Section 60209 Of Article 1. Selection And Adoption From California Education Code >> Division 4. >> Title 2. >> Part 33. >> Chapter 2. >> Article 1.
60209
. 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.