SECTIONS 60060-60062 - California Statutes

EDUCATION CODE

SECTION 60060-60062

60060. 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. (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. 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. (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. The provisions of Section 60061 shall apply to the purchase
of instructional materials under Sections 18132 and 18171.