60040-60052

EDUCATION CODE
SECTION 60040-60052




60040.  When adopting instructional materials for use in the
schools, governing boards shall include only instructional materials
which, in their determination, accurately portray the cultural and
racial diversity of our society, including:
   (a) The contributions of both men and women in all types of roles,
including professional, vocational, and executive roles.
   (b) The role and contributions of Native Americans, African
Americans, Mexican Americans, Asian Americans, European Americans,
and members of other ethnic and cultural groups to the total
development of California and the United States.
   (c) The role and contributions of the entrepreneur and labor in
the total development of California and the United States.




60041.  When adopting instructional materials for use in the
schools, governing boards shall include only instructional materials
that accurately portray both of the following, whenever appropriate:
   (a)  Humanity's place in ecological systems and the necessity for
the protection of our environment.
   (b) The effects on the human system of the use of tobacco,
alcohol, and narcotics and restricted dangerous drugs, as defined in
Section 11032 of the Health and Safety Code, and other dangerous
substances.



60042.  When adopting instructional materials for use in the
schools, governing boards shall require such materials as they deem
necessary and proper to encourage thrift, fire prevention and the
humane treatment of animals and people.


60043.  When adopting instructional materials for use in the
schools, the governing board shall require, when appropriate to the
comprehension of pupils, that textbooks for social science, history
or civics classes contain the Declaration of Independence and the
Constitution of the United States.



60044.  No instructional materials shall be adopted by any governing
board for use in the schools which, in its determination, contains:
   (a) Any matter reflecting adversely upon persons because of their
race, color, creed, national origin, ancestry, sex, handicap, or
occupation.
   (b) Any sectarian or denominational doctrine or propaganda
contrary to law.



60045.  (a) All instructional materials adopted by any governing
board for use in the schools shall be, to the satisfaction of the
governing board, accurate, objective, and current and suited to the
needs and comprehension of pupils at their respective grade levels.
   (b) With the exception of literature and tradebooks, all
instructional materials adopted by any governing board for use in
schools shall use proper grammar and spelling. The state board may
adopt regulations that provide for other allowable exceptions to this
subdivision for educational purposes, as determined by the state
board.


60046.  Any governing board may conduct an investigation of the
compliance of any instructional materials which it adopts with the
requirements of this article.



60047.  In the event that after the good faith acquisition of
instructional materials by a governing board, the instructional
materials are found to be in violation of this article and the
governing board is unable to acquire other instructional materials
which meet the requirements of this article in time for them to be
used when the acquired materials were planned to be used, the
governing board may use the acquired materials but only for that
academic year.


60048.  (a) Basic instructional materials, and other instructional
materials required to be legally and socially compliant pursuant to
Sections 60040 to 60047, inclusive, including illustrations, that
provide any exposure to a commercial brand name, product, or
corporate or company logo in a manner that is inconsistent with
guidelines or frameworks adopted by the State Board of Education may
not be adopted by a school district governing board.
   (b) The governing board of a school district may not adopt basic
instructional materials, and other instructional materials required
to be legally and socially compliant pursuant to Sections 60040 to
60047, inclusive, including illustrations, that contain a commercial
brand name, product, or corporate or company logo unless the
governing board makes a specific finding pursuant to the criteria set
forth in paragraph (5) of subdivision (c) of Section 60200 that the
use of the commercial brand name, product, or corporate or company
logo in the instructional materials is appropriate.
   (c) Nothing in this section shall be construed to prohibit the
publisher of instructional materials to include whatever corporate
name or logo on the instructional materials that is necessary to
provide basic information about the publisher, to protect its
copyright, or to identify third party sources of content.
   (d) The state board may adopt regulations that provide for other
allowable exceptions to this section, as determined by the state
board.
   (e) The Superintendent of Public Instruction shall develop, and
the State Board of Education shall adopt, guidelines to implement
this section.



60051.  (a) The department shall, as a pilot program, authorize 12
schools to request publishers to make instructional materials
available for purchase in an electronic multimedia format pursuant to
subdivision (e). A school district shall apply on behalf of a school
to participate in the pilot program. Before authorizing a school to
participate in the pilot program, the department shall certify that
the school district that is applying on behalf of the school has no
unmet needs for instructional materials. A school district shall seek
funding from the federal Enhancing Education Through Technology
Program or through the No Child Left Behind Act of 2001 (20 U.S.C.
Sec. 6301 et seq.) or other discretionary funds for purposes of the
pilot program. Participating schools may also use moneys from the
State Instructional Materials Fund, pursuant to Article 3 (commencing
with Section 60240) of Chapter 2 of Part 33, for purchase of
instructional materials for the pilot program.
   (b) The 12 schools shall be selected as follows:
   (1) Four schools located in the northern region of the state, two
of which are located in urban or suburban areas, and two of which are
located in rural areas. No less than one of the four schools shall
be a school ranked in deciles 1 to 3, inclusive, of the 2003 Academic
Performance Index, as defined in subdivision (b) of Section
17592.70.
   (2) Four schools located in the central region of the state, two
of which are located in urban or suburban areas, and two of which are
located in rural areas. No less than one of the four schools shall
be a school ranked in deciles 1 to 3, inclusive, of the 2003 Academic
Performance Index, as defined in subdivision (b) of Section
17592.70.
   (3) Four schools located in the southern region of the state, two
of which are located in urban or suburban areas, and two of which are
located in rural areas. No less than one of the four schools shall
be a school ranked in deciles 1 to 3, inclusive, of the 2003 Academic
Performance Index, as defined in subdivision (b) of Section
17592.70.
   (c) The department shall notify the school districts about the
pilot program through the use of their Internet Web site and
electronic mail by March 1, 2007.
   (d) The deadline to apply for the pilot program is September 1,
2007. The department shall select the schools for the pilot program
by December 31, 2007.
   (e) (1) Upon adoption by the state board of basic instructional
materials for use in kindergarten and grades 1 to 8, inclusive, a
publisher that makes the instructional materials available to a
school district in a hard copy format may, on a voluntary basis, and
at the request of a school district selected for the pilot program,
make the instructional materials available for purchase by that
school district in an electronic multimedia format.
   (2) Upon adoption of basic instructional materials for use in
grades 9 to 12, inclusive, by the governing board of a school
district that maintains a high school, a publisher that makes the
instructional materials available to a school district in a hard copy
format may, on a voluntary basis, and at the request of a school
district selected for the pilot program, make the instructional
materials available for purchase by that school district in an
electronic multimedia format.
   (3) This subdivision applies to a publisher only if the owner of
the copyright for the instructional materials grants to the publisher
the electronic reproduction rights for those materials.
   (4) A school district that purchases instructional materials in an
electronic multimedia format pursuant to this subdivision shall
comply with the instructional materials requirements of this part
pertaining to those particular instructional materials.
   (5) (A) A school district that purchases instructional materials
in an electronic multimedia format pursuant to this subdivision shall
do both of the following:
   (i) Provide a pupil that receives instructional materials in an
electronic multimedia format access to a working computer that can
operate the programs necessary to view the instructional materials.
   (ii) Purchase sufficient instructional materials in a hard copy
format to use as a replacement of instructional materials in an
electronic multimedia format for a pupil who does not have access to
a working computer that can operate the programs necessary to view
the instructional materials, and who has requested, or whose parent
or guardian has requested, instructional materials in a hard copy
format.
   (B) If a pupil does not have access to a working computer that can
operate the programs necessary to view the instructional materials,
the school district shall provide the pupil with instructional
materials in a hard copy format.
   (6) If a publisher is unable to provide adopted instructional
materials in an electronic multimedia format pursuant to this
subdivision, the state board may authorize a school that participates
in the pilot program to select and use alternate instructional
materials in an electronic multimedia format that are aligned with
state content standards and have been reviewed by the California
Learning Resources Network.
   (7) This subdivision applies only to basic instructional materials
for kindergarten and grades 1 to 8, inclusive, that are adopted by
the state board on or after January 1, 2000, and to basic
instructional materials for grades 9 to 12, inclusive, that are
adopted by the governing board of a school district on or after
January 1, 2000.
   (f) A school that participates in the pilot program shall ensure
that each pupil is provided with the electronic equipment necessary
to utilize instructional materials in an electronic format. If the
electronic equipment requires repair or maintenance, the school shall
ensure that a pupil is not denied access to a computer for more than
two consecutive schooldays.
   (g) By December 31, 2011, the department shall evaluate the
effectiveness of the pilot program, and shall report on the results
of the evaluation to the Governor and the appropriate committees of
the Legislature.
   (h) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2016, deletes or extends that
date.



60052.