE. No such revisions will be permitted until the adoption process is complete. Any revisions received subsequent to SBE action on the adoption will be subject to review, and publishers will be assessed a fee to cover the cost of that review.
b. Alternate Format
Per 5 CCR sections 9517, 9523, 9528, and 9529:
Section 9517:
“(j) Publishers shall submit all instructional materials in the same physical form that will be offered for purchase during the adoption period with the following exceptions:
(1) Audio recordings may be submitted in manuscript form;
(2) Artwork may appear in black and white that will ultimately appear in color in the instructional materials offered for purchase during the adoption period.
(3) Alternate formats as described in 5 CCR Section 9528.
(k) Except as described in EC Section 60200(b)(2) and 5 CCR sections 9528 and 9529, publishers shall not change or modify instructional materials after the date specified in the Schedule of Significant Events for delivery of instructional materials to IMRs, CREs, and Learning Resource Display Centers (LRDC). Instructional materials changed or modified after this delivery date shall be disqualified from consideration in the adoption unless the changes or modifications are approved by the SBE.”
Section 9523:
“(b) […] on or before the delivery date designated in the schedule of significant events, publishers shall also provide CDE with a URL to those instructional materials intended for student use that are being submitted for adoption, and the CDE shall post on its website direct hyperlinks to the URLs provided by the publishers. The instructional materials posted on each publisher's website shall be identical to the hard copy version of the instructional materials submitted for adoption, except that copyrighted items that do not allow for posting online may be omitted and replaced by a description of the omitted item, and any online features that are absent from the hard copy version shall be identified.”
c. ISBN Requirements
A separate International Standard Book Number (ISBN) facilitates the identification of each program or separate component satisfying the ISBN criteria. For information regarding assignment and use of ISBN codes, contact:
U.S. ISBN Agency
630 Central Avenue
New Providence, NJ 07974
Telephone: 877-310-7333 Fax: 908-219-0188
isbn-san@
Programs or separate program components that do not meet ISBN eligibility criteria and/or have not been assigned ISBN codes (only 13-digit) should be identified by some other unique number/letter combination. Publishers are asked to limit this identifier to no more than 13 characters (not including hyphens).
A set of library books that supports the content of the instructional materials should have individual ISBNs for each component in the set and an individual ISBN for the set.
d. Technology-Based Materials
i. Access to Technology-Based Materials
Per 5 CCR 9517(c)(3), to expedite the review of all content of technology-based materials, publishers shall provide “a description of the technology requirements that will be necessary to review the submitted instructional materials,” including directions for accessing those materials in a “review” mode or by providing “administrator” access.
Verify if technology components that are accessible for students with disabilities are noted (e.g., audio recordings in a WAV or MP3 format, text files for downloadable devices, or digital talking books to computers with accessible software).
ii. Updates to Technology-Based Materials
Regarding Web site and/or technology-based materials:
Except as described in EC Section 60200(b)(2) and 5 CCR sections 9528 and 9529, publishers shall not change or modify instructional materials after the date specified in the Schedule of Significant Events for delivery of instructional materials to IMRs, CREs and LRDCs. Instructional materials changed or modified after this delivery date shall be disqualified from consideration in the adoption unless the changes or modifications are approved by the SBE (5 CCR Section 9517[k]).
Upgrades of technology-based materials that do not contain content changes can be made by publishers without CDE approval, unless the upgrade results in a new ISBN or identifier (5 CCR Section 9529[b]).
Include a field in the submission list (on the ITS CD-ROM) to indicate if an item is technology-based.
e. Definition of Alternate Formats of Instructional Materials Appropriate for Submission
5 CCR Section 9528, allows publishers and manufacturers to submit alternate formats of adopted instructional materials to the CDE for approval at any time during the period of adoption. Alternate formats are defined as:
i. Instructional materials that are “identical in content to adopted instructional materials, but that are different in physical format (e.g., hardcover or softcover, audiotape or CD-ROM, single color or multicolor, software that is in multiple versions for use on different computer operating systems); and
ii. “Translations of adopted instructional materials into other languages. Translations of adopted materials into other languages may include different literary selections that are equivalent in content to those contained in the English version.” However, “different literary selections must be approved by the SBE.”
For this reason, publishers are requested to submit any alternate formats in languages other than English after the SBE has adopted the program list for grades K–8. See page 39 for more details.
All technology-based and electronic media, such as CDs, videos, Web sites, and other resources, must meet the accessibility requirements of EC Section 60061.8.
f. Alternate Formats Included in Initial Submission
Per 5 CCR Section 9517(j), “publishers shall submit all instructional materials in the same physical form that will be offered for purchase during the adoption period” with the exception of the “alternate formats as described in [5 CCR] section 9528.”
To facilitate identification, publishers are strongly encouraged to list alternate format items included with the initial submission immediately after the component for which they are an alternate and answer yes in the alternate formats field on the Submission List & Price Quotation on Instructional Materials electronic file that will be submitted to the CDE.
g. Alternate Formats Developed Post-Adoption
See Section V of this document and 5 CCR Section 9528 (see Attachment C).
h. Clearinghouse for Specialized Media & Translations (CSMT) Requirements
The CSMT is a unit of the Curriculum Frameworks and Instructional Resources Division (CFIRD). If instructional materials adopted by the SBE are not accessible to students with disabilities, the CSMT strives to make the materials accessible and meaningful to students who are unable to gain access to the material. The CSMT uses a portion of IMFRP to produce instructional materials in a variety of formats, including braille, large print, recordings, and other media as required to help students with disabilities gain access to the general curriculum.
Recognizing that the range of performance and ability of students varies greatly, producers and publishers must apply universal design strategies when creating learning resources. Learning resources should be designed to accommodate a full array of learners, including English learners, advanced learners, and students with disabilities. Traditional print materials, such as textbooks and workbooks, should have sharp, clear, high-contrast fonts and meet any requirements that may be added to the EC.
Section 60061.8 requires basic instructional materials to comply with the following (see Attachment G):
1) Print materials shall have sharp, clear, high-contrast, and highly legible fonts. Print materials designed for kindergarten shall use fonts that are at least 20 point. Print materials designed for grade one shall use fonts that are at least 18 point. Print materials designed for grade two shall use fonts that are at least 16 point.
(2) Video products designed for pupils in kindergarten and grades one through twelve, inclusive, shall be closed-captioned, as defined by the Federal Communications Commission, except for the following:
(A) Video products or portions of video products, if any, for which the publisher does not have the rights to do so.
(B) Video products or portions of video products that are open-captioned, meaning that all viewers see the captioned information.
(3) Internet resources and digital multimedia programs intended for use by the general population of pupils in kindergarten and grades one through twelve, inclusive, shall at least meet the standards for accessibility as set forth in Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and regulations implementing that Act as set forth in Part 1194 of Title 36 of the Code of Federal Regulations, unless meeting those standards would do any of the following:
(A) Fundamentally alter the nature of the instructional activity.
(B) Result in those resources or programs placing an undue financial and administrative burden on the state agencies, school districts, or schools that would likely gain access to or utilize the resources or programs, as determined by the affected agencies in collaboration with the publishers.
(C) Cause those resources or programs to fail to meet standards otherwise required by statute or regulation.
(4) In order to facilitate access by pupils with disabilities who are progressing in the general curriculum, to the extent technologically feasible, a digital multimedia program shall allow the user to control the size of images and fonts, speed and volume of audio, colors or contrast, or both colors and contrast, and other inherently transformable attributes, but not the modification of content, to match individual performance and abilities. If a publisher is not able to create a multimedia program that satisfies the requirements of this subparagraph, the publisher shall provide the CDE, upon request, with computer files or other electronic versions of textual content of basic instructional materials compatible with braille transcription, meeting CDE specifications, at no additional cost and as a condition of sale.
Many design resources exist to help make learning resources more accessible to more students. Publishers are encouraged to visit the CSMT Web site at or to contact the CSMT at 916-445-5103.
Submission Instructions for Publishers
Instructional Materials Submission List and Schedule
In response to this ITS, publishers shall submit lists of programs to the CDE (see description below and on Attachment D) to be adopted for use in California schools. The lists shall contain a description of each program that a publisher submits for the adoption and include all components that are to be reviewed. This information will also be used to distribute materials as part of the review process. This section includes the requirements and timelines for submitting materials for adoption review.
a. Required Components
On or before 5 p.m. (PDT), May 15, 2013, publishers must provide the following items to the CFIRD per 5 CCR Section 9517(c)(1–4).
i. Publisher’s checklist (Attachment A)
ii. Submission list of instructional materials, provided using the Excel form provided to publishers on the ITS CD-ROM (See Attachment D)
iii. Program description of the submitted programs
iv. List of kit components
v. Contact information for the publisher’s primary contact, California contact, and a contact for technology-based matters (See Attachment F). Indicate publisher’s primary contact for this adoption, a California contact, a contact person for technology-related matters, and the technology requirements for reviewing the submitted programs. All official communications will be addressed to the primary contact person, with a courtesy copy sent to the California contact.
b. Delivery of Submission
The information listed above must be sent directly to the CDE as e-mail attachments sent to the 2014 Mathematics Primary Adoption address at mathadoption@cde.. All submissions will be acknowledged upon receipt. If you do not receive an acknowledgement, contact David Almquist, CFIRD Publisher Liaison, at 916-319-0444 or dalmquis@cde..
c. Deadline for Submission List
Receipt of submission information after the 5 p.m. (PDT), May 15, 2013, deadline shall result in disqualification of the instructional materials from further consideration in the adoption unless publishers are able to show compelling evidence of circumstances beyond their control (e.g., natural disaster) that prevented them from meeting the deadline.
It is strongly recommended that publishers send their submission information in advance of the deadline, so that any delivery issues can be worked out. CDE is not responsible for e-mails that fail to arrive by the assigned deadline.
Publisher Fees
Pursuant to Education Code Section 60209, publishers that choose to participate in the 2014 Mathematics Primary Adoption shall be assessed a fee based on the number of programs submitted and the grade levels proposed to be covered by each program. That fee shall not exceed the reasonable costs incurred by the CDE in conducting the adoption process.
a. Fee Assessment
Shortly after the May 15, 2013 deadline for the submission of instructional materials lists, the CFIRD will invoice participating publishers for $5,000 per grade level of each program submitted. The fee must be paid via check payable to the California Department of Education and received no later than 5 p.m. on June 12, 2013. CFIRD may extend that deadline on written request from the publisher. Failure to pay the fee will result in disqualification from the adoption process.
b. Fee Reduction Requests
Pursuant to Education Code Section 60209(e) and 5 CCR Section 9517.3, the SBE may reduce the fee for participation in the adoption upon request from a small publisher or manufacturer.
For the purposes of this adoption, a “small publisher or manufacturer” is defined as one that meets all of the following criteria:
i. Independently owned or operated; and
ii. Not dominant in its field of operation; and
iii. Has 100 or fewer employees, together with its affiliates; and
iv. Have average annual gross receipts of ten million dollars or less over the past three years.
A publisher that meets those criteria must submit the following documentation to the CFIRD by February 13, 2013:
i. A statement of earnings for the most recent three fiscal years.
ii. A statement verifying the number of full-time employees excluding contracted employees.
iii. A statement verifying that the small publisher is independently owned or operated and is not dominant in its field for the subject matter being submitted.
All requests for a reduction in the fee for participation in the adoption will be submitted to the SBE for action at its March 2013 meeting.
Questions related to the participation fee or its reduction should be directed to David Almquist, CFIRD Publisher Liaison, at 916-319-0444 or dalmquis@cde..
Distribution of Instructional Materials
Shipment Instructions
a. List of addresses for the initial distribution of instructional materials: Instructions, along with the addresses of reviewers and LRDCs receiving materials, will be distributed to publishers after training is completed. Up to 80 sets of instructional materials may be required to be distributed, but they may not all be requested initially.
a. Shipped free of charge: All instructional materials shall be shipped by publishers to all designated destinations free of charge. No shipping, handling, or other costs or materials may be charged to the SBE or its members, the Instructional Quality Commission or its members, the CDE or its personnel, the LRDC or its personnel, or IMR/CRE panel members (5 CCR Section 9517[g]).
b. Delivery instructions: It is the responsibility of publishers to ensure that materials are delivered to, and off-loaded at, the designated address within the specified time period. Publishers are to instruct delivery agents not to leave materials on loading docks or on pallets unless so authorized (5 CCR Section 9517[f]).
c. Deliberations: Publishers should deliver, set up, and remove one set of program materials and one additional set of teacher and student editions for the deliberations in September. For technology-based programs, publishers should provide two laptops for the week of deliberations and Internet access if necessary for review of program materials. Further details will be communicated prior to deliberations.
Packaging Instructions
a. Label all items: Publishers should label all items distributed to the LRDCs and reviewers. Every item (including components of kits) should be labeled. The LRDCs use the information on the label to display materials in proper order and to identify easily where items are to be appropriately shelved (or otherwise stored) for review. Reviewers will use the labels to accurately identify each item as it is reviewed.
Labels should be placed in easily visible locations (e.g., bottom of the back of a book, next to the spine). Do not place labels on shipping packages, shrink-wrap, or other items that may be discarded.
See Attachment J for examples of acceptable label formats.
b. Packaging materials: Due to space limitations at reviewer and LRDC sites, publishers should limit packaging materials and ship materials in packaging, cardboard display units, and the like that are economically designed and yet sturdy enough for convenient display purposes.
Sampling Instructions
Publishers shall provide the following items to reviewers, the CDE, and LRDCs on or before 5:00 p.m. (PDT) on July 5, 2013:
a. A complete copy of the instructional materials program, as follows:
i. For the CDE and IMR/CRE panel members, Instructional Quality Commissioners, and requesting SBE members: send all teacher and student materials, including one example of a complete set of kit components for one student.
ii. For LRDCs: Due to space limitations and the large number of anticipated programs, the CDE may develop a grade-level matrix for each LRDC. For basic programs, LRDCs may receive the entire grade-level span or selected grade levels. Some LRDCs may not receive the entire range of programs.
b. Program description: Publishers should include with the distributed materials “a short narrative description of the instructional materials that will be submitted. This description should not exceed six pages, single spaced.” (5 CCR Section 9517[c][2]).
c. List of all components: Publishers should provide a list of all the components in a submitted program, including the title and ISBN (or other identifying number), even if the components are not listed separately on the submission list but are included within another item (5 CCR Section 9517[c][1]).
d. Standards maps: Publishers shall provide completed standards maps on a CD-ROM or flash drive and in hard copy for each submitted program. These documents must be completed with citations by publishers showing where their program meets the content outlined in the content standards (5 CCR Section 9517[e]). The blank maps can be found on the on the CD-ROM included in the ITS packet and the CDE’s Mathematics Instructional Materials Web page at .
e. Evaluation Criteria maps: Publishers shall provide completed evaluation criteria maps on a CD-ROM or flash drive and in hard copy for all instructional materials that have been accepted for evaluation (5 CCR Section 9517[e]). These documents, along with instructions for completing them, are included on the CD-ROM included in the ITS packet and are also available on the CFIRD Web site at the link listed above.
NOTE: Instructions for completing the Standards and Evaluation Criteria Maps, along with samples of completed standards maps, are included on the ITS CD-ROM that is part of the ITS packet. The completed standards maps and criteria maps shall be submitted on a CD-ROM or flash drive and in hard copy. For compelling reasons beyond the publisher’s control (e.g., natural disaster), the specified deadline may be extended on a case-by-case basis with the written permission of the CDE (5 CCR Section 9517[c]).
f. Computer Hardware: Publishers may, but are not required to, provide a laptop or other hardware needed to access the digital components of their submitted instructional materials program. Publishers of programs with a large digital component may want to submit a laptop or other device with their program preinstalled to avoid potential technical issues with the review of their materials. Note that unlike regular samples, which are kept by the reviewer, any computer hardware must be returned to the publisher once the review is complete.
Shipment Verification
Shortly after the deadlines for receiving instructional materials have passed, the CDE, LRDCs, and reviewers shall conduct an inventory of instructional materials received. Publishers will be notified of missing components and will be required to complete the shipments.
Major distribution errors or failure to respond on a timely basis to the CDE’s distribution requirements or request for corrective shipments may result in disqualification of a submission (5 CCR Section 9517[f]). Neither the CDE, nor or any other recipient of instructional materials, will be held responsible for materials that are not adequately labeled.
Penalties for Unauthorized Changes or Modifications After Submittal
After the final date for delivery of instructional materials, changes or modifications made to instructional materials by the publisher shall result in disqualification of the instructional materials from consideration in the adoption unless the changes or modifications are made pursuant to the SBE’s direction regarding content or social content reviews (5 CCR Section 9517[k]). Pursuant to Education Code Section 60200(b)(2), any revisions to adopted materials received subsequent to SBE action on the adoption will be subject to review, and publishers will be assessed a fee to cover the cost of that review.
Submission of Instructional Materials: Price Quotation
An electronic template file in Excel format is included on the ITS CD-ROM. The template is designed to be used to prepare instructional materials price quotations for submission to the CDE. The file will allow publishers to:
1. Submit initial prices for new materials being considered for inclusion on the list of adopted instructional materials; and
2. Submit biennial price adjustments for adopted materials. All price adjustment submissions must be in compliance with EC sections 60061 and 60223.
On or before 5 p.m. (PDT), May 15, 2013, publishers shall submit their list of price quotations to the CDE for the sale of submitted instructional.
The prices submitted by publishers will be in effect until June 30, 2016. Beyond this date, any changes made will remain in effect for a two-year period. Prices may not be increased after the final filing date of the price quotation until the next scheduled biennial price update (EC 60223); however, it is the publisher’s responsibility to notify the CDE immediately of any item price reductions. A faxed copy or an e-mail with an attached letter on company stationery will be accepted pending receipt of the original. Send notifications to:
2014 Mathematics Adoption
Thomas Adams, Director
CFIR Division
California Department of Education
1430 N Street, Suite 3207
Sacramento, CA 95814
FAX: 916-319-0172
Telephone: 916-319-0881
mathadoption@cde.
Withdrawal from the Adoption
Publishers are discouraged from withdrawing their instructional materials from the adoption after the materials have been submitted. Any such withdrawal of submissions may be noted in the Instructional Quality Commission’s advisory report to the SBE and may be noted in any final action report prepared by the SBE. Requests to withdraw individual items or full programs from the adoption process must be made in writing with the signature of the official publisher contact by 5 p.m. (PDT) seven (7) working days before deliberations, by August 29, 2013. Faxed copy or an e-mail with an attached letter on company stationery will be accepted pending receipt of the original. Send withdrawal requests to:
2014 Mathematics Adoption
Thomas Adams, Director
CFIR Division
California Department of Education
1430 N Street, Suite 3207
Sacramento, CA 95814
FAX: 916-319-0172
Telephone: 916-319-0881
mathadoption@cde.
Note that pursuant to Education Code Section 60209(d)(1), fees paid to cover the costs of participation in the adoption will not be refundable if the publisher subsequently elects to withdraw from the adoption.
Evaluation of Instructional Materials Submitted
Educational Content Review
Instructional materials submitted for the 2014 Mathematics Primary Adoption will be evaluated using the Evaluation Criteria Maps (on CD-ROM) and the Standards Maps (on CD-ROM). The evaluation criteria for this adoption, including the content standards, can be found on the CDE Web site at .
Instructional Materials Reviewers, Content Review Experts, and Facilitators
An important activity in the California adoption process is the education content review of submitted materials. The review panels will consist of individuals in the following roles:
• Instructional Materials Reviewers (IMRs): IMRs review the instructional materials for content accuracy, adherence to the evaluation criteria adopted by the SBE (as to Content/Alignment with the Standards, Program Organization, Assessment, Universal Access, and Instructional Planning and Support) and alignment with the SBE approved evaluation criteria.
• Content Review Experts (CREs): CREs are subject-matter experts with a Ph.D. in mathematics or a related discipline who review the submitted instructional materials for accuracy, adequacy of coverage, current and confirmed research, and alignment with the SBE approved evaluation criteria.
• Facilitators: A "Facilitator" is an Instructional Quality Commissioner, former Commissioner, IMR, or CDE employee assigned by the Instructional Quality Commission to help each IMR/CRE review panel organize and reach consensus during deliberations. The SBE must approve the participation of any facilitator who is not a current Instructional Quality Commissioner. Facilitators shall be trained by CDE staff, Instructional Quality Commissioners, SBE members, or other parties approved by SBE, during publicly-noticed meetings prior to deliberations.
IMR and CRE training on the review process for evaluating the submitted instructional materials will take place on June 18-21, 2013. IMRs and CREs will be given standards maps and evaluation criteria maps to assist them in their independent reviews during the months of July, August, and September.
The IMRs and CREs will reconvene in review panels during deliberations to prepare a report of findings, which includes a consensus recommendation to the Instructional Quality Commission on each submission. For the Mathematics Adoption, panel deliberations will take place on September 10-14, 2013.
Per 5 CCR Section 9519:
“(c) Each review panel must evaluate instructional materials according to the SBE adopted content standards, curriculum frameworks, evaluation criteria and social content standards.
(e) Each review panel shall decide which instructional materials to recommend for adoption.
(f) Each review panel shall make recommendations as to edits and corrections that should be made to instructional materials.
(g) Review panels shall not recommend rewrites of instructional materials.”
All meetings are open to the public. Publishers are given a formal opportunity to present their program to the review panels during the training sessions. Publishers also have an opportunity to participate in a formal question-and-answer session during deliberations to clarify issues and to provide additional information on their program. Time for a minimum of one public comment session will also be made available each day of training and deliberations. The IMR/CRE Report of Findings for each program reviewed will be made available to each respective publisher after the deliberations have been completed and prior to the Instructional Quality Commission taking action and making recommendations to the SBE.
Use of IMR/CRE Report of Findings
At no time before or after the final action by the SBE shall publishers publicize in any marketing of instructional materials any part of the draft or final IMR/CRE Report of Findings, the Instructional Quality Commission recommendation reports, or the SBE adoption report. This restriction includes publicizing other publishers’ IMR/CRE Report of Findings, Instructional Quality Commission recommendation reports, or SBE adoption report (See 5 CCR Section 9517[n]).
Contact with IMRs and CREs
“Publishers or their representatives shall not communicate with IMRs and CREs, during their tenure, about anything related to the evaluation or adoption of instructional materials submitted for adoptions other than when the publishers are making presentation or public comment in open publicly-noticed meetings.” IMRs and CREs are required to report any inappropriate contact to the CDE. Such inappropriate contact may lead to corrective action, “including disqualification of the publisher, facilitator, and IMR/CRE from further participation in the adoption” (See 5 CCR Section 9514[a]).
Social Content Reviews
Social content reviews will be conducted by the IMRs and CREs. Citations made by reviewers will be collected by the CDE at the beginning of each deliberations session. The citations and comments will be consolidated and handled as part of the Edits and Corrections procedures.
In accordance with EC sections 60040, 60041, 60042, 60044, 60048, 60050, 60200, and 60200.2, 5 CCR Section 9518, and the Standards for Evaluating Instructional Materials for Social Content (2000 edition), instructional materials submitted under the follow-up adoptions shall be reviewed for social content. The latter document is available on the CDE’s Curriculum Frameworks and Instructional Materials Web page at . Please note that some of the statutes cited above have changed since the SBE’s social content standards were last updated in 2000. Publishers will be held to the requirements in current statute. All of the sections cited above are included in their entirety in Attachment B. Publishers are notified of the results of the social content review.
Items may be revised to bring them into compliance with social content standards. A publisher or manufacturer who receives a finding of noncompliance with the social content standard may provide the CDE with a proposed revision to remedy the finding of noncompliance within the post adoption edits and corrections timeframe as specified in the Schedule of Significant Events and described in 5 CCR Section 9525. A final print copy of any revised instructional materials must be submitted to the CDE within 60 days after final SBE action on the adoption.
If an item is not added to the list of adopted instructional materials under the 2014 Mathematics Primary Adoption, but has been approved for social content, the CDE will add the item to the approved Social Content Review database that is posted on the CDE’s Social Content Review Web page at .
“Publishers or manufacturers shall not describe or represent as adopted by the SBE those instructional materials which have passed only a social content review. Misrepresentation may result in deletion of the instructional materials reviewed from the list of materials reviewed for compliance with social content standards” (5 CCR 9820[g]).
Public Review
The opportunity for public review shall be provided at the LRDCs (see Attachment E) in accordance with EC Section 60202 and 5 CCR Section 9523. At the LRDCs, the public may review the programs submitted for adoption and make comments about the programs’ suitability for adoption. Comments received from the public are made available to the members of the Instructional Quality Commission and the SBE. Publishers shall also provide CDE with a URL to those instructional materials intended for student use that are being submitted for adoption, and the CDE shall post on its Web site direct hyperlinks to the URLs provided by the publishers.
Before recommending submitted programs for the adoption, the Instructional Quality Commission shall hold public hearings where all interested parties may present comments orally and/or in writing. Similarly, the SBE shall hold a public hearing where all interested parties may present comments orally and/or in writing before the SBE takes action to adopt or to not adopt the instructional materials.
At the public hearings, oral presentations may be subject to time limits established by the chairperson or by the presiding member. It is recommended that individuals wishing to present written testimony (whether separately or in addition to oral remarks) at any of the public hearings bring at least 50 copies for distribution to the members, staff, and audience.
Instructional Quality Commission Advisory Report and Recommendations
The Instructional Quality Commission shall review the IMR/CRE Report of Findings and shall hold public hearings in accordance with the Schedule of Significant Events. From the information received from each Instructional Quality Commissioners’ independent review of the instructional materials, the Instructional Quality Commission shall prepare recommendations on each of the instructional materials programs submitted for adoption. The Instructional Quality Commission shall submit its recommendations in an advisory report to the SBE. (5 CCR sections 9519[i], 9524[a][1-5]).
Display of Instructional Materials for Public Inspection
A 30-day public display period follows the Instructional Quality Commission’s action. A news release will be issued to encourage members of the public to visit their local LRDC to review the instructional material recommended for adoption or not adoption by the Instructional Quality Commission. Members of the public may visit the publisher’s Web site to review those instructional materials intended for student use that are being submitted for adoption. Hyperlinks to those Web sites will be posted on the CDE Mathematics Instructional Materials Web page. Publishers will be directed to include a link that will allow members of the public to submit comments on the instructional materials directly to the CFIRD. A list of the LRDCs is included as Attachment E (EC Section 60202; 5 CCR Section 9523).
Sets of instructional materials adopted by the SBE will be on display at the LRDCs for a minimum of two years from the adoption action by the SBE as specified in the Schedule of Significant Events (5 CCR Section 9523).
State Board Action
After a public hearing on the Instructional Quality Commission’s recommendations, the SBE shall consider the information it receives and take final action to adopt or to not adopt each submission. The CDE shall notify participating publishers of the SBE’s actions.
Instructional materials adopted by the SBE in the 2014 Mathematics Primary Adoption for grades K–8 are considered “adopted” after action by the SBE scheduled for March 2014. “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 board for continuing items on that list shall be the date on which the state board adopts instructional materials based upon a new or revised curriculum framework.” (EC Section 60200[h])
A primary adoption is distinguished from a follow-up adoption, which is the second adoption of textbooks or basic instructional materials conducted by the SBE using the same evaluation criteria. Textbooks and basic instructional materials adopted in a follow-up adoption are added to the then-existing list of adopted textbooks and basic instructional materials for a subject area, and the period of adoption for those materials is the remaining time of the list for the primary adoption. (5 CCR Section 9531[c]).
Edits and Corrections
The IMR/CRE Report of Findings may list minor edits and corrections that were identified during the review process. The action by the Instructional Quality Commission and the SBE may confirm that these minor edits and corrections must be satisfactorily addressed in order for the instructional materials to be adopted. If the Instructional Quality Commission includes required edits and corrections in its advisory report to the SBE, and if the SBE accepts these edits and corrections as a condition for adoption, then earlier versions of the materials that do not reflect those edits and corrections will not be considered adopted. It is recommended that publishers not go to final print with their materials until after the edits and corrections process is complete. Instructional materials will not be added to the CDE’s online Price List and Order Form database until final editions have been submitted and all edits and corrections have been verified.
Publishers must submit their final print materials to the CDE for review and verification of edits and corrections within 60 days after final SBE action on the adoption.
A meeting with publishers to discuss edits and corrections made in the IMR/CRE and Instructional Quality Commission reports will be scheduled after the SBE takes final action on the adoption.
Edits and Corrections Definitions and Procedures
In accordance with 5 CCR sections 9510 and 9525:
Section 9510: Edits and Corrections, Rewrites Defined
“(h) ‘Edits and corrections’ are changes that must be made to submitted instructional materials to meet the social content standards, to ensure accuracy, or to achieve clarity and that are minimal in number, and include, but are not limited to:
1) Misquoted content standards;
2) Imprecise definitions;
3) Mislabeled pictures or objects;
4) Grammatical errors or misspellings;
5) Simple factual errors;
6) Computational errors.
(r) ‘Rewrites’ are extensive changes that would need to be made to instructional materials in order for them to meet the content standards, curriculum frameworks, evaluation criteria or social content standards and include, but are not limited to:
1) Revising a section, chapter or entire page;
2) Adding new content;
3) Moving materials from one grade level to another.”
Section 9525:
“(a) Following the action of the SBE on a specific instructional materials adoption, CDE staff will notify publishers, in writing, of any edits and corrections adopted by the SBE.
(b) Within 60 days of the SBE adopting instructional materials and edits and corrections, publishers shall provide to the CDE copies of revised instructional materials, or relevant portions thereof, that reflect all edits and corrections required by the SBE. If the publisher can show that circumstances beyond its control prevented it from delivering the revised instructional materials within the 60 day period, the CDE may grant a reasonable extension to the publisher.
(c) CDE staff will schedule individual meetings with each publisher to discuss edits and corrections, at which time publishers will be provided an opportunity to show that the adopted edits and corrections have been made to the revised instructional materials.
(d) Under direction from the SBE, CDE staff may work with Instructional Quality Commissioners or CREs to evaluate whether publishers have made the adopted edits and corrections to their revised instructional materials.
(e) Upon completion of this evaluation, CDE staff will notify each publisher whether the revised instructional materials comply with the SBE's action or whether additional revisions need to be made. Within 60 days of this notification, publishers shall provide to the CDE copies of final printed instructional materials that reflect all edits and corrections required by the SBE. If the publisher can show that circumstances beyond its control prevented it from delivering final printed instructional materials within the 60 day period, the CDE may grant a reasonable extension to the publisher.”
Education Code Section 60200(b)(2), as modified by Assembly Bill 1246, allows a publisher to submit revisions to currently-adopted instructional materials after the timeframe specified by the SBE. No such revisions will be permitted until the adoption process is complete. Any revisions received subsequent to SBE action on the adoption will be subject to review, and publishers will be assessed a fee to cover the cost of that review.
Additional Requirements
The CDE may request the submission of additional copies of final adopted editions of instructional materials up to the maximum total of 80 complete sets of the program.
The State of California shall have the right to transcribe, reproduce, and distribute any submissions included on the list of adopted instructional materials under the 2014 Mathematics Primary Adoption in braille, large print, recordings, or other accessible media for use by pupils with disabilities. This right shall include computer diskette/CD-ROM versions of print materials if made available to any other state (see EC sections 60061[g], 60312, and 60313). Due to the high cost of book preparation in braille, publishers of print materials adopted by the SBE should notify the CSMT of those materials that have not changed significantly and those that have been revised. This notification will ensure that braille materials reach students in a timely manner.
For further information regarding specialized media, contact:
Jonn Paris-Salb
Clearinghouse for Specialized Media and Translations
1430 N Street, Room 3207
Sacramento, CA 95814
Telephone 916-445-5103
Publisher Post-Adoption Responsibilities
Local Educational Agency Orders
Orders for state-adopted instructional materials purchased with state or local funds are placed directly with publishers. Local Educational Agencies (LEAs) may begin placing orders for instructional materials after they have been adopted (with approved Edits & Corrections and Social Content changes). Orders may be filled only with the final, approved versions of the adopted instructional materials. Publishers are also prohibited from offering [or being accepted by] local school officials “any emolument, money, or other valuable thing, or any inducement, to any school official to directly or indirectly introduce, recommend, vote for, or otherwise influence the adoption or purchase of any instructional material” (EC Section 60071-72).
As to the purchase of instructional materials by an LEA, publishers shall comply with the following requirements:
Free Instructional Materials
In accordance with 5 CCR Section 9510(l), “‘Free instructional materials’ refer to instructional materials provided at no cost by publishers to a county office of education, district board, elementary school, middle school or high school.”
EC sections 60061 and 60061.5 place a number of duties on publishers of instructional materials. All of these duties must be fulfilled. One of the duties—the providing of instructional materials free of charge in this state to the same extent as that received by any state or school district in the United States—has been the source of some misunderstanding and has been clarified in 5 CCR Section 9527.
State law requires that if a publisher is providing free instructional materials to school districts in other states, it must provide those materials to the same extent in California school districts (EC Section 60061[a][3]). Elementary and middle school districts are authorized under law to collect three times the total value of the instructional materials and services that the governing board is entitled to receive free of charge under subdivision (a) of EC Section 60061 if the publisher violates this provision.
In defining technology-based materials that may be considered as free instructional materials, EC Section 60010(m) specifically states that technology-based instructional materials “do not include the equipment required to make use of those materials, unless that equipment is to be used by pupils and teachers as a learning resource. However, this shall not be construed to authorize a school district to replace computers or related equipment in an existing computer lab or allow a school district to establish a new computer lab.” Therefore technology hardware may be included on a list of free materials only if it can be used with the content of the program.
If, at any time after the material has been adopted, a publisher allows schools, districts, or county offices to substitute other free materials, services, grants, or credits for previously listed free materials or services, or additions are made to the original free instructional materials listing submitted to the CFIRD, the publisher is required to inform the CFIRD within 30 days of the effective date of the changes to the listing.
Upon receipt of a free instructional materials offer, CFIRD staff may review the offer for compliance with applicable statutes, regulations, and policies. Failure or refusal by a publisher to inform the CDE within this period shall constitute a rebuttable presumption that the violation of EC Section 60061 was willful.
Notification to districts and county offices of education of these free instructional materials listings, and any subsequent changes, and/or additions, will be the responsibility of the publisher/producers of the adopted materials.
Web Site List of Free Instructional Materials
Per 5 CCR Section 9527:
“(a) In order to comply with the statutory requirement that publishers provide any instructional materials free of charge in this state to the same extent as that received by any state or school district in the United States, publishers shall post on their website a list of any free instructional materials that they have agreed to provide to a county office of education, district board, elementary school, middle school or high school within 10 days of entering into such an agreement. Publishers shall maintain this list on their websites through the next biennial price adjustment referenced in Education Code section 60223, at which time the statutory requirement regarding the instructional materials on the list shall end.
(b) The publisher shall provide the CDE with the URL to their list of free instructional materials, and the CDE shall post on its website a direct hyperlink to the URL provided by the publisher”
Materials free of charge that are not on the state adoption list must comply with the requirements of EC sections 60040–60048, 60200, and 60200.2 and the publication titled Standards for Evaluating Instructional Materials for Social Content (2000 edition), which is available on the CDE’s Curriculum Frameworks and Instructional Materials Web page at .
Quality of Workmanship
Instructional materials furnished and delivered to LEAs by publishers shall conform to and be of at least the same quality of workmanship as the copies of the instructional materials submitted to the CDE (5 CCR 9530[a]).
Manufacturing Standards and Specifications
At the request of any LEA, a publisher shall provide a copy of any manufacturing standards and specifications for the instructional materials with which the publisher is currently in compliance (5 CCR Section 9530[b]).
Textbook Weight Standards
Pursuant to EC Section 49415 and 5 CCR Section 9517.2, maximum weight standards for elementary and secondary school textbooks will apply to adopted materials.
“Publishers and manufacturers submitting textbooks for adoption by the State Board of Education for kindergarten through grade eight that exceed the maximum weight standards [i.e. grades K-4: three pounds; grades 5-8: four pounds] shall provide at least one alternative for lighter weight materials with identical content to local school districts with options for lighter-weight materials, such as split volumes, electronic editions, softcover editions or other alternate physical formats. The lighter weight materials must be identified by the publisher when they submit their textbooks to the CDE as part of the instructional materials adoption” (5 CCR Section 9517.2[b-c]).
Exceptions to the maximum weight standards include materials prepared in large-print or braille or materials that are designed to provide accessibility for students with disabilities; textbooks that are used only in the classroom and are not required to be carried to other locations; and textbooks primarily used by the teacher.
Discontinuation of Instructional Materials
Discontinuation of instructional materials before the expiration date of materials adopted by the SBE may cause a hardship on LEAs by limiting their ability to order additional copies or to reorder components necessary for the use of the programs.
Per 5 CCR Section 9530:
“(c) Should the publisher discontinue an instructional material before its adoption expiration date, upon receipt of a written request from a district that has purchased the discontinued instructional materials, the publisher shall buy back from the school district all of the instructional materials discontinued and any instructional materials designed to be used with the discontinued instructional material. The publisher shall buy back the instructional materials at the price in effect pursuant to the purchase order or agreement at the time when the instructional materials were purchased.”
With the written consent of the CDE, a publisher may discontinue instructional materials for which no orders have been placed in the preceding two years.
Delivery of Instructional Materials
Publishers of programs adopted by the SBE must deliver ordered materials within the specified terms of the purchase agreement. In negotiating purchase agreements with publishers to ensure timely delivery of materials, districts may levy fines on publishers for late deliveries.
Pricing, Marketing, and Other Publisher Regulations
Per EC Section 60061:
(a) Every publisher or manufacturer of instructional materials offered for adoption or sale in California shall comply with all the requirements and provisions of this part:
1) Furnish the instructional materials offered by the publisher at a price in this state that, including all costs of transportation to that place, does not exceed the lowest price at which the publisher offers those instructional materials for adoption or sale to any state or school district in the United States.
2) Automatically reduce the price of those instructional materials to any governing board to the extent that reductions are made elsewhere in the United States.
3) Provide any instructional materials free of charge in this state to the same extent as that received by any state or school district in the United States.
4) Guarantee that all copies of any instructional materials sold in this state are at least equal in quality to the copies of those instructional materials that are sold elsewhere in the United States, and are kept revised, free from all errors, and up to date as may be required by the state board.
5) Not in any way, directly or indirectly, become associated or connected with any combination in restraint of trade in instructional materials, or enter into any understanding, agreement, or combination to control prices or restrict competition in the sale of instructional materials for use in this state.
6) Maintain a representative, office, or depository in the State of California or arrange with an independently owned and operated depository in the State of California to receive and fill orders for instructional materials.
7) See “Accessibility Requirements” below.
(b) Upon the willful failure of the publisher or manufacturer to comply with the requirements of this section, the publisher or manufacturer shall be liable to the governing board in the amount of three times the total sum that the publisher or manufacturer was paid in excess of the price required under paragraphs (1), (2), and (5) of subdivision (a), and in the amount of three times the total value of the instructional materials and services that the governing board is entitled to receive free of charge under subdivision (a).
Funding for Instructional Materials
LEAs may use Categorical Program Flexibility, California Lottery (Proposition 20), and unrestricted funds to purchase these state-adopted instructional materials in mathematics for kindergarten through grade eight.
Sufficient Instructional Materials
EC Section 60119 requires all districts to hold a public hearing by the eighth week of the school year and make a determination through a resolution that every pupil has sufficient textbooks or instructional materials in the four core areas of reading/language arts, mathematics, science, and history–social science. The governing board must also make a written determination as to whether there are sufficient health and foreign language textbooks for every pupil enrolled and science laboratory equipment is available for grades nine through twelve.
EC Section 60119(c)(1) defines sufficient textbooks or instructional materials to mean 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."
For more information on the Williams settlement as it relates to instructional materials, go to the Williams Frequently Asked Questions on the CDE’s Williams Information Web page at .
Accessibility Requirements
The Clearinghouse for Specialized Media and Translations (CSMT) provides accessible formats of instructional materials to public schools in California for students with qualifying disabilities in kindergarten through eighth grades.
California Education Code pertaining to publisher materials sold in California:
Education Code 60061(a)(7) Provide to the state, at no cost, computer files or other electronic versions of each state-adopted literary title and the right to transcribe, reproduce, modify, and distribute the material in braille, large print if the publisher does not offer a large print edition, recordings, American Sign Language videos for the deaf, or other specialized accessible media exclusively for use by pupils with visual disabilities or other disabilities that prevent use of standard instructional materials. Computer files or other electronic versions of materials adopted shall be provided within 30 days of request by the state as needed for the purposes described in this subdivision as follows:
(A) Computer files or other electronic versions of literary titles shall maintain the structural integrity of the standard instructional materials, be compatible with commonly used braille translation and speech synthesis software, and include corrections and revisions as may be necessary.
(B) Computer files or other electronic versions of nonliterary titles, including science and mathematics, shall be provided when technology is available to convert those materials to a format that maintains the structural integrity of the standard instructional materials and is compatible with braille translation and speech synthesis software.
The CSMT requires that final version files of adopted student materials be submitted to the National Instructional Materials Access Center (NIMAC) following National Instructional Materials Accessibility Standard (NIMAS) format so that materials can be produced in accessible formats for students with disabilities. Until the NIMAS files are accessed, publishers shall provide portable document format (PDF) and the NIMAS files directly to the CSMT, as well as providing the NIMAS files to the National Instructional Materials Accessibility Center (NIMAC). Additionally, we request a Joint Photographic Experts Group (jpeg) file on a compact disc (CD) of all student material book covers.
Information about NIMAS files can be found on the NIMAC Web site at , and in Attachment H, “Publisher Toolkit for CSMT.” A complete Frequently Asked Questions (FAQ) is found by clicking on the Publisher and Conversion House tab including File Submission Procedures.
Additional Information on Instructional Materials
Flexibility for the Purchase of Non-adopted Instructional Materials
Pursuant to Education Code (EC) sections 42605(e)(2)(A) and 60210(a), added by Assembly Bill 1246 (Chapter 668 of the Statutes of 2012), local educational agencies may use instructional materials funds included in the categorical program flexibility block grant to purchase instructional materials that have not been adopted by the SBE. If the local educational agency elects to purchase non-adopted materials, it must ensure that the materials are fully aligned to the content standards adopted pursuant to EC sections 60605 or 60605.8, and that a majority of the participants of any review process conducted by the local educational agency are classroom teachers who are assigned to the subject area or grade level of the materials.
Alternate Formats Developed Subsequent to the Adoption of Instructional Materials
Per 5 CCR Section 9528:
“(a) Publishers may submit alternate formats of adopted instructional materials to the CDE for approval at any time during the period of adoption.
(b) Alternate formats of adopted instructional materials shall include:
1) instructional materials that are identical in content to adopted instructional materials, but that are different in physical format, and
2) translations of adopted instructional materials into other languages. Translations of adopted instructional materials into other languages may include different literary selections that are equivalent in content to those contained in the English version.
(c) Submissions of alternate formats shall be reviewed as follows:
1) For approval of an alternate physical format, the CDE staff will review submitted materials to confirm that the content is identical to the adopted instructional materials.
2) For approval of alternate formats in languages other than English, the CDE will employ qualified CDE staff or contract with experts in the alternate language to review the materials to confirm that the translation is accurate and to determine if the materials are equivalent in content to the adopted instructional materials. Different literary selections must be approved by the SBE.”
The CDE recommends that when submitting proposed alternate format materials for approval, publishers should provide the CFIRD with:
• The title and ISBN of the original item
• The title and ISBN of the alternate format item
• A copy of the newly developed alternate format item
• A price quotation form indicating the price of the alternate format item
Per the requirements of EC Section 60061.8, CFIRD staff will review the post-adoption alternate format items to determine whether they meet the definition and requirements of an alternate format, including all technology-based and electronic media, such as CDs, videos, Web sites, and other resources. Approved alternate formats shall be given the same adoption termination date as the original formats.
Per 5 CCR Section 9527, any alternate format instructional materials that are submitted after SBE action that will be free of charge shall also be included on the publisher’s list of free instructional materials. The publisher shall provide the CDE with the URL to their list of free instructional materials. The CDE shall post on its Web site a direct hyperlink to the URL provided by the publisher.
Revisions of the content of adopted instructional materials are not considered to be an alternate format. Those changes will be reviewed pursuant to EC Section 60200(b)(2), and a fee will be assessed of the publisher to cover the costs of that review.
Instructional Materials Price List
All current state-adopted instructional materials are listed in the online Instruction Materials Price List (IMPL) maintained by the CDE. The price lists for various subjects are maintained in a searchable database format on the CDE’s IMPL Web page at .
New Edition Substitutions
Per 5 CCR Section 9529:
“(a) Upon written request by a publisher, the CDE may approve a new edition of an adopted instructional material to replace the original adopted edition, provided that:
1) Changes contained in the new edition are so minimal that both the new edition and the original adopted edition may be used together in a classroom environment. No additional content may be included in the new edition
2) All changes comply with the social content standards set forth in the publication entitled Standards for Evaluating Instructional Materials for Social Content, 2000, as referenced in section 9518. The price of the new edition is equal to or lower than the price of the original adopted edition.
(b) Upgrades of technology-based materials that do not contain content changes can be made by publishers without CDE approval, unless the upgrade results in a new ISBN or identifier.”
Unauthorized substitutions in place of state-adopted instructional materials are illegal and may subject the publisher’s program to removal from the adoption list (5CCR Section 9517[k]). Also refer to section IV, “Publisher Post-Adoption Responsibilities.”
Design Resources for Publishers
The following Web sites feature design resources for publishers of instructional materials:
• Clearinghouse for Specialized Media and Translation
• Universal Design
• Video Captioning
• Web Design
• Web Page Accessibility Validation
Contacts for Questions
Publishers are invited to submit programs of instructional materials for the 2014 Mathematics Primary Adoption. Any questions relating to the adoption should be addressed to the CFIRD.
2014 Mathematics Primary Adoption
Curriculum Frameworks and Instructional Resources Division
California Department of Education
1430 N Street, Suite 3207
Sacramento, CA 95814
Telephone: 916-319-0881
FAX: 916-319-0172
mathadoption@cde.
• Thomas Adams, Division Director
Telephone: 916-319-0881
• Cliff Rudnick, Education Administrator I
Instructional Resources Unit
Telephone: 916-319-0736
• Kristen Cruz Allen, Education Administrator I
Curriculum Frameworks Unit
Telephone: 916-323-4867
• Dmitriy Voloshin, Education Programs Consultant
2014 Mathematics Adoption Lead
Telephone: 916-323-4583
e-mail: dvoloshin@cde. [Note: the preceding link is now invalid.]
• David Almquist, Publisher Liaison, Education Programs Consultant
Telephone: 916-319-0444
e-mail: dalmquis@cde.
• Joe Thompson, Associate Governmental Program Analyst
(Submission Lists/Price Quotes)
Telephone: 916-323-1953
List of Attachments
Attachments
A. Publisher’s Checklist
B. Selected California Education Code Sections Related to Instructional Materials
C. California Code of Regulations, Title 5, Education (Selected Sections)
D. Submission List and Price Quotation on Instructional Materials Template (Sample Printout of Form)
E. Learning Resources Display Centers
F. California Adoption Publisher Contact and Technology Requirements Document
G. Information Regarding Instructional Materials
H. Publisher Tool Kit for CSMT
I. Shipping and Item Label Examples
ITS CD-ROM
1. Publishers Invitation to Submit Instructional Materials: 2014 Mathematics Primary Adoption
2. K–12 California’s Common Core Content Standards for Mathematics, with California additions as Amended by the State Board of Education on January 16, 2013
3. Standards for Evaluating Instructional Materials for Social Content (2000 Edition)
4. California Common Core State Standards Maps for Mathematics:
a. Publisher Instructions
b. K–8 Grade-Level Programs (9 files)
c. Mathematics I Program
d. Algebra I Program
5. Criteria for Evaluating Mathematics Instructional Materials for Kindergarten through Grade Eight
6. Grade Level Emphases Document
7. Mathematics Evaluation Criteria Map and Instructions
8. Submission Form and Instructions
9. Copies of the forms that must be returned to CDE:
• Attachment A: Publisher Checklist
• Attachment F: Publisher Contract and Technology Requirements Document
Attachment A: Publisher’s Checklist
Enclosures/Information (Ensure all documents are included with submission)
| |E-mail instructional materials submission list of all items to be considered for adoption to CDE at |
| |mathadoption@cde. (via CDE-supplied template file) |
| | |
| | |
| | |
| |Printout of submission information |
| |Contact form with contact information and technology requirements |
| |Program description of submitted programs |
| |List of kit components |
|Signature of Authorized Representative: |Date: |
| | |
|Name/Tile of Authorized Representative: |Company: |
| | |
|Address: |City, State, Zip: |
| | |
|Telephone: |FAX Number: |
| | |
|E-mail Address: |
Please return by May 15, 2013, 5 p.m. (PDT) to:
2014 Mathematics Primary Adoption
Thomas Adams, Director
CFIR Division
California Department of Education
1430 N Street, Suite 3207
Sacramento, CA 95814
mathadoption@cde.
Attachment B: Selected California Education Code Sections Related to Instructional Materials
42605. Funds provided in annual Budget Act; use for any educational purpose; charter schools; requirements; notice of intention to close funded programs
(a) (1) Unless otherwise prohibited under federal law or otherwise specified in subdivision (e), for the 2008-09 fiscal year to the 2014-15 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 Section 2.00 of the annual Budget Act, for any educational purpose.
(2) Items 6110-104-0001, 6110-105-0001, 6110-108-0001, 6110-122-0001, 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 2014-15 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 Third Extraordinary Session of the Statutes of 2009 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 2014-15 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 2014-15 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 2014-15 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 Section 2.00 of 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) (A) As a condition of receipt of funds, the governing board of the school district or governing 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.
(B) The regularly scheduled open public hearing held pursuant to subparagraph (A) shall be held before and independent of a meeting where the governing board of the school district or governing board of the county office of education adopts a budget. If the governing board intends to close a program funded by the items listed in paragraph (2) of subdivision (a), the governing board shall identify, in the notice of the agenda of the public hearing or at another public hearing, the program or programs proposed to be closed.
(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, 2016.
(d) For the 2008-09 fiscal year to the 2014-15 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 (d), the following requirements shall continue to apply:
(1) For Item 6110-105-0001 of Section 2.00 of the annual Budget Act, the amount authorized for flexibility shall exclude the funding provided to fund remedial educational services pursuant to Provision 4. For Item 6110-156-0001 of Section 2.00 of the annual Budget Act, 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) Any instructional materials purchased by a local educational agency for kindergarten and grades 1 to 8, inclusive, and for grades 9 to 12, inclusive, shall be aligned with the state standards adopted pursuant to Section 60605 or 60605.8, and shall also meet the reporting and sufficiency requirements contained in Section 60119.
(B) 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) For Item 6110-195-0001 of Section 2.00 of the annual Budget Act, 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) For Item 6110-266-0001 of Section 2.00 of the annual Budget Act, 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) For Item 6110-198-0001 of Section 2.00 of the annual Budget Act, 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.
PART 33: INSTRUCTIONAL MATERIALS AND TESTING
CHAPTER 9. PUPIL AND PERSONNEL HEALTH
ARTICLE 1. GENERAL POWERS–SCHOOL BOARDS
49415. Maximum weight standards for textbooks used by pupils in elementary and secondary schools
On or before July 1, 2004, the State Board of Education shall adopt maximum weight standards for textbooks used by pupils in elementary and secondary schools. The weight standards shall take into consideration the health risks to pupils who transport textbooks to and from school each day.
CHAPTER 1. INSTRUCTIONAL MATERIALS
ARTICLE 1. LEGISLATIVE INTENT
60000. Legislative Intent
(a) It is the intent and purpose of the Legislature in enacting this part to provide for the adoption and selection of quality instructional materials for use in the elementary and secondary schools.
(b) The Legislature hereby recognizes that, because of the common needs and interests of the citizens of this state and the nation, there is a need to establish broad minimum standards and general educational guidelines for the selection of instructional materials for the public schools, but that because of economic, geographic, physical, political, educational, and social diversity, specific choices about instructional materials need to be made at the local level.
(c) The Legislature further recognizes that the governing boards of school districts have the responsibility to establish courses of study and that they must have the ability to choose instructional materials that are appropriate to their courses of study.
60001. Adoption of basic instructional materials
For the purposes of any provision of the California Constitution that requires the adoption of textbooks for use in the elementary schools, the state board shall adopt at least five separate basic instructional materials for each grade level and each subject area as required by section 60200.
60002. Selection of instructional materials
Each district board shall provide for substantial teacher involvement in the selection of instructional materials and shall promote the involvement of parents and other members of the community in the selection of instructional materials.
60005. Curriculum frameworks and instructional materials
(a) The Legislature finds and declares that it is in the public interest for the State Board of Education to adopt policies and procedures concerning the development of curriculum frameworks and the adoption of instructional materials only after public notice, comment by the public, and review by the Office of Administrative Law and for these policies and procedures to be published in the California Code of Regulations. Therefore, the Legislature reaffirms that the policies and procedures concerning the development of curriculum frameworks and the adoption of instructional materials shall be adopted pursuant to Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
These policies and procedures include, but are not limited to, the following:
(1) Board policies that define statutory terms.
(2) Board policies that prescribe the membership of committees used in the development and adoption process.
(3) Procedures that regulate public participation in the development of curriculum frameworks and the adoption of instructional materials.
(b) The board shall adopt as regulations the policies and procedures concerning the development of curriculum frameworks and the adoption of instructional materials.
(c) (1) The following shall not be subject to Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code:
(A) The content of curriculum frameworks.
(B) Evaluation criteria and worksheets developed to supplement curriculum frameworks.
(2) The board shall adopt the content of curriculum frameworks and evaluation criteria and worksheets developed to supplement curriculum frameworks in accordance with the regulations established pursuant to subdivision (b) of this section.
ARTICLE 2. DEFINITIONS
60010. Definitions
For purposes of this part, the following terms have the following meanings unless the context in which they appear clearly requires otherwise:
(a) "Basic instructional materials" means instructional materials that are designed for use by pupils as a principal learning resource and that meet in organization and content the basic requirements of the intended course.
(b) "Commission" means the Instructional Quality Commission.
(c) "Curriculum framework" means an outline of the components of a given course of study designed to provide state direction to school districts in the provision of instructional programs.
(d) "District board" means the board of education or governing board of a county, city and county, city, or other district that has the duty to provide for the education of the children in its county, city and county, city, or district.
(e) "Elementary school" means all public schools in which instruction is given through grade 8 or in any one or more of those grades.
(f) "Governing boards" means the state board and any one or more district boards.
(g) "High school" means all public schools other than elementary schools in which instruction is given through grade 12, or in any one or more of those grades.
(h) "Instructional materials" means all materials that are designed for use by pupils and their teachers as a learning resource and help pupils to acquire facts, skills, or opinions or to develop cognitive processes. Instructional materials may be printed or nonprinted, and may include textbooks, technology-based materials, other educational materials, and tests.
(i) "Nonpublic school" means a school that both satisfies the requirements of Section 48222, and is exempt from taxation under Section 214 of the Revenue and Taxation Code.
(j) "School official" means a member of a governing board, a city, county, city and county, or district superintendent of schools, and a principal, teacher, or other employee under his or her charge.
(k) "State board" means the State Board of Education.
(l) "Supplementary instructional materials" means instructional materials designed to serve, but not be limited to, one or more of the following purposes, for a given subject, at a given grade level:
(1) To provide more complete coverage of a subject or subjects included in a given course.
(2) To provide for meeting the various learning ability levels of pupils in a given age group or grade level.
(3) To provide for meeting the diverse educational needs of pupils with a language disability in a given age group or grade level.
(4) To provide for meeting the diverse educational needs of pupils reflective of a condition of cultural pluralism.
(5) To use current, relevant technology that further engages interactive learning in the classroom and beyond.
(m) (1) "Technology-based materials" means basic or supplemental instructional materials that are designed for use by pupils and teachers as learning resources and that require the availability of electronic equipment in order to be used as a learning resource. Technology-based materials include, but are not limited to, software programs, video disks, compact disks, optical disks, video and audiotapes, lesson plans, and databases.
(2) Technology-based materials do not include the electronic equipment required to make use of those materials, unless that equipment is to be used by pupils and teachers as a learning resource. However, this shall not be construed to authorize a school district to replace computers or related equipment in an existing computer lab or allow a school district to establish a new computer lab.
(3) This subdivision does not relieve a school district of the obligation to provide pupils with sufficient textbooks or instructional materials pursuant to paragraph (1) of subdivision (c) of Section 60119. If a county office of education determines that a school district is out of compliance with paragraph (1) of subdivision (c) of Section 60119, that school district is not authorized to procure electronic equipment pursuant to paragraph (2) of this subdivision.
(n) "Test" means a device used to measure the knowledge or achievement of pupils.
ARTICLE 3. REQUIREMENTS, MATERIALS
60040. Portrayal of cultural and racial diversity
When adopting instructional materials for use in the schools, governing boards shall include only instructional materials which, in their determination, accurately portray the cultural and racial diversity of our society, including:
(a) The contributions of both men and women in all types of roles, including professional, vocational, and executive roles.
(b) The role and contributions of Native Americans, African Americans, Mexican Americans, Asian Americans, Pacific Islanders, European Americans, lesbian, gay, bisexual, and transgender Americans, persons with disabilities, and members of other ethnic and cultural groups to the total development of California and the United States.
(c) The role and contributions of the entrepreneur and labor in the total development of California and the United States.
60041. Education principles for the environment; ecological system; use of tobacco, alcohol, drugs, and other dangerous substances
When adopting instructional materials for use in the schools, governing boards shall include only instructional materials that accurately portray both of the following, whenever appropriate:
(a) Humanity's place in ecological systems and the necessity for the protection of our environment.
(b) The effects on the human system of the use of tobacco, alcohol, and narcotics and restricted dangerous drugs, as defined in Section 11032 of the Health and Safety Code, and other dangerous substances.
60042. Thrift, fire prevention and humane treatment of animals and people
When adopting instructional materials for use in the schools, governing boards shall require such materials as they deem necessary and proper to encourage thrift, fire prevention and the humane treatment of animals and people.
60043. Declaration of Independence and Constitution of the United States
When adopting instructional materials for use in the schools, the governing board shall require, when appropriate to the comprehension of pupils, that textbooks for social science, history or civics classes contain the Declaration of Independence and the Constitution of the United States.
60044. Prohibited instructional materials
A governing board shall not adopt any instructional materials for use in the schools that, in its determination, contain:
(a) Any matter reflecting adversely upon persons on the basis of race or ethnicity, gender, religion, disability, nationality, sexual orientation, occupation, or because of a characteristic listed in Section 220.
(b) Any sectarian or denominational doctrine or propaganda contrary to law.
60045. Accuracy, objectivity, suitability, proper grammar and spelling
(a) All instructional materials adopted by any governing board for use in the schools shall be, to the satisfaction of the governing board, accurate, objective, and current and suited to the needs and comprehension of pupils at their respective grade levels.
(b) With the exception of literature and tradebooks, all instructional materials adopted by any governing board for use in schools shall use proper grammar and spelling. The state board may adopt regulations that provide for other allowable exceptions to this subdivision for educational purposes, as determined by the state board.
60046. Investigation of compliance
Any governing board may conduct an investigation of the compliance of any instructional materials which it adopts with the requirements of this article.
60047. Limited use of instructional materials found in violation
In the event that after the good faith acquisition of instructional materials by a governing board, the instructional materials are found to be in violation of this article and the governing board is unable to acquire other instructional materials which meet the requirements of this article in time for them to be used when the acquired materials were planned to be used, the governing board may use the acquired materials but only for that academic year.
60048. Commercial brand names, products, or logos
(a) Basic instructional materials, and other instructional materials required to be legally and socially compliant pursuant to Sections 60040 to 60047, inclusive, including illustrations, that provide any exposure to a commercial brand name, product, or corporate or company logo in a manner that is inconsistent with guidelines or frameworks adopted by the State Board of Education may not be adopted by a school district governing board.
(b) The governing board of a school district may not adopt basic instructional materials, and other instructional materials required to be legally and socially compliant pursuant to Sections 60040 to 60047, inclusive, including illustrations, that contain a commercial brand name, product, or corporate or company logo unless the governing board makes a specific finding pursuant to the criteria set forth in paragraph (5) of subdivision (c) of Section 60200 that the use of the commercial brand name, product, or corporate or company logo in the instructional materials is appropriate.
(c) Nothing in this section shall be construed to prohibit the publisher of instructional materials to include 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.
(d) The state board may adopt regulations that provide for other allowable exceptions to this section, as determined by the state board.
(e) The Superintendent of Public Instruction shall develop, and the State Board of Education shall adopt, guidelines to implement this section.
60049. Time to provide instructional materials; 2008-09 to 2014-15 fiscal years; continuing obligations
(a) Notwithstanding subdivision (i) of Section 60200, Section 60422, or any other provision of law, for the 2008-09 to the 2014-15 fiscal years, inclusive, the governing board of a school district is not required to provide pupils with instructional materials by a specified period of time following adoption of those materials by the state board.
(b) Notwithstanding subdivision (a), this section does not relieve school districts of their obligations to provide every pupil with textbooks or instructional materials, as provided in Section 1240.3.
(c) This section does not relieve school districts of the obligation to hold a public hearing or hearings pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (a) of Section 60119.
(d) This section shall become inoperative on July 1, 2015, and, as of January 1, 2016, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2016, deletes or extends the dates on which it becomes inoperative and is repealed.
60050. Social content reviews; regulations; fees; budget review
(a) The state board shall adopt regulations to govern the social content reviews conducted at the request of a publisher or manufacturer of instructional materials outside the primary instructional material adoption process. A social content review is intended to determine compliance with Sections 60040, 60041, 60042, 60043, 60044, 60048, 60200.5, and 60200.6, and the guidelines for social content adopted by the state board.
(b) (1) For purposes of this section, social content reviews of instructional materials shall be conducted by the department or its agents for all instructional materials, as defined in subdivision (h) of Section 60010.
(2) The department may contract with agents to conduct social content reviews pursuant to this section.
(c) The department shall assess a fee on a publisher or manufacturer in an amount that does not exceed the reasonable costs to the department to conduct a social content review pursuant to this section. The publishers and manufacturers shall be provided notice of the establishment of the fee.
(d) Revenue derived from fees charged pursuant to subdivision (c) shall be budgeted as reimbursements and subject to review through the annual budget process and may be used to pay costs associated with the social content review of instructional materials.
(e) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
60052. Relevant technology-based materials
When adopting instructional materials for use in schools, the governing board of a school district may include relevant technology-based materials, as defined in subdivision (m) of Section 60010, if the materials are both available and comparable to other, equivalent instructional materials, as defined in subdivision (h) of Section 60010.
ARTICLE 4. REQUIREMENTS, PUBLISHERS AND MANUFACTURERS
60060. Compliance by publisher or manufacturer
Every publisher or manufacturer of instructional materials offered for adoption or sale in California shall comply with all the requirements and provisions of this part.
60061. Publisher’s and manufacturer’s duties
(a) A publisher or manufacturer shall do all of the following:
(1) Furnish the instructional materials offered by the publisher at a price in this state that, including all costs of transportation to that place, does not exceed the lowest price at which the publisher offers those instructional materials for adoption or sale to any state or school district in the United States.
(2) Automatically reduce the price of those instructional materials to any governing board to the extent that reductions are made elsewhere in the United States.
(3) Provide any instructional materials free of charge in this state to the same extent as that received by any state or school district in the United States.
(4) Guarantee that all copies of any instructional materials sold in this state are at least equal in quality to the copies of those instructional materials that are sold elsewhere in the United States, and are kept revised, free from all errors, and up to date as may be required by the state board.
(5) Not in any way, directly or indirectly, become associated or connected with any combination in restraint of trade in instructional materials, or enter into any understanding, agreement, or combination to control prices or restrict competition in the sale of instructional materials for use in this state.
(6) Maintain a representative, office, or depository in the State of California or arrange with an independently owned and operated depository in the State of California to receive and fill orders for instructional materials.
(7) Provide to the state, at no cost, computer files or other electronic versions of each state-adopted literary title and the right to transcribe, reproduce, modify, and distribute the material in braille, large print if the publisher does not offer a large print edition, recordings, American Sign Language videos for the deaf, or other specialized accessible media exclusively for use by pupils with visual disabilities or other disabilities that prevent use of standard instructional materials. Computer files or other electronic versions of materials adopted shall be provided within 30 days of request by the state as needed for the purposes described in this subdivision as follows:
(A) Computer files or other electronic versions of literary titles shall maintain the structural integrity of the standard instructional materials, be compatible with commonly used Braille translation and speech synthesis software, and include corrections and revisions as may be necessary.
(B) Computer files or other electronic versions of nonliterary titles, including science and mathematics, shall be provided when technology is available to convert those materials to a format that maintains the structural integrity of the standard instructional materials and is compatible with braille translation and speech synthesis software.
(b) Upon the willful failure of the publisher or manufacturer to comply with the requirements of this section, the publisher or manufacturer shall be liable to the governing board in the amount of three times the total sum that the publisher or manufacturer was paid in excess of the price required under paragraphs (1), (2), and (5) of subdivision (a), and in the amount of three times the total value of the instructional materials and services that the governing board is entitled to receive free of charge under subdivision (a).
60061.5. Evaluation by educators, parents, teachers and students of textbooks and instructional materials; guarantee of delivery
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 students.
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) 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.
60061.8. Compliance requirements for basic instructional materials
(a) Basic instructional materials, as defined by Section 60010, offered on or after January 1, 2005, shall comply with all of the following:
(1) Print materials shall have sharp, clear, high contrast, and highly legible fonts. Print materials designed for kindergarten shall use fonts that are at least 20 point. Print materials designed for grade 1 shall use fonts that are at least 18 point. Print materials designed for grade 2 shall use fonts that are at least 16 point.
(2) Video products designed for pupils in kindergarten and grades 1 to 12, inclusive, shall be closed-captioned, as defined by the Federal Communications Commission, except for the following:
(A) Video products or portions of video products, if any, for which the publisher does not have the rights to close-caption.
(B) Video products or portions of video products that are open-captioned, meaning that all viewers see the captioned information.
(3) (A) Internet resources and digital multimedia programs intended for use by the general population of pupils, for pupils in kindergarten and grades 1 to 12, inclusive, shall at least meet the standards for accessibility, as set forth in Section 508 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. Sec. 794d), and regulations implementing that act as set forth in Part 1194 of Title 36 of the Code of Federal Regulations, unless meeting those standards would do any of the following:
(i) Fundamentally alter the nature of the instructional activity.
(ii) Result in those resources or programs placing an undue financial and administrative burden on the state agencies, school districts, or schools that would likely access or utilize the resources or programs, as determined by the affected agencies in collaboration with the publishers.
(iii) Cause those resources or programs to fail to meet standards otherwise required by statute or regulation.
(B) In order to facilitate access by pupils with disabilities who are progressing in the general curriculum, to the extent technologically feasible, a digital multimedia program shall allow the user to control sizing of images and fonts, speed and volume of audio, colors or contrast, or both colors and contrast, and other inherently transformable attributes, but not for modification of content, to match individual performance and abilities. If a publisher is not able to create a multimedia program that satisfies the requirements of this subparagraph, the publisher shall provide the State Department of Education, upon request, with computer files or other electronic versions of textual content of basic instructional materials compatible with braille transcription, meeting department specifications at no additional cost, and as a condition of sale.
(b) This section does not apply to basic instructional materials adopted, prior to January 1, 2005, by the state board pursuant to Section 60200, to the extent those instructional materials do not already comply with this section. A publisher of basic instructional materials adopted before January 1, 2005, may voluntarily modify those materials as may be necessary to comply with this section.
60062. School libraries
The provisions of section 60061 shall apply to the purchase of instructional materials under sections 18132 and 18171.
ARTICLE 5. PROHIBITED ACTS
60070. Requiring pupils to purchase instructional materials; prohibitions and exceptions
No school official shall require any pupil, except pupils in classes for adults to purchase any instructional material for the pupils' use in the school.
60071. Prohibited offers to influence adoption or purchase of instructional materials
No publisher or manufacturer of instructional materials, nor any of his representatives, shall offer or give any emolument, money, or other valuable thing, or any inducement, to any school official to directly or indirectly introduce, recommend, vote for, or otherwise influence the adoption or purchase of any instructional material.
60072. School officials; acceptance of consideration or inducements; prohibition
No school official shall accept any emolument, money or other valuable thing, or any inducement to directly or indirectly introduce, recommend, vote for, or otherwise influence the adoption or purchase of any instructional material.
60073. Penalty for violators; misdemeanor and removal from official position
Any publisher or manufacturer of instructional materials or his representative, or any school official who violates any of the provisions of this article is guilty of a misdemeanor. Any school official who violates any of the provisions of this article shall, in addition to any other penalty, be removed from his official position.
60074. Supplying of sample copies
Nothing in this article shall be construed to prevent any publisher, manufacturer, or agent from supplying for purposes of examination necessary sample copies of instructional materials to any school official.
60075. Receiving sample copies
Nothing in this article shall be construed to prevent a school official from receiving sample copies of instructional materials.
60076. Royalties or other compensation
Nothing contained in this article shall be construed to prohibit or restrict a school official from receiving royalties or other compensation from the publisher or manufacturer of instructional materials written, designed, or prepared by such school official, and adopted or purchased by any governing board, other than compensation paid as commission to the school official for negotiating sales to governing boards. No district shall have or claim the right to receive any such royalty or other compensation due to any school official employed by the district unless the instructional material was written or prepared during the normal school day during which the school official is required by the district to be on duty.
60090. Reports concerning instructional materials
Each district board shall make reports, whenever required, directly to the Superintendent of Public Instruction, concerning the instructional materials used in its schools.
ARTICLE 6. INSTRUCTIONAL MATERIALS ON ALCOHOL AND DRUG EDUCATION
60110. Legislative Intent
It is the intent of the Legislature that the State Board of Education gives high priority to the adoption of instructional materials on alcohol, drug, and traffic safety education for classroom use by teachers and pupils. The materials shall be designed to assist the teacher in presenting instruction on alcohol, drug, and traffic safety education and to meet the needs of pupils at their respective grade levels. The materials shall be accurate, objective, and current.
60111. Information center for alcohol, drug, and traffic safety education materials
The Department of Education shall establish an information center of current alcohol, drug, and traffic safety education materials that may be used by school districts and teachers for instruction on alcohol, drug, and traffic safety education. The information center shall include, but not be limited to, all the following: current state and federal alcohol and drug laws, including those related to traffic safety; samples of effective courses of study, curriculum guides, teaching materials, and reference materials; and reports of current and school district policies related to alcohol, drug, and traffic safety education.
60115. Driver education instruction materials available; instructional funds
(a) The State Department of Education shall assemble, coordinate, and make available to the public schools and to private driving schools in this state, upon request, for their use in driver education programs, any relevant programs, materials, and information prepared or compiled by the Governor's Intergovernmental Advisory Committee on Alcohol, Drugs, and Traffic Safety.
(b) The Superintendent of Public Instruction shall allow to each school district maintaining a high school, county superintendents of schools, and the Department of the Youth Authority an amount not to exceed one dollar ($1) per pupil instructed in driver education during the preceding fiscal year. At least 50 percent of the funds received pursuant to this subdivision shall be used for the purchase of related instructional materials or for related in-service training for teachers, or both. Funds to implement this subdivision shall be provided when appropriated by the Legislature from the Driver Training Penalty Assessment Fund.
ARTICLE 7. PUPIL TEXTBOOK AND INSTRUCTIONAL MATERIALS INCENTIVE PROGRAM
60117. This article shall be known and may be cited as the Pupil Textbook and Instructional Materials Incentive Program Act.
60118. County offices of education; program funds; eligibility; allocations
County offices of education may, at their option, be eligible to receive funds pursuant to this article. Allocations to county offices of education shall be based upon prior year average daily attendance in county operated educational programs and at the average amount allocated to school districts per unit of average daily attendance. For the purposes of this article, the terms "governing board of a school district" and "governing board" are deemed to include county boards of education.
60119. Hearings; steps to ensure availability of textbooks and instructional materials
(a) In order to be eligible to receive funds available for purposes of this article, the governing board of a school district shall take the following actions:
(1) (A) The governing board of a school district 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 school district has sufficient textbooks or instructional materials, or both, that are aligned to the content standards adopted pursuant to Section 60605 or 60605.8 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 of a school district 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 of a school district 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 of a school district 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 of a school district may use moneys 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 of a school district 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 school 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 school district and has the ability to use and access them at home.
(2) Sufficient textbooks or instructional materials as defined in paragraph (1) do 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.
(e) For the purpose of transitioning to instructional materials that are aligned with the common core academic content standards, it is the intent of the Legislature that textbooks, instructional materials, and supplemental instructional materials be deemed to be aligned with the content standards pursuant to subdivisions (a) and (c), and be deemed consistent with the content and cycles of the curriculum framework adopted by the state board pursuant to subdivision (a) if the textbooks, instructional materials, supplemental instructional materials, or a combination of any such materials are aligned to the content standards adopted pursuant to Section 60605 or 60605.8.
CHAPTER 2. ELEMENTARY SCHOOL MATERIALS
ARTICLE 1. SELECTION AND ADOPTION
60200. Adoption of list of basic instructional materials; submission procedures; criteria
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) 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.
60200.2. Commercial brand names, products, or logos; authorized use in instructional materials
(a) In addition to the findings authorized under subparagraphs (A) and (B) of paragraph (5) of subdivision (c) of section 60200, if the state board finds that the use of a commercial brand name, product, or corporate or company logo in an instructional material is authorized under a contract entered into under paragraph (3) of subdivision (a) of section 35182.5 as added by Assembly Bill 117 of the 1999-2000 Regular Session, the state board may allow the use of that instructional material.
(b) This section shall become operative only if section 35182.5 as proposed by Assembly Bill 117 of the 1999-2000 Regular Session is enacted and takes effect.
60200.4. Instructional materials; fundamental skills; adopted curriculum frameworks
(a) The State Board of Education shall ensure that the basic instructional materials that it adopts for mathematics and reading in grades 1 to 8, inclusive, are based on the fundamental skills required by these subjects, including, but not limited to, systematic, explicit phonics, spelling, and basic computational skills.
(b) It is the intent of the Legislature that the fundamental skills of all subject areas, including systematic, explicit phonics, spelling, and basic computational skills, be included in the adopted curriculum frameworks and that these skills and related tasks increase in depth and complexity from year to year. It is the intent of the Legislature that the instructional materials adopted by the State Board of Education meet the provisions of this section.
60200.5. Instructional materials; objectives
Instructional materials adopted under this chapter shall, where appropriate, be designed to impress upon the minds of the pupils the principles of morality, truth, justice, patriotism, and a true comprehension of the rights, duties, and dignity of American citizenship, and to instruct them in manners and morals and the principles of a free government. The State Board of Education shall endeavor to see that this objective is accomplished in the evaluation of instructional materials for educational content in appropriate subject areas.
60200.6. Instructional materials; Dr. Martin Luther King, Jr.; civil rights movement
Instructional materials adopted pursuant to this chapter for the category of social science as specified in paragraph (5) of subdivision (a) of section 60200 shall include information designed to instruct pupils on Dr. Martin Luther King, Jr., the civil rights movement, and contributions made by ethnic minority groups to the history of United States. The state board shall ensure that the materials present the information in a manner consistent with the instruction provided in each grade level. The state board shall endeavor to see that this objective is accomplished in the evaluation of instructional materials for educational content.
60200.7. Basic instructional materials; implementation delayed until 2015-16 school year
Notwithstanding Sections 60200 and 60200.1, the state board shall not adopt instructional materials or follow the procedures adopted pursuant to Sections 60200 and 60200.1 until the 2015-16 school year.
60201. Biennial list of instructional materials; powers
In approving and maintaining lists of adopted instructional materials, the state board shall, pursuant to subdivision (e) of section 60200, do any one or more of the following, when applicable:
(a) Retain any instructional materials from a previous list and biennially make any adjustment in prices based on information provided pursuant to section 60223.
(b) Delete from the lists any instructional material which it determines is obsolete pursuant to section 60500, or which received no order from any district board during the previous two years.
(c) Add instructional materials not previously submitted for adoption, or materials previously submitted which have been revised to comply with any recommendations of the state board.
60202. Public inspection of textbooks
Before final adoption of any instructional materials not currently listed, the state board shall make any instructional materials proposed for adoption available for public inspection for not less than 30 days at display centers designated by the Superintendent of Public Instruction. There shall be an adequate distribution of display centers throughout the state.
60203. Public hearings
(a) The state board shall hold a public hearing before adopting instructional materials for use in the elementary schools of the state.
(b) Upon review of the commission's recommendations for instructional materials, the Superintendent may make alternative recommendations for instructional materials and the state board shall consider the Superintendent's recommendations before making its decision to adopt instructional materials.
(c) The state board shall consider comments from other advisory bodies and the public before making its decision to adopt instructional materials.
60204. Commission’s duties
The Instructional Quality Commission established pursuant to Section 33530 shall do all of the following:
(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 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 person requesting that information.
(1) The criteria for English language arts instructional materials shall include directions to publishers to align both lessons and teacher's editions, as appropriate, with English language development standards and incorporate strategies to address, at every grade level, the needs of all English learners. The criteria for other subject areas shall include directions to publishers to incorporate strategies for English learners that are consistent with the English language development standards.
(2) The criteria also shall include directions to publishers to incorporate instructional strategies to address the needs of pupils with disabilities in both lessons and teacher's editions, as appropriate, at every grade level and subject.
(c) Study and evaluate instructional materials submitted for adoption.
(d) Recommend instructional materials for adoption to the state board.
(e) 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.
(f) Advise and make recommendations to the state board, including, but not limited to, what policies and activities are needed to implement the state's academic content standards, and bring the state's curriculum frameworks, instructional materials, professional development programs, pupil assessments, and academic accountability systems into alignment with those standards.
60206. Regulations
The state board may adopt appropriate regulations to implement this chapter. These regulations may include a procedure to review district invoices for instructional materials purchases made pursuant to subdivision (b) of section 60242.
60207. Revised curriculum frameworks and evaluation criteria; requirements
(a) Notwithstanding Section 60200.7, the state board shall adopt both of the following:
(1) Revised curriculum frameworks and evaluation criteria that are aligned to the content standards adopted pursuant to Section 60605.8 for English language arts no later than May 30, 2014.
(2) Revised curriculum frameworks that are aligned to the content standards adopted pursuant to Section 60605.8 for mathematics no later than November 30, 2013.
(b) Notwithstanding Section 60200.7, the state board may adopt instructional materials for kindergarten and grades 1 to 8, inclusive, that are aligned to the content standards adopted pursuant to Section 60605.8 for mathematics no later than March 30, 2014.
(1) For purposes of adopting instructional materials for mathematics pursuant to this subdivision, the state board may adopt evaluation criteria for mathematics no later than March 31, 2013. The criteria may allow for the adoption of materials that have been reviewed and adopted by another state that has adopted the common core academic content standards.
(2) Instructional materials adopted pursuant to this subdivision shall remain adopted until the next statewide adoption of instructional materials for mathematics.
(c) State board policies shall ensure that the English language arts curriculum frameworks for kindergarten and grades 1 to 12, inclusive, and instructional materials for kindergarten and grades 1 to 8, inclusive, include the English language development standards as adopted by the state board in 1997 and revised thereafter, and English language development strategies in the core subjects of mathematics, science, and history-social science.
(d) State board policies shall ensure that curriculum frameworks for kindergarten and grades 1 to 12, inclusive, and instructional materials for kindergarten and grades 1 to 8, inclusive, include strategies to address the needs of pupils with disabilities in the four core subjects of mathematics, science, history-social science, and English language arts.
(e) Each curriculum framework that the state board adopts shall describe, to the extent the state board deems appropriate, the manner in which content can be delivered to intentionally build all of the following skills into and across each content area:
(1) Creativity and innovation, including, but not limited to, thinking creatively, working creatively with others, and implementing innovations.
(2) Critical thinking and problem solving, including, but not limited to, reasoning effectively, using systems thinking, making judgments and decisions, and solving problems.
(3) Collaboration, including, but not limited to, working effectively in diverse teams, adapting to change and being flexible, demonstrating initiative and self-direction, working independently, demonstrating productivity and accountability, and demonstrating leadership and responsibility.
(4) Communication, including, but not limited to, communicating clearly and effectively through reading, writing, and speaking.
(5) Construction and exploration of new understandings of knowledge through the integration of content from one subject area to another to provide pupils with multiple modes for demonstrating innovative learning.
60209. For purposes of conducting an adoption of basic instructional materials for mathematics pursuant to Section 60207, all of the following shall apply:
(a) The department shall provide notice, pursuant to subdivision (b), to all publishers or manufacturers known to produce basic instructional materials in that subject, post an appropriate notice on the Internet Web site of the department, and take other reasonable measures to ensure that appropriate notice is widely circulated to potentially interested publishers and manufacturers.
(b) The notice shall specify that each publisher or manufacturer choosing to participate in the 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.
(c) The fee assessed pursuant to subdivision (d) shall be in an amount that does not exceed the reasonable costs to the department in conducting the adoption process. The department shall take reasonable steps to limit costs of the adoption and to keep the fee modest.
(d) The department, before incurring substantial costs for the adoption, shall require that a publisher or manufacturer that wishes to participate in the adoption first declare the intent to submit one or more specific programs for adoption and specify the specific grade levels to be covered by each program.
(1) 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 that 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.
(2) A submission by a publisher or manufacturer shall not be reviewed for purposes of adoption until the fee assessed has been paid in full.
(e) (1) Upon the request of a small publisher or small manufacturer, the state board may reduce the fee for participation in the adoption.
(2) For purposes of this section, "small publisher" and "small manufacturer" mean an independently owned or operated publisher or manufacturer that is not dominant in its field of operation and that, 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.
(f) If the department determines that there is little or no interest in participating in an adoption by publishers and manufacturers, the department shall recommend to the state board whether or not the adoption shall be conducted, and the state board may choose not to conduct the adoption.
(g) Revenue derived from fees assessed pursuant to subdivision (d) shall be budgeted as reimbursements and subject to review through the annual budget process, and may be used to pay for costs associated with any adoption and for any costs associated with the review of instructional materials, including reimbursement of substitute costs for teacher reviewers and may be used to cover stipends for content review experts.
60210. (a) Notwithstanding any other law, a local educational agency may use instructional materials that are aligned with the academic content standards adopted pursuant to Section 60605 or 60605.8, including instructional materials that have not been adopted by the state board pursuant to Section 60200.
(b) Instructional materials for mathematics that are aligned to common core academic content standards developed by the Common Core State Standards Initiative consortium pursuant to Section 60605.7 shall be deemed to be aligned to the content standards adopted pursuant to Section 60605 or 60605.8 for purposes of Section 60119.
(c) If a local educational agency chooses to use instructional materials that have not been adopted by the state board, the local educational agency shall ensure that a majority of the participants of any review process conducted by the local educational agency are classroom teachers who are assigned to the subject area or grade level of the materials.
ARTICLE 2. DUTIES OF PUBLISHERS AND MANUFACTURERS
60220. Compliance with provisions
All publishers and manufacturers submitting instructional materials for adoption by the state board shall comply with the provisions of Article 1 (commencing with section 60000) to Article 7 (commencing with section 60100), inclusive, of this part.
60221. Sample Copies
Publishers and manufacturers submitting instructional materials for adoption shall provide sample copies of such materials in quantities to be determined by the state board.
60222. Submission of specifications
Publishers and manufacturers, at a time designated by the state board, shall submit detailed specifications of the physical characteristics of that material. The publisher or manufacturer shall comply with those specifications if the material is adopted and purchased in completed form by the state board or any district board. Changes in specifications may be made when approved by the state board and the publisher or manufacturer.
60223. Revisions to price schedules
Publishers and manufacturers may biennially submit revisions to price schedules submitted pursuant to subdivision (a) of section 60201.
60225. In-service training or professional development
As agreed upon by publishers and school districts, publishers may provide in-service training or professional development in the use of the instructional materials provided by them.
60226. Improvement of quality and reliability
Publishers and manufacturers shall, in accordance with rules and regulations adopted by the state board, develop plans to improve the quality and reliability of instructional materials through learner verification. District boards shall be encouraged to permit publishers and manufacturers to have limited access to classrooms for necessary testing and observation. Publishers and manufacturers shall provide copies of test results and evaluations made as part of learner verification at the request of any governing board.
ARTICLE 3 – STATE INSTRUCTIONAL MATERIALS FUND
60240. Continued existence of fund; continuous appropriation; administration; encumbrance of fund
(a) The State Instructional Materials Fund is hereby continued in existence in the State Treasury. The fund shall be a means of annually funding the acquisition of instructional materials as required by the Constitution of the State of California. Notwithstanding Section 13340 of the Government Code, all money in the fund is continuously appropriated to the State Department of Education without regard to fiscal years for carrying out the purposes of this part. It is the intent of the Legislature that the fund shall provide for flexibility of instructional materials, including classroom library materials.
(b) The State Department of Education shall administer the fund under policies established by the state board.
(c) (1) The state board shall encumber part of the fund to pay for accessible instructional materials pursuant to Sections 60312 and 60313 to accommodate pupils who are visually impaired or have other disabilities and are unable to access the general curriculum.
(2) The state board may encumber funds, in an amount not to exceed two hundred thousand dollars ($200,000), for replacement of instructional materials, obtained by a school district with its allowance that are lost or destroyed by reason of fire, theft, natural disaster, or vandalism.
(3) The state board may encumber funds for the costs of warehousing and transporting instructional materials it has acquired.
(d) The department may expend up to five million dollars ($5,000,000) from the fund to acquire instructional materials for school districts pursuant to subdivision (i) of Section 1240. The fund shall be replenished by amounts repaid by school districts or deducted from apportionments to school districts by the Controller pursuant to subdivision (i) of Section 1240.
60242. Encumbrance of funds; purposes
(a) The state board shall encumber the fund for the purpose of establishing an allowance for each school district, which may reflect increases or decreases in enrollment, that the district may use for the following purposes:
(1) To purchase instructional materials adopted by the state board pursuant to Section 60200 for kindergarten and grades 1 to 8, inclusive, or by the governing board pursuant to Section 60400 for grades 9 to 12, inclusive. A school district may purchase with funds received pursuant to Chapter 3.25 (commencing with Section 60420) instructional materials for the visual and performing arts, foreign language, health, or any other curricular area if those materials are adopted by the state board pursuant to Section 60200 for kindergarten and grades 1 to 8, inclusive, or by the governing board pursuant to Section 60400 for grades 9 to 12, inclusive, and if the school district certifies that it has provided each pupil with a standards-aligned textbook or basic instructional materials in reading/language arts, mathematics, history/social science, and science.
(2) To purchase, at the district's discretion, instructional materials, including, but not limited to, supplementary instructional materials and technology-based materials, from any source.
(3) To purchase tests.
(4) To bind basic textbooks that are otherwise usable and are on the most recent list of basic instructional materials adopted by the state board and made available pursuant to Section 60200.
(5) To fund in-service training related to instructional materials.
(6) To purchase classroom library materials for kindergarten and grades 1 to 4, inclusive.
(b) The state board shall specify the percentage of a district's allowance that is authorized to be used for each of the purposes identified in subdivision (a).
(c) Allowances established for school districts pursuant to this section shall be apportioned in September of each fiscal year.
(d) (1) A school district that purchases classroom library materials, shall, as a condition of receiving funding pursuant to this article, develop a districtwide classroom library plan for kindergarten and grades 1 to 4, inclusive, and shall receive certification of the plan from the governing board of the school district. A school district shall include in the plan a means of preventing loss, damage, or destruction of the materials.
(2) In developing the plan required by paragraph (1), a school district is encouraged to consult with school library media teachers and follow-up grade teachers and to consider selections included in the list of recommended books established pursuant to Section 19336. If a school library media teacher is not employed by the school district, the district is encouraged to consult with a school library media teacher employed by the local county office of education in developing the plan. A charter school may apply for funding on its own behalf or through its chartering entity. Notwithstanding Section 47610, a charter school applying on its own behalf is required to develop and certify approval of a classroom library plan.
(3) To the extent that a school district, county office of education, or charter school already has a plan meeting the criteria specified in paragraphs (1) and (2), no new plan is required to establish eligibility.
60242.5. Deposit and use of allowances; confirmation of purchases to law, rules, and regulations
Allowances received by districts pursuant to subdivisions (a) and (b) of Section 60242 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, classroom library materials, or in-service training pursuant to subdivisions (a) and (b) of Section 60242. 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.
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 conformance to the Superintendent of Public Instruction. The Superintendent of Public Instruction may withhold the allowance established pursuant to Section 60242 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.
The Controller, in cooperation with the State Department of Education, shall include procedures to review compliance with this section in its independent audit instructions.
60245. Fiscal yearend unexpended balance
The fiscal yearend unexpended balance of any cash allotment of any district board shall be separately encumbered for the district board and shall be separately carried over into the subsequent fiscal year for their respective uses by the district board.
60246.5. Annual apportionment
(a) The Controller shall, during each fiscal year, commencing with the 2002-03 fiscal year, transfer from the General Fund to the State Instructional Materials Fund for instructional materials for kindergarten and grades 1 to 8, inclusive, the amount to be allocated pursuant to Section 60421.
(b) The amount transferred pursuant to subdivision (a) includes the designated percentage of the cash entitlements to be used to pay for unadopted state materials, tests, classroom library materials, and in-service training.
60247.5. Annual apportionment
The Controller shall, during each fiscal year, commencing with the 2002-03 fiscal year, transfer from the General Fund to the State Instructional Materials Fund for instructional materials for grades 9 to 12, inclusive, the amount to be allocated pursuant to Section 60421.
60248. Restrictions on use of funds
The governing board of a school district shall use the funds apportioned pursuant to Sections 60247 and 60247.5 solely for the purchase of instructional materials for pupils in grades 9 to 12, inclusive. Textbooks purchased with these funds shall be adopted in accordance with Section 60400.
60251. Funds recovered from publishers as a result of proceedings; allocation
The Superintendent of Public Instruction may allocate to school districts, funds that were recovered from publishers and deposited into the Instructional Materials Fund as result of proceedings against the publishers.
60251.5. Appropriations increases; transfer of percentage of increase to Pupil Textbook and Instructional Materials Incentive Account
For any fiscal year in which the amount of the moneys appropriated to the State Instructional Materials Fund exceeds the sum of the amount that was appropriated to that fund in the prior fiscal year plus any amounts appropriated in the current fiscal year for instructional materials pursuant to section 42238.15, an amount that is not less than 50 percent of the difference shall be transferred to the Pupil Textbook and Instructional Materials Incentive Account that exists in the State Instructional Materials Fund.
60252. Pupil Textbook and Instructional Materials Incentive Account
(a) The Pupil Textbook and Instructional Materials Incentive Account is hereby created in the State Instructional Materials Fund, to be used for the Pupil Textbook and Instructional Materials Incentive Program set forth in Article 7 (commencing with Section 60117) of Chapter 1. All money in the account shall be allocated by the Superintendent of Public Instruction to school districts maintaining any kindergarten or any of grades 1 to 12, inclusive, that satisfy each of the following criteria:
(1) A school district shall provide assurance to the Superintendent of Public Instruction that the district has complied with Section 60119.
(2) A school district shall ensure that the money will be used to carry out its compliance with Section 60119 and shall supplement any state and local money that is expended on textbooks or instructional materials, or both.
(3) A school district shall ensure that textbooks and instructional materials are ordered, to the extent practicable, before the school year begins.
(b) The superintendent shall ensure that each school district has an opportunity for funding per pupil based upon the district's prior year base revenue limit in relation to the prior year statewide average base revenue limit for similar types and sizes of districts. Districts below the statewide average shall receive a greater percentage of state funds, and districts above the statewide average shall receive a smaller percentage of state funds, in an amount equal to the percentage that the district's base revenue limit varies from the statewide average. Any district with a base revenue limit that equals or exceeds 200 percent of the statewide average shall not be eligible for state funding under this section.
ARTICLE 6. OTHER USES (Note Articles 4 & 5 have been repealed)
60310. Individuals or organizations who may order from lists
The following individuals or organizations may order instructional materials from lists adopted by the state board:
(a) The head of any state institution offering instruction in the elementary grades, or giving instruction in the teaching of elementary subjects.
(b) Governing boards or nonpublic schools.
(c) Individuals for use only in California.
The materials shall be purchased at the unit cost determined pursuant to subdivision (b) of section 60222.
60312. Availability of textbooks and other print materials in media accessible to pupils with visual impairments
The state board shall make available copies of adopted textbooks and other state adopted print materials in large print and other accessible media for pupils enrolled in the elementary schools whose visual acuity is 10/70 or less or who have other visual impairments making the use of these textbooks and alternate formats necessary. The state board shall make available adopted textbooks in braille characters for pupils enrolled in elementary schools whose corrected visual acuity is 20/200 or less. The state board may purchase or contract for the development of those materials.
60313. Central clearinghouse-depository and duplication center for specialized items
(a) The Superintendent of Public Instruction shall maintain a central clearinghouse-depository and duplication center for the design, production, modification, and distribution of Braille, large print, special recordings, and other accessible versions of instructional materials for use by pupils with visual impairments or other disabilities who are enrolled in the public schools of California.
(b) Assistive devices placed in the depository shall consist of items designed for use by pupils with visual impairments.
(c) The instructional materials in specialized media shall be available, in a manner determined by the State Board of Education, to other pupils with disabilities enrolled in the public schools of California who are unable to progress in the general curriculum using conventional print copies of textbooks and other study materials.
(d) The specialized textbooks, reference books, recordings, study materials, tangible apparatus, equipment, and other similar items shall be available for use by students with visual impairments enrolled in the public community colleges, the California State University, and the University of California.
CHAPTER 3. HIGH SCHOOL TEXTBOOKS
60400. Adoption
The governing board of each school district maintaining one or more high schools shall adopt instructional materials for use in the high schools under its control. Only instruction materials of those publishers who comply with the requirements of Article 3 (commencing with Section 60040) and Article 4 (commencing with Section 60060) of Chapter 1 of this part and of Section 60226 may be adopted by the district board.
60410. Pupils in classes for adults
The district board of each high school district may fix a charge not to exceed the cost of the books to the high school district for books furnished pupils in classes for adults. In lieu of fixing such charge, the board may lend books to such pupils and require the making of deposits by the pupils, the amount of deposit made by a pupil to be refunded to him upon the return by him of the books lent him in good condition, reasonable wear and tear excepted.
60411. Purchase and use
The district board of each high school district shall purchase textbooks and may purchase supplementary books for the use of pupils enrolled in the high schools of the district. The textbooks and supplementary books shall at all times remain the property of the district, and shall be supplied to the pupils for use without charge.
CHAPTER 4. OBSOLETE MATERIALS
ARTICLE 1. DETERMINATION OF OBSOLESCENCE
60500. Standards for determination of obsolescence and usableness
For the purposes of this chapter, governing boards shall adopt rules, regulations and procedures for prescribing standards for determining when instructional materials adopted by them and either loaned by them or in their possession are obsolete, and if such materials are usable or unusable for educational purposes.
60501. Review of instructional materials
A school district may review instructional materials to determine when those materials are obsolete pursuant to the rules, regulations, and procedures adopted pursuant to section 60500 and may report the results of its review and staff recommendations at a public meeting of the school district governing board.
ARTICLE 2. DONATION OR SALE
60510. Disposal of surplus or undistributed obsolete instructional materials
The state board, the governing board of any school district that employs a superintendent of schools, and other school districts with the approval of the county superintendent of schools, may dispose of surplus or undistributed obsolete instructional materials in their possession that are usable for educational purposes in any of the following ways:
(a) By donation to any governing board, county free library or other state institution.
(b) By donation to any public agency or institution of any territory or possession of the United States, or the government of any country that formerly was a territory or possession of the United States.
(c) By donation to any nonprofit charitable organization.
(d) By donation to children or adults in the State of California, or foreign countries for the purpose of increasing the general literacy of the people.
(e) By sale to any organization that agrees to use the materials solely for educational purposes.
60510.1. Sale of surplus or undistributed obsolete instructional materials; disposition of proceeds
All of the proceeds of any sale of surplus or undistributed obsolete instructional materials made pursuant to subdivision (e) of Section 60510 shall be available for school districts and county offices of education to acquire basic instructional materials, supplemental instructional materials, or technology-based materials.
60510.5. Disposal of instructional materials; prior notice and opportunity for hearing; inapplicability of section
(a) Prior to the disposition by a school district of any instructional materials pursuant to section 60510, the school district governing board is encouraged to do both of the following:
(1) No later than 60 days prior to that disposition, notify the public of its intention to dispose of those materials through a public service announcement on a television station in the county in which the district is located, a public notice in a newspaper of general circulation published in that county, or any other means that the governing board determines to reach most effectively the entities described in subdivisions (a) to (e), inclusive, of section 60510.
(2) Permit representatives of the entities described in subdivisions (a) to (e), inclusive, of section 60510 and members of the public to address the governing board regarding that disposition.
(b) This section does not apply to any school district that, as of January 1, 1992, had in operation a procedure for the disposition of instructional materials pursuant to section 60510.
60511. Requirements of recipients
Any organization, agency or institution receiving obsolete instructional materials under the provisions of this article must certify to the governing board that it agrees to use the materials for educational purposes and agrees to make no charge of any kind to the persons to whom the organization gives or lends such materials.
ARTICLE 3. DISPOSITION OF SALE PROCEEDS
60520. Proceeds received by state board; deposit in State Instructional Materials Fund
Any money received by the state board from the sale of obsolete instructional materials pursuant to this chapter shall be deposited in the State Instructional Materials Fund.
60521. Proceeds received by governing board; purchase of instructional materials
Any money received by the governing board of a school district from the sale of instructional materials pursuant to this code shall be used to purchase instructional materials.
ARTICLE 4. DESTRUCTION
60530. Unusable surplus, undistributed obsolete instructional materials, and usable but undistributable materials
The state board, any district board which employs a superintendent of schools, and other school districts with the approval of the county superintendent of schools may dispose of unusable surplus or undistributed obsolete instructional materials, or such materials which are usable but cannot be distributed pursuant to section 60510 in any of the following ways:
(a) Mutilated as not to be salable as instructional materials and sold for scrap or for use in the manufacture of paper pulp or other substances at the highest price that can be obtained.
(b) Destroyed by any economical means, provided that no instructional material shall be destroyed until 30 days after the governing board has given notice to all persons who have filed a request for such notice.
60605.86. Supplemental instructional materials for language arts and mathematics; evaluation criteria; list; content review experts; action by state board; approval of other materials; standards maps; social content; maintenance of list on Internet Web site
(a) The department shall recommend, and the state board shall approve, evaluation criteria to guide the development and review of supplemental instructional materials.
(b) Notwithstanding any other law, and on a one-time basis, the department shall develop a list, on or before July 1, 2012, of supplemental instructional materials for use in kindergarten and grades 1 to 8, inclusive, that are aligned with the California common core academic content standards for language arts and for use in kindergarten and grades 1 to 7, inclusive, that are aligned with the California common core academic content standards for mathematics. The supplemental instructional materials shall provide a bridge between the California common core academic content standards and the standards-aligned instructional materials currently being used by local educational agencies.
(c) (1) The department shall recommend, and the state board shall approve, content review experts to review, in an open and transparent process, supplemental instructional materials submitted for approval in the subject areas of mathematics and English language arts.
(2) The majority of content review experts approved pursuant to paragraph (1) shall be teachers who are credentialed in the subject area they are reviewing. The content review experts shall also include appropriate persons from postsecondary institutions and school and school district curriculum administrators, and other persons who are knowledgeable in the appropriate subject area.
(3) The content review experts shall serve without compensation.
(d) (1) On or before September 30, 2012, the state board shall do the following:
(A) Approve all, or a portion, of the list of supplemental instructional materials proposed by the department, taking into consideration the review of the content review experts and any other relevant information, as appropriate.
(B) Reject all, or a portion, of the list of supplemental instructional materials proposed by the department, taking into consideration the review of the content review experts and any other relevant information, as appropriate.
(2) The state board may add an item to the list of supplemental instructional materials proposed by the department.
(3) If the state board rejects all, or a portion, of the list of supplemental instructional materials proposed by the department, or adds an item to the list, the state board, in a public meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), shall provide written reasons for the removal or addition of an item on the list. The state board shall not approve a supplemental instructional material it adds to the list at the same time it provides its written reason for adding the material; instead, the state board shall approve the added material at a subsequent public meeting.
(e) (1) The governing boards of school districts may approve supplemental instructional materials other than those approved by the state board pursuant to subdivision (d) if the governing board determines that other supplemental instructional materials are aligned with the California common core academic content standards and meet the needs of the pupils of the district. The governing board of a school district may only approve supplemental instructional materials that comply with the evaluation criteria approved pursuant to subdivision (a) and the requirements of Section 60226, subdivision (h), and Article 4 (commencing with Section 60060).
(2) (A) A supplemental instructional material approved by a governing board of a school district pursuant to this subdivision that is in the subject area of mathematics or English language arts shall be reviewed by content review experts chosen by the governing board.
(B) The majority of the content review experts chosen pursuant to subparagraph (A) shall be teachers who are credentialed in the subject area they are reviewing. The content review experts shall include appropriate persons from postsecondary institutions and school and school district curriculum administrators, and other persons who are knowledgeable in the appropriate subject area.
(C) The content review experts shall serve without compensation.
(f) Publishers choosing to submit supplemental instructional materials for approval by the state board shall submit standards maps.
(g) (1) Before approving supplemental instructional materials pursuant to this section, the state board shall review those instructional materials for academic content, social content, and instructional support to teachers and pupils. Supplemental instructional materials approved by the state board pursuant to this section shall meet required program criteria for grade-level programs, intervention programs, and English learners and shall include materials for use by teachers.
(2) Before approving supplemental instructional materials pursuant to this section, the governing board of a school district shall review those instructional materials for academic content and instructional support to teachers and pupils. Supplemental instructional materials approved by the governing board of a school district pursuant to this section shall meet required program criteria for grade-level programs, intervention programs, and English learners, and shall include materials for use by teachers.
(h) Supplemental instructional materials approved pursuant to this section shall comply with the social content review requirements that would be imposed by Assembly Bill 339 of the 2011-12 Regular Session if that bill becomes operative; otherwise, the governing board of a school district shall review supplemental instructional materials for social content in compliance with Article 3 (commencing with Section 60040).
(i) The department shall maintain on its Internet Web site the list of supplemental instructional materials approved by the state board pursuant to subdivision (d).
(j) The department shall use federal carryover funds received pursuant to Title I of the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) to implement this section.
(k) This section shall become inoperative on July 1, 2014, and, as of July 1, 2015, is repealed, unless a later enacted statute, that becomes operative on or before July 1, 2015, deletes or extends the dates on which it becomes inoperative and is repealed.
60605.87. (a) The department shall recommend, and the state board shall approve, evaluation criteria to guide the development and review of supplemental instructional materials for English learners.
(b) Notwithstanding any other law, and on a one-time basis, the department, on or before March 1, 2014, shall develop a list of supplemental instructional materials for beginning through advanced levels of proficiency for use in kindergarten and grades 1 to 8, inclusive, that are aligned with the revised English language development standards adopted pursuant to Section 60811.3. The supplemental instructional materials shall provide a bridge between the current English language development standards and the revised English language development standards pursuant to Section 60811.3 with the purpose of ensuring the supplemental materials address the unique features of the English language development standards and remain consistent with the relevant elements of the evaluation criteria for English language arts supplemental instructional materials adopted pursuant to Section 60605.86.
(c) (1) The department shall recommend, and the state board shall approve, content review experts to review, in an open and transparent process, supplemental instructional materials submitted for approval in the subject area of English language development.
(2) The majority of content review experts approved pursuant to paragraph (1) shall be elementary and secondary schoolteachers who are credentialed in English language arts, possess the appropriate state English learner authorization, and have five years of classroom experience instructing English learners. The content review experts also shall include appropriate persons possessing English learner expertise from postsecondary educational institutions and school and school district curriculum administrators possessing English learner expertise, and other persons who are knowledgeable in English language arts and English language development.
(d) (1) On or before June 30, 2014, the state board shall do the following:
(A) Approve all, or a portion, of the list of supplemental instructional materials proposed by the department, taking into consideration the review of the content review experts and any other relevant information, as appropriate.
(B) Reject all, or a portion, of the list of supplemental instructional materials proposed by the department, taking into consideration the review of the content review experts and any other relevant information, as appropriate.
(2) If the state board rejects all, or a portion, of the list of supplemental instructional materials proposed by the department, or adds an item to the list, the state board, in a public meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), shall provide written reasons for the removal or addition of an item on the list. The state board shall not approve a supplemental instructional material it adds to the list at the same time it provides its written reason for adding the material; instead, the state board shall approve the added material at a subsequent public meeting.
(e) (1) The governing board of a school district and a county board of education may approve supplemental instructional materials other than those approved by the state board pursuant to subdivision (d) if the governing board of a school district or county board of education determines that other supplemental instructional materials are aligned with the revised English language development standards adopted pursuant to Section 60811.3 and meet the needs of pupils of the district who are English learners. The governing board of a school district or the county board of education may only approve supplemental instructional materials that comply with all of the following:
(A) The evaluation criteria approved pursuant to subdivision (a).
(B) Section 60226.
(C) Subdivision (h).
(D) Article 4 (commencing with Section 60060) of Chapter 1.
(2) (A) A supplemental instructional material approved by a governing board of a school district or county board of education pursuant to this subdivision that is in the subject area of English
language development shall be reviewed by content review experts chosen by the governing board.
(B) The majority of the content review experts chosen pursuant to subparagraph (A) shall be elementary and secondary schoolteachers who are credentialed in English language arts, possess the appropriate state English learner authorization, and have five years of classroom experience instructing English learners.
(C) The content review experts also shall include appropriate persons possessing English learner expertise from postsecondary educational institutions and school and school district curriculum administrators possessing English learner expertise, and other persons who are knowledgeable in English language arts and English language development.
(f) Publishers choosing to submit supplemental instructional materials for approval by the state board shall submit standards maps.
(g) (1) Before approving supplemental instructional materials pursuant to this section, the state board shall review those instructional materials for academic content, social content, and instructional support to teachers and pupils. Supplemental instructional materials approved by the state board pursuant to this section shall meet required program criteria for grade-level programs and shall include materials for use by teachers.
(2) Before approving supplemental instructional materials pursuant to this section, the governing board of a school district or county board of education shall review those instructional materials for academic content and instructional support to teachers and pupils who are English learners. Supplemental instructional materials approved by the governing board of a school district or county board of education pursuant to this section shall meet required program criteria for grade-level programs and shall include materials for use by teachers.
(h) Supplemental instructional materials approved pursuant to this section shall comply with the social content review requirements pursuant to Section 60050.
(i) The department shall maintain on its Internet Web site the list of supplemental instructional materials approved by the state board pursuant to subdivision (d).
(j) This section shall become inoperative on July 1, 2014, and, as of July 1, 2015, is repealed, unless a later enacted statute, that becomes operative on or before July 1, 2015, deletes or extends the dates on which it becomes inoperative and is repealed.
60605.88. (a) Notwithstanding any other law, and on a one-time basis, the department, at least 30 days before the state board takes action pursuant to subdivision (c), shall develop a list of supplemental instructional materials for use in kindergarten and grades 1 to 7, inclusive, that are aligned with the California common core academic content standards for mathematics. The supplemental instructional materials shall provide a bridge between the California common core academic content standards and the standards-aligned instructional materials currently being used by local educational agencies.
(b) (1) The department shall recommend, and the state board shall approve, content review experts to review, in an open and transparent process, supplemental instructional materials submitted for approval in the subject area of mathematics.
(2) The majority of content review experts approved pursuant to paragraph (1) shall be elementary and secondary schoolteachers who are credentialed in the subject area they are reviewing. The content review experts shall also include appropriate persons from postsecondary educational institutions and school and school district curriculum administrators, and other persons who are knowledgeable in the appropriate subject area.
(3) The review of supplemental instructional materials described in this section shall be in addition to the review of supplemental instructional materials conducted pursuant to Section 60605.86 and shall be open to publishers and manufacturers of supplemental instructional materials in mathematics that previously submitted supplemental instructional materials pursuant to Section 60605.86 that supplement any mathematics program that is not a current state-adopted program. The review shall be based upon the evaluation criteria approved by the state board pursuant to subdivision (a) of
Section 60605.86.
(c) (1) On or before July 30, 2013, the state board shall do all of the following:
(A) Approve all, or a portion, of the list of supplemental instructional materials proposed by the department, taking into consideration the review of the content review experts and any other relevant information, as appropriate.
(B) Reject all, or a portion, of the list of supplemental instructional materials proposed by the department, taking into consideration the review of the content review experts and any other relevant information, as appropriate.
(2) The state board may add an item to the list of supplemental instructional materials proposed by the department.
(3) If the state board rejects all, or a portion, of the list of supplemental instructional materials proposed by the department, or adds an item to the list, the state board, in a public meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), shall provide written reasons for the removal or addition of an item on the list. The state board shall not approve a supplemental instructional material it adds to the list at the same time it provides its written reason for adding the material; instead, the state board shall approve the added material at a subsequent public meeting. If the state board modifies the recommendations proposed by the department, it shall act at its next scheduled meeting or within 60 days of July 30, 2013.
(d) Publishers and manufacturers choosing to submit supplemental instructional materials for approval by the state board shall submit standards maps.
(e) Before approving supplemental instructional materials pursuant to this section, the state board shall review those instructional materials for academic content, social content, and instructional support to teachers and pupils. Supplemental instructional materials approved by the state board pursuant to this section shall meet required program criteria for grade-level programs and English learners and shall include materials for use by teachers.
(f) The department shall maintain on its Internet Web site the list of supplemental instructional materials approved by the state board pursuant to subdivision (c).
(g) The department shall use federal carryover funds received pursuant to Title I of the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) to implement this section.
(h) This section shall become inoperative on July 1, 2014, and, as of January 1, 2015, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2015, deletes or extends the dates on which it becomes inoperative and is repealed.
60605.9. Application of limitation contained in section 60200
Notwithstanding any other provision of law, the limitation in paragraph (6) of subdivision (c) of Section 60200, which requires that other criteria be approved at least 30 months prior to the date that the materials are to be approved for adoption, shall not apply to instructional materials adopted by the state board that are aligned with the content standards adopted pursuant to Section 60605.8 in each of the content areas for which standards are revised or adopted.
Attachment C: California Code of Regulations Title 5. Education
Division 1. State Department of Education
Chapter 9. Instructional Materials (Selected Sections)
Subchapter 1. Elementary Instructional Materials
§9505. Purchase of In-Service Training.
No cash allotment authorized by Education Code Section 60242(b) for purchase of in-service training shall be expended for salaries or for travel or per diem expenses of district employees during or attendant to participation in such in-service training.
§9506. Improvement of Quality and Reliability Through Learner Verification.
A plan developed by a publisher or manufacturer to improve the quality and reliability of instructional materials through learner verification shall include, but not be limited to, the following components:
a) A design for evaluating the effectiveness of the materials in achieving a positive impact on pupil learning, including the effectiveness of the materials with diverse pupil populations and pupils with special needs
b) A description of the process for the collection of field testing data.
c) Provisions for input on the materials from parents, teachers, pupils, and administrators.
d) [pic]A description of the process by which problems with the materials will be identified and a description of the anticipated procedures for solving the problems.
Article 2. Adoption of Curriculum Frameworks, Evaluation Criteria and Instructional Materials – Procedures
§9510. Definitions.
For purposes of curriculum frameworks, evaluation criteria and instructional materials adoptions, the following definitions shall apply:
(a) "Adoption Report" is the final report reflecting the State Board of Education's (SBE) action on instructional materials submitted for adoption.
(b) "CDE" is the California Department of Education.
(c) “Commission” is the Instructional Quality Commission as referenced in Education Code section 33530.
(d) “Commission Advisory Report” is produced by the Commission to indicate whether each set of instructional materials submitted for adoption meets the content standards, curriculum frameworks, evaluation criteria, and social content standards for a particular adoption. The Commission Advisory Report shall include, at a minimum:
(1) a recommendation for or against the adoption of each set of instructional materials, and
(2) if applicable, a list of edits and corrections that should be made to the instructional materials as a condition of adoption.
(e) “Commissioner” is an individual appointed to the Commission, pursuant to Education Code section 33530.
(f) “Content Standards” are those adopted by the SBE, pursuant to Education Code section 60605, et seq.
(g) "Deliberations" means the time set forth in the Schedule of Significant Events when Content Review Experts (CREs) and Instructional Materials Reviewers (IMRs) assemble into review panels and meet in open publicly-noticed meetings to discuss and make recommendations regarding the instructional materials submitted for adoption.
(h) "Edits and corrections" are changes that must be made to submitted instructional materials to meet the social content standards, to ensure accuracy, or to achieve clarity and that are minimal in number, and include, but are not limited to:
(1) Misquoted content standards;
(2) Imprecise definitions;
(3) Mislabeled pictures or objects;
(4) Grammatical errors or misspellings;
(5) Simple factual errors;
(6) Computational errors.
(i) "Evaluation criteria" are adopted by the SBE for the evaluation of submitted instructional materials, pursuant to Education Code section 60005(c)(2).
(j) "Executive Committee" is a subcommittee of the Commission that is comprised of the chairperson and vice chairperson of the Commission and three other Commissioners chosen by the Commission, with the primary purpose of advising the Commission on issues related to internal governance of the Commission and its subcommittees and advisory groups.
(k) "Facilitator" is a Commissioner, former Commissioner, IMR or CDE employee assigned by the Commission to help each IMR/CRE review panel organize and reach consensus during deliberations. The SBE must approve the participation of any facilitator who is not a current Commissioner. Facilitators shall be trained by CDE staff, Commissioners, SBE members, or other parties approved by SBE, during publicly-noticed meetings prior to deliberations.
(l) "Free instructional materials" refer to instructional materials provided at no cost by a publisher to a county office of education, district board, elementary school, middle school or high school.
(m) "IMR/CRE Report of Findings" is compiled by CDE and contains the determinations of all the IMR and CRE review panels as to whether the instructional materials reviewed by each panel meet the content standards, curriculum frameworks, evaluation criteria, and social content standards for a particular adoption. The report shall include, at a minimum:
(1) a recommendation for or against the adoption of each set of instructional materials, and
(2) if applicable, a list of edits and corrections that should be made to the instructional materials as a condition of adoption.
(n) "Invitation to Submit Instructional Materials" (Invitation to Submit) is the document prepared by the CDE for each instructional materials adoption that:
(1) identifies the applicable content standards, curriculum framework and evaluation criteria for the adoption;
(2) sets out the statutes, regulations, and timelines that govern the adoption process; and
(3) invites publishers to participate in the process.
(o) "Learning Resources Display Center" (LRDC) is where instructional materials, curriculum frameworks and evaluation criteria that are submitted for adoption shall be available for public viewing, pursuant to Education Code section 60202.
(p) "Period of adoption" is the length of time established by the SBE, as set forth in the Schedule of Significant Events, that instructional materials adopted by the SBE shall be available for procurement, pursuant to Education Code section 60200(i).
(q) "Publisher" is any company, person, or entity that submits instructional materials for adoption.
(r) "Rewrites" are extensive changes that would need to be made to instructional materials in order for them to meet the content standards, curriculum frameworks, evaluation criteria or social content standards and include, but are not limited to:
(1) Revising a section, chapter or entire page;
(2) Adding new content;
(3) Moving materials from one grade level to another.
(s) "Schedule of Significant Events" is a timeline adopted by the SBE for each instructional materials adoption that sets out the dates for key events that will take place during the adoption. The Schedule of Significant Events is included in the Invitation to Submit document and is posted on the CDE website.
(t) "Social content standards" are those set forth in the publication entitled Standards for Evaluating Instructional Materials for Social Content, 2000 Edition, incorporated by reference.
(u) "Standards and evaluation criteria maps" are templates prepared by the CDE and approved by the SBE for each adoption that must be completed by publishers submitting instructional materials for adoption and are designed to determine if instructional materials meet the content standards and evaluation criteria. The standards and evaluation criteria maps are available on the CDE website.
(v) "Subject Matter Committees" are subcommittees of the Commission composed of Commissioners, whose members are selected by the Commission, each with the primary purpose of assisting the Commission in making recommendations on matters related to a particular subject matter area and shall exist for the following subject matter areas:
(1) Foreign Language
(2) History-Social Science
(3) Mathematics
(4) Physical Education
(5) Reading/Language Arts/English Language Development
(6) Science
(7) Visual/Performing Arts
(8) Health
Note: Authority cited: Sections 33031, 60005 and 60206, Education Code. Reference: Sections 33530, 60010, 60048, 60061, 60200, 60202, 60204 and 60605, Education Code.
§9510.5. Internal Governance of the Commission.
The Commission, through its own bylaws, approved by the SBE, shall provide for its internal governance, including, but not limited to, the election of its officers and the establishment of its subcommittees and advisory groups.
Note: Authority cited: Sections 33031, 60005, 60204 and 60206, Education Code. Reference: Section 33003 and 60206, Education Code.
§9511. Curriculum Framework and Evaluation Criteria Committee Establishment, Composition and Membership Qualifications.
(a) At the SBE's request, the Commission shall recommend a curriculum framework and evaluation criteria to the SBE.
(b) The SBE may establish a Curriculum Framework and Evaluation Criteria Committee (CFCC) to assist in the process of developing a curriculum framework and evaluation criteria for a particular content field and to make a recommendation to the Subject Matter Committee, Commission and SBE regarding a curriculum framework and evaluation criteria.
(c) When the SBE requests that the Commission recommend a curriculum framework and evaluation criteria, the CDE shall convene four public focus groups of educators in different regions of California to provide comment to the Commission, the CFCC (if established), and the SBE.
(d) The CFCC shall be composed of a minimum of 9 to a maximum of 20 members appointed by the SBE.
(e) The Commission shall make recommendations to the SBE on appointing CFCC members according to the qualifications stated below. The SBE may also consider recommendations from CDE, SBE staff, members of the SBE and the public according to the qualifications stated below.
(f) A majority of CFCC members, at the time of appointment, shall be teachers who teach students in kindergarten or grades 1-12 and have a "professional" credential (5 CCR 80001) under state law, and meet the definition of "highly qualified" (20 USC 7801(23)) under federal law. At least one such teacher shall have experience in providing instruction to English Learners, and at least one such teacher shall have experience in providing instruction to students with disabilities.
(g) CFCC members who are teachers as described in subsection (f) above shall have experience with, and expertise in, standards-based educational programs and practices in the content field under consideration.
(h) At least one CFCC member shall be a Content Review Expert (CRE) and shall meet the qualifications set forth in section 9512.
(i) Other CFCC members may be administrators, parents, local school board members, teachers not described in the first sentence of subsection (f) above, and members of the public.
(j) The SBE shall appoint CFCC members who are reflective of the various ethnic groups, types of school districts, and regions in California.
(k) CFCC members shall receive training and information during publicly-noticed meetings from any of the following as recommended by the Instructional Quality Commission and approved by the SBE:
(1) Current and former CDE staff, Commissioners, SBE members and CREs;
(2) Subject matter experts whose qualifications are consistent with those for CREs as set forth in section 9512.
(l) CFCC members shall serve until they make their recommendations to the Commission and SBE.
(m) All CFCC members operate under the guidance and at the pleasure of the SBE.
Note: Authority cited: Sections 33031, 60005, 60200 and 60206, Education Code. Reference: Sections 33530 and 60204, Education Code.
§9512. Appointment of Instructional Materials Reviewers and Content Review Experts.
a) The SBE shall appoint Instructional Material Reviewers (IMRs) and Content Review Experts (CREs) to serve as advisors to the Commission and SBE, in the review of instructional materials submitted for adoption. At least one CRE shall also be appointed to participate on each CFCC.
(b) The Commission shall make recommendations to the SBE on appointing IMRs and CREs according to the qualifications stated below. The SBE may also consider recommendations from CDE, SBE staff, members of the SBE and the public according to the qualifications stated below.
(c) A majority of IMRs, at the time of appointment, shall be teachers who teach students in kindergarten or grades 1-12 and have a "professional" credential under (5 CCR 80001) state law, and meet the definition of "highly qualified" (20 USC 7801(23)) under federal law, and who have experience with, and expertise in, standards-based-educational programs and practices in the content field under consideration. At least one such teacher shall have experience in providing instruction to English Learners, and at least one such teacher shall have experience in providing instruction to students with disabilities.
(d) Other IMRs may be administrators, parents, local school board members, teachers not described in the first sentence of subsection (c) above, and members of the public.
(e) When the instructional materials, or curriculum frameworks and evaluation criteria, considered for adoption are in a content field other than reading/language arts and visual/performing arts, the CREs shall hold a doctoral degree in that field or related field.
(f) When the instructional materials, or curriculum frameworks and evaluation criteria, considered for adoption are (1) in the content field of reading/language arts or visual/performing arts, the CREs shall have a masters degree or higher in that field and 5 or more years of experience with, and expertise in, standards-based educational programs and practices in that field, or (2) in the content field of reading/language arts, a doctoral degree and expertise in "research on how reading skills are acquired" as defined in Education Code section 44757.5.
(g) The SBE shall appoint IMRs and CREs who are reflective of the various ethnic groups, types of school districts, and regions in California.
(h) IMRs and CREs shall receive training and information during publicly-noticed meetings from any of the following as recommended by the Commission and approved by the SBE:
(1) Current and former CDE staff, Commissioners, SBE members and CREs;
(2) Subject matter experts whose qualifications are consistent with those for CREs as set forth in this section.
(i) IMRs and CREs shall serve until the SBE acts to adopt or not adopt the submitted instructional materials. CREs who are appointed to serve on a CFCC shall serve until the CFCC makes its recommendations to the Commission and SBE.
(j) All IMRs and CREs operate under the guidance and at the pleasure of the SBE.
Note: Authority cited: Sections 33031, 60005, 60200 and 60206, Education Code. Reference: Sections 33530 and 60204, Education Code.
§9513. Application Process for Curriculum Framework and Evaluation Criteria Committee Members, Instructional Materials Reviewers and Content Review Experts.
(a) At least 90 days before the scheduled date of appointment by the SBE, the CDE shall distribute application forms, approved as to form by the SBE, to become a CFCC member, an IMR, or a CRE to districts, county offices, Learning Resources Display Centers (LRDCs) and others upon request, as well as post the application forms on the CDE website, to ensure sufficient time for interested parties to complete and submit applications to the Commission.
(b) The CDE shall assist the Subject Matter Committee and the Commission in reviewing all the submitted applications to ensure applications are complete.
(c) All completed applications, with the exception of personal information, shall be available for viewing at the CDE and SBE during normal business hours and at every publicly-noticed meeting at which the applications are considered.
(d) Prior to the SBE taking any action to appoint applicants, a list of the applicants' names and respective employers, if applicable, shall be posted on the CDE website and provided to the SBE. Upon action by the SBE, the list shall be updated to indicate whether or not each applicant was appointed.
Note: Authority Cited: Sections 33031, 60005, 60200 and 60206, Education Code. Reference: Sections 33530 and 60204, Education Code.
§9514. Prohibited Communications.
(a) Publishers or their representatives shall not communicate with facilitators, IMRs and CREs, during their tenure, and facilitators, IMRs and CREs, during their tenure, shall not communicate with publishers or their representatives, about anything related to the evaluation or adoption of instructional materials submitted for adoption, other than when publishers are making presentations or public comment in open publicly-noticed meetings. When publishers or their representatives, or facilitators, IMRs or CREs, make a prohibited communication, the SBE may take corrective action, including disqualification of the publisher, facilitator and IMR/CRE from further participation in the adoption.
(b) Publishers, or their representatives, shall not communicate with Commissioners about anything related to the evaluation or adoption of instructional materials, other than during the times for public comment in open publicly-noticed meetings, or other than through written submissions addressed to all Commissioners in care of the Executive Director of the Commission, between the date set forth in the Schedule of Significant Events when instructional materials are delivered to IMRs, CREs and LRDCs and the date when the SBE takes action to adopt. When publishers or their representatives, or Commissioners make a prohibited communication, the SBE may take corrective action, including disqualification of the publisher and the Commissioner from further participation in the adoption.
(c) Notwithstanding the above prohibitions, facilitators, IMRs, CREs, and Commissioners may contact publishers for technical assistance in using electronic instructional materials.
(d) Notwithstanding the above prohibitions, publishers or their representatives may communicate with the chairperson, or designee, of the Commission or the chairperson, or designee, of the Subject Matter Committee involved in the adoption during the time set forth for deliberations.
Note: Authority Cited: Sections 33031 and 60206, Education Code. Reference: Sections 33530, 60200 and 60204, Education Code.
§9515. Public Inspection of, and Comment on, Curriculum Framework and Evaluation Criteria.
(a) Prior to recommending a curriculum framework and evaluation criteria to the SBE, the Commission shall:
(1) direct the appropriate Subject Matter Committee to consider the draft curriculum framework and evaluation criteria developed by the CFCC, if applicable, and submit its recommendation to the Instructional Quality Commission;
(2) consider the recommendation from the Subject Matter Committee;
(3) approve a draft curriculum framework and evaluation criteria and make it available for public review and comment for a minimum of 60 days. The CDE shall ensure that the draft curriculum framework and evaluation criteria is posted on the CDE website for the entire period, and available at the LRDCs during this period; and
(4) hold at least one publicly-noticed meeting to receive comment on the draft curriculum framework and evaluation criteria as referenced below.
(b) Any comment from a member of the public regarding a draft curriculum framework and evaluation criteria that is received by the Executive Director of the Commission not later than 14 days prior to the date set for the publicly-noticed meeting at which the Commission is scheduled to consider whether to recommend the draft curriculum framework and evaluation criteria to the SBE for adoption, will be distributed to members of the Commission not later than 3 days before the meeting. Notice of the 14-day deadline, and the Executive Director's mail, email, and facsimile addresses, shall be posted on the CDE website and at the LRDCs at least 60 days before the meeting.
(c) After the Commission recommends a curriculum framework and evaluation criteria to the SBE for adoption, the CDE shall ensure that the recommended curriculum framework and evaluation criteria is posted on the CDE website for a 60-day period, and available at the LRDCs during this period, for public review and comment prior to consideration by SBE for adoption.
(d) Nothing in this section shall restrict a member of the public from directly addressing a state body at any publicly-noticed meeting, orally or in writing, relating to a curriculum framework and evaluation criteria.
Note: Authority cited: Sections 33031, 60005 and 60206, Education Code. Reference: Sections 60202 and 60204, Education Code; Section 11125.7, Government Code.
§9516. Public Meetings Held by the Commission and the SBE Regarding Curriculum Frameworks and Evaluation Criteria.
(a) Prior to recommending a curriculum framework and evaluation criteria to the SBE for adoption, the Commission shall hold at least one publicly-noticed meeting. To recommend a curriculum framework and evaluation criteria to the SBE, the Commission must conduct a roll call vote with at least 9 affirmative votes required for the recommendation, or at least 10 affirmative votes required for the recommendation when all 18 commissioners vote.
(b) Prior to adopting a curriculum framework and evaluation criteria, the SBE shall receive the recommendation of the Commission and hold at least one publicly-noticed meeting.
Note: Authority cited: Sections 33031, 60005 and 60206, Education Code. Reference: Sections 60200 and 60204, Education Code.
§9517. Procedures for Submitting Instructional Materials for Adoption.
(a) The CDE shall provide a copy of the Invitation to Submit to every publisher that submits a request and also make it available on its website.
(b) Publishers shall adhere to all dates and times set forth in the Schedule of Significant Events, as approved by the SBE.
(c) On or before 5:00 p.m. on the date specified in the Schedule of Significant Events, publishers shall provide to the CDE a CD-ROM and hard copy containing the following submission information (Failure to meet this deadline shall result in disqualification of the instructional materials from further consideration in the current adoption unless the publisher can show the CDE that there were extenuating and compelling circumstances involving natural disasters or independent carriers beyond the control of the publisher.):
(1) A list of all instructional materials that will be submitted for adoption.
(2) A short narrative description of the instructional materials that will be submitted. The description should not exceed 6 pages, single spaced.
(3) A description of the technology requirements that will be necessary to review the submitted instructional materials.
(4) Contact information for the publisher's primary contact for the adoption, a California contact, and a contact for technology-based matters.
(d) Upon its determination that the submission information is complete, the CDE will request samples of all instructional materials for evaluation.
(e) On or before 5:00 P.M. on the date specified in the Schedule of Significant Events, publishers shall provide to the CDE completed standards and evaluation criteria maps on a CD-ROM and in hard copy for all instructional materials that have been accepted for evaluation.
(f) On or before 5:00 P.M. on the date specified in the Schedule of Significant Events, publishers shall deliver samples of all instructional materials that have been accepted for evaluation to the evaluators and locations specified by CDE. Failure to meet this deadline shall result in disqualification of the instructional materials from further consideration in the current adoption unless the publisher can show CDE that there were extenuating and compelling circumstances involving natural disasters or independent carriers beyond the control of the publisher.
(g) Publishers shall deliver all samples free of shipping, handling, sampling, or other charges.
(h) Publishers shall include in instructional materials submitted for adoption, only content standards approved by the SBE and specified in the evaluation criteria for the adoption. Adopted instructional materials shall not include references to national standards or standards from other states.
(i) Publishers shall list, in the teacher's edition and/or in the student's edition submitted for adoption, only authors, reviewers, consultants, advisors, field test teachers, and others who actually contributed to the development of the materials and the capacity in which they served.
(j) Publishers shall submit all instructional materials in the same physical form that will be offered for purchase during the adoption period with the following exceptions:
(1) Audio recordings may be submitted in manuscript form;
(2) Artwork may appear in black and white that will ultimately appear in color in the instructional materials offered for purchase during the adoption period.
(3) Alternate formats as described in section 9528.
(k) Except as described in sections 9528 and 9529, publishers shall not change or modify instructional materials after the date specified in the Schedule of Significant Events for delivery of instructional materials to IMRs, CREs and LRDCs. Instructional materials changed or modified after this delivery date shall be disqualified from consideration in the adoption unless the changes or modifications are approved by the SBE.
(l) On or before 5:00 p.m. of the date specified in the Schedule of Significant Events, publishers shall submit to the CDE price quotations for the sale of completed instructional materials, including all transportation costs.
(m) Publishers are discouraged from withdrawing their instructional materials from the adoption after the materials have been submitted. Any such withdrawal may be noted in the Commission Advisory Report and Adoption Report.
(n) Publishers shall not publicize in marketing materials any part of the IMR/CRE Report of Findings, Commission Advisory Report or the Adoption Report.
Note: Authority cited: Sections 33031, 60005 and 60206, Education Code. Reference: Sections 60200, 60202, 60204, 60221 and 60222, Education Code.
§9517.1. Follow-Up Adoptions.
(a) For the purposes of this section, a follow-up adoption means any adoption other than the primary adoption that occurs within a six or eight-year cycle established pursuant to Education Code section 60200.
(b) All State Board of Education (SBE) adoptions of basic instructional materials during a follow-up adoption shall be conducted according to the following requirements:
(1) California Department of Education (CDE) staff shall survey publishers to determine publisher interest in participating in a follow-up adoption.
(A) The survey shall be posted on the CDE Web site, shall be mailed to all publishers who have participated in prior adoptions, shall be mailed to all publishers known to produce basic instructional materials in that subject, and shall be made available upon request.
(B) The survey shall be conducted in a manner deemed appropriate by the CDE.
(C) Pursuant to Education Code section 60227, the results of this survey and a recommendation by the CDE as to whether or not a follow-up adoption shall be conducted shall be provided to the SBE at a public meeting.
(2) Upon the SBE's decision to conduct a follow-up adoption, CDE staff shall prepare the following documents for review by the Instructional Quality Commission and approval of the SBE at a public meeting:
(A) A Schedule of Significant Events specific to the follow-up adoption;
(B) Instructional Materials Reviewer (IMR) and Content Review Expert (CRE) applications for the follow-up adoption that are similar in content to the IMR and CRE applications used in the primary adoption in that subject area, as set forth in section 9513;
(C) A notice of intent to hold a follow-up adoption with the information specified in section 9517.1(b)(3)(A) and (B);
(3) A notice of intent to hold a follow-up adoption in a given subject area shall be posted on the CDE Web site, shall be mailed to all publishers who have participated in prior adoptions, shall be mailed to all publishers known to produce basic instructional materials in that subject, and shall be made available upon request.
The notice shall include:
(A) A Schedule of Significant Events.
(B) A statement that each publisher choosing to participate will be charged a fee as described in section 9517.1(b)(5).
(4) Each publisher shall provide a statement of intent to submit to the CDE in accordance with the dates set forth in the Schedule of Significant Events that specifies the following:
(A) Number of programs that the publisher will submit.
(B) Number of grade levels covered by each program.
(5) Based on the information included in a publisher's statement of intent to submit, the CDE shall assess a fee of $5,000 per grade level for each program submitted for review. The fee shall be payable by the publisher even if the publisher subsequently chooses to withdraw a program or reduce the number of grade levels submitted for review.
(6) A "small publisher" as defined in Education Code section 60227, may request a reduction of the fee by submitting documentation in accordance with the date set forth in the Schedule of Significant Events, that includes the following:
(A) A statement of earnings for the most recent three fiscal years.
(B) Number of full-time employees excluding contracted employees.
(C) A statement verifying that the small publisher is not dominant in its field for the subject matter being submitted for follow-up adoption.
(c) Instructional materials approved by the SBE in a follow-up adoption shall be added to the existing adoption list for that subject and remain on the list until the established expiration date for that list pursuant to Education Code section 60200.
(d) Follow-up adoptions shall be based on the curriculum framework and evaluation criteria issued for the primary adoption. The following procedures for the adoption of instructional materials for the primary adoption, as set forth in sections 9510, 9512, 9513, 9514, 9517, 9517.2, 9518, 9519, 9521, 9522, 9523, 9524 and 9525, are also applicable to follow-up adoptions.
Note: Authority cited: Section 60206, Education Code. Reference: Sections 60200 and 60227, Education Code.
§9517.2. Textbook Weight Standards.
(a) For the purposes of this section, a "textbook" means a book adopted by a governing board for use by students as the principal learning resource for a course.
(b) The following maximum weight standards are in effect for each student textbook in elementary and secondary schools:
(1) Grades K-4: Three Pounds
(2) Grades 5-8: Four Pounds
(3) Grades 9-12: Five Pounds
(c) Publishers and manufacturers submitting textbooks for adoption by the State Board of Education for kindergarten through grade eight that exceed the maximum weight standards listed above shall provide at least one alternative for lighter weight materials with identical content. These lighter weight alternatives may include, but are not limited to, split volumes, electronic editions, softcover editions or other alternate physical formats. The lighter weight alternative must be identified by the publisher when they submit their textbooks to the California Department of Education (CDE) as part of the instructional materials adoption.
(d) For materials for grades nine through twelve, the availability of lighter weight alternatives must be disclosed to local education agencies prior to local governing board adoption of textbooks.
(e) The following are exceptions to the maximum weight standards listed in subdivision (b) above:
(1) Materials prepared in large-print, Braille, or other materials specifically designed to provide accessibility for students with disabilities. This includes the materials prepared by the CDE's Clearinghouse for Specialized Media and Technology.
(2) Textbooks that are only used in the classroom, and are not required to be carried home or to other locations by students, are not subject to the maximum weight standards. This exception does not exempt districts from the requirements of Education Code section 60119.
(3) Textbooks that are primarily for use by the teacher are not subject to the maximum weight standards, unless students are required to carry the materials home or to other locations as part of the intended use of those textbooks.
Note: Authority cited: Section 33031, Education Code. Reference: Section 49415, Education Code.
§9517.3. Mathematics Instructional Materials Adoption.
(a) The State Board of Education (SBE) adoption of basic instructional materials for mathematics scheduled to occur no later than March 30, 2014, shall be conducted according to the following requirements:
(1) CDE staff shall prepare the following documents for review and approval of the SBE at a public meeting:
(A) A Schedule of Significant Events specific to the mathematics adoption;
(B) A notice of intent to hold the mathematics adoption with the information specified in section 9517.3(a)(2)(A) and (B);
(2) A notice of intent to hold the mathematics adoption shall be posted on the CDE Web site, shall be mailed to all publishers who have participated in prior adoptions, shall be mailed to all publishers known to produce basic instructional materials in that subject, and shall be made available upon request.
The notice shall include:
(A) A Schedule of Significant Events.
(B) A statement that each publisher choosing to participate will be charged a fee as described in section 9517.3(a)(4).
(3) Each publisher shall provide a statement of intent to submit to the CDE in accordance with the dates set forth in the Schedule of Significant Events that specifies the following:
(A) Number of programs that the publisher will submit.
(B) Number of grade levels covered by each program.
(4) Based on the information included in a publisher's statement of intent to submit, the CDE shall assess a fee of $5,000 per grade level for each program submitted for review. The fee shall be payable by the publisher even if the publisher subsequently chooses to withdraw a program or reduce the number of grade levels submitted for review.
(5) A “small publisher” as defined in Education Code section 60209, may request a reduction of the fee by submitting documentation in accordance with the date set forth in the Schedule of Significant Events, that includes the following:
(A) A statement of earnings for the most recent three fiscal years.
(B) A statement verifying the number of full-time employees excluding contracted employees.
(C) A statement verifying that the small publisher is independently owned or operated and is not dominant in its field for the subject matter being submitted.
(b) The mathematics adoption shall follow all other procedures set forth in this article, except that section 9515 shall not be applicable as it pertains to the evaluation criteria. Section 9515 will, however, remain applicable as to the curriculum framework.
Note: Authority cited: Sections 33031 and 60206, Education Code. Reference: Sections 60200, 60207 and 60209 Education Code.
§9518. Social Content Standards for all Instructional Materials Adoptions.
The social content standards in the publication entitled Standards for Evaluating Instructional Materials for Social Content, 2000 Edition, approved by the SBE on January 13, 2000, and maintained on the CDE website at , are incorporated in this section by reference and apply to all SBE adoptions of instructional materials in all subjects.
Note: Authority cited: Sections 33031, 60005, 60048, 60200 and 60206, Education Code. Reference: Sections 60040-60044, 60048, 60200 and 60200.2, Education Code.
§9519. Instructional Materials Review Panels and Commission Advisory Report.
(a) The CDE will propose and the Commission shall approve, for each adoption of instructional materials, the organization of IMRs and CREs into review panels, the assignment of instructional materials to be evaluated by each review panel, and the assignment of a facilitator to each review panel.
(b) Each review panel shall be composed of 5 to 15 IMRs and CREs, of which a majority must be IMRs who are teachers, as described in the first sentence of subsection (c) of section 9512, and at least 1 must be a CRE.
(c) Each review panel must evaluate instructional materials according to the SBE adopted content standards, curriculum frameworks, evaluation criteria and social content standards.
(d) At the discretion of the chairperson of the Commission, the chairperson of the Subject Matter Committee involved in the adoption or the Executive Director of the Commission, a CRE or IMR with special expertise may respond to questions raised by review panels to which the CRE or IMR has not been assigned.
(e) Each review panel shall decide which instructional materials to recommend for adoption.
(f) Each review panel shall make recommendations as to edits and corrections that should be made to instructional materials.
(g) Review panels shall not recommend rewrites of instructional materials.
(h) Each review panel is encouraged to reach consensus on recommendations. If necessary, the panel will conduct a vote with a simple majority necessary to put forward a recommendation.
(i) The recommendations of the review panels shall be compiled by the CDE into a document titled "IMR/CRE Report of Findings" that shall be presented to the Commission. At least 10 days before the first meeting of the Commission that follows the issuance of the IMR/CRE Report of Findings, the CDE shall distribute the IMR/CRE Report of Findings to the Commission and post it on its website.
(j) The Commission, the CDE, the SBE, or SBE staff may call upon IMRs and CREs to assist the Commission or the SBE in understanding how instructional materials meet the content standards, curriculum frameworks, evaluation criteria and social content standards. In the event that it is determined that other subject matter experts should be called upon to assist the Commission or the SBE in understanding how instructional materials meet the content standards, curriculum frameworks, evaluation criteria and social content standards, such experts shall have qualifications that are consistent with those for CREs as set forth is section 9512 and shall be appointed by the SBE.
Note: Authority cited: Sections 33031, 60005 and 60206, Education Code. Reference: Sections 60200 and 60204, Education Code.
§9521. Public Comments Regarding Content of Instructional Materials.
(a) Oral and written public comment, whenever submitted, addressing the content of instructional materials should specifically identify the instructional material and page number where the subject content appears and, if pertinent, provide a reason as to why the content is inaccurate or does not meet the content standards, curriculum frameworks, evaluation criteria or social content standards and, if pertinent, suggest a correction to the identified problem.
(b) Any written comment from a member of the public regarding the content of instructional materials that is received by the Executive Director of the Commission not less than 14 days prior to the first date set for review panel deliberations in the Schedule of Significant Events, will be distributed to the review panel that is reviewing the instructional material that is the subject of the comment not less than 7 days before the first day of deliberations. Notice of these deadlines, and the Executive Director's mail, email, and facsimile addresses, shall be posted on the CDE website and at the LRDCs on the date when instructional materials being submitted for adoption are to be delivered to the LRDCs.
(c) Nothing in this section shall restrict a member of the public from directly addressing a state body, orally or in writing, at any publicly-noticed meeting relating to the adoption of instructional materials.
(d) During each day of deliberations there shall be at least two opportunities for public comment.
Note: Authority cited: Sections 33013, 60005 and 60206, Education Code. Reference: Sections 60200 and 60202, Education Code; Section 11125.7, Government Code.
§9522. Presentation of Public Testimony.
At or before any public meeting related to the evaluation or adoption of a curriculum framework, evaluation criteria, or instructional materials, at which oral comments from the public are to be received, the chairperson or presiding member of the hearing body shall determine the total amount of time that will be devoted to hearing oral comments, and may determine the time to be allotted to each person or to each side of an issue.
Note: Authority cited: Sections 33031, 60005 and 60206, Education Code. Reference: Section 60200, Education Code; Section 11125.7, Government Code.
§9523. Display of Instructional Materials for Public Inspection.
(a) On or before the delivery date designated in the Schedule of Significant Events, publishers shall send instructional materials that are being submitted for adoption to LRDCs at the addresses indicated in the Invitation to Submit. Instructional materials that are submitted for adoption shall be displayed at the LRDCs at least until the date the SBE adopts instructional materials.
(b) Beginning with the first adoption that takes place after the Reading/Language Arts adoption that is currently scheduled to be completed in November 2008, on or before the delivery date designated in the schedule of significant events, publishers shall also provide CDE with a URL to those instructional materials intended for student use that are being submitted for adoption, and the CDE shall post on its website direct hyperlinks to the URLs provided by the publishers. The instructional materials posted on each publisher's website shall be identical to the hard copy version of the instructional materials submitted for adoption, except that copyrighted items that do not allow for posting online may be omitted and replaced by a description of the omitted item, and any online features that are absent from the hard copy version shall be identified.
(c) LRDCs shall ensure that instructional materials received are on display within three weeks after the date of receipt unless circumstances beyond the control of the LRDC prevent such display, in which case the instructional materials will be displayed within a reasonable amount of time.
(d) Instructional materials adopted by the SBE shall be available at LRDCs for a minimum of two years after the date of adoption.
Note: Authority cited: Sections 33031 and 60005, Education Code. Reference: Sections 60202 and 60200(h), Education Code.
§9524. Public Meetings Held by the Commission and the State Board of Education Regarding Instructional Materials.
(a) Prior to recommending instructional materials to the SBE for adoption, the Commission shall do the following:
(1) Not more than 30 days after the issuance of the IMR/CRE Report of Findings, the Commission shall hold a publicly-noticed meeting during which any interested party may provide the Commission with written or oral comments regarding the submitted instructional materials and/or the recommendations contained in the IMR/CRE Report of Findings. The primary purpose of this publicly-noticed meeting is to afford the Commission an opportunity to receive comment from those who disagree with any part of the IMR/CRE Report of Findings. The complaining party, and any interested party adverse to the complaining party, shall be provided a full and fair opportunity to present comments.
(2) Nothing in this section shall prevent the Commission from having additional publicly-noticed meetings that the Commission deems necessary to receive additional input from members of the public or to utilize IMRs, CREs or other content experts as provided for in section 9519(j).
(3) Commissioners must evaluate instructional materials according to the SBE adopted content standards, curriculum frameworks, evaluation criteria, and social content standards
(4) Not less than 30 days after the Commission meeting discussed in subdivision (a)(1) above, the Commission will hold a publicly-noticed meeting at which time it will adopt its recommendations to the SBE regarding instructional materials, and edits and corrections. To adopt its recommendations, the Commission must conduct a roll call vote with at least 9 affirmative votes required for the recommendations, or at least 10 affirmative votes required for the recommendations when all 18 commissioners vote.
(5) The Commission's recommendations shall be compiled into a document titled “Commission Advisory Report.” Those recommendations may be different than those of the review panels as contained in the IMR/CRE Report of Findings. The Commission shall not recommend rewrites of instructional materials. The Commission Advisory Report shall be presented to the SBE along with the IMR/CRE Report of Findings.
(b) Following the Commission meetings described above, the SBE will hold at least one publicly-noticed meeting before adopting both instructional materials and edits and corrections and issuing its Adoption Report.
Note: Authority cited: Sections 33031, 60005 and 60206, Education Code. Reference: Sections 60200, 60203 and 60204, Education Code.
§9525. Post Adoption Edits and Corrections Procedures.
(a) Following the action of the SBE on a specific instructional materials adoption, CDE staff will notify publishers, in writing, of any edits and corrections adopted by the SBE.
(b) Within 60 days of the SBE adopting instructional materials and edits and corrections, publishers shall provide to the CDE copies of revised instructional materials, or relevant portions thereof, that reflect all edits and corrections required by the SBE. If the publisher can show that circumstances beyond its control prevented it from delivering the revised instructional materials within the 60 day period, the CDE may grant a reasonable extension to the publisher.
(c) CDE staff will schedule individual meetings with each publisher to discuss edits and corrections, at which time publishers will be provided an opportunity to show that the adopted edits and corrections have been made to the revised instructional materials.
(d) Under direction from the SBE, CDE staff may work with Commissioners or CREs to evaluate whether publishers have made the adopted edits and corrections to their revised instructional materials.
(e) Upon completion of this evaluation, CDE staff will notify each publisher whether the revised instructional materials comply with the SBE's action or whether additional revisions need to be made. Within 60 days of this notification, publishers shall provide to the CDE copies of final printed instructional materials that reflect all edits and corrections required by the SBE. If the publisher can show that circumstances beyond its control prevented it from delivering final printed instructional materials within the 60 day period, the CDE may grant a reasonable extension to the publisher.
Note: Authority cited: Sections 33031, 60005 and 60206, Education Code. Reference: Section 60200, Education Code.
Article 2.1. Acquisition of Adopted Instructional Materials
§9527. Free Instructional Materials.
(a) In order to comply with the statutory requirement that publishers provide any instructional materials free of charge in this state to the same extent as that received by any state or school district in the United States, publishers shall post on their website a list of any free instructional materials that they have agreed to provide to a county office of education, district board, elementary school, middle school or high school within 10 days of entering into such an agreement. Publishers shall maintain this list on their websites through the next biennial price adjustment referenced in Education Code section 60223, at which time the statutory requirement regarding the instructional materials on the list shall end.
(b) The publisher shall provide the CDE with the URL to their list of free instructional materials, and the CDE shall post on its website a direct hyperlink to the URL provided by the publisher.
Note: Authority cited: Sections 33031, 60005 and 60206, Education Code. Reference: Section 60061, Education Code.
§9528. Alternate Formats of Adopted Instructional Materials.
(a) Publishers may submit alternate formats of adopted instructional materials to the CDE for approval at any time during the period of adoption.
(b) Alternate formats of adopted instructional materials shall include:
(1) instructional materials that are identical in content to adopted instructional materials, but that are different in physical format, and
(2) translations of adopted instructional materials into other languages. Translations of adopted instructional materials into other languages may include different literary selections that are equivalent in content to those contained in the English version.
(c) Submissions of alternate formats shall be reviewed as follows:
(1) For approval of an alternate physical format, the CDE staff will review submitted materials to confirm that the content is identical to the adopted instructional materials.
(2) For approval of alternate formats in languages other than English, the CDE will employ qualified CDE staff or contract with experts in the alternate language to review the materials to confirm that the translation is accurate and to determine if the materials are equivalent in content to the adopted instructional materials. Different literary selections must be approved by the SBE.
Note: Authority cited: Sections 33031, 60005 and 60206, Education Code. Reference: Sections 60200 and 60222, Education Code.
§9529. New Editions of Adopted Instructional Materials
a) Upon written request by a publisher, the CDE may approve a new edition of an adopted instructional material to replace the original adopted edition, provided that:
(1) Changes contained in the new edition are so minimal that both the new edition and the original adopted edition may be used together in a classroom environment. No additional content may be included in the new edition
(2) All changes comply with the social content standards set forth in the publication entitled Standards for Evaluating Instructional Materials for Social Content, 2000, as referenced in section 9518 above. The price of the new edition is equal to or lower than the price of the original adopted edition.
(b) Upgrades of technology-based materials that do not contain content changes can be made by publishers without CDE approval, unless the upgrade results in a new ISBN or identifier.
Note: Authority cited: Sections 33031, 60005 and 60206, Education Code. Reference: Sections 60040-60044, 60061, 60222 and 60223, Education Code.
§9530. School District Ordering of Instructional Materials.
Each school district shall purchase adopted instructional materials directly from publishers. With respect to the purchase of adopted instructional materials by a school district, the publisher shall comply with the following requirements:
(a) Instructional materials furnished and delivered to the school district by the publisher shall conform to and be of the same quality of workmanship as the instructional materials submitted for adoption.
(b) Upon request by any school district, a publisher shall provide a copy of any manufacturing standards and specifications for instructional materials with which the publisher is currently in compliance.
(c) Should the publisher discontinue an instructional material before its adoption expiration date, upon receipt of a written request from a district that has purchased the discontinued instructional materials, the publisher shall buy back from the school district all of the instructional materials discontinued and any instructional materials designed to be used with the discontinued instructional material. The publisher shall buy back the instructional materials at the price in effect pursuant to the purchase order or agreement at the time when the instructional materials were purchased.
Note: Authority cited: Sections 33031, 60005 and 60206, Education Code. Reference: Sections 60061 and 60061.5, Education Code.
Attachment D: Instructional Materials Submission List Template
Publisher: *
Series: *
Author: *
Program Type: *
|Instructional Materials Price List (IMPL) Form |California Department of Education (ver. 01/13) |
|ITEM / TITLE* |ISBN* |ALTERNATE ISBN |
|1 |Cathy Dickerson |Humboldt County Office of Education |
| |707-445-7088 |901 Myrtle Avenue |
| | |Eureka, CA 95501 |
|2 |Bob Benoit |Butte County Office of Education |
| |530-532-5803 |Instructional Resource Center |
| | |5 County Center Drive |
| | |Oroville, CA 95965 |
|3 |Jennifer Duckhorn |Sonoma County Office of Education |
| |707-524-2837 |Instructional Resources Center |
| | |5340 Skylane Boulevard |
| | |Santa Rosa, CA 95403 |
|4 |Ben Anderson |Sacramento County Office of Education |
| |916- 228-2351 |Instructional Technology and Learning Resources |
| | |10474 Mather Boulevard |
| | |Mather, CA 95655 |
|5 |Rovina Salinas |Contra Costa County Office of Education |
| |925-942-5332 |Curriculum and Instruction Department |
| | |77 Santa Barbara Road |
| | |Pleasant Hill, CA 94523 |
|6 |Hector Garcia |Alameda County Office of Education |
| |510-670-4235 |Educational Services |
| | |313 West Winton Avenue |
| | |Hayward, CA 94544 |
|7 |Rita Yee |College of Education |
| |415-338-3423 |San Francisco State University |
| | |Cahill Learning Resources & Media Lab |
| | |1600 Holloway Avenue, Burk Hall 319 |
| | |San Francisco, CA 94132 |
|8 |Bob Gausman |Stanislaus County Office of Education |
| |209-567-4518 |Technology Learning Resources |
| | |1100 H Street |
| | |Modesto, CA 95354 |
|9 |Peter Doering and Diane Perry |Santa Clara County Office of Education |
| |408-453-6800 |Library Service |
| | |1290 Ridder Park Drive |
| | |San Jose, CA 95131 |
|10 |John Magneson |Merced County Office of Education |
| |209-381-6632 |Instructional Services |
| | |632 West 13th Street, Building J-1 |
| | |Merced, CA 95341 |
|11 |Emy Lopez-Phillips |Fresno County Office of Education |
| |559-497-3711 |Instructional Technology Services |
| | |1111 Van Ness |
| | |Fresno, CA 93721 |
|12 |Steve Woods |Tulare County Office of Education |
| |559-651-3077 |Educational Resource Services |
| | |7000 Doe Avenue, Suite A |
| | |Visalia, CA 93291 |
|13 |Kathy Hill |Kern County Superintendent of Schools Office |
| |661-636-4640 |The Learning Center |
| | |2020 K Street |
| | |Bakersfield, CA 93301 |
|14 (A4) | | |
|15 |Lorna Lueck |University of California |
| |805-893-7111 |Davidson Library, Curriculum Lab |
| | |Santa Barbara, CA 93106-9010 |
|16 |Patti Johnson |Ventura County Office of Education |
| |805-437-1340 |5100 Adolfo Road |
| | |Camarillo, CA 93012 |
|17 (A8) | | |
|18 |Sharon McNeil |Los Angeles County Office of Education |
| |562-922-6359 |Library Services |
| | |12757 Bellflower Boulevard |
| | |Downey, CA 90242 |
|19 |Esther Sinofsky |Los Angeles Unified School District |
| |213-207-2271 |Textbook Services |
| | |1545 Wilshire Blvd. Suite 200 |
| | |Los Angeles, CA 90017 |
|20 |Glen Warren |Orange County Department of Education |
| |714-966-4000 |200 Kalmus Drive |
| | |Costa Mesa, CA 92626 |
|21 |Christina Cicchetti |University of California, Riverside |
| |951-827-3715 |Rivera Library |
| | |P.O. Box 5900 |
| | |Riverside, CA 92517-5900 |
|22 |Bill Robinson |San Diego County Office of Education |
| |858-292-3563 |6401 Linda Vista Road, Room 201 |
| | |San Diego, CA 92111 |
The following LRDCs display adopted instructional materials and resources for grades K–8 only; they do not display submitted materials and resources.
|LRDC |Contact |Location |
|A1 |Karol Thomas |San Mateo County Office of Education |
| |650-802-5651 |101 Twin Dolphin Drive |
| | |San Jose, CA 94065-1064 |
|A2 |Shannon M. Stanley |San Jose State University |
| |408-808-2349 |King Library |
| | |One Washington Square |
| | |San Jose, CA 95192-0028 |
|A3 |Rosalind Van Auker |California State University, Sacramento |
| |916-278-5673 |Library, Reference Department |
| | |2000 State University Drive East |
| | |Sacramento, CA 95819-6039 |
|A4 |Dr. Jose Montelongo |California Polytechnic State University |
| |805-756-7492 |Kennedy Library |
| | |Information and Instructional Services |
| | |1 Grand Avenue |
| | |San Luis Obispo, CA 93407 |
|A5 |Ron Rodriquez |California State University, Fullerton |
| |714-278-7544 or Reference Desk at |Pollak Library, Curriculum Materials Center |
| |714-278-3743 |800 North State College Boulevard |
| | |Fullerton, CA 92834 |
|A6 |Harry Powell |Instructional Resources and |
| |831-755-0384 |Technology Department |
| | |Monterey County Office of Education |
| | |901 Blanco Circle/P.O. Box 80851 |
| | |Salinas, CA 93912-0851 |
|A7 |John Roina |Yolo County Office of Education |
| |530-668-3757 |Learning Resources Display Center |
| | |1280 Santa Anita Court, Suite 100 |
| | |Woodland, CA 95776 |
|A8 |Rosa Lizardi |San Bernardino County Superintendent of Schools |
| |909-887-7506 |Curriculum and Instruction |
| | |4595 Hallmark Parkway |
| | |San Bernadino, CA 92407-1834 |
Attachment F: California Adoption Publisher Contact and Technology Requirements Document
As a convenience, please use the following document. The contact name is the individual who will receive all official correspondence and notices for this adoption. You may also list a California representative who will receive a complimentary copy of correspondence. The technology contact should be the person that the reviewer or the CDE will contact if there are problems accessing any technology components of your program.
|Publisher/Producer |
|Name: |Code: |Official Company Street Address: |
|Subject: |Subject Code: |City: |State: |Zip: |
|Program Name (and Type if applicable): |
|Adoption Primary Contact |
|Name: |Title: |
|Address (For all official correspondence): |City: |State: |Zip: |
|Telephone (Main): |Cell: |FAX: |
| |e-mail: |
|California Contact |
|Name: |Title: |
|Address: |City: |Address: |City: |
|Telephone (Main): |Cell: |FAX: |
| |e-mail: |
|Technology Contact |
|Name: |Title: |
|Telephone (Main): |Optional telephone: |
|Web Listings |
|URL for list of free instructional materials: |
|URL for list of student instructional materials: |
|List of hardware requirements needed to review submitted materials (Attach additional sheets as needed): |
| | |
Attachment G: Information Regarding Instructional Materials 2014 Mathematics Primary Adoption
As part of the process of submitting instructional materials for review, it is advisable that all components are verified.
|Program Title: |
|Subject: |Grade Level(s): |
|Company: | |
|Signature of Authorized Representative: |Date: |
| | |
|Name & Title of Authorized Representative: |
|Address: |City, State, Zip: |
| | |
|Telephone: |FAX Number: |
| | |
|E-mail Address: |
Per California EC Section 60061.8, publishers shall indicate that their instructional materials, as defined in EC Section 60010, comply with all of the following:
|ρ |Print materials have sharp, clear, high contrast, and highly legible fonts. Print materials for kindergarten will use fonts that |
| |are at least 20 point, first grade – at least 18 point, and grade 2 – at least 16 point. |
|ρ |1. Video products for grades kindergarten through 8 are closed-captioned as defined by the Federal Communications Commission. |
|ρ |2. If video products are not closed-captioned, they meet the following exceptions: |
| |Exception |ISBN - Video Product Name |
|ρ |a. Video products or portions of video products that the | |
| |publisher does not have the rights to close-caption. | |
| | | |
| | | |
|ρ |b. Video products or portions of video products are | |
| |open-captioned, meaning that all viewers see the captioned | |
| |information. | |
| | | |
| | | |
| | | |
|ρ |1. Internet resources and digital multimedia programs intended for use by the general population of pupils in kindergarten through|
| |grade 8, at least meet the standards for accessibility, as set forth in Section 508 of the Rehabilitation Act of 1973 and |
| |regulations implementing that act as set forth in Part 1194 of Title 36 of the Code of Federal Regulations. |
|ρ |2. If Internet resources and digital multimedia programs do not meet the standards for accessibility, they meet the following |
| |exceptions: |
| |Exception |ISBN – Internet Resources/Digital Multimedia Program Name |
|ρ |a. Meeting those standards would fundamentally alter the nature | |
| |of the instructional activity. | |
| | | |
| | | |
| | | |
| | | |
|ρ |b. Meeting those standards would result in those resources or | |
| |programs placing an undue financial and administrative burden on | |
| |the state agencies, school districts, or schools that would access| |
| |or utilize the resources or programs, as determined by affected | |
| |agencies in collaboration with the publishers. | |
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |
|ρ |c. Meeting those standards would cause those resources or | |
| |programs to fail to meet standards otherwise required by statute | |
| |or regulation. | |
| | | |
| | | |
| | | |
|ρ |1. To facilitate access by pupils with disabilities who are progressing in the general curriculum, to the extent technologically |
| |feasible, a digital multimedia program shall allow the user to control sizing of images and fonts, speed and volume of audio, |
| |colors or contrast. |
|ρ |2. The publisher cannot meet these requirements and will provide the California Department of Education, upon request, with |
| |computer files or other electronic versions of textual content of basic instructional materials compatible with braille |
| |transcription, meeting department specifications at no additional cost, and as a condition of sale. |
Attachment H: Publisher Tool Kit for CSMT
Under EC Section 60061, you are responsible for providing the files needed in order to accomplish accessibility. In order to meet legal accessibility requirements for students with disabilities the Clearinghouse for Specialized Media and Translations (CSMT) provides multiple formats for students with disabilities. The goal is to provide accessible materials to students with disabilities at the same time as their non-disabled peers. This tool kit provides information regarding file responsibilities for publishers.
BACKGROUND
In the past publishers have submitted rich text files (RTF) to the CSMT. These files are used by transcribers to provide braille to students who are blind. The Center for Applied Special Technology (CAST) developed a new model for submitting files of textbooks to expedite the process; National Instructional Materials Accessibility Standard (NIMAS) files. The NIMAS files can potentially be used to create braille, large print, and electronic formats of the instructional material. These files can be very large and present problems for those not able to download large files.
To alleviate this concern, until the NIMAS files are accessed, publishers shall provide portable document format (PDF) and the NIMAS files directly to the CSMT, as well as providing the NIMAS files to the National Instructional Materials Accessibility Center (NIMAC). Additionally, we request a Joint Photographic Experts Group (jpeg) file on a compact disc (CD) of all student material book covers.
NIMAC and NIMAS Requirements
• NIMAS: National Instructional Materials Accessibility Standard
o Files that publishers produce of: textbooks, workbooks, libraries, assessments, and other ancillary instructional materials.
• NIMAC: National Instructional Materials Accessibility Center ( )
o Repository where files are kept electronically.
• CAST: Center for Applied Special Technology ()
o Agency that developed the software to create NIMAS files providing training and support.
Publishers shall submit the NIMAS files to the NIMAC when the programs they have submitted for adoption are approved by the State Board of Education (SBE).
The NIMAC will provide to publishers information on how to submit a file with step-by-step instructions. Publishers will receive an information packet from the CAST. The NIMAS provides a Frequently Asked Question (FAQ) Web site at ( ) to answer publisher concerns.
The process to create and have files approved by the NIMAC can be lengthy, therefore preparation is advised. Once files have been accepted they are available in the NIMAC for retrieval by state educational agencies (SEAs). The SEA becomes the Authorized User who has the responsibility to assign files for Accessible Media Producers (AMPs) who then provide braille, large print, audio, and digital talking books for students.
Link providing specifications for rich text file submission CSMT: () [Note: the preceding link is now invalid.] The specifications can be found by clicking on the word ‘more’ under What’s New found on the left below the blue options.
CREATING NIMAS FILES
(Information Provided by CAST)
For information on creating NIMAS files, please visit the NIMAS Web site at ( )
The key documents are “Creating NIMAS Files”, followed by “NIMAS Files Best Practices,” and “exemplars”—the latter is a series of ten highly detailed NIMAS examples covering a wide range of content and circumstances.
Creating the NIMAS Files
( )
Practical guidelines for creating the NIMAS-conformant XML files, including information on validating files and preparing images and package files. Specific information about the NIMAS 1.1 required attributes have been added to this page. Updates have also been provided to the file validation section to highlight the NIMAC client validation which should be used by publishers and their contractors to test files prior to submission to the NIMAC. Guidance regarding Multipurpose Internet Mail Extension (MIME) types is now provided.
NIMAS Files Best Practices
( )
This document provides specific, practical best practices for preparing NIMAS file sets based on the NIMAS Technical Assistance Center technical support and consensus of members of the NIMAS Technical Assistance and Development centers.
Exemplars
( )
Sample materials intended as resources for those creating and learning about NIMAS files.
DTB Comparison Chart
()
[Note: the preceding link is now invalid.]
A chart that compares the NIMAS 1.1, DAISY 2002, and DAISY 2005 DTBs.
In addition, you can find complete information for tagging NIMAS content in the “DAISY (Digital Accessible Information System) Structure Guidelines” document at
( ). This extensive online compilation shows actual textbook pages and the corresponding NIMAS, and the more extensive DAISY, markup.
Developing NIMAS File sets
The following includes links and information are provided to help navigate the NIMAS and DAISY Web sites.
Market Model Initiatives
()
[Note: the preceding link is now invalid.]
A number of important points should be considered as publishers for kindergarten through grade twelve moves forward with plans to implement a market model for providing specialized formats to students.
Content Development and Design
()
[Note: the preceding link is now invalid.]
Includes recommendations, standards, guidelines; production and tools including braille production software and services; information about making Mathematics and Science accessible; accessible PDF development; and scanning.
Authorized Entities: Development and Distribution of Specialized Formats ( )
Information about authorized entities including a definition of the term and examples.
Content Conversion Services
()
[Note: the preceding link is now invalid.]
Information about content conversion companies, including definitions of services and examples.
NIMAS Technical Specification
( )
The technical specification pertaining to the NIMAS includes the baseline element list, the optional element list, and specifications regarding package files.
NIMAS Document Type Definition (DTD)
() [Note: the preceding link is now invalid.]
The dtbook 2005-2 DTD is the NIMAS 1.1 DTD. This URL will take you directly to the DAISY/NISO Standard Z39.86-2005-2 DTD.
NIMAS/DAISY Document Type Definition (DTD) in HTML () [Note: the
preceding link is now invalid.] This URL will take you directly to a live version of the DAISY/NISO Standard Z39.86-2005-2 DTD in HTML prepared by Bruce Hubbard.
Attachment I: Shipping and Item Label Examples
Labels should be placed in easily visible locations (e.g., bottom of the back of a book, next to the spine). Do not place labels on shipping packages, shrink-wrap, or other items that may be discarded.
Each shipping box should be clearly labeled “2014 Mathematics Primary Adoption” and indicate how many boxes are included in the full program (example: Box 2 of 8). Labels should be affixed to one or more side surfaces so that the label is readable when the boxes are stacked and should include publisher name, company division name, program type, series title, and grade level(s). The complete packing list should be included in the first box.
Shipping label (K–8 Grade Level Program)
| |
|2014 Mathematics Primary Adoption |
|ABC Publishing |
|123 Division |
|Mathematics Basic Program (6-8) |
|ABC Mathematics Today |
|Grade 6 |
| |
|Box 2 of 6 |
Item label (K–8 Grade Level Program)
| |
|2014 Mathematics Primary Adoption |
|Sequence Code No.: 00040 |
|Program Type: Mathematics Basic Program |
|Publisher Name: ABC Publishing |
|Series Title: ABC Mathematics Today |
|Grade Level: 6-8 |
|Item Title: Student Edition |
|ISBN: 9781234567899 |
|Copyright: 2013 |
Glossary
5 CCR
California Code of Regulations, Title 5
Adoption
The process by which instructional materials in reading/language arts shall be adopted by the State Board of Education (SBE) under the authority of the California Education Code (EC) sections 60200, 60200.2, and 60200.5. EC Section 60200 requires adoptions to be held no less than two times every eight years in the subjects of language arts, mathematics, science, social science, health, world language, and visual and performing arts.
Adoption Report
The official report on an adoption from the SBE.
Basic Instructional Materials
Defined under EC Section 60010 (a) as “instructional materials that are designed by use by pupils as a principal learning resource and that meet in organization and content the basic requirements of the intended course.”
CDE
California Department of Education.
CFIRD
Curriculum Frameworks and Instructional Resources Division
CRE
Content Review Experts are subject-matter experts (most often those with advanced degrees in the field) who review the submitted instructional materials for accuracy, adequate coverage, current and confirmed research, and alignment with the subject area academic content standards.
CSMT
Clearinghouse for Specialized Media and Technology produces accessible versions of textbooks, workbooks, and literature books adopted by the State Board of Education, California Department of Education, 1430 N Street, Suite 3207, Sacramento, California 95814. Telephone: 916-319-0881. Fax Number: 916-323-9723. Contact: Jonn Paris-Salb 916-319-2302.
Instructional Quality Commission
The Instructional Quality Commission as referenced in EC sections 33530 and 60204.
Instructional Quality Commission Advisory Report
Is produced by the Instructional Quality Commission to indicate whether each set of instructional materials submitted for adoption meets the content standards, evaluation criteria, and social content standards for a particular adoption.
EC
California Education Code
Evaluation Criteria
Criteria for Evaluating Instructional Materials: Kindergarten Through Grade Eight, are adopted by the SBE for the evaluation of submitted instructional materials.
Evaluation Criteria Map
Document that must be completed by publishers participating in a primary adoption: it contains citations that show (map) where each of the programs submitted for adoption meet the evaluation criteria.
Follow-up adoption
A follow-up adoption is any adoption other than the primary adoption that occurs within an eight-year cycle established pursuant to Education Code Section 60200(b).
IMR
Instructional Materials Reviewers who review the instructional materials for content accuracy, adherence to the evaluation criteria adopted by the SBE (as to Content/Alignment with the Standards, Program Organization, Assessment, Universal Access, and Instructional Planning and Support) and alignment with the corresponding subject area academic content standards.
LRDC
Learning Resources Display Centers. Established under EC Section 60202 and 5 CCR Section 9519, as places where instructional materials submitted by publishers are displayed for the public to review.
Primary adoption
The first adoption of instructional materials based on new criteria that establishes a new adoption list.
Publishers
Publishers, producers, and/or manufacturers of instructional materials as used in the Education Code and 5 CCR.
Report of Findings (IMR/CRE Report of Findings)
Report compiled by the CDE and contains the determinations of all the IMR and CRE review panels as to whether the instructional materials reviewed by each panel meet the content standards, evaluation criteria, and social content standards for a particular adoption.
SBE
California State Board of Education. Established under the California Constitution, Article IX, Section 7, and EC Section 33000, et seq.
SC Review
Social Content Review. Following the guidelines in the Standards for Evaluating Instructional Materials for Social Content, SC reviewers evaluate instructional materials to determine if the program content meets the social content standards for the depiction of male and female roles, ethnic and cultural groups, older persons and the aging process, people with disabilities, entrepreneur and labor, religion, the presence of brand names and corporate logos, dangerous substances, etc.
Standards Map
Document that must be completed by publishers participating in an adoption: it contains citations that show (map) where each of the programs submitted for adoption meet the content outlined in the subject area content standards.
Technology-based programs
Submitted instructional programs that are available through computer technology.
Universal Access
The ultimate goal of all instructional programs that are adopted in California is to ensure universal access to high-quality curriculum and instruction so that all students can meet or exceed the state’s content standards.
Universal design
Integrated design strategies that accommodate the learning needs of the widest range of students possible, including students with disabilities.
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[1] Applications will continue to be accepted until sufficient reviewers are selected. If necessary, reviewers will serve provisionally until SBE action.
[2] May be a conference call and/or Mathematics Subject Matter Committee meeting.
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