SECTIONS 60240-60252 - California Statutes

EDUCATION CODE

SECTION 60240-60252

60240. (a) The State Instructional Materials Fund is hereby
continued in existence in the State Treasury. The fund shall be a
means of annually funding the acquisition of instructional materials
as required by the Constitution of the State of California.
Notwithstanding Section 13340 of the Government Code, all money in
the fund is continuously appropriated to the State Department of
Education without regard to fiscal years for carrying out the
purposes of this part. It is the intent of the Legislature that the
fund shall provide for flexibility of instructional materials,
including classroom library materials.
(b) The State Department of Education shall administer the fund
under policies established by the state board.
(c) (1) The state board shall encumber part of the fund to pay for
accessible instructional materials pursuant to Sections 60312 and
60313 to accommodate pupils who are visually impaired or have other
disabilities and are unable to access the general curriculum.
(2) The state board may encumber funds, in an amount not to exceed
two hundred thousand dollars ($200,000), for replacement of
instructional materials, obtained by a school district with its
allowance that are lost or destroyed by reason of fire, theft,
natural disaster, or vandalism.
(3) The state board may encumber funds for the costs of
warehousing and transporting instructional materials it has acquired.
(d) The department may expend up to five million dollars
($5,000,000) from the fund to acquire instructional materials for
school districts pursuant to subdivision (i) of Section 1240. The
fund shall be replenished by amounts repaid by school districts or
deducted from apportionments to school districts by the Controller
pursuant to subdivision (i) of Section 1240.

60242. (a) The state board shall encumber the fund for the purpose
of establishing an allowance for each school district, which may
reflect increases or decreases in enrollment, that the district may
use for the following purposes:
(1) To purchase instructional materials adopted by the state board
pursuant to Section 60200 for kindergarten and grades 1 to 8,
inclusive, or by the governing board pursuant to Section 60400 for
grades 9 to 12, inclusive. A school district may purchase with funds
received pursuant to Chapter 3.25 (commencing with Section 60420)
instructional materials for the visual and performing arts, foreign
language, health, or other curricular area if those materials are
adopted by the state board pursuant to Section 60200 for kindergarten
and grades 1 to 8, inclusive, or by the governing board pursuant to
Section 60400 for grades 9 to 12, inclusive, and if the school
district certifies that it has provided each pupil with a
standards-aligned textbook or basic instructional materials in
reading/language arts, mathematics, history/social science, and
science.
(2) To purchase, at the discretion of the district, instructional
materials, including, but not limited to, supplementary instructional
materials and technology-based materials, from any source.
(3) To purchase tests.
(4) To bind basic textbooks that are otherwise usable and are on
the most recent list of basic instructional materials adopted by the
State Board and made available pursuant to Section 60200.
(5) To fund in-service training related to instructional
materials.
(6) To purchase classroom library materials for kindergarten and
grades 1 to 4, inclusive.
(b) The state board shall specify the percentage of the allowance
of a district that is authorized to be used for each of the purposes
identified in subdivision (a).
(c) Allowances established for school districts pursuant to this
section shall be apportioned in September of each fiscal year.
(d) (1) A school district that purchases classroom library
materials, as a condition of receiving funding pursuant to this
article, shall develop a districtwide classroom library plan for
kindergarten and grades 1 to 4, inclusive, and shall receive
certification of the plan from the governing board of the school
district. A school district shall include in the plan a means of
preventing loss, damage, or destruction of the materials.
(2) In developing the plan required by paragraph (1), a school
district is encouraged to consult with school teacher librarians and
primary grade teachers and to consider selections included in the
list of recommended books established pursuant to Section 19336. If a
school teacher librarian is not employed by the school district, the
district is encouraged to consult with a school teacher librarian
employed by the local county office of education in developing the
plan.
(3) To the extent that a school district or county office of
education already has a plan meeting the criteria specified in
paragraphs (1) and (2), no new plan is required to establish
eligibility.

60242.5. Allowances received by districts pursuant to subdivisions
(a) and (b) of Section 60242 shall be deposited into a separate
account as specified by the Superintendent of Public Instruction.
These allowances, including any interest generated by them, shall be
used only for the purchase of instructional materials, tests,
classroom library materials, or in-service training pursuant to
subdivisions (a) and (b) of Section 60242. Interest posted to the
account shall be based upon reasonable estimates of monthly balances
in the account and the average rate of interest earned by other funds
of the district.
All purchases of instructional materials made with funds from this
account shall conform to law and the applicable rules and
regulations adopted by the state board, and the district
superintendent shall provide written assurance of conformance to the
Superintendent of Public Instruction. The Superintendent of Public
Instruction may withhold the allowance established pursuant to
Section 60242 for any district which has failed to file a written
assurance for the prior fiscal year. The Superintendent of Public
Instruction may restore the amount withheld once the district
provides the written assurance.
The Controller, in cooperation with the State Department of
Education, shall include procedures to review compliance with this
section in its independent audit instructions.

60245. The fiscal yearend unexpended balance of any cash allotment
of any district board shall be separately encumbered for the district
board and shall be separately carried over into the subsequent
fiscal year for their respective uses by the district board.

60246.5. (a) The Controller shall, during each fiscal year,
commencing with the 2002-03 fiscal year, transfer from the General
Fund to the State Instructional Materials Fund for instructional
materials for kindergarten and grades 1 to 8, inclusive, the amount
to be allocated pursuant to Section 60421.
(b) The amount transferred pursuant to subdivision (a) includes
the designated percentage of the cash entitlements to be used to pay
for unadopted state materials, tests, classroom library materials,
and in-service training.

60247.5. The Controller shall, during each fiscal year, commencing
with the 2002-03 fiscal year, transfer from the General Fund to the
State Instructional Materials Fund for instructional materials for
grades 9 to 12, inclusive, the amount to be allocated pursuant to
Section 60421.

60248. The governing board of a school district shall use the funds
apportioned pursuant to Sections 60247 and 60247.5 solely for the
purchase of instructional materials for pupils in grades 9 to 12,
inclusive. Textbooks purchased with these funds shall be adopted in
accordance with Section 60400.

60251. The Superintendent of Public Instruction may allocate to
school districts, funds which were recovered from publishers and
deposited into the Instructional Materials Fund as result of
proceedings against the publishers.

60251.5. For any fiscal year in which the amount of the moneys
appropriated to the State Instructional Materials Fund exceeds the
sum of the amount that was appropriated to that fund in the prior
fiscal year plus any amounts appropriated in the current fiscal year
for instructional materials pursuant to Section 42238.15, an amount
that is not less than 50 percent of the difference shall be
transferred to the Pupil Textbook and Instructional Materials
Incentive Account that exists in the State Instructional Materials
Fund.

60252. (a) The Pupil Textbook and Instructional Materials Incentive
Account is hereby created in the State Instructional Materials Fund,
to be used for the Pupil Textbook and Instructional Materials
Incentive Program set forth in Article 7 (commencing with Section
60117) of Chapter 1. All money in the account shall be allocated by
the Superintendent of Public Instruction to school districts
maintaining any kindergarten or any of grades 1 to 12, inclusive,
that satisfy each of the following criteria:
(1) A school district shall provide assurance to the
Superintendent of Public Instruction that the district has complied
with Section 60119.
(2) A school district shall ensure that the money will be used to
carry out its compliance with Section 60119 and shall supplement any
state and local money that is expended on textbooks or instructional
materials, or both.
(3) A school district shall ensure that textbooks and
instructional materials are ordered, to the extent practicable,
before the school year begins.
(b) The superintendent shall ensure that each school district has
an opportunity for funding per pupil based upon the district's prior
year base revenue limit in relation to the prior year statewide
average base revenue limit for similar types and sizes of districts.
Districts below the statewide average shall receive a greater
percentage of state funds, and districts above the statewide average
shall receive a smaller percentage of state funds, in an amount equal
to the percentage that the district's base revenue limit varies from
the statewide average. Any district with a base revenue limit that
equals or exceeds 200 percent of the statewide average shall not be
eligible for state funding under this section.