2005 California Education Code Sections 60117-60119 Incentive Program

60117.  This article shall be known and may be cited as the Pupil
Textbook and Instructional Materials Incentive Program Act.
60118.  County offices of education may, at their option, be
eligible to receive funds pursuant to this article.  Allocations to
county offices of education shall be based upon prior year average
daily attendance in county operated educational programs and at the
average amount allocated to school districts per unit of average
daily attendance.  For the purposes of this article, the terms
"governing board of a school district" and "governing board" are
deemed to include county boards of education.
60119.  (a) In order to be eligible to receive funds available for
the purposes of this article, the governing board of a school
district shall take the following actions:
   (1) (A) The governing board shall hold a public hearing or
hearings at which the governing board shall encourage participation
by parents, teachers, members of the community interested in the
affairs of the school district, and bargaining unit leaders, and
shall make a determination, through a resolution, as to whether each
pupil in each school in the district has sufficient textbooks or
instructional materials, or both, that are aligned to the content
standards adopted pursuant to Section 60605 in each of the following
subjects, as appropriate, that are consistent with the content and
cycles of the curriculum framework adopted by the state board:
   (i) Mathematics.
   (ii) Science.
   (iii) History-social science.
   (iv) English/language arts, including the English language
development component of an adopted program.
   (B) The public hearing shall take place on or before the end of
the eighth week from the first day pupils attend school for that
year. A school district that operates schools on a multitrack,
year-round calendar shall hold the hearing on or before the end of
the eighth week from the first day pupils attend school for that year
on any tracks that begin a school year in August or September. For
purposes of the 2004-05 fiscal year only, the governing board of a
school district shall make a diligent effort to hold a public hearing
pursuant to this section on or before December 1, 2004.
   (C) As part of the hearing required pursuant to this section, the
governing board shall also make a written determination as to whether
each pupil enrolled in a foreign language or health course has
sufficient textbooks or instructional materials that are consistent
with the content and cycles of the curriculum frameworks adopted by
the state board for those subjects. The governing board shall also
determine the availability of laboratory science equipment as
applicable to science laboratory courses offered in grades 9 to 12,
inclusive. The provision of the textbooks, instructional materials,
or science equipment specified in this subparagraph is not a
condition of receipt of funds provided by this subdivision.
   (2) (A) If the governing board determines that there are
insufficient textbooks or instructional materials, or both, the
governing board shall provide information to classroom teachers and
to the public setting forth, for each school in which an
insufficiency exists, the percentage of pupils who lack sufficient
standards-aligned textbooks or instructional materials in each
subject area and the reasons that each pupil does not have sufficient
textbooks or instructional materials, or both, and take any action,
except an action that would require reimbursement by the Commission
on State Mandates, to ensure that each pupil has sufficient textbooks
or instructional materials, or both, within two months of the
beginning of the school year in which the determination is made.
   (B) In carrying out subparagraph (A), the governing board may use
money in any of the following funds:
   (i) 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.
   (ii) 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.
   (iii) Any other funds available to the school district for
textbooks or instructional materials, or both.
   (b) The governing board shall provide 10 days' notice of the
public hearing or hearings set forth in subdivision (a). The notice
shall contain the time, place, and purpose of the hearing and shall
be posted in three public places in the school district. The hearing
shall be held at a time that will encourage the attendance of
teachers and parents and guardians of pupils who attend the schools
in the district and shall not take place during or immediately
following school hours.
   (c) (1) For purposes of this section, "sufficient textbooks or
instructional materials" means that 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.
   (2) Sufficient textbooks or instructional materials as defined in
paragraph (1), does not include photocopied sheets from only a
portion of a textbook or instructional materials copied to address a
shortage.
   (d) Except for purposes of Section 60252, governing boards of
school districts that receive funds for instructional materials from
any state source, are subject to the requirements of this section
only in a fiscal year in which the Superintendent determines that the
base revenue limit for each school district will increase by at
least 1 percent per unit of average daily attendance from the prior
fiscal year.