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Instructional Materials FAQ

Instructional Materials Funding and Williams Case Frequently Asked Questions and Answers.

Please note that local educational agencies (LEAs) that are in Year 3 or beyond of Program Improvement should review Program Improvement information as certain guidance may be different for those LEAs.

California law and regulations
  1. Where can I find California Education Code online?
  2. Where can I find the California Code of Regulations online?
Instructional Materials: Traditional and Electronic  
  1. What are "instructional materials?"
  2. What are "technology-based materials"?
  3. Does any kind of electronic hardware necessary for running technology-based materials qualify as a component of technology-based materials?
  4. What are “state-adopted” instructional materials?
  5. Must LEAs use only state-adopted instructional materials?
  6. When do the current state adoption lists for instructional materials expire? 
  7. What is the status of the state’s adoption of new instructional materials?
  8. Do LEAs have a requirement to provide students with state-adopted instructional materials within a certain period of time?
  9. Where can one view a listing of all state-adopted instructional materials?
  10. The State Board of Education (SBE) adopted new instructional materials in mathematics in 2007 and reading/language arts—English language development (RLA/ELD) in 2008. Do LEAs need to implement these new materials prior to July 1, 2015?
  11. May an LEA implement instructional materials from one adoption at one school and instructional materials from another adoption at another school?
  12. May an LEA use different textbooks or instructional materials from the same adoption in different classrooms teaching the same course?

Content Standards and Curriculum Frameworks
  1. What are “content standards”?
  2. What are “standards maps”? Are standards maps available for grades nine through twelve?
  3. What are “curriculum frameworks”?
  4. What is the status of the curriculum frameworks?
Instructional Materials Funding
  1. Is there still an Instructional Materials Funding Realignment Program (IMFRP)?
  2. In the absence of IMFRP, do the provisions of EC Section 60119 still apply?
  3. What fund sources may LEAs use to purchase instructional materials?
  4. Is there CDE guidelines on the use of LCFF?
Initial Receipt and Eventual Disposal of Instructional Materials
  1. Where can an LEA purchase state-adopted instructional materials?
  2. Does state law regulate the cost of instructional materials in California?
  3. May publishers offer instructional materials to LEAs for free?
  4. Is there a penalty against publishers should their delivery of materials be late?
  5. What should an LEA do with surplus or obsolete instructional materials?
Sufficiency of Instructional Materials
  1. Do the requirements regarding instructional materials sufficiency continue to exist?
  2. What does "sufficiency of instructional materials" mean?
  3. Do the requirements regarding instructional materials sufficiency apply to technology-based materials?
  4. Do Web-based or electronic textbooks count as instructional materials?
  5. Schools believed that the state-adopted kindergarten through grade six (K-6) reading/language arts materials met the science and history-social science standards, so therefore they did not have to buy K-6 science or history-social science textbooks, is this true?
  6. May an LEA purchase the Big Books for use in class and a Student Practice Book for every student and be compliant with the requirements of the Williams settlement?
  7. If a local governing board approves a series of novels and a grammar book for high school English courses, is this acceptable?
  8. Must an LEA utilize all instructional material components of a core grade level academic program to meet the Williams settlement legislation requirement?
  9. If we do not provide sufficient health or foreign language instructional materials or science laboratory equipment will our funding for instructional materials be affected?
  10. What about special education students and English learners? Are there any exceptions?
  11. What materials should be provided to our English learners?
  12. If an LEA has insufficient instructional materials, what does it need to do?
  13. When does an LEA need to remedy any insufficiency in instructional materials?
Public Hearing for Sufficiency of Instructional Materials
  1. What are the hearing and resolution requirements regarding sufficiency of instructional materials?
  2. When does the public hearing need to be held?
  3. What documentation or evidence of adequate materials purchased do we need to present or have ready for monitoring?
  4. How should an LEA document that it has sufficient materials in grades K-8 as defined in the instructional materials survey form?
  5. What do we do if we did not hold the public hearing as required by EC Section 60119?
Monitoring for Sufficiency of Instructional Materials
  1. What monitoring is required under the Williams settlement for API Decile 1- 3 schools?
  2. What about the students who don't bring their textbooks when the school visit occurs? Will this count against an LEA?
  3. What happens if an LEA doesn't have sufficient instructional materials for Decile 1 and 2 schools and doesn't have sufficient funding to provide a standards-aligned textbook for each student in the four core areas?
  4. If a school is on a multi-track schedule, does the county have to conduct site visits for all tracks?
  5. What if an LEA has not received all of its textbooks from the publisher by the first four weeks of school and/or time of the school visit?

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California law and regulations
  1. Where can I find California Education Code (EC) online?

    California Law Web page External link opens in new window or tab.
  1. Where can I find the California Code of Regulations (CCR) online?

    California Code of Regulations External link opens in new window or tab.

Instructional Materials: Traditional and Electronic
  1. What are "instructional materials?"

    The definition of instructional materials is in EC Section 60010 (h). This law states “‘Instructional materials’ means all materials that are designed for use by pupils and their teachers as a learning resource and help pupils to acquire facts, skills, or opinions or to develop cognitive processes. Instructional materials may be printed or non-printed, and may include textbooks, technology-based materials, other educational materials, and tests."
  1. What are “technology-based materials”?

    The definition of technology-based materials is in EC Section 60010(m)(1). This law states “‘Technology-based materials’ means 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.”
  1. Does any kind of electronic hardware necessary for running technology-based materials qualify as a component of technology-based materials?

    EC Section 60010(m)(2) addresses this question as follows: “Technology-based materials do not include the electronic equipment required to make use of those materials, unless that equipment is to be used by pupils and teachers as a learning resource. However, this shall not be construed to authorize a school district to replace computers or related equipment in an existing computer lab or allow a school district to establish a new computer lab.”
  1. What are “state-adopted” instructional materials?
    “State-adopted” instructional materials are those instructional resources which the SBE has formally “adopted” for use in the classroom. This action is required by the California State Constitution, Article 9 Section 7.5. The SBE considers K-8 instructional materials for adoption following a thorough review process outlined in both law (EC 60200) and regulations (CCR, Title 5 sections 9510-9525).

    There are no state adoptions for grades nine through twelve. LEA governing boards have the authority and responsibility under EC Section 60400 to adopt instructional materials for use in their high schools for grades nine through twelve.

  1. Must LEAs use only state-adopted instructional materials?

    No. New for 2013, EC Section 60210 was added via AB 1246 (Brownley). It states the following:

    “(a) Notwithstanding any other law, a local educational agency may use instructional materials that are aligned with the academic content standards adopted pursuant to Section 60605 or 60605.8, including instructional materials that have not been adopted by the state board pursuant to Section 60200.

    (b) Instructional materials for mathematics that are aligned to common core academic content standards developed by the Common Core State Standards Initiative consortium pursuant to Section 60605.7 shall be deemed to be aligned to the content standards adopted pursuant to Section 60605 or 60605.8 for purposes of Section 60119.

    (c) If a local educational agency chooses to use instructional materials that have not been adopted by the state board, the local educational agency shall ensure that a majority of the participants of any review process conducted by the local educational agency are classroom teachers who are assigned to the subject area or grade level of the materials.”

    LEAs may also utilize supplemental resources that meet the requirements of the social content standards requirements.
  1. When do the current state adoption lists for instructional materials expire?
    Once the SBE adopts instructional materials for a particular subject, those materials remain on the list of adopted materials for that subject until such time that the SBE adopts a new list of instructional materials for that subject (EC 60200(h)).

  2. What is the status of the state’s adoption of new instructional materials?

    In 2011, the Governor and State Legislature extended the suspension of SBE adoptions of instructional materials until the 2015-16 school year (EC Section 60200.7). While the suspension of adoptions ends in July 2015, there is not yet a schedule established in law for the cycle of future adoptions.

    However, EC Section 60207 (enacted via AB 1246 (Brownley)) authorized the SBE to adopt new Common Core State Standards (CCSS)-aligned K-8 instructional materials for mathematics. The SBE adopted new mathematics instructional materials in January 2014. More information about this adoption is available on the CDE Mathematics Web page.

    EC Section 60211 (enacted via SB 201 (Liu)) authorized the SBE to adopt new CCSS-aligned K-8 instructional materials for English language arts/English language development (ELA/ELD) no later than November 2015. More information about this scheduled adoption is available on the CDE English Language Arts/English Language Development Web page.

  3. Do LEAs have a requirement to provide students with state-adopted instructional materials within a certain period of time?

    No. As seen in FAQ #7 above, LEAs are not required by law to implement state-adopted instructional materials.

    Note that the laws requiring sufficiency of instructional materials for all students remain in full effect. See the related FAQ section below.

  4. Where can one view a listing of all state-adopted instructional materials?

    SBE-adopted full programs can be found at each of the following links:

Every adopted component of each SBE-adopted program can be found in the searchable online database Price Lists of K-8 Adopted Instructional Materials.

  1. The SBE adopted new instructional materials in Mathematics in 2007 and Reading/Language Arts—English-Language Development (RLA/ELD) in 2008. Do LEAs need to implement these new materials prior to July 1, 2015?

    No.

  2. May an LEA implement instructional materials from one adoption at one school and instructional materials from another adoption at another school?

    All students in the same grade level or course within an LEA must use instructional materials from the same adoption. For example, if a high school district adopts new biology textbooks, all students in the district taking the same course must have books from the same local adoption.

    EC Section 1240.3 states the following:
    "1240.3. (a) For the purposes of Section 1240, for the 2008-09 to 2014-15 fiscal years, inclusive, sufficient textbooks or instructional materials include standards-aligned textbooks or instructional materials, or both, that were adopted prior to July 1, 2008, by the state board or local educational agency pursuant to statute, unless those local educational agencies purchased or arranged to purchase textbooks or instructional materials adopted by the state board after that date. It is the intent of the Legislature that each local educational agency provide each pupil with standards-aligned textbooks or instructional materials from the same adoption, consistent with sections 60119 and 60422. However, a school district may purchase the newest adopted instructional materials for pupils in all of the neediest schools in the school district, defined as schools ranked in deciles 1 to 3, inclusive, of the base Academic Performance Index in any one of the past three school years, without incurring a duty to purchase these materials for pupils in the schools ranked in deciles 4 to 10, inclusive, of the base Academic Performance Index in the district. For those schools that do not have at least one year of valid rankings in the base Academic Performance Index for the previous three years, a school district may establish criteria to define the "neediest schools" for purposes of this subdivision. This section does not require a local educational agency to purchase all of the instructional materials included in an adoption if the materials that are purchased are made available to all the pupils for whom they are intended in all of the schools within the local educational agency."

    To reiterate, SB 509 (2011-12), by Senator Price, authorized LEAs to purchase instructional materials for their neediest schools (Academic Performance Index ranked 1-3) without having to acquire new materials for the higher performing schools. A copy of the letter sent by the State Superintendent of Public Instruction (SSPI) notifying LEAs of the passage of this bill is available at the California Department of Education (CDE) Web site
    Instructional Materials Acquisitions For Neediest Schools. You may view the text of the bill on the California Legislative Information Web page at SB 509 Senate Bill - Chaptered. External link opens in new window or tab.


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  1. May an LEA use different textbooks or instructional materials from the same adoption in different classrooms teaching the same course?

    Yes. LEAs must use textbooks or instructional materials from the same adoption for an entire grade level or course, but these instructional materials may be from different publishers; for example, two teachers within an LEA may choose to use algebra 1 textbooks from different publishers, as long as both books are from the same adoption list. Please reference EC Section 1240.3 FAQ #13 above.
Content Standards and Curriculum Frameworks
  1. What are “content standards”?

    Educational content standards describe what students should know and be able to do in each subject in each grade. In California, the SBE decides upon and adopts the standards for all students, from kindergarten through high school, pursuant to EC sections 60605-60605.85; the specific dates for the SBE’s adoption of standards for any particular subject are included within these EC sections, and neither the SBE nor the CDE may revise the standards without specific authority provided in law.

  2. What are standards maps? Are standards maps available for grades nine through twelve?

    The grade level content standards maps were developed so that LEAs could determine the extent to which basic instructional materials in history-social science, mathematics, reading/language arts and science are aligned to the content standards adopted by the SBE.

    Publishers of K-8 instructional materials submitted for state adoption complete standards maps for their programs by including citations that show where in their program each standard is taught. Copies of the standards map templates are on our Web site—see links below. Completed standards maps are available from publishers.

    Standards map templates for grades nine through twelve have also been developed. Publishers may provide completed standards maps to assist LEAs in their selection of instructional materials for high school, but they are not required to do so. LEAs are encouraged to use these standards maps, either by completing a standards map by entering their own citations, or by verifying the publisher’s citations, to determine if the instructional materials are aligned to state content standards.

    Reading/Language Arts Standards Maps
    Under development for the 2015 adoption.

Mathematics, K-8 Standards Maps

Science Standards Maps

History-Social Science Standards Maps

Grades 9-12 Standards Maps for the Core Content Areas

  1. What are “curriculum frameworks”?

    Curriculum frameworks offer guidance for implementing content standards. Frameworks describe the curriculum and instruction necessary to help students achieve proficiency, and they specify the design of instructional materials and professional development. Further, they provide guidelines and selected research-based approaches for implementing instruction to ensure optimal benefits for all students, including those students with special learning needs (See EC 60010(c); 60200-60207). Additional information is available on the Curriculum Framework and Instructional Resources Web page.

  2. What is the status of the curriculum frameworks?
Instructional Materials Funding
  1. Is there still an Instructional Materials Funding Realignment Program (MFRP)?

    No. There is no longer an IMFRP. This change was a result of Assembly Bill 1246 (statutes of 2012).

  2. In the absence of IMFRP, do the provisions of EC Section 60119 still apply?

    Yes. The laws requiring sufficiency of instructional materials for all students remain in effect. See the related FAQ section below.

  3. What other fund sources may LEAs use to purchase instructional materials?

    To purchase instructional materials, LEAs may use Local Control Funding Formula (LCFF) funds or proposition 20 lottery funds.

  4. Is there CDE guidance on the use of LCFF?

    Yes, please visit the CDE LCFF Web page.

Initial receipt and eventual disposal of Instructional Materials

  1. Where can an LEA purchase state-adopted instructional materials?

    CCR Section 9530 states the following:

    Each school district shall purchase adopted instructional materials directly from publishers. With respect to the purchase of adopted instructional materials by a school district, the publisher shall comply with the following requirements:

    (a) Instructional materials furnished and delivered to the school district by the publisher shall conform to and be of the same quality of workmanship as the instructional materials submitted for adoption.

    (b) Upon request by any school district, a publisher shall provide a copy of any manufacturing standards and specifications for instructional materials with which the publisher is currently in compliance.

    (c) Should the publisher discontinue an instructional material before its adoption expiration date, upon receipt of a written request from a district that has purchased the discontinued instructional materials, the publisher shall buy back from the school district all of the instructional materials discontinued and any instructional materials designed to be used with the discontinued instructional material. The publisher shall buy back the instructional materials at the price in effect pursuant to the purchase order or agreement at the time when the instructional materials were purchased.

  2. Does state law regulate the cost of instructional materials in California?

    Yes. California law, (EC Section 60061) states the following:

    (a) A publisher or manufacturer shall do all of the following:

    (1) Furnish the instructional materials offered by the publisher at a price in this state that, including all costs of transportation to that place, does not exceed the lowest price at which the publisher offers those same instructional materials for adoption or sale to any other state within, or territory of, the United States.

    (2) Automatically reduce the price of those instructional materials to any governing board to the extent that reductions are made in another state within, or territory of, the United States.

    (3) Provide any instructional materials free of charge in this state to the same extent as that received by any state or school district in the United States.

    Additionally, the following provision was added to EC Section 60061 in 2013, pursuant to SB 185; it does not change the “most favored nation” clause of (a) (1-2) above:

    (c) Nothing in this section shall be construed to restrict the ability of a school district, county office of education, or charter school within California to negotiate the price of standards-aligned instructional materials and supplemental instructional materials in either a printed or digital format if the negotiated price complies with paragraphs (1) and (2) of subdivision (a).

    EC Section 60060 stipulates that the provisions of EC Section 60061 above apply to all instructional materials offered for sale in California and not just state-adopted materials.

    EC sections 60201 and 60223 allow publishers to raise prices on their state-adopted instructional materials once every two years following the SBE adoption of the materials.

  3. May publishers offer instructional materials to LEAs for free?

    Yes. EC Section 60061 stipulates that a publisher must "Provide any instructional materials free of charge in this state to the same extent as that received by any state or school district in the United States." Links to lists of free instructional materials are available by subject matter and publisher on the Price List of Adopted Instructional Materials Web page. Please note, however, EC Section 60071 forbids publishers from offering "valuable thing(s)" to a school official for the purpose of influencing the purchase of instructional materials.

    Additionally, the definition of "instructional materials" (EC Section 60010[h]) was changed in 2009 (AB 1398) to include "technology-based materials" which in turn are defined as including the "electronic equipment" necessary to make use of those materials so long as such "electronic equipment" are utilized by pupils and teachers as a "learning resource"(EC Section 60010[m]). As the use of electronic media has become more popular in recent years, California modified EC to accommodate its increased use. However, this does not authorize a school district to replace computers or related equipment in an existing computer lab or allow a school district to establish a new computer lab.

  1. Is there a penalty against publishers should their delivery of instructional materials be late?

    EC Section 60061.5 states that a publisher or manufacturer shall “…(b) Guarantee delivery of textbooks and instructional materials prior to the opening of school in the year in which the textbooks and instructional materials are to be used if they are ordered by a date or dates specified in the contract with the district.”

  2. What should an LEA do with surplus or obsolete instructional materials?

    California law makes specific stipulations regarding the disposal of instructional materials as follows:  

    EC Section 60510. The state board, the governing board of a school district, or a county office of education may dispose of surplus or undistributed obsolete instructional materials in its possession that are usable for educational purposes in any of the following ways:

    (a) By donation to a governing board, county free library, or other state institution.

    (b) By donation to a public agency or institution of any territory or possession of the United States, or the government of a country that formerly was a territory or possession of the United States.

    (c) By donation to a nonprofit charitable organization.

    (d) By donation to children or adults in the State of California, or foreign countries for the purpose of increasing the general literacy of the people.

    (e) By sale.

    EC Section 60510.1. All of the proceeds of any sale of surplus or undistributed obsolete instructional materials made pursuant to subdivision (e) of Section 60510 shall be available for school districts and county offices of education to acquire basic instructional materials, supplemental instructional materials, or technology-based materials.

    EC Section 60511. Any organization, agency, or institution receiving obsolete instructional materials donated pursuant to this article shall certify to the governing board of the school district or the county board of education, as appropriate, that it agrees to make no charge of any kind to the persons to whom the organization gives or lends those materials.

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Sufficiency of Instructional Materials (Also known as “Williams”)
  1. Do the requirements regarding instructional materials sufficiency continue to exist?
    School districts and county offices of education are required to prepare a Local Control and Accountability Plan (LCAP). The LCAP must address actions to achieve state priorities, including “the degree to which every pupil…has sufficient access to the standards-aligned instructional materials as determined pursuant to EC section 60119.” Please visit the CDE FAQs related to LCFF.

  2. What does "sufficiency of instructional materials" mean?

    EC Section 1240.3(c)(2)(B), states the following: "For the purposes of this section, "sufficiency" means that each pupil has sufficient textbooks and instructional materials in the four core areas as defined by Section 60119..."

    EC Section 60119(c)(1) states that sufficient textbooks or instructional materials means, "each pupil, including English Learners, has a standards-aligned textbook or instructional materials, or both, to use in class and to take home. This paragraph does not require two sets of textbooks or instructional materials for each pupil." This specifically applies to four subject areas: reading/language arts, mathematics, science, and history-social science.
  1. Do the requirements regarding instructional materials sufficiency apply to technology-based materials?

    Yes. The Williams settlement instructional materials sufficiency requirements apply equally to technology-based materials.

  2. Do Web-based or electronic textbooks count as instructional materials?

    Yes, but in order to meet the definition of sufficient instructional materials students need to have access to the materials both at school and at home. This presumes that students with Web-based materials have access to computers and the Internet in school and at home and students with electronic textbooks have access to computers in school and at home.

  3. Schools believed that the state-adopted K-6 reading/language arts materials met the science and history-social science standards, so therefore they did not have to buy K-6 science or history-social science textbooks. Is this true?

    No. The programs mentioned were adopted as reading/language arts/English language development programs. K-6 students must have science and history-social science instructional materials in addition to reading/language arts.

  4. May an LEA purchase the Big Books for use in class and a Student Practice Book for every student and be compliant with the requirements of the Williams settlement?

    LEAs should determine and specify in their sufficiency resolutions those materials which meet the definition of sufficiency. EC Section 60119 defines "sufficient textbooks or instructional materials" to mean that each pupil, including English learners, has a standards-aligned textbook or instructional materials, or both, to use in class and to take home.” If an LEA determines that the Practice Book covers all of the standards, and so indicates in its sufficiency resolution, it may provide the practice books for each student to use in class and to take home. In this circumstance, the LEA is not required to buy an individual textbook for each student.

  5. If a local governing board approves a series of novels and a grammar book for high school English courses, is this acceptable?

    Yes, as long as the local board adopted that combination of materials as being standards-aligned. LEAs will have to determine whether each pupil has sufficient instructional materials for those courses, including sufficient numbers of novels that can be reasonably rotated among pupils.

  6. Must an LEA utilize all instructional material components of a core grade level academic program to meet the Williams settlement legislation requirement?

    Each LEA determines which components to purchase based on its students' needs and to insure that all of the state content standards in that subject and grade level are addressed; this fact is true whether or not the LEA is utilizing state-adopted materials for any of the four core subjects identified in EC Section 60119. (The CDE Web site Price Lists of K-8 Adopted Instructional Materials has lists of the state-adopted K-8 instructional materials.)

  7. If we do not provide sufficient health or foreign language instructional materials or science laboratory equipment will our funding for instructional materials be affected?

    The provision of textbooks for health and foreign language or science equipment in high schools is not a condition of receipt of funds.

  8. What about Special Education students and English Learners? Are there any exceptions?

    Special education resource students should be enrolled in mainstream core classes and should have textbooks or basic instructional materials in the four core subject areas. Students in special day classes or other types of special education programs that are segregated from the mainstream classroom should have sufficient quantities of the instructional materials required in that student's Individualized Education Program (IEP), which has been established and agreed to by the teachers and parents of that student. Special day students' IEPs may require modified instructional materials instead of, or in addition to, the adopted instructional materials or may require adopted instructional materials that are aligned to the content standards at a different grade level. The Williams settlement legislation does not circumvent IEPs. Instructional materials for students not in mainstreamed special education classes should be based on the student's IEP. English Learners are explicitly mentioned in the law and must have adopted textbooks in the four core subject areas, including the English language development component of an adopted program.

  9. What materials should be provided to our English learners?

    English learners must be provided standards-aligned instructional materials. For grades K-8 these may be state-adopted instructional materials in mathematics, science, reading/language arts, and history-social science that are consistent with the content and cycles of the curriculum frameworks and include universal access features that address the needs of English learners. For grades nine through twelve local governing boards should adopt standards-aligned materials for all students that include universal access features.

  10. If the LEA has insufficient instructional materials, what does it need to do?

    See EC Section 60119 (a)(2)(A). The LEA must provide information to classroom teachers and the public setting forth for each school in which there is an insufficiency:
  1. When does the LEA need to remedy any insufficiency in instructional materials?

    The LEA will be expected to remediate any insufficiency of instructional materials within two months of the beginning of the school year. If an LEA has submitted purchase orders to the publisher to purchase instructional materials to remedy the insufficiency, these materials should be received and in students’ hands by the end of the second month of the school year (EC Section 60119 (a)(2)(A)).

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Public Hearing for Sufficiency of Instructional Materials
  1. What are the Hearing and Resolution requirements regarding sufficiency of instructional materials?

    EC Section 60119 requires that local governing boards hold an annual public hearing and adopt a resolution (DOC) stating whether each pupil in the LEA has sufficient textbooks or instructional materials in reading/language arts, mathematics, science, and history-social science aligned to content standards and consistent with the content and cycles of the curriculum framework adopted by the SBE.

    The governing board must also make a written determination as to whether each pupil enrolled in health and foreign language classes has sufficient textbooks or instructional materials.

    The governing board must also determine the availability of science laboratory equipment for high school science laboratory classes.

    There must be at least ten calendar days notice of the public hearing posted in at least three public places within the LEA. The notice must state the time, place, and purpose of the hearing. The hearing must not be held during or immediately after school hours.

    Governing boards are to encourage participation by parents, teachers, members of the community, and bargaining unit leaders in the hearing.

    If the local governing board finds that there are insufficient materials it must do the following:

This public hearing and resolution are required annually. LEAs should keep the resolution on file for the LEA’s annual audit.

  1. When does the public hearing need to be held?

    The public hearing must be held between the first day that pupils attend school and the end of the eighth week of the school year. For multi-track year-round LEAs, the clock starts with the first day pupils attend school in any track that begins in August or September. The public hearing may not take place during or immediately following school hours (EC Section 60119 (b)).


  2. What documentation or evidence of adequate materials purchased do we need to present or have ready?

    Beyond the required local board resolution, see FAQ #45 above, EC Section 60119 does not require specific documentation of sufficiency of instructional materials. However, the CDE has developed survey forms that may be used as a self-study and county office validation tool for grades K-12. This includes a list of the state-adopted standards-aligned programs for K-8. LEAs with high schools, grades nine through twelve, may generate a list of their locally adopted standards-aligned instructional materials information.

  3. How should an LEA document that it has sufficient materials in grades K-8 as defined in the instructional materials survey form?

    Current law calls for an LEA to have sufficient materials that are consistent with the content and cycles of the curriculum frameworks. In the standards-based areas of history-social science, reading/language arts, science, and mathematics, an LEA may choose to provide a number of ways of documenting how its materials are consistent with a current curriculum framework. The CDE does provide standards maps (a matrix of standards) at:

Reading/Language Arts Standards Maps

Mathematics, K-8 Standards Maps

1997 Standards

Science Standards Maps

History-Social Science Standards Maps

Grades 9-12 Standards Maps for the Core Content Areas

  1. What do we do if we did not hold the public hearing as required by EC Section 60119?

    LEA audits include the reporting requirements for the sufficiency of textbooks and instructional materials as defined by EC Section 60119. If an LEA receives an audit finding the LEA should contact the county office of education regarding their ability to certify correction of the audit exception.

    Also note EC Section 41344.4 which states the following regarding an audit finding:

    Notwithstanding any other provision of law, a local educational agency is not required to repay an apportionment based on a significant audit exception related to the requirements specified in paragraphs (1), (2), and (3) of subdivision (b) of Section 14501 if the county superintendent of schools certifies to the Superintendent of Public Instruction and the Controller that the audit exception was corrected by the local educational agency or that an acceptable plan of correction was submitted to the county superintendent of schools pursuant to subdivision (k) of Section 41020. With respect to textbooks and instructional materials, the plan shall be consistent with the requirements of subparagraph (A) of paragraph (2) of subdivision (a) of Section 60119.
Monitoring for Sufficiency of Instructional Materials
  1. What monitoring is required under the Williams settlement for API Decile 1- 3 schools?

    The initial monitoring under Williams was based on the 2003 API, but commencing in 2007-08 for schools ranked in Deciles 1- 3 on the 2006 API, an annual site visit will be conducted by the county office during the first four weeks of the school year to determine sufficiency of instructional materials, facility conditions, and accuracy of the School Accountability Report Card. However, a county superintendent of a school “under review” is not required to annually conduct a site visit at that school (see EC Section 1240(i)(3) and 5 CCR Section 17101). Such schools under review are not exempt from the Williams textbook sufficiency requirements of EC Section 60119.

    In counties with more than 200 schools in Deciles 1-3, the county office may use a combination of visits and written surveys of teachers. This may include paper, electronic or online surveys. If a survey is used, the county office must visit the school within the same academic year to verify the accuracy of the information reported on the surveys.

    In future years the cohort of schools in Deciles 1-3 requiring a visit by the county office will be adjusted every third year based on the API at that time.

  2. What about the students who don't bring their textbooks when the school visit occurs? Will this count against us?

    Reviewers will use reasonable judgment to deal with such situations. The visit will triangulate the data collected—the self-study, LEA documentation, and observations from the visit—to determine whether the school has made good-faith attempts to fulfill the legal requirements.

  3. What happens if an LEA doesn't have sufficient instructional materials for Decile 1 and 2 schools and doesn't have sufficient funding to provide a standards-aligned textbook for each student in the four core areas?

    The county superintendent would prepare a report documenting the areas of noncompliance and share that report with the LEA. The LEA would have an opportunity to remedy the deficiency. If the deficiency is not remedied by the second month of the school term as required, the county superintendent would request that the CDE purchase the textbooks or instructional materials necessary to comply with the sufficiency requirement. The funds used to make this purchase of instructional materials would be considered a loan that the LEA would need to repay to the CDE. The CDE would issue a public statement at the next SBE meeting indicating that the superintendent and the governing board failed to provide students with sufficient instructional materials.

  4. If a school is on a multi-track schedule, does the county have to conduct site visits for all tracks?
    Yes.

  5. What if we have not received all of our textbooks from the publisher by the first four weeks of school and/or time of the school visit?

    LEAs should ensure that textbooks and instructional materials are ordered and available for students before the school year begins. LEAs should make every attempt to prioritize the provision of instructional materials to schools affected by the settlement. Issues such as this are exactly what the Williams settlement legislation attempts to ameliorate. If the materials have been ordered, but have not arrived by the date of the county office visit, the county office will monitor to insure that the insufficiency is corrected by the end of the second month of the school year.


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Questions:   Curriculum Frameworks and Instructional Resources Division | CFIRD@cde.ca.gov | 916-319-0881
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