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Instruction BP 6161.1 SELECTION AND EVALUATION OF INSTRUCTIONAL MATERIALS The Board of Education desires that district instructional materials, as a whole, present a broad spectrum of knowledge and viewpoints, reflect the diversity of our society, and enhance the use of multiple teaching strategies and technologies. The Board shall adopt instructional materials based on a determination that such materials are an effective learning resource to help students achieve grade-level competency and that the materials meet criteria specified in law. Textbooks, technology-based materials, and other educational materials shall be aligned with academic content standards and the district’s curriculum to ensure that they effectively support the district’s adopted courses of study.. (cf. 0440 - District Technology Plan) (cf. 6000 - Concepts and Roles) (cf. 6011 - Academic Standards) (cf. 6141 - Curriculum Development and Evaluation) (cf. 6143 - Courses of Study) (cf. 6146.1 - High School Graduation Requirements) (cf. 6161.11 - Supplementary Instructional Materials) (cf. 6162.5 - Student Assessment) (cf. 6163.1 - Library Media Centers) The Board shall select instructional materials for use in grades K-8 that have been approved by the State Board of Education (SBE) or have otherwise been determined to be aligned with the state academic content standards adopted pursuant to Education Code 60605 or the Common Core Standards adopted pursuant to Education Code 60605.8. (Education Code 60200, 60210) The Board shall adopt instructional materials for grades 9-12 upon determining that the materials meet the criteria specified in law and administrative regulation. (Education Code 60400) The Board's priority in the selection of instructional materials is to ensure that all students are provided with standards-aligned instructional materials in the core curriculum areas of English/language arts, mathematics, science, and history-social science. Review Process The Superintendent or designee shall establish a process by which instructional materials shall be reviewed for recommendation to the Board. Toward that end, he/she may establish an instructional materials review committee to evaluate and recommend instructional materials. (cf. 1220 – Citizen Advisory Committees) This process shall involve teachers in a substantial manner and shall also encourage the participation of parents/guardians and community members. (Education Code 60002) In addition, the instructional materials review committee may include administrators, other staff who have subject-matter expertise, and students as appropriate.

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All recommended instructional materials shall be available for public inspection at the district office. (cf. 5020 - Parent Rights and Responsibilities) If the district chooses to use instructional materials for grades K-8 that have not been adopted by the SBE, the Superintendent or designee shall ensure that a majority of the participants in the district's review process are classroom teachers who are assigned to the subject area or grade level of the materials. (Education Code 60210) Individuals who participate in selecting and evaluating instructional materials shall not have a conflict of interest, as defined in administrative regulation, in the materials being reviewed, as defined in administrative regulation. (cf. 9270 - Conflict of Interest) The committee shall review instructional materials using criteria provided in law and administrative regulation, and shall provide the Board with documentation supporting its recommendations. All recommended instructional materials shall be available for public inspection at the district office. (cf. 5020 - Parent Rights and Responsibilities) Public Hearing on Sufficiency of Instructional Materials The district may pilot instructional materials, using a representative sample of classrooms for a specified period of time during a school year, in order to determine how well the materials support the district's curricular goals and academic standards. Feedback from teachers piloting the materials shall be made available to the Board before the materials are adopted. The Board shall annually conduct one or more public hearings on the sufficiency of the district's textbooks and other instructional materials. (Education Code 60119) The hearing shall be held on or before the end of the eighth week from the first day students attend school for that year. (Education Code 60119) The Board encourages participation by parents/guardians, teachers, interested community members, and bargaining unit leaders at the hearing. Ten days prior to the hearing, the Superintendent or designee shall post, a notice in three public places within the district, containing the time, place, and purpose of the hearing. The hearing shall not take place during or immediately following school hours. (Education Code 60119) (cf. 9322 - Agenda/Meeting Materials) At the hearing(s), the Board shall determine, through a resolution, whether each student in each school has sufficient textbooks and/or instructional materials that are aligned to the state content standards adopted pursuant to Education Code 60605.8 and which are consistent with the content and cycles of the state’s curriculum frameworks. Sufficiency of instructional materials shall be determined in each of the following subjects: (Education Code 60119)

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1. Mathematics (cf. 6142.92 - Mathematics Instruction) 2. Science (cf. 6142.93 - Science Instruction) 3. History/social science (cf. 6142.94 - History-Social Science Instruction) 4. English language arts, including the English language development component of

an adopted program (cf. 6142.91 - English/Language Arts Instruction) (cf. 6174 - Education for English Language Learners) 5. Foreign language (cf. 6142.2 - World/Foreign Language Instruction) 6. Health (cf. 6142.8 - Comprehensive Health Education) The Board shall also determine the availability of science laboratory equipment, as applicable to science laboratory courses offered in grades 9-12. (Education Code 60119) In making these determinations, the Board shall consider whether each student has sufficient textbooks and/or instructional materials to use in class and to take home. However, this does not require that each student have two sets of materials. The materials may be in a digital format as long as each student, at a minimum, has and can access the same materials in the class and to take home as all other students in the same class or course in the district and has the ability to use and access them at home. However, the materials shall not be considered sufficient if they are photocopied sheets from only a portion of a textbook or instructional materials copied to address a shortage. (Education Code 60119) For example, fourth-grade students at all district schools must have instructional materials from the same SBE science adoption cycle, though fourth-grade students at different schools could be using materials from different publishers within the same adoption cycle. However, the district may use materials from different adoption cycles for grades K-3 and grades 4-8 since those students are not in the same "course." The Board shall also make a determination that all students within the district who are enrolled in the same course have "identical" standards-aligned textbooks or instructional materials from the same adoption cycle, as defined in Education Code 1240.3 and 60119. (Education Code 1240.3, 42605) If the Board determines that there are insufficient textbooks and/or instructional materials, the Board shall provide information to classroom teachers and to the public, setting forth for each school in which an insufficiency exists, the percentage of students who lack sufficient standards-aligned textbooks or instructional materials in each subject area, and the reasons that each student does not have sufficient textbooks and/or instructional materials. The Board shall take any action, except an action that would require reimbursement by the Commission of State Mandates, to ensure that each student has sufficient materials within two months of the beginning of the school year in which the determination is made. (Education Code 60119)

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Complaints Complaints concerning instructional materials shall be handled in accordance with law, Board policy, and administrative regulation. (cf. 1312.2 - Complaints Concerning Instructional Materials) (cf. 1312.4 - Williams Uniform Complaint Procedures) Legal Reference: EDUCATION CODE 220 Prohibition against discrimination 1240 County superintendent, general duties 1240.3 Definition of sufficiency for categorical flexibility 33050-33053 General waiver authority 33126 School accountability report card 35272 Education and athletic materials 42605 Tier 3 categorical flexibility 44805 Enforcement of course of studies; use of textbooks, rules and regulations 49415 Maximum textbook weight 51501 Nondiscriminatory subject matter 60000-60005 Instructional materials, legislative intent 60010 Definitions 60040-60052 Instructional requirements and materials 60060-60062 Requirements for publishers and manufacturers 60070-60076 Prohibited acts (re instructional materials) 60110-60115 Instructional materials on alcohol and drug education 60119 Public hearing on sufficiency of materials 60200-60210 Elementary school materials 60226 Requirements for publishers and manufacturers 60350-60352 Core reading program instructional materials 60400-60411 High school textbooks 60510-60511 Donation for sale of obsolete instructional materials 60605 State content standards 60605.8 Common Core Standards 60605.86-60605.88 Supplemental instructional materials aligned with Common Core Standards CODE OF REGULATIONS, TITLE 5 9505-9530 Instructional materials Management Resources: CSBA PUBLICATIONS Flexibility Provisions in the 2008 and 2009 State Budget: Policy Considerations for Governance Teams, Budget Advisory, March 2009 CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS 01-05 Guidelines for Piloting Textbooks and Instructional Materials, September 2001 Standards for Evaluating Instructional Materials for Social Content, 2000 WEB SITES CSBA: http://www.csba.org Association of American Publishers: http://www.publishers.org California Academic Content Standards Commission, Common Core Standards: http://www.scoe.net/castandards California Department of Education: http://www.cde.ca.gov Policy PALO ALTO UNIFIED SCHOOL DISTRICT adopted: 01.12.10 and 8.25.15 Palo Alto, California

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Instruction AR 6161.1 SELECTION AND EVALUATION OF INSTRUCTIONAL MATERIALS Criteria for Selection and Adoption of Instructional Materials In recommending textbooks or other instructional materials for adoption by the Governing Board, the Superintendent or designee shall ensure that such materials: 1. Are aligned to any applicable academic content standards adopted by the State Board

of Education (SBE) pursuant to Education Code 60605 and/or Common Core Standards adopted pursuant to Education Code 60605.8

(cf. 6011 - Academic Standards) For grades K-8, the Superintendent or designee shall select instructional materials from among the list of materials adopted by the SBE and/or other materials that have not been adopted by the SBE but are aligned with the state academic content standards and/or the Common Core Standards. (Education Code 60200, 60210) (cf. 6161.11 - Supplementary Instructional Materials) For grades 9-12, the Superintendent or designee shall review instructional materials in history-social science, mathematics, English/language arts, and science using a standards map in order to determine the extent to which the materials are aligned to state academic content standards. 2. For grades 9-12, are provided by publishers that comply with the requirements of

Education Code 60040-60052, 60060-60062, and 60226 (Education Code 60400) 3. Do not reflect adversely upon persons because of their race or ethnicity, gender,

religion, disability, nationality, sexual orientation, occupation, or other characteristic listed in Education Code 220, nor contain any sectarian or denominational doctrine or propaganda contrary to law (Education Code 51501, 60044)

4. To the satisfaction of the Board, are accurate, objective, current, and suited to the needs and comprehension of district students at their respective grade levels (Education Code 60045)

5. With the exception of literature and trade books, use proper grammar and spelling (Education Code 60045)

6. Do not expose students to a commercial brand name, product, or corporate or company logo unless the Board makes a specific finding that the use is appropriate based on one of the following: (Education Code 60048, 60200) a. The commercial brand name, product, or corporate or company logo is used in

text for an educational purpose as defined in guidelines or frameworks adopted by the SBE.

b. The appearance of a commercial brand name, product, or corporate or company logo in an illustration is incidental to the general nature of the illustration.

(cf. 1325 - Advertising and Promotion)

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SELECTION AND EVALUATION OF INSTRUCTIONAL MATERIALS AR 6161.1 7. If the materials are technology-based materials, are both available and comparable to

other, equivalent instructional materials (Education Code 60052) 8. Meet the requirements of Education Code 60040-60043 for specific subject content 9. Support the district's adopted courses of study and curricular goals (cf. 6141 - Curriculum Development and Evaluation) (cf. 6142.2 - World/Foreign Language Instruction) (cf. 6142.8 - Comprehensive Health Education) (cf. 6142.91 - English/Language Arts Instruction) (cf. 6142.92 - Mathematics Instruction) (cf. 6142.93 - Science Instruction) (cf. 6142.94 - History-Social Science Instruction) (cf. 6143 - Courses of Study) (cf. 6146.1 - High School Graduation Requirements) 10. Contribute to a comprehensive, balanced curriculum 11. Demonstrate reliable quality of scholarship as evidenced by:

a. Accurate, up-to-date, and well-documented information b. Objective presentation of diverse viewpoints c. Clear, concise writing and appropriate vocabulary d. Thorough treatment of subject matter

12. Provide for a wide range of materials at all levels of difficulty, with appeal to students of varied interests, abilities, and developmental levels

13. Include materials that stimulate discussion of contemporary issues and improve students' thinking and decision-making skills

14. Contribute to the proper articulation of instruction through grade levels 15. As appropriate, have corresponding versions available in languages other than

English 16. Include high-quality teacher's guides 17. Meet high standards in terms of the quality, durability, and appearance of paper,

binding, text, and graphics 18. When available, include options for lighter weight materials in order to help minimize

any injury to students by the combined weight of instructional materials Conflict of Interest To ensure integrity and impartiality in the evaluation and selection of instructional materials, any district employee who is participating in the evaluation of instructional materials and not otherwise designated in the district’s conflict of interest code shall sign a disclosure statement indicating that he/she shall not: 1. Shall not accept any emolument, money, or other valuable thing or inducement, to

directly or indirectly introduce, recommend, vote for, or otherwise influence the adoption or purchase of any instructional material (Education Code 60072)

Sample copies of instructional materials are excepted from this prohibition. (Education Code 60075)

(cf. 9270 - Conflict of Interest)

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SELECTION AND EVALUATION OF INSTRUCTIONAL MATERIALS AR 6161.1 2. Is not employed by nor receives compensation from the publisher or supplier of

the instructional materials or any person, firm, organization, subsidiary or controlling entity representing it

3. Does not have and will not or negotiate a contractual relationship with the publisher or supplier of the instructional materials or any person, firm, or organization subsidiary or controlling entity representing it

4. Does not have an interest as a contributor, author, editor, or consultant in any textbook or other instructional material submitted to the district

(cf. 9270 – Conflict of Interest) The balance of this regulation is no longer part of the CSBA sample. It is possible some is still pertinent to PAUSD and worth retaining. Instructional Materials Funding Realignment Program The district shall use Common Core allocations and General Fund money to ensure that each student is provided with standards-aligned textbooks or instructional materials, as adopted by the State Board of Education (SBE) for grades K-8, in the core curriculum areas of reading/language arts, mathematics, science, and history/social science. (Education Code 60422) Instructional materials for grades K-8 shall be selected from the list of standards-aligned materials adopted by the SBE. Instructional materials for grades 9-12 shall be adopted by the Board of Education. Standards-aligned materials in each core curriculum area shall be provided to each student at the beginning of the first school term that commences no later than 24 months after those materials are adopted by the SBE or the Board, as applicable. (Education Code 60422) (cf. 6011 - Academic Standards) For grades 9-12, the Superintendent or designee shall review instructional materials in history/social science, mathematics, reading/language arts, and science using a standards map in order to determine the extent to which the materials are aligned to the content standards adopted by the SBE. After the Board has certified that all students have been provided with standards-aligned instructional materials in the core curriculum areas, the district may use any remaining program funds for the purposes specified in Education Code 60242. (Education Code 60119, 60422) Instructional Materials Evaluation Committee The Superintendent or designee may establish an instructional materials evaluation committee to evaluate and recommend instructional materials for Board approval. This committee shall consist of a majority of teachers and may also include administrators, other staff who have subject-matter expertise, parents/guardians, community members, and students as appropriate. (cf. 1220 - Citizen Advisory Committees)

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SELECTION AND EVALUATION OF INSTRUCTIONAL MATERIALS AR 6161.1 The committee shall review instructional materials using criteria provided above and in law, and shall provide the Board with documentation supporting its recommendations. Instructional Materials and Facilities 1. Selection of Instructional Materials. It shall be the policy of the district to provide

a wide range of instructional materials on all levels of difficulty, that have a diversity of appeal, and that present different points of view. The adoption and selection processes for the district’s instructional materials shall be guided by the Library Bill of Rights statement from the American Library Association, the School Library Bill of Rights, the “Freedom to Read” resolution from the National Council of Teachers of English, and the Mission Statement of the district. It shall also be the policy of the district to allow for the review of allegedly inappropriate materials through established procedures.

2. Textbooks and Core Literature. All basic textbooks and core literature titles

intended for districtwide use shall be adopted by the Board prior to use. The recommendation for adoption shall be developed cooperatively among groups of staff and community working together from the beginning of the textbook selection process. (Education Code 60000-60003)

Administrative Procedure 1. Selection Procedures:

a. Composition of the Committee. A textbook selection activity shall be communicated to the school community(ies) when such an activity is to be initiated. A Textbook Selection Committee shall be the basic unit for study and recommendation for adoption of basic textbooks. The committee shall be convened at least twice in the selection process once to define the tasks and responsibilities, and once to share findings and to discuss outcomes. Committees to select textbooks shall be composed as follows: (1) At the elementary level, this committee shall be the subject area

Curriculum Committee, and: • Shall include one or more classroom teachers from each

school, with a balance between teachers from primary and intermediate levels, and representation for the full array of special needs youngsters, including staff representation from special education

• Shall include two to five community members selected by the Superintendent or designee. The community members selected shall represent a balanced perspective of the community at large

• Shall include administrative and library staff representation, where appropriate.

(2) At the secondary level, this committee:

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SELECTION AND EVALUATION OF INSTRUCTIONAL MATERIALS AR 6161.1

• Shall include up to three staff members from each school, chosen from the department in which the text is to be used

• Shall include a community representative from each school area selected by the principal. The community members selected shall represent a balanced perspective of the community at large

• Shall include representation for the full array of special needs youngsters, including staff representation from special education

• Shall include one student from each school (the principal and student body officers shall advertise this opportunity and select the student by a process jointly agreed upon)

• Shall include administrative and library staff representation, where appropriate

b. Selection Criteria (1) Instructional materials shall be aligned with and supportive of

state frameworks and local curriculum goals: • At either the elementary or the secondary level, teacher

members will seek opinions from staff at their sites concerning how well instructional materials being examined in the selection process meet content needs and possess qualities of literary merit; are aligned with the curriculum; and incorporate or foster appropriate instructional strategies.

(2) As part of the selection process instructional materials shall be reviewed and assessed relative to their intended uses and to determine that they are at an appropriate age, maturity, and reading level relative to the student groups that will be using them. • All pertinent information including such data as the scatter

of reading scores and the reading level of the materials being examined shall be considered

• Selection consideration, as much as possible, shall be given to instructional materials that present information in a narrative style that is easily understood by most students

(3) Consideration in the selection process shall be given to the appropriateness of the instructional materials for use in the heterogeneous classroom setting to accommodate the full range of student needs including those of the high achieving student, the average ability student, the Special Education student, the disabled student, and the student with limited English.

(4) Careful attention shall be given in the selection process to

consideration of such social compliance stipulations of California

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SELECTION AND EVALUATION OF INSTRUCTIONAL MATERIALS AR 6161.1 Education Code as racial and minority representations and sex role

stereotypes. • Community members will have the opportunity to

participate in the instructional materials selection and review process. This might involve PTA participation by members of a variety of school organizations, involvement of the Superintendent’s Curriculum Advisory Committee, and/or involvement of other interested community members.

• During the adoption process, instructional materials under consideration shall be placed in a central location for review by general public.

c. Field Testing Procedures. Field testing of instructional materials may be done when it is necessary in order to make a final determination of the potential of the materials in meeting specific instructional needs. In general, a field test activity should be conducted only after the use of other selection criteria and processes have failed to result in a clear adoption recommendation. When a field test is to be conducted, the following guidelines should be followed: • Whenever possible more than one program should be field tested

at one time; • The field testing activity should be distributed among schools,

grade levels, students, and teachers who are representative of the district in terms of experience, ethnicity, etc.

• Evaluation criteria should be developed before the field test begins that allow for comparison of similar components of competing programs

• Only those items from the complete set of a publisher’s materials that the district would intend to purchase as a part of an adoption activity should be included in a field test activity; i.e., unless ancillary materials will be purchased, they should not be included in the field test activity

• A note of information regarding the field test activity should be sent to parents of participating students prior to the piloting being initiated

In the event materials used for field test activities are provided by a vendor, they shall be returned to the vendor at the conclusion of the activities, unless the decision is that the materials are appropriate for use in district classrooms, in which case they shall be purchased on a confirming purchase order. This is necessary in order to avoid potential conflicts of interest as noted in the following section.

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SELECTION AND EVALUATION OF INSTRUCTIONAL MATERIALS AR 6161.1 d. Conflict of Interest. To avoid potential conflict of interest that could bring

the credibility of instructional materials selections into question, persons involved in the selection process and/or connected with the preparation of an adoption recommendation may not participate in activities sponsored solely by publishers, producers, or vendors of instructional materials that could be construed as being outside of the channels of normal communication and information gathering. Examples of such activities might be: • Workshops or seminars when offered as extended or overnight

activities and/or in locations that exceed regular working environments and conditions;

• Events strictly for social rather than informational purposes, that are paid for by publishers, producers, or vendors of instructional materials; and

• The accepting of personal gifts or gratuities that exceed a value of $20 from publishers, producers, or vendors of instructional materials.

Participation in informational activities with regard to published materials at which a meal is provided shall be acceptable if the meal is incorporated as an integral part of workshop or seminar session, and/or if the cost of the meal is underwritten by the participant or the school district.

2. Adoption Process. Recommendations of textbooks for adoption shall be presented to the Board for action, along with a rationale statement for the adoption recommendation. Recommendations of all participating committees shall be presented to the Superintendent for consideration and to the Board of Education for approval. If the finding of the selection process is that no text being considered for adoption is acceptable, existing textbooks may continue to be used on an interim basis.

3. Challenge Process. In the event questions or concerns are raised with regard to

adopted textbooks, the following procedures shall be followed:

a. Site-level activities involving teachers, Instructional Supervisors, the principal or other responsible administrator, and/or the school librarian: (1) Discuss the challenge with the complainant to identify the cause of

the concern. (2) Provide the complainant with information on the selection criteria

and process used in developing adoption recommendations for textbooks and core literature titles. Emphasize: • Local curriculum efforts as they reflect statewide

frameworks and curriculum expectations • How the material contributes to the objectives of the

instructional program

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SELECTION AND EVALUATION OF INSTRUCTIONAL MATERIALS AR 6161.1 • The efforts to involve multiple perspectives in the selection

process • The attempts to select materials that reflect the multiple

values of a pluralistic society

(3) Whenever possible, options and alternatives such as the use of a supplemental textbook or an alternative to a core title should be explored.

(4) If satisfactory resolution cannot be achieved, the principal or other responsible site administrator shall provide the complainant with a copy of the “Complaint on District Adopted Instructional Materials” form. The completed form shall be returned to the principal or responsible site administrator, and shall be forwarded to the Directors of Elementary and Secondary Education to initiate the formal challenge process at the district level. Until such time as the completed form has been received by the Director, K-12 Curriculum, the issue will not be considered a formal challenge, and no further action will be taken with regard to the material in question.

b. District-level activities: (1) Upon receipt of the completed complaint form, the Directors of

Elementary and Secondary Education shall assemble a representative committee of school personnel and community members to meet for the purpose of reviewing the challenge, reviewing the material, and making a recommendation with regard to the complaint. This recommendation will provide the basis for a response to the complainant by the Directors of Elementary and Secondary Education. During the review process, the student may be excused from the use of the challenged material.

(2) The Directors of Elementary and Secondary Education shall be responsible for communicating the results of the review process to the complainant, in writing, within one month of the complaint form having been received in the Curriculum Office.

(3) If satisfactory resolution is still not achieved, the complainant may appeal the decision to the Superintendent or designee and/or to the Board.

4. Other Instructional Materials. Instructional materials other than basic textbooks, that is those materials selected for use on a supplemental basis K-12 and/or for secondary elective courses, and that shall be used in direct instruction with 10 or more students, shall be reviewed for content relevance, for literary quality, and for the adequacy with which they treat the social compliance stipulations of

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SELECTION AND EVALUATION OF INSTRUCTIONAL MATERIALS AR 6161.1 Education Code, such as racial, minority, and disabled representations and sex

role stereotypes. (Education Code 60010-60028)

Administrative Procedure NOTE: Materials that have been previously reviewed for literary merit and social compliance are often compiled and produced as “master lists.” In the event such a list has been approved by the Board of Education, the materials included on that list shall not require further review as part of the selection process. Examples of documents from the California State Department of Education that provide such lists are: • Recommended Readings in Literature – K-8 • Recommended Readings in Literature – Grade 9-12 • Literature for History-Social Science – K-8

Materials to be purchased for use with 10 or more students that are not included on a Board approved list shall be subject to the selection procedures as noted on the following sections. 1. Review Committees

a. Site Level Selections. It shall be the responsibility of the principal or designated site administrator at the school level to identify a process for selection of supplemental materials for use at that site. The materials selected should be appropriate to the students and the instructional program at the site and consistent with selection criteria identified in district policy. The process may involve staff, students, and parents. The principal or designated site administrator shall be responsible for maintaining a current listing of supplemental and elective course materials selected for use at a site and for an annual reporting of selection decisions to the Directors of Elementary and Secondary Education.

b. District Level Selections. Supplemental and elective course materials selected for use at more than one site shall be reviewed through the following process: • Supplemental materials for kindergarten through grade 5 shall be

reviewed for compliance with policy criteria by the appropriate elementary curriculum committee with community representation. The chairperson of the curriculum committee shall be responsible for calling meetings of the review committee, for conducting the review process, and for reporting outcomes of the review process with regard to selection of supplemental materials to the Director, K-12 Curriculum.

• Supplemental and elective course materials for grades 6 through 12 shall be reviewed for compliance with policy criteria by the appropriate curriculum steering committee with community

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SELECTION AND EVALUATION OF INSTRUCTIONAL MATERIALS AR 6161.1

representation. An Instructional Supervisor from the subject area involved shall be selected to take the lead in the review process and shall be responsible for calling meetings of the review committee, for conducting the review process, and for reporting outcomes of the review process with regard to selection of supplemental materials to the Director, K-12 Curriculum.

2. Reporting Process. Results of the review process shall be presented to the Board

of Education on an annual basis. Included in the report will be a listing of the materials/texts reviewed and the outcomes of the review process.

3. Challenges Process. In the event questions or concerns are raised with regard to textbooks selected for supplemental or elective course use, the following procedures shall be followed: a. Site-level activities:

(1) The principal shall identify procedures for responding to the challenge. These procedures may involve staff and community representation and should incorporate the following activities: • Discussing the challenge with the complainant to identify

the cause of the concern. • Providing the complainant with information on the rationale

for selection of the material. • Exploring other supplemental textbooks or alternative titles

that might be substituted and serve the same instructional purposes.

(2) If satisfactory resolution cannot be achieved at the site level, a

complaint may be filed with the principal or other responsible site administrator. The complaint shall be forwarded to the Directors of Elementary and Secondary Education to initiate the formal challenge process at the district level. Until such time as the complaint has been received by the Directors of Elementary and Secondary Education, the issue will not be considered a formal challenge, and no further action will be taken with regard to the material in question.

b. District-level activities: (1) Upon receipt of the complaint, the Directors of Elementary and

Secondary Education shall assemble a representative committee of school personnel and community members to meet for the purpose of reviewing the challenge, reviewing the material, and making a recommendation with regard to the complaint. This recommendation will provide the basis for a response to the complainant by the Directors of Elementary and Secondary Education. During the review process, the student may be excused from the use of the challenged material.

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(2) The Directors of Elementary and Secondary Education, shall be responsible for communicating the results of the review process to the complainant, in writing, within one month of the complaint having been received in the Curriculum Office.

(3) If satisfactory resolution is still not achieved, the complainant may appeal the decision to the Superintendent or designee and/or to the Board.

5. Library Services. Library resource centers shall be established and maintained in all schools in the district. Students shall be charged for library books or other library materials that are lost or damaged. (Education Code 18102)

6. Library Materials. The Board endorses the principles delineated in the Library

Bill of Rights, and delegates to the Superintendent the responsibility of establishing procedures that will ensure the purchase of appropriate books and materials for district libraries.

Administrative Procedure The Associate Superintendent - Educational Services, in conjunction with the Directors of Elementary and Secondary Education, shall formulate and coordinate the processes of evaluating and purchasing library books and materials to be used in the school district. These processes shall include the selection and management of library materials and the process of responding to expressed concerns. 1. Selection Criteria. Materials selected for inclusion in school library collections

shall: a. Be supportive of the instructional program by being aligned with

curriculum efforts b. Be in good taste and yet broad enough to serve a pluralistic society c. Support reasonable student choices d. Provide quality literary experiences

2. Selection Process a. Existing library collections shall be assessed to identify areas where

additional curriculum support is needed or additional titles are desired. b. Suggestions and requests from staff and parents with regard to possible

materials to add to library collections shall be incorporated in the selection process.

c. Leading professional book review publications shall be surveyed to identify potential titles to add to library collections.

d. Consideration in the materials selection process shall be given to the age and maturity level of the students who will be using the materials.

e. Responsibility at the elementary school level for selection of library materials shall reside with the elementary librarian at each school site, with selections being governed by materials approved via the book “Book Selection Process.” (The “Book Selection Process” at the elementary school level is a process whereby each title is read by one or more of the elementary librarians and reviewed with the elementary librarians as a

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group. The purpose of the process is to identify materials that are curriculum, content, and age appropriate for inclusion in the district’s elementary school libraries. Materials that survive this screening are eligible to be selected and purchased for elementary school libraries.)

f. Using the best available review resources and recognizing the specific

needs of the school, the responsibility for the selection of materials for middle school and high school libraries shall reside with the librarian at each site.

3. Gift Materials. Materials that are given or donated to a school library for inclusion in the library collection shall be subject to the same criteria and review processes used in the selection of other library materials.

4. Challenge Process. In the event questions or concerns are raised with regard to school library materials, the following procedures shall be followed: a. Site-level activities involving librarians, teachers, principals, and/or

Instructional Supervisors: (1) Review the material in question. (2) Listen to the complainant and determine the cause for concern. (3) Provide the complainant with information on the process used in

selecting the material. (4) Explore possible rationale for inclusion:

• Curriculum and instructional implications • Need for library materials to be in good taste and yet broad

enough to serve a pluralistic society • Library materials are used on a choice basis • If children are to learn to make intelligent choices,

opportunity for choice must be provided • Older books may provide the opportunity to illustrate

changes in societal attitudes and values (5) If satisfactory resolution cannot be achieved at the site level, the

principal or other responsible administrator shall provide the complainant with a copy of the “Complaint on Library Materials” form.

(6) The completed complaint form shall be returned to the principal or responsible site administrator, and forwarded to the Director, K-12 Curriculum to initiate the formal challenge process at the district level.

Until such time as the completed form has been received by the Directors of Elementary and Secondary Education, the issue will not be considered a formal challenge, and no further action will be taken with regard to the material in question.

b. District-Level activities:

(1) Upon receipt of the completed complaint form, the Directors of Elementary and Secondary Education shall assemble a

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representative committee of school personnel and community members to meet for the purpose of reviewing the challenge, reviewing the material, and making a recommendation with regard to the complaint. Chaired by the Directors of Elementary and Secondary Education, the committee shall be composed of the school librarian, the district librarian, a school administrator, a teacher from the school, a student (in the event of a high school challenge situation), and up to three parents from the school community selected by the principal. The parent members selected shall represent a balanced perspective of the community at large. The recommendation of the committee shall be communicated to the complainant by the Director, K-12 Curriculum. During the review process, the material being reviewed may be temporarily withdrawn from the school’s collection.

(2) The Director, K-12 Curriculum shall be responsible for communicating the results of the review process to the complainant, in writing, within one month of the complaint form having been received in the Curriculum Office.

(3) If satisfactory resolution is still not achieved, the complainant may appeal the decision to the Superintendent or designee and/or to the Board.

Regulation PALO ALTO UNIFIED SCHOOL DISTRICT approved: 8.25.15 Palo Alto, California

Recommendations for Changes to AR 6161.1 p. 1 paragraph 2 In accordance with AB 1246 instructional materials for grades K-8 shall be aligned with the academic content standards adopted pursuant to Section 60605 and 60605.8, including instructional materials that have not been adopted by the state board pursuant to Section 60200. If the district does not choose to adopt state-adopted materials, they must complete a thorough review and have third party validation that the materials are aligned to standards. p. 1 bullet 1 Be aligned with state standards in accordance with the requirements of AB 1246. http://cmc-math.org/AB1246Article.pdf p.2 first sentence under Instructional Materials Evaluation Committee Change may to shall. p. 3 bullet 2 and elsewhere Change director, K-12 Curriculum to Chief Academic Officers p.3 Administrative Procedures 1.1 Composition of the Committee The textbook selection committee shall be selected prior to any textbook exploration or pilot process and shall meet regularly to advise the final recommendation of the superintendent and adoption by the BoE. Page 4. Selection criteria Add a bullet: Validation by the California Department of Education, Santa Clara County Office of Education, and/or an independent third party that materials are in alignment with the State Standards. Page 5. Field Testing Procedures Change Field Testing Procedures to Piloting Procedures Add a bullet: Prior to piloting materials, the Superintendent of Chief Academic Officers may conduct and extended exploration of samples of materials during which teachers may use a variety of Standards aligned materials to ascertain those which may be worthy of piloting. Page 5. Adoption process Change Superintendent’s Curriculum Advisory Committee to Superintendent

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AB 1246 Dramatically Revises Textbook

Adoption Process in California

by Paul Giganti Jr., CMC Math Festival Program

pgiganti@berkeley.edu

Assembly Bill 1246 (Brownley), signed into law by Governor Brown at the close of the legislative session on Sep-

tember 27, 2012, changes the process by which schools and districts adopt and purchase stu-dent mathematics textbooks in grades K–8. While this state-mandated process has existed for more than 50 years, AB 1246 gives school districts an amount of freedom, decision mak-ing, and choice they have previously not had. The legislation amended five Sections, added two Sections, and repealed Chapter 3.25 of Part 33 of Division 4, Title 2 of the California Education Code. Even though this article reviews and inter-prets the new law and hints at the implica-tions of the added flexibility now granted to California school districts, it is not meant to be the final word on the changes. In the coming months and years, school districts going through the new adoption process and exer-cising their newfound flexibility will define the true meaning and importance of this law. The author thanks Kenneth McDonald, Ed-ucation Programs Consultant, Curriculum Frameworks Unit of the California Depart-ment of Education, for providing further inter-pretation of AB 1246 for this article.

Implementing the California Common

Core State Standards (CaCCSS)

AB 1246 SEC. 1: “It is the intent of the Legisla-ture, in enacting this act, to continue the im-plementation of the common core academic content standards by ensuring the adoption of instructional materials that are aligned to the common core academic content standards for mathematics and by providing local educa-tional agencies flexibility in their use of in-structional materials.”Legislative Digest: “This bill would instead provide that the instructional materials pur-chased by such a local educational agency be aligned with state standards, as specified.”

Interpretation: AB 1246 acknowledges the role that textbooks and other adopted materials will play in the successful implementation of the CaCCSS. However, as Kenneth McDonald writes, “Starting on January 1, districts may use their categorical flexibility program dol-lars (which includes the state IMFRP) to pur-chase any standards-aligned instructional ma-terials. They may be aligned to either the 1999 California Standards or the Common Core State Standards.” The intent of the law is to encourage schools to implement the new Common Core Standards. However, due to the time line for the official adoption of the CaCCSS and the interim period when the 1999 California Stan-dards are still in force, districts must have the choice of purchasing instructional materials based upon either set of Standards. For those districts that desire to move to the CaCCSS, this decision presents a predicament since stu-dents will still be assessed by the STAR test through spring 2014, which will be based on the 1999 California State Standards. The first state assessment based on the CaCCSS will not be given until spring 2015.

Equal Access to Current Curriculum

Materials

AB 1246 SEC. 2: “For purposes of this section, ‘sufficiency’ means that each pupil has suffi-cient textbooks and instructional materials in the four core areas as defined by Section 60119 and that all pupils within the local educational agency who are enrolled in the same course shall have identical textbooks and instruction-al materials, as specified in Section 1240.3.”Legislative Digest: “Existing law requires that, in order to be eligible for specified funds, a school district take steps to ensure that each pupil in each school in the school district has sufficient textbooks or instruc-tional materials that are aligned to adopted

Continued on page 8 ➢ ➢

Page 8 Volume 37, Number 3CMC ComMuniCator

content standards, as specified. Existing law establishes the Academic Content Standards Commission that is required to develop aca-demic content standards in English language arts and mathematics. This bill would re-quire a school district, in order to be eligible for specified funds, to ensure that there are sufficient textbooks or instructional materials that are aligned to specified adopted content standards. . .”Interpretation: AB 1246 does not release school districts from their legal obligation to provide current, standards-based instruc-tional materials for all students. Kenneth McDonald writes, “Districts are still under the sufficiency requirements of Education Code section 60119, which requires districts to provide every student (K–12) with a stan-dards-aligned textbook in science, language arts, mathematics, and history-social science. Districts still have to conduct the annual suf-ficiency resolution at the start of the year cer-tifying sufficiency of materials. The bill keeps the ‘identical materials’ rule, which means that districts cannot have some schools using older books in a given grade level (e.g., from a previous adoption) while others have newer materials.”

Change in the Adoption Cycle

AB 1246 SEC. 4: “Instructional materials may be submitted for adoption in any of the subject areas . . . every eight years.”Legislative Digest: “This bill would add ad-ditional requirements for the review and adoption of instructional materials, includ-ing, but not limited to, changing the submis-sion cycles to 8 years for all subject areas . . . The bill would delete a provision that re-quires the state board to authorize a school district governing board, under specified cir-cumstances, to use its instructional materials allowances to purchase materials as specified by the state board, in accordance with stan-dards and procedures established by the state board.”Interpretation: Since AB 1246 lengthens the previous adoption cycle by one or two years —to eight years between new adoptions—school districts will be able to use the in-structional materials they adopt for eight years before being required to adopt new

materials. This timeline has changed before and may change again in the future.

Local School Districts Can Choose

Their Own Adoption Review Process

AB 1246 SEC. 8: “Notwithstanding any other law, a local educational agency may use in-structional materials that are aligned with the academic content standards adopted pursuant to Section 60605 or 60605.8, includ-ing instructional materials that have not been adopted by the state board pursuant to Sec-tion 60200. . .”Legislative Digest: “The bill would delete a provision that requires the state board to au-thorize a school district governing board, un-der specified circumstances, to use its in-structional materials allowances to purchase materials as specified by the state board, in accordance with standards and procedures established by the state board.”Interpretation: AB 1246 now makes the state list of approved materials (which will still exist) only advisory for district adoptions—a huge change from the process that has been in place. AB 1246 gives districts the option of local control if they wish—they can conduct an adoption process themselves, with the po-tential of adopting instructional materials that are not on the state list. It remains to be seen how many districts will choose to con-duct their own instructional review process; but this section of the new law gives local districts unprecedented control of adoptions and that may spawn creative thinking about instructional materials. However, the local process is not without rules since the law specifies how this local re-view process can be conducted. Kenneth McDonald writes, “The bill specifically states in Section 8 that districts no longer are under obligation to use state-adopted materials. However, if they elect not to use the state list they still have to conduct their own review to confirm that the materials are aligned to standards.” In the legislature’s efforts to give school districts increased flexibility with state in-structional materials funds, AB 1246 in sever-al sections also loosens the restrictions on what these funds can be used for to imple-ment the CaCCSS, and includes spending

Page 9March 2013 CMC ComMuniCator

previously restricted textbook funds for teacher professional development. If school districts truly believe that significant profes-sional development opportunities are critical to a successful implementation of the Com-mon Core, they will make use of this new-found flexibility. Kenneth McDonald writes, “State instruc-tional materials funds come in a few pots. The main source is the Instructional Materi-als Funding Realignment Program (IMFRP). That has been a part of the categorical flexi-bility (cat flex) block grant since 2009. There is also a portion of the lottery funds (Prop 20) that is reserved for instructional materi-als. As of January 1 the IMFRP funds that are part of the categorical flex block grant can be spent on any educational purpose. If a dis-trict chooses to use that money to buy in-structional materials, they must be stan-dards-aligned. Prop 20 lottery money can be spent on any instructional materials (adopt-ed, non-adopted, supplemental, etc.). The cat flex money could be used for PD since it is an educational purpose. Districts are not re-quired to use their cat flex to buy instruction-al materials.” The CDE Instructional Materials FAQ web page should be updated soon to reflect the changes in AB 1246.

Classroom Teachers Will Be a Major

Force in Local Adoption Process

AB 1246 SEC. 8: “. . . If a local educational agency chooses to use instructional materials that have not been adopted by the state board, the local educational agency shall en-sure that a majority of the participants of any review process conducted by the local educa-tional agency are classroom teachers who are assigned to the subject area or grade level of the materials.”Legislative Digest: “This bill would delete a provision that requires the state board to au-thorize a school district governing board, un-der specified circumstances, to use its in-structional materials allowances to purchase materials as specified by the state board, in accordance with standards and procedures established by the state board.”Interpretation: In previous adoptions, class-room teachers represented only one voice

out of many in the state-level review process, sometimes not having any significant deci-sion-making in the process. AB 1246 clearly places teachers in a leading role in choosing textbooks and materials to be used with stu-dents when the state creates its list of instruc-tional materials and/or if local school dis-tricts conduct their own instructional materi-als review adoption process. Other members may be administrators, parents, local school board members, other teachers, and mem-bers of the public. Kenneth McDonald writes, “A majority of those who are chosen to conduct such a review must be classroom teachers assigned to that subject area.” Conclusion

Now is the time for California teachers to be-come directly involved in their school dis-trict’s adoption and review process. With the option of local control, with teachers playing a chief role in the decision-making, and with greatly increased flexibility in the expendi-ture of state instructional material funds IN-CLUDING their use for teacher professional development, AB 1246 can be a major factor in the successful implementation of the Com-mon Core Mathematics Standards.

ReferencesCalifornia Department of Education (CDE). Instruction-

al Materials FAQ. www.cde.ca.gov/ci/cr/cf/ imfrpfaq1.asp.California Legislature. Assembly Bill No. 1246. leginfo.

legislature.ca. gov/faces/ billNavClient.xhtml?bill_id=20112012AB1246.

California Legislative Information. AB 1246 Instruction-al Materials. leginfo.legislature.ca.gov/faces/

billCompareClient.xhtml.McDonald, Kenneth. Personal e-mail. December 2012.

Editor’s Note: After reading this article, you may have

some questions or concerns regarding the implementa-

tion of AB 1246, which presents major changes to the

instructional materials adoption process. In order to

provide timely support to California educators, CMC’s

Outreach and Advocacy Committee is creating a dis-

cussion board to help people address some of the issues

and implications of this legislation. To become a part of

this interactive discussion board, go to the CMC web-

site (www.cmc-math.org) and look for the links relat-

ed to AB 1246.