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AB-1148 Instructional Materials Funding Realignment Program.(2007-2008)

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Enrolled  September 20, 2007
Passed  IN  Senate  September 06, 2007
Passed  IN  Assembly  September 10, 2007
Amended  IN  Senate  August 31, 2007
Amended  IN  Senate  July 18, 2007
Amended  IN  Senate  July 05, 2007
Amended  IN  Assembly  June 01, 2007
Amended  IN  Assembly  May 02, 2007
Amended  IN  Assembly  April 18, 2007

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 1148

Introduced  by  Assembly Member Brownley
 (Principal Coauthor(s): Senator Torlakson)

February 23, 2007

An act to amend Sections 60201, 60421, and 60422 of, and to add Section 60207 to, the Education Code, relating to instructional materials.


LEGISLATIVE COUNSEL'S DIGEST


AB 1148, Brownley. Instructional Materials Funding Realignment Program.
(1) Under existing law, the State Instructional Materials Fund is a means of annually funding the acquisition of instructional materials and is administered by the State Department of Education under policies established by the State Board of Education.
This bill would require the department to provide to the Secretary for Education, the Senate and Assembly Budget Subcommittees on Education Finance, and the Department of Finance, copies of price quotations submitted by publishers in connection with instructional materials adopted by the state board, a summary of the requirements imposed on publishers in connection with instructional materials to be adopted, and an estimate of the cost to provide a complete set of the instructional materials adopted by the state board in each subject and grade level.
(2) Existing law requires the state board, upon making an adoption of instructional materials, to make available a listing of those materials and requires the state board to retain, delete, or add to the list certain materials.
This bill would require the state board to identify the essential components of instructional materials that, if purchased by local educational agencies, will meet the requirements of full alignment to the content standards for the grade levels in which the materials are to be used and require publishers to identify these components on the lists and order forms they provide to local educational agencies.
(3) Existing law establishes the Instructional Materials Funding Realignment Program that requires the State Department of Education to apportion funds appropriated for purposes of the program to school districts to ensure that each pupil is provided with a standards-aligned textbook or basic instructional materials as adopted by the state board subsequent to the adoption of content standards for kindergarten and grades 1 to 8, inclusive, or as adopted by the local governing board for grades 9 to 12, inclusive. The program becomes inoperative on July 1, 2007, and is repealed on January 1, 2008.
This bill would state the intent of the Legislature that school districts be provided with as many standards-aligned instructional material options as possible, so that educators may have many rigorous options in choosing the best materials that meet the needs of all pupils, including English learners and pupils with disabilities, and that ensure that their pupils are able to master the academic content standards.
(4) This bill would require the Superintendent of Public Instruction, by January 1, 2009, to consider the process whereby publishers of instructional materials provide to school districts, free of charge, items that are ancillary to state-adopted instructional materials and recommend to the Legislature whether that process should be prohibited or modified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 60201 of the Education Code is amended to read:

60201.
 In approving and maintaining lists of adopted instructional materials pursuant to subdivision (i) of Section 60200, the state board shall 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 that it determines is obsolete pursuant to Section 60500, or that 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 that have been revised to comply with any recommendations of the state board.
(d) Identify the essential components of instructional materials that, if purchased by local educational agencies, will meet the requirements of full alignment to the content standards for the grade levels in which the materials are to be used and require publishers to identify these components on the lists and order forms they provide to local educational agencies.

SEC. 2.

 Section 60207 is added to the Education Code, to read:

60207.
 On or before December 1 of each calendar year, the department shall provide to the Secretary for Education, the Assembly and Senate Budget Subcommittees on Education Finance, and the Department of Finance all of the following:
(a) Copies of the price quotations for the essential components identified pursuant to subdivision (d) of Section 60201 and submitted pursuant to subdivision (g) of Section 9517 of Title 5 of the California Code of Regulations for instructional materials adopted by the state board in the current calendar year and current adoption cycle. The department shall not include, on the copies provided pursuant to this section, the name of the publisher that submitted the price quotation.
(b) A summary of the requirements imposed by the state on publishers with regard to the instructional materials to be adopted in the current calendar year.
(c) An estimate of the net cost to purchase a complete set of the instructional materials adopted by the state board in each subject and grade level. The department shall use the price quotations provided pursuant to subdivision (a) and statewide pupil enrollment data from the Department of Finance. The estimate shall be done by grade level and program.

SEC. 3.

 Section 60421 of the Education Code is amended to read:

60421.
 (a) The department shall apportion funds appropriated for purposes of this chapter to school districts on the basis of an equal amount per pupil enrolled in kindergarten and grades 1 to 12, inclusive, in the prior year, excluding summer school, adult, and regional occupational center and regional occupational programs enrollment. Enrollment shall be certified by the Superintendent and based on data as reported by the California Basic Education Data System count. A school district in its first year of operation or of expanding grade levels at a schoolsite shall be eligible to receive funding pursuant to this chapter based on enrollment estimates provided to the department by the school district. As a condition of receipt of funding, a school district or charter school in its first year of operation or of expanding grade levels at a schoolsite shall provide enrollment estimates, as approved by the school district governing board and the county office of education in which the school district is located. These estimates and associated funding shall be adjusted for actual enrollment as reported by the subsequent California Basic Education Data System.
(b) For purposes of this chapter, the term “school district” means a school district or county office of education, and the term “local governing board” means the governing board of a school district or county board of education.
(c) Allowances established pursuant to this chapter shall be apportioned to school districts in September of each fiscal year.
(d) Notwithstanding any other provision of law, pursuant to subdivision (g) of Section 60200, the state board may authorize a school district to use a state basic instructional materials allowance to purchase standards-aligned materials as specified within this part.
(e) It is the intent of the Legislature that school districts be provided with as many standards-aligned instructional material options as possible, so that educators may have many rigorous options in choosing the best materials that meet the needs of all pupils, including English learners and pupils with disabilities, and that ensure that their pupils are able to master the academic content standards.

SEC. 4.

 Section 60422 of the Education Code is amended to read:

60422.
 (a) A local governing board shall use funding received pursuant to this chapter to ensure that each pupil is provided with a standards-aligned textbook or basic instructional materials, as adopted by the state board subsequent to the adoption of content standards pursuant to Section 60605 for kindergarten and grades 1 to 8, inclusive, or as adopted by the local governing board pursuant to Sections 60400 and 60411, for grades 9 to 12, inclusive. Pupils shall be provided with standards-aligned textbooks or basic instructional materials by the beginning of the first school term that commences no later than 24 months after those materials were adopted by the state board.
(b) It is the intent of the Legislature that school districts be provided with as many standards-aligned instructional material options as possible, so that educators may have many rigorous options in choosing the best materials that meet the needs of all pupils, including English learners and pupils with disabilities, and that ensure that their pupils are able to master the academic content standards.
(c) Once a governing board certifies compliance with subdivision (a) with regard to standards-aligned instructional materials in the core curriculum areas of reading/language arts, mathematics, science, and history/social sciences, and if the governing board of a school district has met the eligibility requirements of Section 60119, the remaining funds may only be used consistent with subdivision (a) of Section 60242 and pursuant to Section 60242.5.
(d) The state board may grant the school district additional time to meet the purchasing requirements of subdivision (a) if the governing board of the school district demonstrates, to the satisfaction of the state board, that all of the following criteria apply to the district:
(1) The school district has implemented a well-designed, standards-aligned basic instructional materials program.
(2) The school district, at the time of its request for additional time pursuant to this subdivision, has sufficient textbooks or basic instructional materials for use by each pupil.
(3) The school district has adopted a plan for the purchase of standards-aligned instructional materials in accordance with subdivision (a), but that plan indicated an alternative date for compliance that is declared in the request for additional time.

SEC. 5.

 On or before January 1, 2009, the Superintendent of Public Instruction shall consider the process whereby publishers of instructional materials provide to school districts, free of charge, items that are ancillary to the instructional materials adopted by the state board and shall recommend to the Legislature whether that process should be prohibited or modified.