60420-60424

EDUCATION CODE
SECTION 60420-60424




60420.  The Instructional Materials Funding Realignment Program is
hereby established and shall be administered by the Superintendent of
Public Instruction.


60421.  (a) The department shall apportion funds appropriated for
purposes of this chapter to school districts on the basis of an equal
amount per pupil enrolled in kindergarten and grades 1 to 12,
inclusive, in the prior year, excluding summer school, adult, and
regional occupational center and regional occupational programs
enrollment. Enrollment shall be certified by the Superintendent of
Public Instruction and based on data as reported by the California
Basic Education Data System count. A school district in its first
year of operation or of expanding grade levels at a schoolsite shall
be eligible to receive funding pursuant to this chapter based on
enrollment estimates provided to the department by the school
district. As a condition of receipt of funding, a school district or
charter school in its first year of operation or of expanding grade
levels at a schoolsite shall provide enrollment estimates, as
approved by the school district governing board and the county office
of education in which the school district is located. These
estimates and associated funding shall be adjusted for actual
enrollment as reported by the subsequent California Basic Education
Data System.
   (b) For the purposes of this chapter, the term "school district"
means a school district or county office of education, and the term
"local governing board" means the governing board of a school
district or county board of education.
   (c) Allowances established pursuant to this chapter shall be
apportioned to school districts in September of each fiscal year.
   (d) Notwithstanding any other provision of law, pursuant to
subdivision (g) of Section 60200, the State Board of Education may
authorize a school district to use any state basic instructional
materials allowance to purchase standards-aligned materials as
specified within this part.



60422.  (a) A local governing board shall use funding received
pursuant to this chapter to ensure that each pupil is provided with a
standards-aligned textbook or basic instructional materials, as
adopted by the State Board of Education subsequent to the adoption of
content standards pursuant to Section 60605 for kindergarten and
grades 1 to 8, inclusive, or as adopted by the local governing board
pursuant to Sections 60400 and 60411, for grades 9 to 12, inclusive.
Pupils shall be provided with standards-aligned textbooks or basic
instructional materials by the beginning of the first school term
that commences no later than 24 months after those materials were
adopted by the State Board of Education.
   (b) Once a governing board certifies compliance with subdivision
(a) with regard to standards-aligned instructional materials in the
core curriculum areas of reading/language arts, mathematics, science,
and history/social sciences, and if the governing board of a school
district has met the eligibility requirements of Section 60119, the
remaining funds may only be used consistent with subdivision (a) of
Section 60242 and pursuant to Section 60242.5.
   (c) The State Board of Education may grant the school district
additional time to meet the purchasing requirements of subdivision
(a) if the governing board of the school district demonstrates, to
the satisfaction of the state board, that all of the following
criteria apply to the district:
   (1) The school district has implemented a well-designed,
standards-aligned basic instructional materials program.
   (2) The school district, at the time of its request for additional
time pursuant to this subdivision, has sufficient textbooks or basic
instructional materials for use by each pupil.
   (3) The school district has adopted a plan for the purchase of
standards-aligned instructional materials in accordance with
subdivision (a) but that plan indicated an alternative date for
compliance that is declared in the request for additional time.
   (d) The funds provided for the purchase of instructional materials
in Schedules 1 and 2 of Item 6110-189-0001 and paragraph 6 of Item
6110-485 of Section 2.00 of the Budget Act of 2002 shall be used for
the purposes of, and allocated consistent with, this chapter.



60422.1.  (a) Notwithstanding subdivision (i) of Section 60200,
Section 60422, or any other provision of law, for the 2008-09 to the
2012-13 fiscal years, inclusive, the governing board of a school
district is not required to provide pupils with instructional
materials by a specified period of time following adoption of those
materials by the state board.
   (b) Notwithstanding subdivision (a), this section does not relieve
school districts of their obligations to provide every pupil with
textbooks or instructional materials, as provided in Section 1240.3.
   (c) This section does not relieve school districts of the
obligation to hold a public hearing or hearings pursuant to
subparagraphs (A) and (B) of paragraph (1) of subdivision (a) of
Section 60119.
   (d) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.



60422.1.  Notwithstanding any other provision of law, a local
governing board may use funding received pursuant to this chapter to
purchase state-adopted instructional materials for kindergarten and
grades 1 to 8, inclusive, and state standards-aligned materials for
grades 9 to 12, inclusive, in an electronic or hardbound format if it
can ensure that each pupil will be provided with a copy of the
instructional materials to use at school and at home. However,
providing access to the materials at school and at home does not
require the local educational agency to purchase two sets of
materials.



60424.  This chapter shall be administered for purposes of funding
as if it had been operative at the beginning of the 2007-08 fiscal
year and shall become operative on January 1, 2008. This chapter
shall become inoperative on July 1, 2013, and, as of January 1, 2014,
is repealed, unless a later enacted statute, that becomes operative
on or before January 1, 2014, deletes or extends the dates on which
it becomes operative and is repealed.