Bill Text: CA SB1106 | 2015-2016 | Regular Session | Amended
Bill Title: Instructional materials: follow-up adoptions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB1106 Detail]
Download: California-2015-SB1106-Amended.html
BILL NUMBER: SB 1106 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 13, 2016
INTRODUCED BY Senator Leyva
FEBRUARY 17, 2016
An act to add Sections 18700.1, 18700.2, and 18700.3 to
the Health and Safety Code, relating to mobilehome parks, and making
an appropriation therefor. amend Section 60200 of, and
to add Section 60227 to, the Education Code, relating to
instructional materials.
LEGISLATIVE COUNSEL'S DIGEST
SB 1106, as amended, Leyva. Mobilehome parks.
Instructional materials: follow-up adoptions.
Existing law requires the State Board of Education to adopt
instructional materials for kindergarten and grades 1 to 8,
inclusive, and to adopt procedures for the submission of
instructional materials, and provides that instructional materials
may be submitted for adoption in specified subject areas every 8
years.
This bill would instead provide that instructional materials may
be submitted for adoption at least once but no more than twice every
8 years. The bill would require the State Department of Education,
before conducting a follow-up adoption, as defined, in a given
subject area to post a notice on the department's Internet Web site
and notify all publishers or manufacturers known to produce basic
instructional materials in that subject area that each publisher and
manufacturer choosing to participate in the follow-up adoption shall
be assessed a fee, as specified.
Existing law, known as the Mobilehome Parks Act, generally
regulates various classifications of mobilehome and related vehicle
parks. The Special Occupancy Parks Act generally regulates special
occupancy parks. Both acts impose related duties on the Department of
Housing and Community Development and local enforcement agencies.
Existing law provides that any person who willfully violates the act,
related building standards, or other related rules and regulations
adopted by the department is guilty of a misdemeanor, subject to
suspension or revocation of permits issued under the act, and liable
for a civil penalty for each violation or for each day of a
continuing violation. Existing law requires all fees or other moneys
accruing to the department to be deposited into the
Mobilehome-Manufactured Home Revolving Fund, which is continuously
appropriated to the department for carrying out the provisions of the
act.
This bill would authorize the Director of Housing and Community
Development or a local enforcement agency that has assumed
jurisdiction to issue citations that assess additional civil
penalties to any owner or operator, or both, of a mobilehome park,
special occupancy park, or registered owner of a manufactured home,
mobilehome, or recreational vehicle, or other responsible party when
he or she has permitted the continuation of a violation for at least
30 days after the expiration of a notice to correct the violation or
violations from the enforcement agency. The bill would prescribe the
amounts of those penalties and provide for a hearing on the
citations. By increasing revenues deposited into a continuously
appropriated fund, this bill would make an appropriation.
The bill would prescribe procedures for petitioning the department
to review and investigate the enforcement activities of the local
enforcement agency regarding the citation. Any hearing held pursuant
to these procedures would not be subject to the Administrative
Procedure Act.
Vote: 2/3 majority . Appropriation:
yes no . Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 60200 of the
Education Code is amended to read:
60200. The state board shall adopt basic instructional materials
for use in kindergarten and grades 1 to 8, inclusive, for governing
boards, subject to the following provisions:
(a) The state board shall adopt at least five basic instructional
materials for all applicable grade levels in each of the following
subject areas:
(1) Language arts, including, but not limited to, spelling,
reading, and English language development. The state board may not
adopt basic instructional materials in this subject area or the
subject area specified by paragraph (2) in the year succeeding the
year in which the state board adopts basic instructional materials in
this subject area for the same grade level.
(2) Mathematics. The state board may not adopt basic instructional
materials in this subject area or the subject area specified by
paragraph (1) in the year succeeding the year in which the state
board adopts basic instructional materials in this subject area for
the same grade level.
(3) Science.
(4) Social science.
(5) Bilingual or bicultural subjects.
(6) Any other subject, discipline, or interdisciplinary areas for
which the state board determines the adoption of instructional
materials to be necessary or desirable.
(b) The state board shall adopt procedures for the submission of
basic instructional materials in order to comply with each of the
following:
(1) Instructional materials may be submitted for adoption in any
of the subject areas pursuant to paragraphs (1) to (6), inclusive, of
subdivision (a) at least once but not more than twice
every eight years. The state board shall ensure that curriculum
frameworks are reviewed and adopted in each subject area and that the
criteria for evaluating instructional materials developed pursuant
to subdivision (b) of Section 60204 are consistent with subdivision
(c). The state board may prescribe reasonable conditions to restrict
the resubmission of materials that have been previously rejected if
those resubmitted materials have no substantive changes.
(2) If a publisher or manufacturer submits revisions to currently
adopted instructional material for review after the timeframe
specified by the state board, the department shall assess a fee on
the submitting publisher or manufacturer in an amount that shall not
exceed the reasonable costs to the department to conduct a review of
the instructional material pursuant to this section.
(3) Submitted instructional materials shall be adopted or rejected
within six months of the submission date of the materials pursuant
to paragraph (1) unless the state board determines that a longer
period of time, not to exceed an additional three months, is
necessary due to the estimated volume or complexity of the materials
for that subject in that year, or due to other circumstances beyond
the reasonable control of the state board.
(4) The process for review of instructional materials shall
involve review committees, which shall include, but not be limited
to, volunteer content experts and instructional material reviewers,
and shall be composed of a majority of classroom teachers from a wide
variety of affected grade levels and subject areas.
(5) The rules and procedures for adoption of instructional
materials shall be transparent and consistently applicable regardless
of the format of the instructional materials, which may include, but
not be limited to, print, digital, and open-source instructional
materials.
(c) In reviewing and adopting or recommending for adoption
submitted basic instructional materials, the state board shall use
the following criteria, and ensure that, in its judgment, the
submitted basic instructional materials meet all of the following
criteria:
(1) Are consistent with the criteria and the standards of quality
prescribed in the state board's adopted curriculum framework. In
making this determination, the state board shall consider both the
framework and the submitted instructional materials as a whole.
(2) Comply with the requirements of Sections 60040, 60041, 60042,
60043, 60044, 60048, 60200.5, and 60200.6, and the state board's
guidelines for social content.
(3) Are factually accurate and incorporate principles of
instruction reflective of current and confirmed research.
(4) Are aligned to the content standards adopted by the state
board in the subject area and the grade level or levels for which
they are submitted.
(5) Do not contain materials, including illustrations, that
provide unnecessary exposure to a commercial brand name, product, or
corporate or company logo. Materials, including illustrations, that
contain a commercial brand name, product, or corporate or company
logo may not be used unless the state board determines that the use
of the commercial brand name, product, or corporate or company logo
is appropriate based on one of the following specific findings:
(A) If text, the use of the commercial brand name, product, or
corporate or company logo in the instructional materials is necessary
for an educational purpose, as defined in the guidelines or
frameworks adopted by the state board.
(B) If an illustration, the appearance of a commercial brand name,
product, or corporate or company logo in an illustration in
instructional materials is incidental to the general nature of the
illustration.
(6) Meet other criteria as are established by the state board as
being necessary to accomplish the intent of Section 7.5 of Article IX
of the California Constitution and of Section 1 of Chapter 1181 of
the Statutes of 1989, provided that the criteria are approved by
resolution at the time the resolution adopting the framework for the
current adoption is approved, or at least 12 months before the date
that the materials are to be approved for adoption.
(d) If basic instructional materials are rejected, the state board
shall provide a specific, written explanation of the reasons why the
submitted materials were not adopted, based on one or more of the
criteria established under subdivision (c). In providing this
explanation, the state board may use, in whole or in part, materials
written by the Superintendent or any other advisers to the state
board.
(e) The state board may adopt fewer than five basic instructional
materials in each subject area for each grade level if either of the
following occurs:
(1) Fewer than five basic instructional materials are submitted.
(2) The state board specifically finds that fewer than five basic
instructional materials meet the criteria prescribed by paragraphs
(1) to (5), inclusive, of subdivision (c), or the materials fail to
meet the state board's adopted curriculum framework. If the state
board adopts fewer than five basic instructional materials in any
subject for any grade level, the state board shall conduct a review
of the degree to which the criteria and procedures used to evaluate
the submitted materials for that adoption were consistent with the
state board's adopted curriculum framework.
(f) This section does not limit the authority of the state board
to adopt materials that are not basic instructional materials.
(g) Consistent with the quality criteria for the state board's
adopted curriculum framework, the state board shall prescribe
procedures to provide the most open and flexible materials submission
system and ensure that the adopted materials in each subject, taken
as a whole, provide for the educational needs of the diverse pupil
populations in the public schools, provide collections of
instructional materials that illustrate diverse points of view,
represent cultural pluralism, and provide a broad spectrum of
knowledge, information, and technology-based materials to meet the
goals of the program and the needs of pupils.
(h) Upon making an adoption, the state board shall make available
to listed publishers and manufacturers and all school interests a
listing of instructional materials, including the most current unit
cost of those materials as computed pursuant to existing law. Items
placed upon lists shall remain thereon, and be available for
procurement through the state's systems of financing, from the date
of the adoption of the item and until a date established by the state
board. The date established by the state board for continuing items
on that list shall be the date on which the state board adopts
instructional materials based on a new or revised curriculum
framework. Lists of adopted instructional materials shall be made
available by subject and grade level to school districts and posted
on the department's Internet Web site, and shall include information
from the reports of findings from the review committees pursuant to
paragraph (4) of subdivision (b). The lists shall terminate and shall
no longer be effective on the date prescribed by the state board
pursuant to this subdivision.
(i) The state board may approve multiple lists of instructional
materials, without designating a grade or subject, and the state
board may designate more than one grade or subject whenever it
determines that a single subject designation or a single grade
designation would not promote the maximum efficiency of pupil
learning. Any materials so designated may be placed on single grade
or single subject lists, or multigrade or interdisciplinary lists, or
may be placed on separate lists including other materials with
similar grade or subject designations.
(j) A composite listing in the format of an order form may be used
to meet the requirements of this section.
(k) The lists maintained pursuant to this section shall not be
deemed to control the use period by any school district.
(l) The state board shall give publishers the opportunity to
modify instructional materials, in a manner provided for in
regulations adopted by the state board, if the state board finds that
the instructional materials do not comply with paragraph (5) of
subdivision (c).
(m) This section does not prohibit the publisher of instructional
materials from including whatever corporate name or logo on the
instructional materials that is necessary to provide basic
information about the publisher, to protect its copyright, or to
identify third-party sources of content.
(n) The state board may adopt regulations that provide for other
exceptions to this section, as determined by the state board.
(o) The Superintendent shall develop, and the state board shall
adopt, guidelines to implement this section.
SEC. 2. Section 60227 is added to the
Education Code , to read:
60227. (a) For purposes of this section, a follow-up adoption is
any adoption other than the primary adoption that occurs within the
eight-year cycle established pursuant to subdivision (b) of Section
60200.
(b) Before conducting a follow-up adoption in a given subject
area, the department shall post an appropriate notice on the
department's Internet Web site pursuant to subdivision (c) and notify
all publishers or manufacturers known to produce basic instructional
materials in that subject area.
(c) The notice shall specify that each publisher or manufacturer
choosing to participate in the follow-up adoption shall be assessed a
fee based on 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 follow-up
adoption process and shall reflect the department's best estimate of
the cost. The department shall take reasonable steps to limit costs
of the follow-up 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, before incurring substantial costs for the
follow-up adoption, shall require that a publisher or manufacturer
who wishes to participate in the follow-up adoption first declare the
intent to submit one or more specific programs for the follow-up
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, the department shall assess a fee. The fee shall be
payable by the publisher or manufacturer even if the publisher or
manufacturer subsequently chooses to withdraw a program or reduce the
number of grade levels covered. A submission by a publisher or
manufacturer shall not be reviewed for purposes of adoption, either
in a follow-up adoption or in any other primary or follow-up 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 follow-up adoption.
(2) Upon the request of a small publisher or manufacturer, the
state board may reduce the fee for participation in the follow-up
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) Revenue derived from fees charged pursuant to subdivision (e)
shall be budgeted as reimbursements and subject to review through the
annual budget process and may be used to pay costs associated with
any adoption and any costs associated with the review of
instructional materials.
SECTION 1. Section 18700.1 is added to the
Health and Safety Code, to read:
18700.1. (a) In addition to other remedies provided in this part,
the Director of Housing and Community Development or his or her
designee, or an employee authorized by a local enforcement agency
that has assumed jurisdiction pursuant to Section 18300, may issue a
citation that assesses a civil penalty to any owner or operator, or
both, of a mobilehome park or registered owner of a manufactured
home, mobilehome, or recreational vehicle, or other responsible party
who violates this part or regulations adopted pursuant to this part,
if the owner or operator, or both, or registered owner of a
manufactured home, mobilehome, or recreational vehicle, or other
responsible party has permitted the continuation of a violation for
at least 30 days after the expiration of a notice to correct the
violation or violations from the enforcement agency. Each citation
and related civil penalty assessment shall be issued no later than
seven months after issuance of the notice to correct that is the
basis of the citation. The penalties provided for in this section are
in addition to the penalties specified in Section 18700.
(b) (1) The amount of a civil penalty assessed pursuant to
subdivision (a) shall be one hundred dollars ($100) for each
violation that the enforcement agency determines is a hazard
constituting an unreasonable risk to life, health, or safety, but
shall be increased to two hundred fifty dollars ($250) for each
subsequent violation of the same prohibition for which a citation for
the subsequent violation is issued within one year of the citation
for the previous violation.
(2) The amount of a civil penalty assessed pursuant to subdivision
(a) shall be two hundred dollars ($200) for each violation that the
enforcement agency determines is an imminent hazard representing an
immediate risk to life, health, and safety and requiring immediate
correction, but shall be increased to five hundred dollars ($500) for
each subsequent violation of the same prohibition for which a
citation for the subsequent violation is issued within one year of
the citation for the previous violation.
(3) The civil penalties assessed pursuant to this section shall be
payable to the enforcement agency, notwithstanding any other
provision of law. Whether or not the violation or violations, if
applicable, giving cause for the citation are corrected, payment of
the civil penalty shall be remitted to the enforcement agency within
45 days of the issuance of the citation.
(c) Any person or entity served a citation pursuant to this
section may petition the director or his or her designee or the
authorized representative of the local enforcement agency, where
applicable, to dismiss or modify the citation. The petition shall be
a written request briefly stating the grounds for the request. Any
petition to be considered shall be received by the department or the
local enforcement agency within 30 days of the date of issuance of
the citation.
(d) (1) Upon receipt of a timely and complying petition, the
enforcement agency shall suspend enforcement of the citation and set
a time and place for an informal hearing and shall give the recipient
of the citation written notice thereof.
(2) The hearing shall commence no later than 30 days following
receipt of the petition or at another time scheduled by the
enforcement agency pursuant to a request by the petitioner or the
enforcement agency, if the enforcement agency determines that good
and sufficient cause exists.
(3) If the petitioner fails to appear at the time and place
scheduled for the hearing, the enforcement agency may notify the
petitioner in writing that the petition is dismissed and that
compliance with the terms of the citation is required within 10 days
after receipt of the notification.
(e) The enforcement agency shall notify the petitioner in writing
of its decision and the reasons therefor within 30 days following
conclusion of the informal hearing held pursuant to this section. If
the enforcement agency upholds the citation, in whole or in part, the
petitioner shall comply with the citation in accordance with the
decision within 30 days after the decision is mailed by the
enforcement agency.
SEC. 2. Section 18700.2 is added to the Health
and Safety Code, to read:
18700.2. (a) A mobilehome park owner or operator, or the
registered owner of a manufactured home, mobilehome, recreational
vehicle, or other responsible party, who (1) has received a citation
with civil penalties issued pursuant to Section 18700.1 by an
enforcement agency other than the department, and (2) has received a
final, formal order from the enforcement agency following an informal
hearing on a submitted petition, shall be entitled to petition the
department to review and investigate, as necessary, the enforcement
activities of the local enforcement agency.
(b) The petition shall be in writing and shall include the
following:
(1) A copy of the original notice of violation, and citation.
(2) A copy of the enforcement agency's written determination, if
an informal hearing was held.
(3) A copy of the enforcement agency's final formal order.
(4) A clear and concise explanation of the issues that the
petitioner continues to dispute.
(c) The department shall consider the petition in conjunction with
the department's responsibility to monitor local enforcement
activity pursuant to Section 18306.
(1) Within 60 working days of the receipt of the petition, the
department shall review the petition and provide the petitioner with
written notice of whether the activities of the local agency require
investigation by the department.
(2) If the department has determined that the activities of the
local agency require investigation by the department, the written
notice to the petitioner shall provide a timeframe for the
investigation.
(3) If the department investigates the enforcement activities of a
local agency in response to one or more petitions provided pursuant
to subdivision (a), the department shall notify each petitioner
within 60 days of the results of the department's investigation.
(d) If the department finds that the notice of violation,
citation, written determination, or final, formal order issued by the
local enforcement agency reflects nonenforcement of the law, the
department shall initiate corrective action pursuant to subdivision
(d) of Section 18300. This corrective action shall include, but not
be limited to, cancellation of the civil citation.
SEC. 3. Section 18700.3 is added to the Health
and Safety Code, to read:
18700.3. Notwithstanding any other provision of law, any hearing
held pursuant to Section 18700.1 or 18700.2 shall not be subject to
Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3
of Title 2 of the Government Code.
