Section 60212 Of Article 1. Selection And Adoption From California Education Code >> Division 4. >> Title 2. >> Part 33. >> Chapter 2. >> Article 1.
60212
. 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.