2005 California Education Code Sections 60220-60227 Article 2. Duties of Publishers and Manufacturers

60220.  All publishers and manufacturers submitting instructional
materials for adoption by the state board shall comply with the
provisions of Article 1 (commencing with Section 60000) to Article 7
(commencing with Section 60100), inclusive, of this part.
60221.  Publishers and manufacturers submitting instructional
materials for adoption shall provide sample copies of such materials
in quantities to be determined by the state board.
60222.  Publishers and manufacturers, at a time designated by the
state board, shall submit detailed specifications of the physical
characteristics of that material.  The publisher or manufacturer
shall comply with those specifications if the material is adopted and
purchased in completed form by the state board or any district
board.  Changes in specifications may be made when approved by the
state board and the publisher or manufacturer.
60223.  Publishers and manufacturers may biennially submit revisions
to price schedules submitted pursuant to subdivision (a) of Section
60201.
60225.  As agreed upon by publishers and school districts,
publishers may provide in-service training or professional
development in the use of the instructional materials provided by
them.
60226.  Publishers and manufacturers shall, in accordance with rules
and regulations adopted by the state board, develop plans to improve
the quality and reliability of instructional materials through
learner verification.  District boards shall be encouraged to permit
publishers and manufacturers to have limited access to classrooms for
necessary testing and observation.  Publishers and manufacturers
shall provide copies of test results and evaluations made as part of
learner verification at the request of any governing board.
60227.  (a) For purposes of this section, a followup adoption is any
adoption other than the primary adoption that occurs within a six-
or eight-year cycle established pursuant to subdivision (b) of
Section 60200.
   (b) Before conducting a followup adoption in a given subject, the
department shall provide notice, pursuant to subdivision (c), to all
publishers or manufacturers known to produce basic instructional
materials in that subject, post an appropriate notice on the
department's Internet site, and take other reasonable measures to
ensure that appropriate notice is widely circulated to potentially
interested publishers and manufacturers.
   (c) The notice shall specify that each publisher or manufacturer
choosing to participate in the followup adoption shall be assessed a
fee based upon the number of programs the publisher or manufacturer
indicates will be submitted for review and the number of grade levels
proposed to be covered by each program.
   (d) The fee shall offset the cost of conducting the followup
adoption process and shall reflect the department's best estimate of
the cost.  The department shall take reasonable steps to limit costs
of the followup adoption and to keep the fee modest, recognizing that
some of the work necessary for the primary adoption need not be
duplicated.
   (e) The department, prior to incurring substantial costs for the
followup adoption, shall require that a publisher or manufacturer who
wishes to participate in the followup adoption first declare the
intent to submit one or more specific programs for the followup
adoption and specify the specific grade levels to be covered by each
program.  After a publisher or manufacturer has declared the intent
to submit one or more programs and the grade levels to be covered by
each program, a fee shall be assessed by the department.  The fee
shall be payable by the publisher or manufacturer even if the
publisher subsequently chooses to withdraw a program or reduce the
number of grade levels covered.  A submission by a publisher or
manufacturer may not be reviewed for purposes of adoption, either in
a followup adoption or in any other primary or followup adoption
conducted thereafter, until the fee assessed has been paid in full.
   (f) (1) It is the intent of the Legislature that the fee not be so
substantial that it prevents small publishers or manufacturers from
participating in a followup adoption.
   (2) Upon the request of a small publisher or manufacturer, the
State Board of Education may reduce the fee for participation in the
followup adoption.
   (3) For purposes of this section, "small publisher" and "small
manufacturer" mean an independently owned or operated publisher or
manufacturer who is not dominant in its field of operation, and who,
together with its affiliates, has 100 or fewer employees, and has
average annual gross receipts of ten million dollars ($10,000,000) or
less over the previous three years.
   (g) Notwithstanding subdivision (b) of Section 60200, if the
department determines that there is little or no interest in
participating in a followup adoption by publishers and manufacturers,
it shall recommend to the State Board of Education that the followup
adoption not be conducted, and the State Board of Education may
chose not to conduct the followup adoption.
   (h) Notwithstanding Section 13340 of the Government Code, revenue
derived from fees charged pursuant to subdivision (c) is hereby
continuously appropriated and available to the department from year
to year until expended.  Revenue derived from fees charged pursuant
to subdivision (c) may be used to pay costs associated with any
followup adoption and any costs associated with the review of
instructional materials.
   (i) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.