Date: September 12, 2006
Dear County and District Superintendents, Charter School Administrators, and School Principals:
GRATIS LIST ITEMS FOR ADOPTED MATERIALS
On July 12, 2006, a letter was sent to all publishers of kindergarten through grade eight instructional materials regarding gratis list items. The purpose of the letter was to remind publishers of the statutes and regulations governing gratis list items. In particular, we reminded publishers of prohibitions against offering items other than instructional materials on the gratis list. California Education Code (EC) Section 60061 allows for publishers to give away free instructional materials and EC Section 60010 defines instructional materials. More specifically,
EC Section 60010 (m) defines technology-based materials:
"Technology-based materials" means those basic or supplemental instructional materials that are designed for use by pupils and teachers as learning resources and that require the availability of electronic equipment in order to be used as a learning resource. Technology-based materials include, but are not limited to, software programs, video disks, compact disks, optical disks, video and audio tapes, lesson plans, and data bases. Technology-based materials do not include the equipment required to make use of those materials.This definition of technology-based materials has been in place since 1995 and does not include equipment such as DVD players, televisions, LCD projectors, laptop computers, and scanners.
Please keep in mind that school officials also have responsibilities under EC Section 60072 which states: “No school official shall accept any emolument, money, or other valuable thing, or any inducement to directly or indirectly introduce, recommend, vote for, or otherwise influence the adoption or purchase of any instructional material.” This EC section has been in effect since April 30, 1977. If you have concerns regarding gratis items and purchasing agreements with publishers for the 2005 History—Social Science Adoption, please consult your own legal counsel.
As for the upcoming 2006 Visual and Performing Arts Adoption and 2006 Science Adoption, please review the information in this letter with the school officials involved in the adoption process. If you have any questions regarding this letter, please contact Thomas Adams, Director, Curriculum Frameworks and Instructional Resources, at 916-319-0881or by e-mail at tadams@cde.ca.gov.
Sincerely,
Original signed by
Sue Stickel, Deputy Superintendent
Curriculum and Instruction Branch
SS:ta
1430 N Street
Sacramento, CA 95814