Date: February 1, 2005
2004 Health Adoption
Publisher Bulletin 2005-01
TO: Publishers/Producers of 2004 Health Adopted Materials
FROM: Thomas Adams, Director
Curriculum Frameworks and Instructional Resources Division
SUBJECT: Education Code Requirements for Sufficiency of Instructional Materials and Expenditure of Instructional Materials Funds
At the Post-Adoption Briefing there was a discussion on the new requirements in Education Code Section 60119 for local governing boards to hold an annual public hearing and adopt a resolution on the sufficiency of instructional materials. These requirements were changed significantly due to the passage of Senate Bill 550 (Chapter 900, Statutes of 2004) one of the bills that implement the settlement of the Williams lawsuit. Attached is the new language for Education Code Section 60119.
You will see that local governing boards are now required to make a written determination as to whether each pupil enrolled in a health class has sufficient textbooks or instructional materials. Districts are required to make this written determination and, if an insufficiency exists, the district is to take action to insure that pupils are provided with sufficient instructional materials. However, districts are not specifically required to purchase newly adopted health instructional materials. Section 60119 (a)(1)(c) states that, "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." The Instructional Materials Funding Realignment Program (IMFRP) requires districts to use these funds to insure that all pupils have been provided with standards-aligned adopted instructional materials in reading/language arts, mathematics, science and history-social science. Once the district certifies that this has been accomplished, then the IMFRP funds may be used to purchase other adopted instructional materials.
If you have further questions, please contact Susan Martimo, Curriculum Frameworks Unit Administrator, at 916-319-0446, or go to our Web site at IMFRP Information [http://www.cde.ca.gov/ci/cr/cf/imfrpintro.asp]
TA/sm
Attachment
1430 N Street
Sacramento, CA 95814