Article 1. Selection And Adoption of California Education Code >> Division 4. >> Title 2. >> Part 33. >> Chapter 2. >> Article 1.
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
subject areas:
(1) Language arts, including, but not limited to, spelling,
reading, and English language development. The state board may not
adopt basic instructional materials in this subject area or the
subject area specified by paragraph (2) in the year succeeding the
year in which the state board adopts basic instructional materials in
this subject area for the same grade level.
(2) Mathematics. The state board may not adopt basic instructional
materials in this subject area or the subject area specified by
paragraph (1) in the year succeeding the year in which the state
board adopts basic instructional materials in this subject area 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 (6), inclusive, of
subdivision (a) every eight years. The state board shall ensure that
curriculum frameworks are reviewed and adopted in each subject area
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) If a publisher or manufacturer submits revisions to currently
adopted instructional material for review after the timeframe
specified by the state board, the department shall assess a fee on
the submitting publisher or manufacturer in an amount that shall not
exceed the reasonable costs to the department to conduct a review of
the instructional material pursuant to this section.
(3) 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.
(4) The process for review of instructional materials shall
involve review committees, which shall include, but not be limited
to, volunteer content experts and instructional material reviewers,
and shall be composed of a majority of classroom teachers from a wide
variety of affected grade levels and subject areas.
(5) The rules and procedures for adoption of instructional
materials shall be transparent and consistently applicable regardless
of the format of the instructional materials, which may include, but
not be limited to, print, digital, and open-source instructional
materials.
(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) Are aligned to the content standards adopted by the state
board in the subject area and 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 state 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 12 months before 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 on 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 Superintendent 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) 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.
(h) 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 state board for continuing items
on that list shall be the date on which the state board adopts
instructional materials based on a new or revised curriculum
framework. Lists of adopted instructional materials shall be made
available by subject and grade level to school districts and posted
on the department's Internet Web site, and shall include information
from the reports of findings from the review committees pursuant to
paragraph (4) of subdivision (b). The lists shall terminate and shall
no longer be effective on the date prescribed by the state board
pursuant to this subdivision.
(i) 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.
(j) A composite listing in the format of an order form may be used
to meet the requirements of this section.
(k) The lists maintained pursuant to this section shall not be
deemed to control the use period by any school district.
(l) 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).
(m) 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.
(n) The state board may adopt regulations that provide for other
exceptions to this section, as determined by the state board.
(o) The Superintendent shall develop, and the state board shall
adopt, guidelines to implement this section.
(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.
(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.
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.
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.
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
2015-16 school year.
(a) Notwithstanding Section 60200.7, the state board may
consider the adoption of a revised curriculum framework and
evaluation criteria for instructional materials in history-social
science.
(b) The department shall conduct work necessary to revise the
curriculum framework and evaluation criteria for instructional
materials in history-social science only after it has completed work
related to the development of curriculum frameworks for the common
core academic content standards pursuant to Section 60207.
On or before January 31, 2017, the state board shall
consider the adoption of a revised curriculum framework and
evaluation criteria for instructional materials in science. The
revised curriculum framework shall be based on the science content
standards adopted pursuant to former Section 60605.85, as that
section read on June 30, 2014. In adopting the revised curriculum
framework, the state board shall ensure both of the following:
(a) Inclusion of English language development strategies that are
aligned to the standards adopted pursuant to Section 60811.
(b) Inclusion of strategies to address the needs of pupils with
disabilities.
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.
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.
(a) The state board shall hold a public hearing before
adopting instructional materials for use in the elementary schools of
the state.
(b) Upon review of the commission's recommendations for
instructional materials, the Superintendent may make alternative
recommendations for instructional materials and the state board shall
consider the Superintendent's recommendations before making its
decision to adopt instructional materials.
(c) The state board shall consider comments from other advisory
bodies and the public before making its decision to adopt
instructional materials.
The Instructional Quality Commission established pursuant to
Section 33530 shall do all of the following:
(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 that
information.
(1) The criteria for English language arts instructional materials
shall include directions to publishers to align both lessons and
teacher's editions, as appropriate, with English language development
standards and incorporate strategies to address, at every grade
level, the needs of all English learners. The criteria for other
subject areas shall include directions to publishers to incorporate
strategies for English learners that are consistent with the English
language development standards.
(2) The criteria also shall include directions to publishers to
incorporate instructional strategies to address the needs of pupils
with disabilities in both lessons and teacher's editions, as
appropriate, at every grade level and subject.
(c) Study and evaluate instructional materials submitted for
adoption.
(d) Recommend instructional materials for adoption to the state
board.
(e) 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.
(f) Advise and make recommendations to the state board, including,
but not limited to, what policies and activities are needed to
implement the state's academic content standards, and bring the state'
s curriculum frameworks, instructional materials, professional
development programs, pupil assessments, and academic accountability
systems into alignment with those standards.
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.
(a) Notwithstanding Section 60200.7, the state board shall
adopt both of the following:
(1) Revised curriculum frameworks and evaluation criteria that are
aligned to the content standards adopted pursuant to Section 60605.8
for English language arts no later than July 30, 2014.
(2) Revised curriculum frameworks that are aligned to the content
standards adopted pursuant to Section 60605.8 for mathematics no
later than November 30, 2013.
(b) Notwithstanding Section 60200.7, the state board may adopt
instructional materials for kindergarten and grades 1 to 8,
inclusive, that are aligned to the content standards adopted pursuant
to Section 60605.8 for mathematics no later than March 30, 2014.
(1) For purposes of adopting instructional materials for
mathematics pursuant to this subdivision, the state board may adopt
evaluation criteria for mathematics no later than March 31, 2013. The
criteria may allow for the adoption of materials that have been
reviewed and adopted by another state that has adopted the common
core academic content standards.
(2) Instructional materials adopted pursuant to this subdivision
shall remain adopted until the next statewide adoption of
instructional materials for mathematics.
(c) State board policies shall ensure that the English language
arts curriculum frameworks for kindergarten and grades 1 to 12,
inclusive, and instructional materials for kindergarten and grades 1
to 8, inclusive, include the English language development standards
as adopted by the state board in 1997 and revised thereafter, and
English language development strategies in the core subjects of
mathematics, science, and history-social science.
(d) State board policies shall ensure that curriculum frameworks
for kindergarten and grades 1 to 12, inclusive, and instructional
materials for kindergarten and grades 1 to 8, inclusive, include
strategies to address the needs of pupils with disabilities in the
four core subjects of mathematics, science, history-social science,
and English language arts.
(e) Each curriculum framework that the state board adopts shall
describe, to the extent the state board deems appropriate, the manner
in which content can be delivered to intentionally build all of the
following skills into and across each content area:
(1) Creativity and innovation, including, but not limited to,
thinking creatively, working creatively with others, and implementing
innovations.
(2) Critical thinking and problem solving, including, but not
limited to, reasoning effectively, using systems thinking, making
judgments and decisions, and solving problems.
(3) Collaboration, including, but not limited to, working
effectively in diverse teams, adapting to change and being flexible,
demonstrating initiative and self-direction, working independently,
demonstrating productivity and accountability, and demonstrating
leadership and responsibility.
(4) Communication, including, but not limited to, communicating
clearly and effectively through reading, writing, and speaking.
(5) Construction and exploration of new understandings of
knowledge through the integration of content from one subject area to
another to provide pupils with multiple modes for demonstrating
innovative learning.
(a) It is the intent of the Legislature to do both of the
following:
(1) Provide to local educational agencies a process that involves
teachers, and is consistent with the implementation of
standards-based curricula and the principle of local control.
(2) Consistent with Section 60200.7, ensure that school districts
are provided with as many high-quality standards-aligned
instructional material options as possible, so that educators may
have many rigorous options in choosing the best materials that meet
the needs of all pupils, including English learners and pupils with
disabilities, and that ensure that their pupils are able to master
the academic content standards adopted by the state board pursuant to
Section 60605.8.
(b) The Superintendent, in collaboration with the state board,
teachers of various grade levels and subject areas, district and
county office of education curriculum administrators selected from
various geographic areas, professional development training experts,
and representatives from postsecondary institutions or other
educational agencies and organizations, as deemed appropriate by the
Superintendent, shall do all of the following:
(1) Develop criteria to guide the development of model
professional development modules that provide critical information
and strategies to be used as the common core academic content
standards are implemented. The criteria shall be based on the
California Standards for the Teaching Professions and developed in
consideration of the National Staff Development Council's Standards
for Staff Development.
(2) Develop model professional development modules for teachers,
principals, and school leaders that incorporate, make use of, and
build upon existing professional development programs and
opportunities currently available at the local, state, and national
levels to deepen the understanding of at least all of the following:
(A) The common core academic content standards.
(B) Instructional strategies to support the learning of all
pupils, including English learners, pupils with disabilities, and
underperforming pupils.
(C) Instructional strategies that promote creativity, innovation,
critical thinking, problem solving, collaboration, and communication
skills in all academic content areas.
(D) The integration of subject content knowledge.
(E) Instructional leadership and coaching.
(c) Model professional development modules shall be designed for
delivery through various methods, including, but not limited to,
school-based and web-based delivery.
(d) The Superintendent shall report to the state board on the
development pursuant to subdivision (b) of the model professional
development modules.
For purposes of conducting an adoption of basic
instructional materials for mathematics pursuant to Section 60207,
all of the following shall apply:
(a) The department shall provide notice, pursuant to subdivision
(b), to all publishers or manufacturers known to produce basic
instructional materials in that subject, post an appropriate notice
on the Internet Web site of the department, and take other reasonable
measures to ensure that appropriate notice is widely circulated to
potentially interested publishers and manufacturers.
(b) The notice shall specify that each publisher or manufacturer
choosing to participate in the adoption shall be assessed a fee based
on the number of programs the publisher or manufacturer indicates
will be submitted for review and the number of grade levels proposed
to be covered by each program.
(c) The fee assessed pursuant to subdivision (d) shall be in an
amount that does not exceed the reasonable costs to the department in
conducting the adoption process. The department shall take
reasonable steps to limit costs of the adoption and to keep the fee
modest.
(d) The department, before incurring substantial costs for the
adoption, shall require that a publisher or manufacturer that wishes
to participate in the adoption first declare the intent to submit one
or more specific programs for adoption and specify the specific
grade levels to be covered by each program.
(1) After a publisher or manufacturer declares the intent to
submit one or more programs and the grade levels to be covered by
each program, the department shall assess a fee that shall be payable
by the publisher or manufacturer even if the publisher or
manufacturer subsequently chooses to withdraw a program or reduce the
number of grade levels covered.
(2) A submission by a publisher or manufacturer shall not be
reviewed for purposes of adoption until the fee assessed has been
paid in full.
(e) (1) Upon the request of a small publisher or small
manufacturer, the state board may reduce the fee for participation in
the adoption.
(2) For purposes of this section, "small publisher" and "small
manufacturer" mean an independently owned or operated publisher or
manufacturer that is not dominant in its field of operation and that,
together with its affiliates, has 100 or fewer employees, and has
average annual gross receipts of ten million dollars ($10,000,000) or
less over the previous three years.
(f) If the department determines that there is little or no
interest in participating in an adoption by publishers and
manufacturers, the department shall recommend to the state board
whether or not the adoption shall be conducted, and the state board
may choose not to conduct the adoption.
(g) Revenue derived from fees assessed pursuant to subdivision (d)
shall be budgeted as reimbursements and subject to review through
the annual budget process, and may be used to pay for costs
associated with any adoption and for any costs associated with the
review of instructional materials, including reimbursement of
substitute costs for teacher reviewers and may be used to cover
stipends for content review experts.
(a) Notwithstanding any other law, a local educational
agency may use instructional materials that are aligned with the
academic content standards adopted pursuant to Section 60605 or
60605.8, including instructional materials that have not been adopted
by the state board pursuant to Section 60200.
(b) Instructional materials for mathematics that are aligned to
common core academic content standards developed by the Common Core
State Standards Initiative consortium pursuant to Section 60605.7
shall be deemed to be aligned to the content standards adopted
pursuant to Section 60605 or 60605.8 for purposes of Section 60119.
(c) If a local educational agency chooses to use instructional
materials that have not been adopted by the state board, the local
educational agency shall ensure that a majority of the participants
of any review process conducted by the local educational agency are
classroom teachers who are assigned to the subject area or grade
level of the materials.
(a) Notwithstanding subdivision (a) of Section 60200 and
Section 60200.7, the state board may adopt basic instructional
materials for kindergarten and grades 1 to 8, inclusive, that are
aligned to the language arts content standards adopted pursuant to
Section 60605.8 and the English language development standards
adopted pursuant to Section 60811.3, as it read on June 30, 2013, by
no later than November 30, 2015.
(b) For purposes of conducting an adoption of basic instructional
materials pursuant to subdivision (a), all of the following shall
apply:
(1) (A) The department shall provide notice, pursuant to
subparagraph (B), to all publishers or manufacturers known to produce
basic instructional materials in language arts and English language
development, post an appropriate notice on its Internet Web site, and
take other reasonable measures to ensure that appropriate notice is
widely circulated to potentially interested publishers and
manufacturers.
(B) The notice provided pursuant to subparagraph (A) shall specify
that each publisher or manufacturer choosing to participate in the
adoption shall be assessed a fee based on the number of programs the
publisher or manufacturer indicates will be submitted for review and
the number of grade levels proposed to be covered by each program.
(2) The department, before incurring substantial costs for the
adoption, shall require that a publisher or manufacturer that wishes
to participate in the adoption first declare the intent to submit one
or more specific programs for adoption and specify the specific
grade levels to be covered by each program.
(3) After a publisher or manufacturer has declared the intent to
submit one or more programs and the grade levels to be covered by
each program, the department shall assess a fee that shall be payable
by the publisher or manufacturer even if the publisher or
manufacturer subsequently chooses to withdraw a program or reduce the
number of grade levels covered.
(4) The fee assessed pursuant to paragraph (3) shall be in an
amount that does not exceed the reasonable costs to the department in
conducting the adoption process. The department shall take
reasonable steps to limit costs of the adoption and to keep the fee
modest.
(5) A submission by a publisher or manufacturer shall not be
reviewed for purposes of adoption until the fee assessed pursuant to
paragraph (3) has been paid in full.
(6) (A) Upon the request of a small publisher or small
manufacturer, the state board may reduce the fee for participating in
the adoption.
(B) For purposes of this section, "small publisher" and "small
manufacturer" mean an independently owned or operated publisher or
manufacturer that is not dominant in its field of operation and that,
together with its affiliates, has 100 or fewer employees, and has
average annual gross receipts of ten million dollars ($10,000,000) or
less over the previous three years.
(7) If the department determines that there is little or no
interest in participating in an adoption by publishers and
manufacturers, the department shall recommend to the state board
whether or not the adoption shall be conducted, and the state board
may choose not to conduct the adoption.
(8) Revenue derived from fees assessed pursuant to paragraph (3)
shall be budgeted as reimbursements and subject to review through the
annual budget process, and may be used to pay for costs associated
with any adoption and for any costs associated with the review of
instructional materials, including reimbursement of substitute costs
for teacher reviewers and may be used to cover stipends for content
review experts.
For purposes of adopting basic instructional materials for
history-social science pursuant to Section 60200, all of the
following shall apply:
(a) (1) The department shall provide notice, pursuant to paragraph
(2), to all publishers or manufacturers known to produce basic
instructional materials in that subject, post an appropriate notice
on the Internet Web site of the department, and take other reasonable
measures to ensure that appropriate notice is widely circulated to
potentially interested publishers and manufacturers.
(2) The notice shall specify that each publisher or manufacturer
choosing to participate in the adoption process shall be assessed a
fee based on the number of programs the publisher or manufacturer
indicates will be submitted for review and the number of grade levels
proposed to be covered by each program.
(b) The department, before incurring substantial costs for the
adoption process, shall require that a publisher or manufacturer that
wishes to participate in the adoption process first declare the
intent to submit one or more specific programs for adoption and
specify the specific grade levels to be covered by each program.
(c) After a publisher or manufacturer has declared its intent to
submit one or more programs and the grade levels to be covered by
each program, the department shall assess a fee that shall be payable
by the publisher or manufacturer even if the publisher or
manufacturer subsequently chooses to withdraw a program or reduce the
number of grade levels covered.
(d) The fee assessed pursuant to subdivision (c) shall be in an
amount that does not exceed the reasonable costs to the department in
conducting the adoption process. The department shall take
reasonable steps to limit costs of the adoption and to keep the fee
modest.
(e) A submission by a publisher or manufacturer shall not be
reviewed for purposes of adoption until the fee assessed pursuant to
subdivision (c) has been paid in full.
(f) (1) Upon the request of a small publisher or small
manufacturer, the state board may reduce the fee for participation in
the adoption.
(2) For purposes of this section, "small publisher" and "small
manufacturer" mean an independently owned or operated publisher or
manufacturer that is not dominant in its field of operation and that,
together with its affiliates, has 100 or fewer employees, and has
average annual gross receipts of ten million dollars ($10,000,000) or
less over the previous three years.
(g) If the department determines that there is little or no
interest in participating in an adoption by publishers and
manufacturers, the department shall recommend to the state board
whether or not the adoption shall be conducted, and the state board
may choose not to conduct the adoption.
(h) Revenue derived from fees assessed pursuant to subdivision (c)
shall be budgeted as reimbursements and subject to review through
the annual budget process, and may be used to pay for costs
associated with any adoption and for any costs associated with the
review of instructional materials, including costs of substitutes for
teacher reviewers and stipends for content review experts.