2005 California Education Code Sections 60040-60048 Article 3. Requirements, Materials

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.