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Chapter 9. Instructional Materials Subchapter 1. Elementary Instructional Materials Article 2.3. Instructional Materials Funding. Instructional Materials Funding Realignment Program: Expenditure Policy Percentages and 24 Month Purchasing Requirement   

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(a) As much of the allocation, as is necessary, from the Instructional Materials Funding Realignment Program (IMFRP) annual appropriation to local education agencies must be spent to purchase textbooks or basic instructional materials adopted subsequent to the adoption of content standards (Education Code section 60605) for each pupil, in reading language arts, mathematics, history-social science, and science.

(1) For kindergarten and grades 1 to 8 this shall be textbooks or basic instructional materials adopted by the State Board of Education (SBE) pursuant to Education Code section 60200 inclusive. For grades 9 to 12, this shall be textbooks or instructional materials adopted by the local governing board pursuant to Education Code section 60400 following receipt of the standards maps submitted by publishers in accordance with Education Code section 60451.

(2) Textbooks or instructional materials must be purchased that are consistent with the content and cycles of the curriculum frameworks as required by Education Code section 60119.

(3) To ensure compliance with Education Code section 60119, first priority shall be for the purchase of textbooks or instructional materials after the adoption of the K-12 Reading Language Arts Curriculum Framework (December 1998), and the K-12 Mathematics Curriculum Framework (December 1998). For purposes of K-8 instructional materials, only mathematics materials adopted in or after 2001 and reading/language arts/English language development materials adopted in or after 2002 meet the requirements of this paragraph, except as provided in Education Code section 60423.

(4) Second priority shall be for the purchase of K-8 SBE adopted textbooks or basic instructional materials in history-social science (1999) and science (2000), or 9-12 textbooks or instructional materials adopted locally after the completion of the K-12 History-Social Curriculum Framework (October 2000) and the K-12 Science Curriculum Framework (February 2002).

(b) Upon certification by the local governing board that each pupil has been provided with a standards-aligned textbook or basic instructional materials in the four core curriculum areas, up to 100 percent of the annual IMFRP funds may be spent to purchase other instructional materials adopted by the SBE pursuant to Education Code section 60200 for kindergarten and grades 1 to 8, inclusive, or by the governing board pursuant to Education Code section 60400 for grades 9 to 12, as may be necessary to meet the requirements of Education Code section 60119 in all subjects which are consistent with the content and cycles of the curriculum frameworks.

(c) Upon determination through the annual local public hearing and approval of a resolution by the local governing board, pursuant to Education Code section 60119, that each K-12 pupil has, or will have prior to the end of that fiscal year, sufficient textbooks or instructional materials or both, or the local governing board has taken action to ensure sufficiency of textbooks or instructional materials or both within a two-year period as required, and also that pursuant to Education Code section 60422(a), the local governing board has provided each K-12 pupil 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 SBE or, for grades 9-12, inclusive, were adopted by the local governing board, up to 100% of the remaining Instructional Materials Funding Realignment funds may be spent on any of the following:

(1) Instructional materials, including but not limited to supplementary instructional materials and technology-based materials, from any source and approved locally or by the state for legal and social compliance pursuant to Education Code sections 60040-60045 and 60048 and the SBE guidelines in Standards for Evaluating Instructional Materials for Social Content (revised 2000).

(2) To purchase tests.

(3) To bind basic textbooks that are otherwise useable and are on the most recent list of basic instructional materials adopted by the state board and made available pursuant to Education Code section 60200 or by the governing board pursuant to Education Code section 60400 for grades 9 to 12.

(4) To fund in-service training related to instructional materials.

(5) To purchase classroom library materials for kindergarten and grades 1 to 4 with the condition the school district has developed a district wide classroom library plan pursuant to Education Code section 60242 (d)(1), (2) and (3).

(d) For purposes of subdivision (c) and Education Code section 60422(a), the reference to adoption of textbooks or basic instructional materials by the SBE shall refer to a primary adoption, which is the first adoption after the adoption of evaluation criteria by the SBE. A primary adoption is distinguished from a follow-up adoption, which is the second adoption of textbooks or basic instructional materials conducted by the SBE using the same evaluation criteria. Textbooks and basic instructional materials adopted in a follow-up adoption are added to the then-existing list of adopted textbooks and basic instructional materials for a subject area, and the period of adoption for those materials is the remaining time of the list for the primary adoption.

(e) Notwithstanding the provisions of subdivisions (a) and (b), in a fiscal year immediately following a primary adoption of textbooks and basic instructional materials in reading/language arts, mathematics, history-social science, or science, a local education agency may use up to nine dollars ($9.00) per student of a local agency's IMFRP allocation for that fiscal year generated by students in kindergarten through grade 8, and grades 9-12 inclusive, for the purposes specified in paragraphs (1) to (5), inclusive, of subdivision (c), provided the local governing board certifies by resolution adopted at a duly noticed public meeting a decision to pilot (i.e. evaluate in actual classroom application), during that fiscal year immediately following the primary adoption, one or more of the textbooks or basic instructional materials adopted by the SBE in that primary adoption. The local governing board certification must be made after the SBE concludes the primary adoption and before the commencement of the fiscal year immediately following that primary adoption.

Authority cited:

Education Code 33031

Education Code 60005

Reference:

Education Code 60242

Education Code 60242.5

Education Code 60421

Education Code 60422

Education Code 60423

(Amended by Register 2003, No. 25)