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Instructional Materials FAQ

Instructional Materials Funding Realignment Program (IMFRP) and Williams Case FAQ and Answers.
   
General Information

This includes questions regarding definitions and other general information on instructional materials and adoptions in California.

  1. What are "instructional materials?"
  2. Where do I find the state adopted textbooks for high school?
  3. When do the current adoption lists expire? Can we purchase materials if there is no current adoption list?
  4. What are standards maps? Do you have them for grades nine through twelve?
  5. Each local school board needs to do some type of board assurance as it relates to the adoption of instructional materials. What does this mean?
Instructional Materials Funding

Questions about the Instructional Materials Funding Realignment Program (IMFRP) which was reauthorized by SB 733 (Torlakson), Chapter 304 of the Statutes of 2008, and other sources of funding.

  1. How much IMFRP funding will my district or county office get in 2007-08?
  2. When will local education agencies receive IMFRP funding allocations?
  3. Do charter schools receive IMFRP funding?
  4. What Kindergarten through grade eight materials can we buy with IMFRP funds?
  5. What high school (grades nine through twelve) materials can we buy with IMFRP funds?
  6. How will districts or county offices of education certify that they have complied with IMFRP?
  7. What are the "Other Approved Purposes" for IMFRP?
  8. What does the 24 month rule in IMFRP mean?
  9. What does it mean in the IMFRP that "each pupil is provided with" instructional materials?
  10. What is required to purchase classroom library materials for Kindergarten through grade four?
  11. Are the requirements for the IMFRP and the Williams settlement the same?
  12. Are there funds available to purchase supplementary materials for English Learners to support the core curriculum?
  13. Did the state set aside funds solely for the schools to purchase textbooks for compliance with the Williams settlement?
Public Hearing and Sufficiency of Instructional Materials

Questions relating to the annual public hearing and resolution on the sufficiency of instructional materials required under the Williams settlement.

  1. What are the Section 60119 Hearing and Resolution?
  2. Do the instructional materials provisions of Education Code Section 60119 apply to all school districts?
  3. Do the provisions of Education Code Section 60119 apply to charter schools?
  4. What does a local governing board need to do to comply with the Williams settlement related to instructional materials?
  5. When does the public hearing need to be held?
  6. What does "sufficiency of instructional materials" mean?
  7. If the district has insufficient instructional materials, what does the district need to do?
  8. If we have insufficient instructional materials, what sources of funds can we use in addition to our IMFRP funds to purchase additional instructional materials?
  9. When does the district need to remedy any insufficiency in instructional materials?
  10. If we do not provide sufficient health or foreign language instructional materials or science laboratory equipment will our funding for instructional materials be affected?
  11. What about Special Education students and English Learners? Are there any exceptions?
  12. What materials should be provided to our English learners?
  13. Schools believed that the state-adopted kindergarten through grade six reading/language arts materials met the science and history-social science standards, so therefore they did not have to buy kindergarten through grade six science or history-social science textbooks. Is this true?
  14. May a district 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?
  15. Do Web-based or electronic textbooks count as instructional materials?
  16. How much of the kindergarten through grade eight adopted materials for each of the core academic areas must each student have to meet the Williams Legislation requirement?
  17. If a local governing board approves a series of novels and a grammar book for high school English courses, is this acceptable?
  18. What documentation or evidence of adequate materials purchased do we need to present or have ready?
  19. How should a district document that it has sufficient materials in grades kindergarten through grade eight as defined in the instructional materials survey form?
  20. What do we do if we did not hold the public hearing as required by Education Code Section 60119?
Williams Settlement Monitoring

Questions regarding the monitoring of instructional materials sufficiency.

  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 us?
  3. What happens if a district 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 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?


Question 1:
What are "instructional materials?"

Answer:

The definition of instructional materials is in Education Code Section 60010 (h). It states "instructional materials means all materials that are designed for use by pupils and their teachers as a learning resource and help pupils acquire facts, skills, or opinions or develop cognitive processes. Instructional materials may be printed or nonprinted, and may include textbooks, technology-based materials, other educational materials, and tests". This includes Web-based and electronic textbooks.

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Question 2:
Where do I find the state adopted textbooks for high school?

Answer:

There are no state adoptions in grades nine through twelve. The State Board of Education only adopts instructional materials for kindergarten through grade eight. Local school district governing boards have the authority and responsibility under Education Code Section 60400 to adopt instructional materials for use in their high schools for grades nine through twelve.

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Question 3:
When do the current adoption lists expire? Can we purchase materials if there is no current adoption list?

Answer:

The statutes now provide that each adoption list continues until the State Board of Education adopts a new list of instructional materials in that subject. For example, the 2001 mathematics adoption list expired in November 2007 and IMFRP funds could have been used to purchase instructional materials on that list until the November expiration date.

Once an adoption list expires, you may not use IMFRP funds to purchase materials from that list. However, if you need to purchase replacement texts after an adoption list has expired, you may use other funds to purchase these materials, such as Proposition 20 restricted lottery funds, general funds, or other funds that are allowed to be used to remedy insufficiencies. (See Price Lists of K-8 Adopted Instructional Materials

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Question 4:
What are standards maps? Do you have them for grades nine through twelve?

Answer:

The grade level content standards maps were developed so that the districts 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 State Board of Education.

Publishers of instructional materials submitted for state adoption in kindergarten through grade eight 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. The completed standards maps are available from the publisher.

Standards map templates for grades nine through twelve have also been developed. Publishers may provide completed standards maps to assist districts in their selection of instructional materials for high school, but they are not required to do so. Districts 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.

Basic program
Intervention Program
Algebra Readiness

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Question 5:
Each local school board needs to do some type of board assurance as it relates to the adoption of instructional materials. What does this mean?

Answer:

There are three separate actions required by school districts related to instructional materials:

  1. Annual public hearing and resolution on sufficiency required by Education Code Section 60119. See following FAQ's related to this requirement. A sample resolution (DOC; 35KB; 3pp.) is available on our Web site. Districts are not required to use this resolution, it is provided only as a guide for district governing boards.
  2. Certification that each pupil has been provided with a standards-aligned textbook or basic instructional materials as required by the Instructional Materials Funding Realignment Program (IMFRP) in Education Code Section 60422(b). This certification is required to be completed when the district has met the IMFRP requirements and triggers flexibility in the use of IMFRP funds. See the Web page on IMFRP for details.
  3. A Statement of Assurance for Instructional Materials Funds is distributed to districts at the end of each fiscal year and must be signed by the district superintendent indicating that all purchases of instructional materials made by the district for that fiscal year conform to the law and regulations. The form must be returned to the California Department of Education in order to receive IMFRP funds for the next fiscal year.
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Instructional Materials Funding.

Question 6:
How much IMFRP funding will my district or county office get in 2007-08?

Answer:

The state budget for 2007-08 included $419.8 million in total funding for the IMFRP, or $69.32 per pupil Kindergarten through grade twelve. Funding information is on the CDE Web site.

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Question 7:
When will local education agencies receive IMFRP funding allocations?

Answer:

According to Education Code Section 60421 (b), funding is to be allocated in September of each year. Ninety percent of the funding is allocated in September with the remaining ten percent allocated the following spring. Allocation information is available on the CDE Web site.

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Question 8:
Do charter schools receive IMFRP funding?

Answer:

Charter schools receive their IMFRP funds as part of their categorical block grant. “Categorical block grant funding may be used for any purpose determined by the governing body of the charter school.” (Education Code Section 47634.1(f))

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Question 9:
What Kindergarten through grade eight materials can we buy with IMFRP funds?

Answer:

Funds for Kindergarten through grade eight must be spent in this order:

  1. State adopted standards-aligned instructional materials
    Districts and county offices of education must use the IMFRP funds to ensure that each pupil is provided with a standards-aligned textbook or basic instructional materials, as adopted by the State Board of Education in the four core curriculum areas of: reading/language arts/English language development, mathematics, science, and history-social science. See Price Lists of K-8 Adopted Instructional Materials for details on state-adopted materials.
  2. State adopted instructional materials in other subjects
    After the local governing board certifies that it has provided each pupil with a standards-aligned textbook or basic instructional materials in the four core academic subjects (history-social science, mathematics, reading/language arts and science), then the district may use IMFRP funds to purchase instructional materials from any other current state adopted list, including health, foreign language, and visual and performing arts. See IMFRP Certification (DOC; 34.5KB; 2pp.) for more information. See Price Lists of K-8 Adopted Instructional Materials for details on the state-adopted materials.
  3. Other approved purchases
    After the local governing board has certified that each pupil has been provided with standards-aligned instructional materials and has met the requirements of Education Code Section 60119 by holding a public hearing and adopting a resolution on the sufficiency of instructional materials (see FAQ on Public Hearing and Sufficiency of Instructional Materials), then the district or county office may use any remaining funds from their IMFRP allocation for other approved purposes (see question # 12).

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Question 10:
What high school (grades nine through twelve) materials can we buy with IMFRP funds?

Answer:

Funds must be spent in this order:

  1. Locally adopted standards-aligned instructional materials
    Districts or county offices of education must ensure that each pupil is provided with a standards-aligned textbook or basic instructional materials in the four core curriculum areas of: reading/language arts, mathematics, science, and history-social science as adopted by the local governing board pursuant to sections 60400 and 60411, for grades nine through twelve, inclusive.

    Adoption of standards-aligned instructional materials must be made by adoption of a resolution by the local governing board that the materials are aligned with the content standards adopted by the State Board of Education. Districts or county offices of education are encouraged to use grade nine through twelve standards maps to insure that instructional materials align with state content standards.
  2. Locally adopted instructional materials in other subjects
    After the local governing board certifies that it has provided each pupil with a standards-aligned textbook or basic instructional materials in the four core academic subjects (history-social science, mathematics, reading/language arts, and science), then the district may use IMFRP funds to purchase locally adopted instructional materials in any of the other subject areas for which there are curriculum frameworks, including health, foreign language, physical education, and visual and performing arts. See IMFRP Certification (DOC; 34.5KB; 2pp.) for more information.
  3. Other Approved purchases
    After the local governing board has certified that each pupil has been provided with standards-aligned instructional materials and has met the requirements of Education Code Section 60119 by holding a public hearing and adopting a resolution (DOC; 35KB; 3pp.) on the sufficiency of instructional materials, then the district may use any remaining funds from their current year allocation for other approved purposes (see question # 12).

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Question 11:
How will districts or county offices of education certify that they have complied with IMFRP?

Answer:

Education Code Section 60422 (b) requires local education agencies to certify that they have provided each pupil with standards-aligned textbooks or basic instructional materials and that they have done so within the time limit stated. This certification can be accomplished by local governing board action taken either at the time that the action has been completed, or when the governing board conducts its hearing pursuant to Education Code Section 60119. For suggested language see IMFRP Certification (DOC; 34.5 KB; 2pp.) and 60119 Resolution. (DOC; 35KB; 3pp.)

Also, California Education Code Section 60242.5 requires the superintendent of each school district and county office of education to provide a written assurance to the State Superintendent of Public Instruction that all purchases of instructional materials for fiscal year 2006-07 conform to law and the applicable rules and regulations adopted by the State Board of Education. The Statement of Assurance is sent to each district and county office of education at the end of each fiscal year and must be signed and returned in order to receive IMFRP funds for the next year.

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Question 12:
What are the "Other Approved Purposes" for IMFRP?

Answer:

Once a district or county office of education has 1) provided all students with standards-aligned textbooks or basic instructional materials in the four core academic areas and 2) met the requirements of Section 60119 then any remaining funds in the annual IMFRP allocation may be used for other stated purposes as listed in Section 60242 (a). These include the following:

  • Purchase "at the district's discretion, instructional materials, including, but not limited to, supplementary instructional materials and technology-based materials, from any source." These instructional materials must be reviewed and approved for compliance with the legal and social requirements of Education Code sections 60040-60045 and 60048 and the State Board of Education guidelines in Standards for Evaluating Instructional Materials for Social Content (PDF, 626KB; 20pp.) 2000 edition. The legal and social compliance review may be done locally or at the state level. Materials that have passed the state level review are listed in Legal and Social Compliance Approved Out-of-Cycle Instructional Materials.
  • Purchase tests.
  • Purchase classroom library materials for Kindergarten through grade four.
  • Bind basic textbooks that are otherwise usable and are on the most recent list of basic instructional materials adopted by the State Board of Education.
  • Fund in-service training related to instructional materials. (Note that the California Code of Regulations (CCR), Title 5, Section 9505 states: No cash allotment authorized by Education Code Section 60242(b) for purchase of in-service training shall be expended for salaries or for travel or per diem expenses of district employees during or attendant to participation in such in-service training.)

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Question 13:
What does the 24 month rule in IMFRP mean?

Answer:

The IMFRP requires that "pupils shall be provided 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 State Board of Education." (Education Code Section 60422 [a]).

For Kindergarten through grade eight, each pupil is to be provided with state-adopted instructional materials aligned to state standards by the start of the school term that commences no later than 24 months from the state adoption date for Kindergarten through grade eight materials. The current state standards-aligned kindergarten through grade eight instructional materials adoptions are as follows:

  • 2005 - History-Social Science
  • 2006 - Science
  • 2007 - Mathematics
  • 2008 - Reading/Language Arts/English Language Development


For example, the state adopted new mathematics instructional materials in November 2007 and the district is required to provide each K-8 pupil with materials from this adoption by the start of the fall 2009 school term. A district that does not provide each student with the newly adopted instructional materials within the 24 months risks losing its IMFRP allocation.

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Question 14:
What does it mean in the IMFRP that "each pupil is provided with" instructional materials?

Answer:

There is no specific definition of the phrase "provided with." The local governing board will determine how it will provide these textbooks or basic instructional materials to students. However, Education Code Section 60119 now defines sufficient textbooks or instructional materials to mean that, “each pupil, including English learners, has a textbook, or instructional materials, or both, to use in class and to take home."

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Question 15: What is required to purchase classroom library materials for Kindergarten through grade four?

Answer:

If the district or county office of education has met the basic requirements of IMFRP (provided standards-aligned materials within the 24 month timeline and met the requirements of Section 60119) and wishes to use remaining funds to purchase classroom library materials, the district or county office of education must develop a district wide classroom library plan for kindergarten to grade four and have the plan certified by the governing board. The plan must include a means of preventing loss, damage, or destruction of the materials.

Districts and county offices of education are encouraged to consult with school library media teachers and primary grade teachers and to consider selections included in the list of Recommended Literature: Kindergarten Through Grade Twelve. If a school district or county office of education already has a plan meeting these criteria, no new plan is required. See details in Education Code Section 60242 (d) (1).

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Question 16:
Are the requirements for the IMFRP and the Williams settlement the same?

Answer:

Though the requirements are similar and in some cases overlap, there are a few differences. School districts are required to meet the Williams requirements for sufficient instructional materials and, in order to continue to receive IMFRP funding, the district must meet the IMFRP requirements.

Both Williams and IMFRP require that each pupil be provided with standards-aligned textbooks or instructional materials in the four core curriculum areas of reading/language arts, mathematics, science and history-social science. The IMFRP requires that for students in kindergarten through grade eight these be state adopted standards-aligned textbooks or basic instructional materials, while the Williams settlement does not specifically require that the textbooks be state adopted.

Williams requires that each pupil in kindergarten through grade twelve be provided with the appropriate standards-aligned instructional materials by the end of the second month of each school year, while the IMFRP requires that students in kindergarten through grade eight be provided with the new state-adopted instructional materials by the start of the school term that commences no later than 24 months from the date of adoption.

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Question 17:
Are there funds available to purchase supplementary materials for English Learners to support the core curriculum?

Answer:

In the 2006-07 state budget a total of $30 million was set aside for districts to purchase supplemental instructional materials for English Learners. These supplemental materials are to be used in addition to the adopted standards-aligned materials. The funding level depends on the number of districts that apply to participate in this one-time only apportionment and is estimated to be between $18-25. These funds will be allocated early in 2008.

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Question 18:
Did the state set aside funds solely for the schools to purchase textbooks for compliance with the Williams settlement?


Answer:

A total of $138 million was allocated in 2004-05 to districts based on enrollment in schools in API Decile 1 and 2. These funds were restricted to the purchase of standards-aligned adopted textbooks, state-adopted for grades kindergarten through grade eight and locally adopted for grades nine through twelve, in reading/language arts, mathematics, science and history-social science for students in Decile 1 and 2 schools. This was a one-time appropriation.

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Public Hearing and Sufficiency of Instructional Materials.

Question 19:
What are the Section 60119 Hearing and Resolution?

Answer:

Education Code Section 60119 requires that local governing boards hold an annual public hearing and adopt a resolution (DOC; 35KB; 3pp.) stating whether each pupil in the district 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 State Board of Education.

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 days notice of the public hearing posted in at least three public places within the district. 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:

  • Give the percentage of students in each school and subject that lack sufficient instructional materials
  • Provide information to classroom teachers and to the public that sets forth the reasons why each pupil does not have sufficient textbooks or instructional materials
  • Take action to insure that each pupil has sufficient instructional materials within two months of the start of the school year

This public hearing and resolution are required annually in those fiscal years where the base revenue limit for each school district in the state will increase by at least one percent. The resolution is not submitted to the California Department of Education. Districts should keep the resolution on file for the district’s annual audit.

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Question 20:
Do the instructional materials provisions of Education Code Section 60119 apply to all school districts?

Answer:

Yes, the provisions of Education Code Section 60119 requiring an annual public hearing and adoption of a resolution on the sufficiency of instructional materials apply to all public school districts and county offices of education.

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Question 21:
Do the provisions of Education Code Section 60119 apply to charter schools?

Answer:

A charter school will only be required to comply with Education Code Section 60119 if it "opts in" to the Williams settlement or if it receives IMFRP funding as a separate allocation. Charter schools generally receive their IMFRP funds in the Charter School Categorical Block Grant. Therefore, they do not come under the Section 60119 requirements

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Question 22:
What does a local governing board need to do to comply with the Williams settlement related to instructional materials?

Answer:

All districts must hold a public hearing and make a determination through a resolution (DOC; 35KB; 3pp.) that every pupil has sufficient textbooks or instructional materials in the four core areas of reading/language arts, mathematics, science, and history-social science. If there are insufficient instructional materials in these areas the governing board must take action to correct the insufficiency. The governing board must also make a written determination as to whether there are sufficient health and foreign language textbooks for every pupil enrolled in those classes and on the availability of science laboratory equipment for grades nine through twelve.

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Question 23:
When does the public hearing need to be held?

Answer:

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 districts, 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.
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Question 24:
What does "sufficiency of instructional materials" mean?

Answer:

Education Code 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.

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Question 25:
If the district has insufficient instructional materials, what does the district need to do?

Answer:

The district must provide information to classroom teachers and the public setting forth, for each school in which there is an insufficiency:

  • The percentage of pupils who lack sufficient standards-aligned textbooks or instructional materials in each subject area
  • The reasons that each pupil does not have sufficient instructional materials.

The district must then take action to ensure that each pupil has sufficient instructional materials within two months of the beginning of the school year.

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Question 26:
If we have insufficient instructional materials, what sources of funds can we use in addition to our IMFRP funds to purchase additional instructional materials?

Answer:

Education Code Section 60119 (a)(2)(B) permits districts to use any of the following funds to remedy an insufficiency:

  1. Any funds available for textbooks or instructional materials, or both, from categorical programs, including any funds allocated to school districts that have been appropriated in the annual Budget Act.
  2. Any funds of the district that are in excess of the amount available for each pupil during the prior fiscal year to purchase textbooks or instructional materials, or both.
  3. Any other funds available to the school district for textbooks or instructional materials, or both.

Examples of funds that may be used to remedy the insufficiency include, but are not limited to, lottery funds, Proposition 20 restricted lottery funds, school improvement funds, and general funds.

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Question 27:
When does the district need to remedy any insufficiency in instructional materials?

Answer:

The district will be expected to remediate any insufficiency of instructional materials within two months of the beginning of the school year. If a district 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.

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Question 28:
If we do not provide sufficient health or foreign language instructional materials or science laboratory equipment will our funding for instructional materials be affected?

Answer:

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

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Question 29:
What about Special Education students and English Learners? Are there any exceptions?

Answer:

Special education resource students should be enrolled in mainstream core classes and should have core textbooks in the four core subject areas. Special day students' Individualized Education Programs (IEPs) may require modified instructional materials. The Williams settlement legislation does not circumvent IEPs. English learners are explicitly mentioned in the law and must have state-adopted textbooks in the four core subject areas, including the English language development component of an adopted program.

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Question 30:
What materials should be provided to our English learners?

Answer:

English learners must be provided standards-aligned instructional materials. For grades kindergarten through grade eight 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.

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Question 31:
Schools believed that the state-adopted kindergarten through grade six reading/language arts materials met the science and history-social science standards, so therefore they did not have to buy kindergarten through grade six science or history-social science textbooks. Is this true?

Answer:

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

While the Williams settlement did not specifically require that each pupil be provided with state adopted instructional materials, districts must still meet the IMFRP requirement to provide each student in kindergarten through grade eight with state adopted, standards-aligned instructional materials in history-social science and science by the start of the school term that commences no later than 24 months from the date of adoption of the instructional materials by the State Board of Education. (Education Code Section 60422) Districts must provide each pupil with newly adopted history-social science instructional materials by the start of the Fall 2007 school term and with newly adopted science instructional materials by the start of the Fall 2008 school term. See the IMFRP FAQ (link here) for more information.

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Question 32:
May a district 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?

Answer:

Districts should determine and specify in their sufficiency resolutions those materials which meet the definition of sufficiency. Education Code 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 a district 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 district is not required to buy an individual textbook for each student.

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Question 33:
Do Web-based or electronic textbooks count as instructional materials?

Answer:

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.

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Question 34:
How much of the kindergarten through grade eight adopted materials for each of the core academic areas must each student have to meet the Williams Legislation requirement?

Answer:

The CDE Web site Price Lists of K-8 Adopted Instructional Materials has lists of the state-adopted kindergarten through grade eight instructional materials. Each district 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.

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Question 35:
If a local governing board approves a series of novels and a grammar book for high school English courses, is this acceptable?

Answer:

Yes, as long as the local board adopted that combination of materials as being standards-aligned. Districts 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.

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Question 36:
What documentation or evidence of adequate materials purchased do we need to present or have ready?

Answer:

Education Code Section 60119 requires documentation of sufficiency of instructional materials to be presented at the board meeting and public hearing. The CDE has developed survey forms that may be used as a self-study and county office validation tool for grades kindergarten through grade twelve. This includes a list of the state adopted standards-aligned programs for kindergarten through grade eight. Districts with high schools, grades nine through twelve, will generate a list of their locally adopted standards-aligned instructional materials information according to guidelines recommended by the CDE.

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Question 37:
How should a district document that it has sufficient materials in grades kindergarten through grade eight as defined in the instructional materials survey form?

Answer:

Current law calls for a district 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, a district 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:

Basic program
Intervention Program
Algebra Readiness

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Question 38:
What do we do if we did not hold the public hearing as required by Education Code Section 60119?

Answer:

School district audits now include the reporting requirements for the sufficiency of textbooks and instructional materials as defined by Education Code Section 60119. If a district receives an audit finding the district should contact the county office of education regarding their ability to certify correction of the audit exception. More information can be found on the Waiver Process Web page under 60119 Waiver Information after Williams Case Lawsuit Settlement.

Williams Settlement Monitoring.

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Question 39:
What monitoring is required under the Williams settlement for API Decile 1- 3 schools?

Answer:

The initial monitoring under Williams was based on the 2003 API, but commencing in 2007-08 for schools ranked in Decile 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.

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.

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Question 40:
What about the students who don't bring their textbooks when the school visit occurs? Will this count against us?

Answer:

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

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Question 41:
What happens if a district 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?

Answer:

The county superintendent would prepare a report documenting the areas of noncompliance and share that report with the district. The district 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 California Department of Education (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 district would need to repay to the CDE. The CDE would issue a public statement at the next State Board of Education meeting indicating that the district superintendent and the governing board failed to provide students with sufficient instructional materials.

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Question 42:
If a school is on a multi-track schedule, does the county have to conduct site visits for all tracks?

Answer:

Yes.

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Question 43:
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?

Answer:

Districts should ensure that textbooks and instructional materials are ordered and available for students before the school year begins. School districts 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: Susan Martimo | smartimo@cde.ca.gov | 916-319-0446 
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