SECTIONS 60200-60206 - California Statutes

EDUCATION CODE

SECTION 60200-60206

60200. 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
categories:
(1) Language arts, including, but not limited to, spelling and
reading. However, the state board may not adopt basic instructional
materials in this category or the category specified by paragraph (2)
in the year succeeding the year in which the state board adopts
basic instructional materials in this category for the same grade
level.
(2) Mathematics. However, the state board may not adopt basic
instructional materials in this category or the category specified by
paragraph (1) in the year succeeding the year in which the state
board adopts basic instructional materials in this category 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 (5), inclusive, of
subdivision (a) not less than two times every six years and in any
of the subject areas pursuant to paragraph (6) of subdivision (a) not
less than two times every eight years. The state board shall ensure
that curriculum frameworks are reviewed and adopted in each subject
area consistent with the six- and eight-year submission cycles 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) 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.
(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) Adequately cover the subject area for 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 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 30 months prior to 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 upon 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 commission 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) If a district board establishes to the satisfaction of the
state board that the state-adopted instructional materials do not
promote the maximum efficiency of pupil learning in the district, the
state board shall authorize that district governing board to use its
instructional materials allowances to purchase materials as
specified by the state board, in accordance with standards and
procedures established by the state board.
(h) 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.
(i) 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. Lists of adopted materials shall be made available by
subject and grade level. The lists shall terminate and shall no
longer be effective on the date prescribed by the state board
pursuant to this subdivision.
(j) 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.
(k) A composite listing in the format of an order form may be used
to meet the requirements of this section.
(l) The lists maintained pursuant to this section shall not be
deemed to control the use period by any school district.
(m) 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).
(n) 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.
(o) The state board may adopt regulations that provide for other
exceptions to this section, as determined by the board.
(p) The Superintendent shall develop, and the state board shall
adopt, guidelines to implement this section.

60200.1. (a) (1) The instructional materials described in paragraph
(1) of subdivision (a) of Section 60200 shall be submitted to the
state board for adoption in 2008.
(2) The instructional materials for foreign languages shall be
submitted to the state board for adoption in 2012.
(3) The instructional materials for health shall be submitted to
the state board for adoption in 2013.
(b) Notwithstanding any other provision of law, the requirement in
paragraph (6) of subdivision (c) of Section 60200 that other
criteria be approved at least 30 months before the date that the
materials are to be approved for adoption shall not apply if all of
the following conditions are met:
(1) The criteria adopted are consistent with the content standards
adopted by the state board in each of the four core content areas
for which standards are adopted.
(2) The schedule for the adoption of instructional materials
requires instructional materials for history-social science to be
adopted in November 2011, and instructional materials for science to
be adopted by November 2012.
(3) The state board approves criteria for the adoption of
instructional materials in history-social science at least 18 months
before the state board adopts instructional materials in
history-social science.
(4) The state board approves the criteria for the adoption of
instructional materials for science at least 24 months before the
state board adopts instructional materials in science.

60200.2. (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. (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 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 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 the 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. 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
2013-14 school year.

60201. 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. 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. The state board shall give the commission a public hearing
before making any adoption of instructional materials for use in the
elementary schools of the state.

60204. The commission shall:
(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 such
information.
(c) Study and evaluate instructional materials submitted for
adoption.
(d) Recommend to the state board instructional materials that it
approves for adoption.
(e) Review and have the authority to adopt the educational films
or video recordings produced in accordance with Article 3 (commencing
with Section 52740) of Chapter 11 of Part 28.
(f) 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.

60206. 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.