2005 California Education Code Sections 78900-78907 Article 1. Prohibited Acts

EDUCATION CODE
SECTION 78900-78907

78900.  (a) No publisher or manufacturer of instructional materials,
nor any of his or her representatives, shall offer or give any
emolument, money, or other valuable thing, or any inducement, to any
community college official to directly or indirectly introduce,
recommend, vote for, or otherwise influence the adoption or purchase
of any instructional material.
   (b) No community college official shall accept any emolument,
money, or other valuable thing, or any inducement to directly or
indirectly introduce, recommend, vote for, or otherwise influence the
adoption or purchase of any instructional material.
   (c) Any publisher or manufacturer of instructional materials or
his or her representative, or any community college official who
violates any of the provisions of this article is guilty of a
misdemeanor.  Any community college official who violates this
article shall, in addition to any other penalty, be removed from his
or her official position.
   (d) Nothing in this chapter shall be construed to prevent any
publisher, manufacturer, or agent from supplying for purposes of
examination necessary sample copies of instructional materials to any
community college official.
   (e) Nothing in this chapter shall be construed to prevent a
community college official from receiving sample copies of
instructional materials.
   (f) Nothing contained in this chapter shall be construed to
prohibit or restrict a community college official from receiving
royalties or other compensation from the publisher or manufacturer of
instructional materials written, designed, or prepared by the
community college official, and adopted or purchased by any governing
board, other than compensation paid as a commission to the
community college official for negotiating sales to governing boards.
  No district shall have or claim the right to receive a royalty or
other compensation due to any community college official employed by
the district unless the instructional material was written or
prepared during the normal schoolday during which the community
college official is required by the district to be on duty.
78907.  The use by any person, including a student, of any
electronic listening or recording device in any classroom without the
prior consent of the instructor is prohibited, except as necessary
to provide reasonable auxiliary aids and academic adjustments to
disabled students.  Any person, other than a student, who willfully
violates this section shall be guilty of a misdemeanor.
   Any student violating this section shall be subject to appropriate
disciplinary action.
   This section shall not be construed as affecting the powers,
rights, and liabilities arising from the use of electronic listening
or recording devices as provided for by any other provision of law.


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