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Subchapter 1. Elementary Instructional Materials. Adoption of Curriculum Frameworks, Evaluation Criteria and Instructional Materials - Procedures. For State Board procedures relating to text books, see Div. 20. Follow-Up Adoptions.   

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(a) For the purposes of this section, a follow-up adoption means any adoption other than the primary adoption that occurs within a six or eight-year cycle established pursuant to Education Code section 60200.

(b) All State Board of Education (SBE) adoptions of basic instructional materials during a follow-up adoption shall be conducted according to the following requirements:

(1) California Department of Education (CDE) staff shall survey publishers to determine publisher interest in participating in a follow-up adoption.

(A) The survey shall be posted on the CDE Web site, shall be mailed to all publishers who have participated in prior adoptions, shall be mailed to all publishers known to produce basic instructional materials in that subject, and shall be made available upon request.

(B) The survey shall be conducted in a manner deemed appropriate by the CDE.

(C) Pursuant to Education Code section 60227, the results of this survey and a recommendation by the CDE as to whether or not a follow-up adoption shall be conducted shall be provided to the SBE at a public meeting.

(2) Upon the SBE's decision to conduct a follow-up adoption, CDE staff shall prepare the following documents for review by the Commission and approval of the SBE at a public meeting:

(A) A Schedule of Significant Events specific to the follow-up adoption;

(B) Instructional Materials Reviewer (IMR) and Content Review Expert (CRE) applications for the follow-up adoption that are similar in content to the IMR and CRE applications used in the primary adoption in that subject area, as set forth in section 9513;

(C) A notice of intent to hold a follow-up adoption with the information specified in section 9517.1(b)(3)(A) and (B);

(3) A notice of intent to hold a follow-up adoption in a given subject area shall be posted on the CDE Web site, shall be mailed to all publishers who have participated in prior adoptions, shall be mailed to all publishers known to produce basic instructional materials in that subject, and shall be made available upon request.

The notice shall include:

(A) A Schedule of Significant Events.

(B) A statement that each publisher choosing to participate will be charged a fee as described in section 9517.1(b)(5).

(4) Each publisher shall provide a statement of intent to submit to the CDE in accordance with the dates set forth in the Schedule of Significant Events that specifies the following:

(A) Number of programs that the publisher will submit.

(B) Number of grade levels covered by each program.

(5) Based on the information included in a publisher's statement of intent to submit, the CDE shall assess a fee of $5,000 per grade level for each program submitted for review. The fee shall be payable by the publisher even if the publisher subsequently chooses to withdraw a program or reduce the number of grade levels submitted for review.

(6) A ?small publisher? as defined in Education Code section 60227, may request a reduction of the fee by submitting documentation in accordance with the date set forth in the Schedule of Significant Events, that includes the following:

(A) A statement of earnings for the most recent three fiscal years.

(B) Number of full-time employees excluding contracted employees.

(C) A statement verifying that the small publisher is not dominant in its field for the subject matter being submitted for follow-up adoption.

(c) Instructional materials approved by the SBE in a follow-up adoption shall be added to the existing adoption list for that subject and remain on the list until the established expiration date for that list pursuant to Education Code section 60200.

(d) Follow-up adoptions shall be based on the curriculum framework and evaluation criteria issued for the primary adoption. The following procedures for the adoption of instructional materials for the primary adoption, as set forth in sections 9510, 9512, 9513, 9514, 9517, 9517.2, 9518, 9519, 9521, 9522, 9523, 9524 and 9525, are also applicable to follow-up adoptions.

Authority cited:

Education Code 60206

Reference:

Education Code 60200

Education Code 60227

(New by Register 2012, No. 2.)