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CALIFORNIA STATUTES AND CODES
SECTIONS 60040-60052
EDUCATION CODE
SECTION 60040-60052
60040. 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, European Americans, 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. 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. 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. 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. No instructional materials shall be adopted by any governing board for use in the schools which, in its determination, contains: (a) Any matter reflecting adversely upon persons because of their race, color, creed, national origin, ancestry, sex, handicap, or occupation. (b) Any sectarian or denominational doctrine or propaganda contrary to law. 60045. (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. Any governing board may conduct an investigation of the compliance of any instructional materials which it adopts with the requirements of this article. 60047. 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. (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. 60051. (a) The department shall, as a pilot program, authorize 12 schools to request publishers to make instructional materials available for purchase in an electronic multimedia format pursuant to subdivision (e). A school district shall apply on behalf of a school to participate in the pilot program. Before authorizing a school to participate in the pilot program, the department shall certify that the school district that is applying on behalf of the school has no unmet needs for instructional materials. A school district shall seek funding from the federal Enhancing Education Through Technology Program or through the No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) or other discretionary funds for purposes of the pilot program. Participating schools may also use moneys from the State Instructional Materials Fund, pursuant to Article 3 (commencing with Section 60240) of Chapter 2 of Part 33, for purchase of instructional materials for the pilot program. (b) The 12 schools shall be selected as follows: (1) Four schools located in the northern region of the state, two of which are located in urban or suburban areas, and two of which are located in rural areas. No less than one of the four schools shall be a school ranked in deciles 1 to 3, inclusive, of the 2003 Academic Performance Index, as defined in subdivision (b) of Section 17592.70. (2) Four schools located in the central region of the state, two of which are located in urban or suburban areas, and two of which are located in rural areas. No less than one of the four schools shall be a school ranked in deciles 1 to 3, inclusive, of the 2003 Academic Performance Index, as defined in subdivision (b) of Section 17592.70. (3) Four schools located in the southern region of the state, two of which are located in urban or suburban areas, and two of which are located in rural areas. No less than one of the four schools shall be a school ranked in deciles 1 to 3, inclusive, of the 2003 Academic Performance Index, as defined in subdivision (b) of Section 17592.70. (c) The department shall notify the school districts about the pilot program through the use of their Internet Web site and electronic mail by March 1, 2007. (d) The deadline to apply for the pilot program is September 1, 2007. The department shall select the schools for the pilot program by December 31, 2007. (e) (1) Upon adoption by the state board of basic instructional materials for use in kindergarten and grades 1 to 8, inclusive, a publisher that makes the instructional materials available to a school district in a hard copy format may, on a voluntary basis, and at the request of a school district selected for the pilot program, make the instructional materials available for purchase by that school district in an electronic multimedia format. (2) Upon adoption of basic instructional materials for use in grades 9 to 12, inclusive, by the governing board of a school district that maintains a high school, a publisher that makes the instructional materials available to a school district in a hard copy format may, on a voluntary basis, and at the request of a school district selected for the pilot program, make the instructional materials available for purchase by that school district in an electronic multimedia format. (3) This subdivision applies to a publisher only if the owner of the copyright for the instructional materials grants to the publisher the electronic reproduction rights for those materials. (4) A school district that purchases instructional materials in an electronic multimedia format pursuant to this subdivision shall comply with the instructional materials requirements of this part pertaining to those particular instructional materials. (5) (A) A school district that purchases instructional materials in an electronic multimedia format pursuant to this subdivision shall do both of the following: (i) Provide a pupil that receives instructional materials in an electronic multimedia format access to a working computer that can operate the programs necessary to view the instructional materials. (ii) Purchase sufficient instructional materials in a hard copy format to use as a replacement of instructional materials in an electronic multimedia format for a pupil who does not have access to a working computer that can operate the programs necessary to view the instructional materials, and who has requested, or whose parent or guardian has requested, instructional materials in a hard copy format. (B) If a pupil does not have access to a working computer that can operate the programs necessary to view the instructional materials, the school district shall provide the pupil with instructional materials in a hard copy format. (6) If a publisher is unable to provide adopted instructional materials in an electronic multimedia format pursuant to this subdivision, the state board may authorize a school that participates in the pilot program to select and use alternate instructional materials in an electronic multimedia format that are aligned with state content standards and have been reviewed by the California Learning Resources Network. (7) This subdivision applies only to basic instructional materials for kindergarten and grades 1 to 8, inclusive, that are adopted by the state board on or after January 1, 2000, and to basic instructional materials for grades 9 to 12, inclusive, that are adopted by the governing board of a school district on or after January 1, 2000. (f) A school that participates in the pilot program shall ensure that each pupil is provided with the electronic equipment necessary to utilize instructional materials in an electronic format. If the electronic equipment requires repair or maintenance, the school shall ensure that a pupil is not denied access to a computer for more than two consecutive schooldays. (g) By December 31, 2011, the department shall evaluate the effectiveness of the pilot program, and shall report on the results of the evaluation to the Governor and the appropriate committees of the Legislature. (h) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2016, deletes or extends that date. 60052.
SECTION 60040-60052
60040. 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, European Americans, 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. 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. 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. 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. No instructional materials shall be adopted by any governing board for use in the schools which, in its determination, contains: (a) Any matter reflecting adversely upon persons because of their race, color, creed, national origin, ancestry, sex, handicap, or occupation. (b) Any sectarian or denominational doctrine or propaganda contrary to law. 60045. (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. Any governing board may conduct an investigation of the compliance of any instructional materials which it adopts with the requirements of this article. 60047. 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. (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. 60051. (a) The department shall, as a pilot program, authorize 12 schools to request publishers to make instructional materials available for purchase in an electronic multimedia format pursuant to subdivision (e). A school district shall apply on behalf of a school to participate in the pilot program. Before authorizing a school to participate in the pilot program, the department shall certify that the school district that is applying on behalf of the school has no unmet needs for instructional materials. A school district shall seek funding from the federal Enhancing Education Through Technology Program or through the No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) or other discretionary funds for purposes of the pilot program. Participating schools may also use moneys from the State Instructional Materials Fund, pursuant to Article 3 (commencing with Section 60240) of Chapter 2 of Part 33, for purchase of instructional materials for the pilot program. (b) The 12 schools shall be selected as follows: (1) Four schools located in the northern region of the state, two of which are located in urban or suburban areas, and two of which are located in rural areas. No less than one of the four schools shall be a school ranked in deciles 1 to 3, inclusive, of the 2003 Academic Performance Index, as defined in subdivision (b) of Section 17592.70. (2) Four schools located in the central region of the state, two of which are located in urban or suburban areas, and two of which are located in rural areas. No less than one of the four schools shall be a school ranked in deciles 1 to 3, inclusive, of the 2003 Academic Performance Index, as defined in subdivision (b) of Section 17592.70. (3) Four schools located in the southern region of the state, two of which are located in urban or suburban areas, and two of which are located in rural areas. No less than one of the four schools shall be a school ranked in deciles 1 to 3, inclusive, of the 2003 Academic Performance Index, as defined in subdivision (b) of Section 17592.70. (c) The department shall notify the school districts about the pilot program through the use of their Internet Web site and electronic mail by March 1, 2007. (d) The deadline to apply for the pilot program is September 1, 2007. The department shall select the schools for the pilot program by December 31, 2007. (e) (1) Upon adoption by the state board of basic instructional materials for use in kindergarten and grades 1 to 8, inclusive, a publisher that makes the instructional materials available to a school district in a hard copy format may, on a voluntary basis, and at the request of a school district selected for the pilot program, make the instructional materials available for purchase by that school district in an electronic multimedia format. (2) Upon adoption of basic instructional materials for use in grades 9 to 12, inclusive, by the governing board of a school district that maintains a high school, a publisher that makes the instructional materials available to a school district in a hard copy format may, on a voluntary basis, and at the request of a school district selected for the pilot program, make the instructional materials available for purchase by that school district in an electronic multimedia format. (3) This subdivision applies to a publisher only if the owner of the copyright for the instructional materials grants to the publisher the electronic reproduction rights for those materials. (4) A school district that purchases instructional materials in an electronic multimedia format pursuant to this subdivision shall comply with the instructional materials requirements of this part pertaining to those particular instructional materials. (5) (A) A school district that purchases instructional materials in an electronic multimedia format pursuant to this subdivision shall do both of the following: (i) Provide a pupil that receives instructional materials in an electronic multimedia format access to a working computer that can operate the programs necessary to view the instructional materials. (ii) Purchase sufficient instructional materials in a hard copy format to use as a replacement of instructional materials in an electronic multimedia format for a pupil who does not have access to a working computer that can operate the programs necessary to view the instructional materials, and who has requested, or whose parent or guardian has requested, instructional materials in a hard copy format. (B) If a pupil does not have access to a working computer that can operate the programs necessary to view the instructional materials, the school district shall provide the pupil with instructional materials in a hard copy format. (6) If a publisher is unable to provide adopted instructional materials in an electronic multimedia format pursuant to this subdivision, the state board may authorize a school that participates in the pilot program to select and use alternate instructional materials in an electronic multimedia format that are aligned with state content standards and have been reviewed by the California Learning Resources Network. (7) This subdivision applies only to basic instructional materials for kindergarten and grades 1 to 8, inclusive, that are adopted by the state board on or after January 1, 2000, and to basic instructional materials for grades 9 to 12, inclusive, that are adopted by the governing board of a school district on or after January 1, 2000. (f) A school that participates in the pilot program shall ensure that each pupil is provided with the electronic equipment necessary to utilize instructional materials in an electronic format. If the electronic equipment requires repair or maintenance, the school shall ensure that a pupil is not denied access to a computer for more than two consecutive schooldays. (g) By December 31, 2011, the department shall evaluate the effectiveness of the pilot program, and shall report on the results of the evaluation to the Governor and the appropriate committees of the Legislature. (h) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2016, deletes or extends that date. 60052.
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