Important Notice:
In 2009, the IMFRP was significantly affected by the passage of the education trailer bill Senate Bill 4 of the 2009-10 Third Extraordinary Session (SBX3 4) (Chapter 12, Statutes of 2009) and Assembly Bill 2 of the 2009-10 Fourth Extraordinary Session (ABX4 2). The California Department of Education has provided guidance on the flexibility provisions and Frequently Asked Questions. The FAQ for the IMFRP are included below as questions numbered 1 through 17.
In 2011, education trailer bill, Senate Bill 70 (SB 70), signed into law March 24, 2011, further affected the IMFRP by extending the "flexibility" timelines. Please see details within the FAQ below.
SBX3 4 and ABX4 2
Instructional Materials
FAQ page on how Instructional Materials Funding Realignment was affected by education trailer Senate Bill 4 of the 2009-10 Third Extraordinary Session (SBX3 4) and Assembly Bill 2 of the 2009-10 Fourth Extraordinary Session (ABX4 2), and education trailer bill, Senate Bill 70 (Statutes of 2011).
Note: Please refer to the Fiscal Issues Relating to Budget Reductions and Flexibility Provisions guidance letter for information on provisions that apply to all programs. The letter covers such matters as the public hearing requirement, base year funding provisions, and how funding reductions will be calculated.
In addition, local educational agencies (LEAs) that are in Year 3 or beyond of Program Improvement should review the Program Improvement frequently asked questions (available later). Certain flexibility provisions will have a different impact on those LEAs.
- Are funds from the Instructional Materials Funding Realignment Program (IMFRP) included in the new flexibility provisions of California Education Code (EC) 42605?
- From what fiscal years may a local educational agency (LEA) use IMFRP funds pursuant to the flexibility provisions?
- We have carryover IMFRP funds from fiscal year 2007-08; can we transfer these funds into our general fund pursuant to the flexibility provisions?
- Can we use IMFRP for “any educational purpose”?
- What instructional materials may an LEA purchase if using funds from any of the 39 categorical programs included in the flexibility provisions?
- Have new laws affected the state’s adoption of instructional materials?
- Have new laws affected LEAs’ requirement to provide students with instructional materials adopted by the SBE within a certain period of time?
- 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?
- When must LEAs implement SBE-adopted instructional materials?
- Are the Williams sufficiency requirements still in place?
- May an LEA implement instructional materials from one adoption at one school and instructional materials from another adoption at another school?
- May an LEA use different textbooks or instructional materials from the same adoption in different classrooms teaching the same course?
- We understood the law to be that if the statewide revenue limit dropped below an annual one percent increase that we do not have to hold an instructional materials sufficiency hearing. Has anything changed—do we have to hold a public hearing regarding instructional materials sufficiency?
- When will we have new curriculum frameworks?
- Work had already begun on the update and revision of the history-social science, science, health and mathematics frameworks. What’s happening to each of them?
- When will work on the frameworks begin again?
- New standards have been adopted for health and world languages, but the frameworks have not been revised to align to these standards. When will that occur?
Instructional Materials General Information
This includes questions regarding definitions and other general information on instructional materials and adoptions in California.
- What are "instructional materials?"
- What are "technology-based materials"?
- Does any kind of electronic hardware necessary for running technology-based materials qualify as a component of technology-based materials?
- May publishers offer instructional materials to LEAs for free?
- Where do I find the state adopted textbooks for high school?
- When do the current adoption lists expire? Can we purchase materials if there is no current adoption list?
- What are standards maps? Do you have them for grades nine through twelve?
- Each local school board needs to do some type of board resolution 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.
- How much IMFRP funding will my district or county office get in 2009-10?
- When will local education agencies receive IMFRP funding allocations?
- Do charter schools receive IMFRP funding?
- What Kindergarten through grade eight materials can we buy with IMFRP funds?
- What high school (grades nine through twelve) materials can we buy with IMFRP funds?
- What are the "Other Approved Purposes" for IMFRP?
- What does the 24 month rule in IMFRP mean?
- What does it mean in the IMFRP that "each pupil is provided with" instructional materials?
- What is required to purchase classroom library materials for Kindergarten through grade four?
- Are the requirements for the IMFRP and the Williams settlement the same?
- Are there funds available to purchase supplementary materials for English Learners to support the core curriculum?
- 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.
- What are the Hearing and Resolution of Education Code Section 60119?
- Do the instructional materials provisions of Education Code Section 60119 apply to all school districts?
- Do the provisions of Education Code Section 60119 apply to charter schools?
- What does a local governing board need to do to comply with the Williams settlement related to instructional materials?
- When does the public hearing need to be held?
- What does "sufficiency of instructional materials" mean?
- Do the requirements regarding instructional materials sufficiency apply to technology-based materials?
- If the district has insufficient instructional materials, what does the district need to do?
- If we have insufficient instructional materials, what sources of funds can we use in addition to our IMFRP funds to purchase additional instructional materials?
- When does the district need to remedy any insufficiency in instructional materials?
- If we do not provide sufficient health or foreign language instructional materials or science laboratory equipment will our funding for instructional materials be affected?
- What about Special Education students and English Learners? Are there any exceptions?
- What materials should be provided to our English learners?
- 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?
- 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?
- Do Web-based or electronic textbooks count as instructional materials?
- 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?
- If a local governing board approves a series of novels and a grammar book for high school English courses, is this acceptable?
- What documentation or evidence of adequate materials purchased do we need to present or have ready?
- How should a district document that it has sufficient materials in grades kindergarten through grade eight as defined in the instructional materials survey form?
- 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.
- What monitoring is required under the Williams settlement for API Decile 1- 3 schools?
- What about the students who don't bring their textbooks when the school visit occurs? Will this count against us?
- 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?
- If a school is on a multi-track schedule, does the county have to conduct site visits for all tracks?
- 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:
Are funds from the Instructional Materials Funding Realignment Program (IMFRP) included in the new flexibility provisions of California Education Code (EC) 42605?
Answer:
Yes. Education Code (EC) Section 42605 stipulates that item 6110-189-0001 (IMFRP) of the Budget Act is included in the new flexibility provisions.
Question 2:
From what fiscal years may a local educational agency (LEA) use IMFRP funds pursuant to the flexibility provisions?
Answer:
Pursuant to EC Section 42605 the flexibility provisions apply to fiscal years 2008-09 through 2014-15.
Question 3:
We have carryover IMFRP funds from fiscal year 2007-08; can we transfer these funds into our general fund pursuant to the flexibility provisions?
Answer:
Yes. LEAs may transfer any remaining instructional materials fund balances existing as of June 30, 2008.
While Senate Bill 4 of the 2009-10 Third Extraordinary Session (SBX3 4) specifically excluded instructional materials fund balances existing as of June 30, 2008, from being included in any flexibility provisions, Assembly Bill 2 of the 2009-10 Fourth Extraordinary Session (ABX4 2) subsequently removed the exclusion for instructional materials.
Question 4:
Can we use IMFRP for “any educational purpose”?
Answer:
Yes, under EC Section 42605(a) IMFRP funds may be used “for any educational purpose.” However, it is important to note that EC Section 42605(e)(2) references certain restrictions on the use of funds if an LEA chooses to use IMFRP or other flexible funds to purchase instructional materials (please see question #5 below).
Question 5:
What instructional materials may an LEA purchase if using funds from any of the 39 categorical programs included in the flexibility provisions?
Answer:
EC Section 42605(e)(2) states the following:
"(A) Any instructional materials purchased by a local education agency shall be the materials adopted by the state board for kindergarten and grades 1 to 8, inclusive, and for grades 9 to 12, inclusive, the materials purchased shall be aligned with state standards as defined by Section 60605, and shall also meet the reporting and sufficiency requirements contained in Section 60119.
"(B) For 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, and that all pupils within the local education agency who are enrolled in the same course shall have identical textbooks and instructional materials, as specified in Section 1240.3."
When using funds from any of the 39 categorical programs included in the flexibility provisions of EC Section 42605 to purchase instructional materials for grades K–8, LEAs may only purchase State Board of Education (SBE) adopted instructional materials from the following adoption lists:
- Foreign Language 2003 and 2005 follow-up
- Health 2004
- History-Social Science 2005
- Science 2006
- Visual and Performing Arts 2006
- Mathematics 2007
- Reading/Language Arts—English-Language Development 2008
- History-Social Science
- Science
- Mathematics
- Reading/Language Arts—English-Language Development
Materials from previous standards-aligned SBE adoption lists may be used to meet the requirements for instructional materials sufficiency. LEAs may utilize general funds or Proposition 20 lottery funds to purchase any instructional materials.
Question 6:
Have new laws affected the state’s adoption of instructional materials?
Answer:
Yes. EC Section 60200.7, states the following:
"Notwithstanding sections 60200 and 60200.1, the state board shall not adopt instructional materials or follow the procedures adopted pursuant to sections 60200 and 60200.1 until the 2015-16 school year."
Question 7:
Have new laws affected LEAs’ requirement to provide students with instructional materials adopted by the SBE within a certain period of time?
Answer:
Yes. EC Section 60422.1, states the following:
"(a) Notwithstanding subdivision (i) of Section 60200, Section 60422, or any other provision of law, for the 2008-09 to the 2014-15 fiscal years, inclusive, the governing board of a school district is not required to provide pupils with instructional materials by a specified period of time following adoption of those materials by the state board.
"(b) Notwithstanding subdivision (a), this section does not relieve school districts of their obligations to provide every pupil with textbooks or instructional materials, as provided in Section 1240.3.…
"(d) This section shall become inoperative on July 1, 2015, and, as of January 1, 2016, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed."
Question 8:
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?
Answer:
No.
Question 9:
When must LEAs implement SBE-adopted instructional materials?
Answer:
The law is unclear on this issue. At present, it is sufficient to say that it is not before July 1, 2015.
Question 10:
Are the Williams sufficiency requirements still in place?
Answer:
Yes. Please reference EC Section 60422.1 (b) above.
Districts must still insure that every student has standards-aligned instructional materials in the four core subjects (state-adopted in grades K–8 and locally adopted for grades 9–12). Additionally, compliance visits for Williams will continue as usual.
EC Section 60422.1 reiterates that nothing relieves the local board from conducting the annual public hearing required by EC Section 60119. For comprehensive FAQs on the public hearing requirements, please see additional related questions below.
An important point is that textbooks or instructional materials from the prior SBE adoption lists meet the sufficiency requirement; for example, mathematics textbooks or instructional materials from the 2001 SBE adoption list and RLA/ELD textbooks or instructional materials from the 2002 SBE adoption list meet Williams sufficiency requirements.
Question 11:
May an LEA implement instructional materials from one adoption at one school and instructional materials from another adoption at another school?
Answer:
All students in the same grade level or course within an LEA must use instructional materials from the same adoption (SBE-adopted for grades K–8; locally adopted for grades 9–12). 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 42605(e)(2)(B) states the following:
“…all pupils within the local education agency who are enrolled in the same course shall have identical textbooks and instructional materials, as specified in Section 1240.3.”
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. 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."
However, Senate Bill 509 (2011-12), by Senator Price, authorized school districts 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 school districts 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 SB 509 Senate Bill - Chaptered.
Question 12:
May an LEA use different textbooks or instructional materials from the same adoption in different classrooms teaching the same course?
Answer:
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 above.
Question 13:
We understood the law to be that if the statewide revenue limit dropped below an annual one percent increase that we do not have to hold an instructional materials sufficiency hearing. Has anything changed—do we have to hold a public hearing regarding instructional materials sufficiency?
Answer:
EC Section 60119 has been amended. Regardless of the revenue limit, the governing board of a school district must hold an annual public hearing in order to determine whether every student has sufficient and appropriate textbooks or instructional materials in mathematics, science, history-social science, and RLA/ELD. Additional information, including FAQs regarding these public hearings, is available in additional related questions below.
Question 14:
When will we have new curriculum frameworks?
Answer:
Curriculum frameworks development is suspended by law until the 2015-16 school year.
EC Section 60200.7 states: "Notwithstanding Sections 60200 and 60200.1, the state board shall not adopt instructional materials or follow the procedures adopted pursuant to Sections 60200 and 60200.1 until the 2015-16 school year." EC Sections 60200 and 60200.1 include the process for curriculum frameworks development.
Question 15:
Work had already begun on the update and revision of the history-social science, science, health and mathematics frameworks. What’s happening to each of them?
Answer:
All development work on the frameworks for history-social science, science, health, and mathematics has been suspended. On July 17, 2009, the Curriculum Development and Supplemental Materials Commission (Curriculum Commission) approved the draft update of the History-Social Science Framework for California Public Schools for field review. The draft framework is posted on the CDE Standards, Curriculum Frameworks & Instructional Resources Division Web page, but the actual field review and online survey will not occur at this time. The State Board of Education’s appointment of members to the Curriculum Framework and Evaluation Criteria Committees (CFCCs) for the health and mathematics frameworks has been suspended. The previously scheduled meetings of the science, health, and mathematics CFCCs have been cancelled.
Question 16:
When will work on the frameworks begin again?
Answer:
The current law provides for resumption of work on the frameworks to begin in the 2015-16 school year.
Question 17:
New standards have been adopted for health and world languages, but the frameworks have not been revised to align to these standards. When will that occur?
Answer:
Though the current law provides for resumption of work on the frameworks in the 2015-16 school year, no schedule has been established for the revision of specific frameworks.
Question 18:
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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What are “technology-based materials”?
Answer:
The definition of technology-based materials is in Education Code Section 60010(m)(1). It 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.
Please also refer to Question #52 below.
Question 20 :
Does any kind of electronic hardware necessary for running technology-based materials qualify as a component of technology-based materials?
Answer:
Education Code 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.”
Question 21:
May publishers offer instructional materials to LEAs for free?
Answer:
Yes. EC 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 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 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 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. Please also see Q&A 18-20 and 53.Question 22:
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.
Question 23:
When do the current adoption lists expire? Can we purchase materials if there is no current adoption list?
Answer:
The issue is affected by the budgetary flexibility provisions extended by SB 70. For more information please see the Summary of Budget Action [http://www.cde.ca.gov/fg/fr/eb/yr09budgetacts.asp].
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 for currently adopted materials) [http://www3.cde.ca.gov/impricelist/implsearch.aspx].
Question 24:
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.
Reading/Language Arts Standards Maps
- Program 1: [http://www.cde.ca.gov/ci/rl/im/rlaeldmapbasic1-2.asp] Reading/Language Arts Basic Program, Kindergarten Through Grade Eight
- Program 2: [http://www.cde.ca.gov/ci/rl/im/rlaeldmapbasic1-2.asp] Reading/Language Arts Basic Program, Kindergarten Through Grade Eight
- Program 3: [http://www.cde.ca.gov/ci/rl/im/basicprog3instr.asp] Primary Language/English-Language Development Basic Program, Kindergarten Through Grade Eight
- Program 4: [http://www.cde.ca.gov/ci/rl/im/rlamapsintintprg4.asp] Intensive Intervention Program in Reading/Language Arts, Grades Four Through Eight
- Program 5: [http://www.cde.ca.gov/ci/rl/im/rlaeldmapsintprg5.asp] Intensive Intervention Program for English Learners, Grades Four Through Eight
Mathematics, K-8 Standards Maps
- Basic program [http://www.cde.ca.gov/ci/ma/im/mathstandmaps.asp]
- Intervention Program [http://www.cde.ca.gov/ci/ma/im/mathintprog.asp]
- Algebra Readiness [http://www.cde.ca.gov/ci/ma/im/stanmapalgebreadns.asp]
Science Standards Maps
- Science, K-8 Standards Maps [http://www.cde.ca.gov/ci/sc/im/scstanmaps.asp]
History-Social Science Standards Maps
- History-Social Science, K-8 Standards Maps [http://www.cde.ca.gov/ci/hs/im/hsstanmaps.asp]
Grades 9-12 Standards Maps for the Core Content Areas
- 9-12 Standards Maps [http://www.cde.ca.gov/ci/cr/cf/gr912stmap.asp]
Question 25:
Each local school board needs to do some type of board resolution as it relates to the adoption of instructional materials. What does this mean?
Answer:
An annual public hearing and resolution on sufficiency is 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.
The Statement of Assurance for instructional materials funds that was previously distributed to districts at the end of each fiscal year is not required for fiscal years 2008-09 through 2014-15.
Instructional Materials Funding.
Question 26:
How much IMFRP funding will my district or county office get in 2009-10?
Answer:
The state budget for 2009-10 is 333.7 million in total funding for the IMFRP. Funding [http://www.cde.ca.gov/fg/fo/index.asp] information year is available . This issue is affected by the budgetary flexibility provisions extended by SB 70. For more information please the Summary of Budget Action [http://www.cde.ca.gov/fg/fr/eb/yr09budgetacts.asp]
Question 27:
When will local education agencies receive IMFRP funding allocations?
Answer:
This issue is affected by the budgetary flexibility provisions extended by SB 70. For more information please see the Summary of Budget Action [http://www.cde.ca.gov/fg/fr/eb/yr09budgetacts.asp]
Question 28:
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))
Question 29:
What Kindergarten through grade eight materials can we buy with IMFRP funds?
This issue is affected by the budgetary flexibility provisions extended by SB 70. For more information please see the Summary of Budget Action [http://www.cde.ca.gov/fg/fr/eb/yr09budgetacts.asp].
Question 30:
What high school (grades nine through twelve) materials can we buy with IMFRP funds?
This issue is affected by the budgetary flexibility provisions extended by SB 70. For more information please see the Summary of Budget Action [http://www.cde.ca.gov/fg/fr/eb/yr09budgetacts.asp].
Question 31:
What are the "Other Approved Purposes" for IMFRP?
This issue is affected by the budgetary flexibility provisions extended by SB 70. For more information please see the Summary of Budget Action [http://www.cde.ca.gov/fg/fr/eb/yr09budgetacts.asp].
Question 32:
What does the 24 month rule in IMFRP mean?
The issue is affected by the budgetary flexibility provisions extended by SB 70. For more information please see the Summary of Budget Action [http://www.cde.ca.gov/fg/fr/eb/yr09budgetacts.asp].
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Question 33:
What does it mean in the IMFRP that "each pupil is provided with" instructional materials?
Answer:
Education Code 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..."
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."
Question 34:
What is required to purchase classroom library materials for Kindergarten through grade four?
The issue is affected by the budgetary flexibility provisions extended by SB 70. For more information please see the Summary of Budget Action.
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Question 35:
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.
Question 36:
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 were to be used in addition to the adopted standards-aligned materials. All funds were to have been fully obligated by June 30, 2009.
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Question 37:
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.
Public Hearing and Sufficiency of Instructional Materials
Question 38:
What are the Hearing and Resolution of Education Code Section 60119?
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 calendar 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. Districts should keep the resolution on file for the district’s annual audit.
Question 39:
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. Note that even with the IMFRP flexibility established by SBX3 4, ABX4 2, and SB 70, districts must continue provide students with sufficient instructional materials and hold annual public hearings during which a resolution regarding instructional materials sufficiency is made.
Question 40:
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
Question 41:
What does a local governing board need to do to comply with the Williams settlement related to instructional materials?
Answer:
All districts must hold an annual 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.
Question 42:
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.
Question 43:
What does "sufficiency of instructional materials" mean?
Answer:
Education Code 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..."
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.
Question 44:
Do the requirements regarding instructional materials sufficiency apply to technology-based materials?
Answer:
Yes. The Williams Settlement instructional materials sufficiency requirements apply equally to technology-based materials. Please also refer to Question #52 below.
Question 45:
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.
Question 46:
If we have insufficient instructional materials, what sources of funds can we use in addition to our IMFRP funds to purchase additional instructional materials?
The issue is affected by the budgetary flexibility provisions extended by SB 70. For more information please see the Summary of Budget Action.
Answer:
Education Code Section 60119 (a)(2)(B) permits districts to use any of the following funds to remedy an insufficiency:
- 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.
- 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.
- 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.
Question 47:
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.
Question 48:
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.
Question 49:
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 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.
Question 50:
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.
Question 51:
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).
Question 52:
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.
Question 53:
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.
Question 54:
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 [http://www.cde.ca.gov/impricelist/implsearch.aspx] 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.
Question 55:
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.
Question 56:
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 [http://www.cde.ca.gov/ci/cr/cf/imsurveyfrms.asp] 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.
Question 57:
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:
Reading/Language Arts Standards Maps
- Program 1: [http://www.cde.ca.gov/ci/rl/im/rlaeldmapbasic1-2.asp] Reading/Language Arts Basic Program, Kindergarten Through Grade Eight
- Program 2: [http://www.cde.ca.gov/ci/rl/im/rlaeldmapbasic1-2.asp] Reading/Language Arts Basic Program, Kindergarten Through Grade Eight
- Program 3: [http://www.cde.ca.gov/ci/rl/im/basicprog3instr.asp] Primary Language/English-Language Development Basic Program, Kindergarten Through Grade Eight
- Program 4: [http://www.cde.ca.gov/ci/rl/im/rlamapsintintprg4.asp] Intensive Intervention Program in Reading/Language Arts, Grades Four Through Eight
- Program 5: [http://www.cde.ca.gov/ci/rl/im/rlaeldmapsintprg5.asp] Intensive Intervention Program for English Learners, Grades Four Through Eight
Mathematics, K-8 Standards Maps
- Basic program [http://www.cde.ca.gov/ci/ma/im/mathstandmaps.asp]
- Intervention Program [http://www.cde.ca.gov/ci/ma/im/mathintprog.asp]
- Algebra Readiness [http://www.cde.ca.gov/ci/ma/im/stanmapalgebreadns.asp]
Science Standards Maps
- Science, K-8 Standards Maps [http://www.cde.ca.gov/ci/sc/im/scstanmaps.asp]
History-Social Science Standards Maps
- History-Social Science, K-8 Standards Maps [http://www.cde.ca.gov/ci/hs/im/hsstanmaps.asp]
Grades 9-12 Standards Maps for the Core Content Areas
- 9-12 Standards Maps [http://www.cde.ca.gov/ci/cr/cf/gr912stmap.asp]
Question 58:
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 [http://www.cde.ca.gov/re/lr/wr/hottopics.asp#Districts].
Williams Settlement Monitoring
Question 59:
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 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 Education Code Section 1240(i)(3) and 5 CCR Section 17101). Such schools under review are not exempt from the Williams textbook sufficiency requirements of Education Code 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.
Question 60:
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 61:
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.
Question 62:
If a school is on a multi-track schedule, does the county have to conduct site visits for all tracks?
Answer:
Yes.
Question 63:
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.
