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The Instructional Materials Funding Realignment Program (IMFRP) FAQ have been revised to include changes due to the Passage of Assembly Bill (AB) 831, Chapter 118, Statutes of 2005, and changes due to the revision of the IMFRP regulations.
Public Hearing/Resolution on Sufficiency of Instructional
Materials
- Do the new instructional materials provisions
of Education Code Section 60119 apply to all school
districts?
- What does a local governing board of education
need to do to comply with the new law related to instructional
materials?
- 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?
- Do the new instructional materials provisions
of Education Code Section 60119 apply to charter schools?
- When does the district need to hold the hearing?
- If the district has insufficient instructional materials, what does the district need to do?
- 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 does "sufficiency of instructional
materials" mean?
- What about Special Education students and English
Learners? Are there any exceptions?
- Schools believed that the state-adopted kindergarten through grade six
Open Court or Houghton Mifflin 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?
- Some grades in our district do not have history-social
science textbooks, yet the next adoption is scheduled for 2005.
Can we wait for the next adoption so we don't waste money?
- The 1999 History Adoption list expired June 30, 2005. How can we purchase materials if there is no current adoption list?
- What materials should be provided to our English
learners?
- Can the AB 2519 instructional materials, adopted
in 1999, meet the "sufficient" definition?
- Will 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 alternative sufficient materials in grades kindergarten through grade eight as defined in the instructional materials survey form?
- 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?
Funding
- If we have insufficient instructional materials,
what sources of funds can we use in addition to our IMFRP funds
to purchase additional instructional materials?
- Are there funds available to purchase supplementary
materials for English Learners to support the core curriculum?
- Has the state set aside funds solely for the
schools to purchase textbooks for Williams settlement
legislation compliance?
- If a district purchased the required materials
using other available funds can they reimburse these other accounts
using the new Williams settlement funds?
- What about Academic Performance Index (API) Decile 3 schools? What should
they do if they need to purchase materials?
- Are charter schools included under the Williams
settlement to get the additional funding for instructional
materials?
- Will the CDE modify its statement of assurance
for the expenditure of instructional materials funds to include
the separate funding for English Learners and the funding for
Decile 1 and 2 schools?
Monitoring of Instructional Materials
- What does the Williams settlement
legislation require of 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 either in the district or with the new
Williams settlement 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?
Public Hearing/Resolution on Sufficiency of Instructional Material
- Do the new instructional materials
provisions of Education Code Section 60119 apply to
all school districts?
Yes, the provisions of Education Code Section
60119 requiring an annual hearing and adoption of a resolution
on sufficiency of instructional materials apply to all districts.
This section was recently revised with the passage of AB 831, Chapter 118, Statutes of 2005, which took effect July 26, 2005.
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- What does a local governing board
of education need to do to comply with the new law related to
instructional materials?
All districts must hold a public hearing by the eighth
week of the school year to make a determination through a resolution
that every pupil has sufficient textbooks or instructional materials
in the four core areas of reading/language arts, mathematics,
science, and history-social science. The governing board must also make a written determination
as to whether there are sufficient health and foreign
language textbooks for every pupil enrolled, and the availability
of science laboratory equipment for grades nine through twelve. .
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- 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?
There are three separate actions required by school
districts related to instructional materials:
- Annual public hearing and resolution on sufficiency required
by Education Code Section 60119. See following
FAQ's related to this requirement. A sample
resolution including the new requirements 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.
- 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.
- 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 and returned to the California Department of Education in order to receive IMFRP funds for the next fiscal year.
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- Do the new instructional materials
provisions of Education Code Section 60119 apply to
charter schools?
A charter school will only be required to comply with
Education Code Section 60119 if it "opts in"
to the Williams settlement. Charter schools receive
their IMFRP funds in the Charter School Categorical Block Grant.
Therefore, they do not come under the Section 60119 requirements
unless they receive separate instructional materials funding
under the Williams settlement.
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- When does the district need to hold
the hearing?
The public hearing must
be held between the first day that pupils attend school and 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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- If the district has insufficient instructional materials, what does the district need to do?
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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- When does the district need to remedy any insufficiency in instructional materials?
In 2005-06 and thereafter, the district will be expected to remediate any insufficiency of instructional materials within two months of the beginning of the school year.
- If we do not provide sufficient health
or foreign language instructional materials or science laboratory
equipment will our funding for instructional materials be affected?
The provision of textbooks for health and foreign language
or science equipment in high schools is not a condition of receipt
of funds.
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- What does "sufficiency of instructional
materials" mean?
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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- What about Special Education students
and English Learners? Are there any exceptions?
Special education resource students should be enrolled
in mainstream core classes and should have 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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- Schools believed that the state-adopted
kindergarten through grade six Open Court or Houghton Mifflin 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?
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.
The science and history-social science materials in the Open
Court and Houghton Mifflin reading/language arts programs may
be used to develop an instructional program consistent with
the content and cycles of the curriculum frameworks.
To meet the definition of "sufficient" under Education
Code Section 60119, a district must provide instructional
materials that are consistent with the academic content standards and the content and cycles of
the curriculum frameworks for each student to use in class and
to take home. The district may have developed
an instructional program consistent with the content and cycles
of the curriculum framework by combining one or more instructional
resources. If the local governing board is responsible for adopting
materials, then it should have a resolution of sufficiency stating
its instructional materials are aligned to the content standards and consistent with the content
and cycles of the curriculum framework for that subject area.
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- 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?
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 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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- Some grades in our district do not
have history-social science textbooks, yet the next adoption
is scheduled for 2005. Can we wait for the next adoption so
we don't waste money?
No. The intent of the law is to ensure every student
has textbooks or instructional materials to complete coursework
now. There are a number of ways you can meet the requirement for sufficiency of instructional materials. See the questions above.
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- The 1999 History Adoption list expired June 30, 2005. How can we purchase materials if there is no current adoption list?
You may not use IMFRP funds to purchase materials from an expired adoption list. However, 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 FAQ #21)
If you have schools in Decile 1 and 2 and received Williams instructional materials funds in 2004-05, you may use those funds to purchase materials from an expired standards-aligned adoption list to fill any gaps in instructional materials at those schools. The intended use of these funds was to remedy any instructional materials insufficiencies at the lowest performing schools.
- What materials should be provided
to our English learners?
English learners must be provided standards-aligned
instructional materials. For grades kindergarten through grade eight these are 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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- Can the AB 2519 instructional materials,
adopted in 1999, meet the "sufficient" definition?
Though the AB 2519 adoption lists have expired the instructional materials adopted under AB 2519 may
still be used by districts . To meet the definition of "sufficient" under Education Code Section 60119, a district must
provide instructional materials that are aligned to the academic content standards and consistent with the
content and cycles of the curriculum frameworks for each student
to use in class and to take home. The
district may have developed an instructional program aligned to the academic content standards and consistent
with the content and cycles of the curriculum framework by combining
one or more instructional resources. If the local governing
board is responsible for adopting materials, then it should
have a resolution of sufficiency stating its instructional materials
are aligned to the academic content standards and consistent with the content and cycles of the curriculum framework for that subject area.
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- Will Web-based or electronic textbooks
count as instructional materials?
Yes, if all students have access to the materials both
at school and at home. This presumes that
students who have Web-based materials have access to computers
and the Internet in school and at home and that student who
have electronic textbooks have access to computers in school
and at home.
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- 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?
The CDE Web site Price Lists
of kindergarten through grade eight 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.
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- If a local governing board approves
a series of novels and a grammar book for high school English
courses, is this acceptable?
Yes, as long as the local board adopted that combination
of materials as being standards-aligned. 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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- What documentation or evidence of
adequate materials purchased do we need to present or have ready?
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 grades 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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- How should a district document that it has alternative sufficient materials in grades kindergarten through grade eight as defined in the instructional materials survey form?
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:
- 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?
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.
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Funding
- If we have insufficient instructional
materials, what sources of funds can we use in addition to our
IMFRP funds to purchase additional instructional materials?
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.
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- Are there funds available to purchase
supplementary materials for English Learners to support the
core curriculum?
In the 2004-05 state budget a total of $30 million
has been 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 per student based on the
2003-04 language census.
Districts must submit their intent to purchase by March 31,
2005, the State Board will approve distribution of the funds
at their July 2005 meeting, and the funds must be encumbered
by June 30, 2006.
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- Has the state set aside funds solely
for the schools to purchase textbooks for Williams
settlement legislation compliance?
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 are 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.
The allocation was calculated based on the enrollment in Decile
1 and 2 schools, and must be spent to ensure
that students in these schools have sufficient standards-aligned
instructional materials.
Note: Assembly Bill 831, Chapter 118, Statutes of 2005, which took effect July 26, 2005, restricts the use of these funds. Purchases made with these funds after July 26, 2005, are restricted to the purchase of standards-aligned instructional materials only for students in Decile 1 and 2 schools.
This is a one-time appropriation and is not a loan and does
not need to be repaid.
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- If a district purchased the required
materials using other available funds can they reimburse these
other accounts using the new Williams settlement funds?
No. The new funds must be used to purchase standards-aligned
instructional materials.
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- What about API Decile 3 schools?
What should they do if they need to purchase materials? Governing
boards of districts with schools where an insufficiency of instructional
materials exists are allowed under Education Code Section
60119 (a)(2)(A) to use money in any of the following funds:
- 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 school 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.
Districts may use existing instructional materials appropriations,
lottery, or discretionary funds to purchase instructional
materials. Districts may also use the additional instructional
materials funding provided under the Williams settlement
to purchase standards-aligned adopted instructional materials.
See Question 23 for more details.
For extraordinary situations, the state has set aside an additional
$5 million to be used when county offices request materials
for schools that have insufficient standards-aligned instructional
materials and have not been able to remediate the problem
using other funds available to the district. In this case,
recipient districts must repay the CDE to replenish the account.
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- Are charter schools included under
the Williams settlement to get the additional funding
for instructional materials?
Yes, if the charter school decides to "opt-in"
to the provisions of the Williams implementing legislation.
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- Will the CDE modify its statement
of assurance for the expenditure of instructional materials
funds to include the separate funding for English Learners and
the funding for Decile 1 and 2 schools?
Yes, CDE will modify the 2004-05 Statement of Assurance
for Instructional Materials Funds and will distribute
a new document at the end of the fiscal year.
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Monitoring of Instructional Materials
- What does the Williams
settlement legislation require of API Decile 1- 3 schools?
For schools ranked in 2003 API Decile 1- 3, 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 School
Accountability Report Card accuracy.
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.
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- What about the students who don't
bring their textbooks when the school visit occurs? Will this
count against us?
Reviewers will use reasonable judgment to deal with
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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- What happens if a district doesn't
have sufficient instructional materials for Decile 1 and 2 schools
and doesn't have sufficient funding either in the district or
with the new Williams settlement funding to provide
a standards-aligned textbook for each student in the four core
areas?
The county superintendent would prepare a report documenting
the areas of noncompliance and share that report with the 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), with approval
of the State Board of Education, 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.
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- If a school is on a multi-track schedule,
does the county have to conduct site visits for all tracks?
Yes.
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