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Chapter 9. Instructional Materials. Subchapter 2. Social Content Review. Article 2. Social Content Review Of Non-Adopted Instructional Materials. Social Content Review.   

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Reviews of non-adopted instructional materials to determine whether they meet the social content standards contained in the publication referenced in section 9810 and the relevant statutes shall be conducted according to the following requirements:

(a) Social content reviews of instructional materials shall be conducted by the CDE or its agents using the standards contained in the publication referenced in section 9810 and the relevant statutes.

(b) The CDE shall charge publishers or manufacturers a fee to cover the costs of the social content review and that must be paid in full prior to review as follows:

(1) Print Material Fees: $.75 per page

(2) Non-Print Material Fees:

(A) Video/DVD: $75.00 per standard Video/DVD (Video - 120 minutes, DVD - 4.7 Gigabytes [GB] or approximately 120 minutes)

(B) Software: $200.00 per standard CD (650-700 megabytes [MB])

(3) Additional listing fees:

(A) Adding approved materials in alternate packaging to the list: $50.00 per item

(B) Re-listing approved materials every six years: $50.00 per item

(c) A "small publisher" or "small manufacturer," as defined in Education Code section 60227(f)(3), may request that the SBE reduce the fee(s) by submitting documentation.

(1) Documentation must include 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 or small manufacturer is not dominant in its field for the subject matter being submitted for social content review.

(D) The fee reduction amount the small publisher or small manufacturer is requesting for the social content review. The amount requested may be as much as a 50 percent reduction of the fee.

(2) The fee reduction amount approved by the SBE shall be based upon available funds. If available funds do not cover the total fee reduction amounts requested, each small publisher or manufacturer shall receive a prorated amount based on the fee reduction amount requested and the available funds.

(d) Publishers or manufacturers requesting a social content review shall provide three copies of the instructional materials in completed form to the location specified by the CDE free of shipping, handling, sampling, or other charges.

(e) The CDE shall notify publishers or manufacturers in writing of the results of the social content review. A publisher or manufacturer who receives a notice of noncompliance with a social content standard may provide the CDE with a proposed revision to remedy the finding of noncompliance within 30 days from the postmark date of the CDE's written notification, or may appeal the finding as described in section 9830 of these regulations.

(f) The list of materials reviewed and in compliance with social content standards shall be available to all school districts in the state.

(1) The listing shall expire six years from the date of approval.

(2) Publishers or manufacturers may re-list materials for a fee (see section 9820(b)(3)(B)) if the following conditions are met:

(A) The material to be re-listed has not been changed.

(B) The copyright year of the re-listed material is the same as the original listing.

(g) Publishers or manufacturers shall not describe or represent as adopted by the SBE those instructional materials which have passed only a social content review. Misrepresentation may result in deletion of the instructional materials from the list of materials reviewed for compliance with social content standards.

Authority cited:

Education Code 60050

Education Code 60206

Education Code 60227

Reference:

Education Code 60040

Education Code 60041

Education Code 60042

Education Code 60043

Education Code 60044

Education Code 60048

Education Code 60200.5

Education Code 60200.6

(Added by Register 2009, No. 6.)