(a) If the Superintendent determines that a school district has not provided sufficient textbooks or instructional materials pursuant to clause (i) of subparagraph (B) of paragraph (5) of subdivision (i) of Section 1240 or subdivision (d) of Section 35186, the department shall take all remedial actions described in subparagraph (B) of paragraph (5) of subdivision (i) of Section 1240, including purchasing textbooks and instructional materials.
(b) (1) A school district that the Superintendent determines has not provided sufficient textbooks or instructional materials pursuant to subdivision (a) shall be assessed a financial penalty equal to the amount of funding the school district would have received for the 2012–13 fiscal year for the
Instructional Materials Block Grant pursuant to Item 6110-189-0001 of Section 2.00 of the Budget Act of 2012, prior to the reduction pursuant to Section 12.42 of the Budget Act of 2012, as adjusted annually for cost of living pursuant to paragraph (2) of subdivision (d) of Section 42238.02 for the 2013–14 fiscal year through the fiscal year in which the school district was determined to have failed to provide sufficient textbooks or instructional materials.
(2) The financial penalty applied pursuant to paragraph (1) shall be a reduction to the principal apportionment made to the school district for the applicable fiscal year pursuant to Section 41330, 41332, or 41335, as applicable. However, a reduction pursuant to this subdivision shall not reduce the final apportionment below the amount necessary to meet the requirements of Section 6 of Article IX of the California Constitution, as specified in Section 41975, and Section 36 of Article XIII of
the California Constitution.
(Amended by Stats. 2024, Ch. 38, Sec. 83. (SB 153) Effective June 29, 2024.)
(a) If the Superintendent determines, pursuant to a complaint filed with the Superintendent directly or an appeal of a local educational agency decision regarding a complaint, that a local educational agency violated subdivision (a) of Section 244, the department shall notify the local educational agency that it must take corrective action. If corrective action is not taken within 60 days, the department may use any means authorized by law to effect compliance.
(b) A local educational agency that the Superintendent determines violated subdivision (a) of Section 244 shall be assessed a financial penalty against its local control funding formula allocation pursuant to Section 42238.02 or Section 42238.03, as applicable. The amount withheld shall
not exceed the local educational agency’s total expenditures on the textbooks, instructional materials, supplemental instructional materials, or curriculum found to violate subdivision (a) of Section 244.
(Added by Stats. 2024, Ch. 38, Sec. 84. (SB 153) Effective June 29, 2024.)