Section 9526 - Procedures for Reviewing Proposed Revisions to Adopted Instructional MaterialsReviews of instructional materials appearing on the current list of State Board of Education (SBE) adopted instructional materials, beginning with adoptions occurring after 2013, to determine whether publisher-proposed revisions are consistent with the SBE-adopted content standards, curriculum frameworks and evaluation criteria and the relevant statutes shall be conducted according to the following requirements:
(a) Publishers of instructional materials on the current list adopted by the SBE may submit to the CDE proposed revisions to adopted materials at least once every two years per subject.(b) The CDE shall notify publishers of adopted programs at least 90 days in advance of the submission period regarding the following:(1) The subject matter and original SBE adoption date of instructional materials to be accepted for proposed revision;(2) The due dates for the submission of instructional materials proposed for revision;(3) The number of copies of instructional materials to be delivered by the publisher which will be based upon the number of reviewers (see section 9526(d)), Learning Resource Display Centers (LRDC) (see section 9523), CDE staff members, and SBE and Instructional Quality Commission (Commission) members who will be reviewing the instructional materials; and(4) The delivery addresses of the reviewers, LRDC, CDE, SBE and Commission members where publishers must ship the instructional materials for review.(c) Publishers submitting instructional materials for proposed revision shall ship to the addresses provided pursuant to subdivision (b)(4) by the due date referenced in subdivision (b)(2) the following items:(1) A brief description of the cause for and general nature of the proposed revisions and how specifically the proposed revisions relate to the materials' continued alignment to the SBE-adopted content standards, curriculum frameworks and evaluation criteria for the corresponding adoption;(2) A list of the previously adopted instructional materials proposed for revision; and(3) Sections of instructional materials proposed for revision wherein all content proposed for addition and deletion is clearly and precisely indicated. Each section submitted should be of sufficient breadth in content as to establish the necessary context for the revisions proposed. The publishers shall ship the instructional materials proposed for revision to the addresses provided pursuant to subdivision (b)(2) free of shipping, handling, sampling, or other charges.(d) The CDE and/or its agents shall conduct a review of the proposed revisions for consistency with SBE-adopted content standards, curriculum frameworks and evaluation criteria for the corresponding adoption and the relevant statutes. For this review process the CDE may include previously SBE-appointed Commission members, instructional materials reviewers, and content experts (collectively "reviewers").(e) Any review conducted pursuant to subdivision (d) shall confirm that all proposed revisions comply with the social content standards referenced in section 9518 above.(f) The review recommendations shall be compiled by the CDE, presented to the Commission, and posted on its website at least 10 days before the meeting of the Commission wherein the review recommendations are to be considered.(g) Prior to recommending to the SBE the approval of proposed revisions for previously adopted instructional materials, the Commission shall do the following:(1) The Commission shall hold a publicly-noticed meeting during which any interested party may provide the Commission with written or oral comments regarding the submitted instructional materials and/or the recommendations contained in the review report. The primary purpose of this publicly-noticed meeting is to afford the Commission an opportunity to receive comment from those who disagree with any part of the review report. The complaining party, and any interested party adverse to the complaining party, shall be provided a full and fair opportunity to present comments.(2) Nothing in this section shall prevent the Commission from having additional publicly-noticed meetings that the Commission deems necessary to receive additional input.(3) Commissioners must evaluate proposed revisions to instructional materials according to the SBE-adopted content standards, curriculum frameworks, evaluation criteria, and social content standards.(4) Not less than 30 days after the Commission meeting discussed in subdivision (g)(1) above, the Commission will hold a publicly-noticed meeting at which time it will determine its recommendations to the SBE regarding proposed revisions to previously adopted instructional materials. The Commission must conduct a roll call vote with at least 9 affirmative votes required for affirming recommendations, or at least 10 affirmative votes required for affirming recommendations when all 18 commissioners vote.(5) The Commission's recommendations shall be compiled into a document titled "Commission Advisory Report." The Commission shall act to recommend or not recommend the revisions to instructional materials. The Commission Advisory Report shall be presented to the SBE for consideration of approval.(h) Following the Commission meetings described above, the SBE will hold at least one publicly-noticed meeting to consider the approval of proposed revisions to previously adopted instructional materials.(i) For any review conducted pursuant to subdivision (d), the CDE shall charge publishers a fee to cover the costs of the review at the rate of $0.13 per word.(j) Publisher fees are due within 30 days of receipt of CDE invoice and are nonrefundable.(k) The CDE shall notify publishers or manufacturers in writing of the results of the review.(l) Publishers must agree to supply the previous version of state-adopted instructional materials to school districts that choose to continue using the previous version during the duration of the adoption period. This subdivision does not apply to online instructional materials.Cal. Code Regs. Tit. 5, § 9526
1. New section filed 3-22-2016; operative 7-1-2016 (Register 2016, No. 13). Note: Authority cited: Section 33031, Education Code. Reference: Section 60200, Education Code.
1. New section filed 3-22-2016; operative 7/1/2016 (Register 2016, No. 13).