Section 60211 Of Article 1. Selection And Adoption From California Education Code >> Division 4. >> Title 2. >> Part 33. >> Chapter 2. >> Article 1.
60211
. (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.