January 8, 2001

§ 60119. Hearings;  steps to ensure availability of textbooks and instructional materials

             (a) For the 1999-2000 fiscal year and each fiscal year thereafter, in order to be eligible to receive funds available for the purposes of this article, the governing board of a school district shall take the following actions:

            (1) The governing board shall hold a public hearing or hearings at which the governing board shall encourage participation by parents, teachers, members of the community interested in the affairs of the school district, and bargaining unit leaders, and shall make a determination, through a resolution, as to whether each pupil in each school in the district has, or will have prior to the end of that fiscal year, sufficient textbooks or instructional materials, or both, in each subject that are consistent with the content and cycles of the curriculum framework adopted by the state board.

            (2)(A) If the governing board determines that there are insufficient textbooks or instructional materials, or both, the governing board shall provide information to classroom teachers and to the public setting forth the reasons that each pupil does not have sufficient textbooks or instructional materials, or both, and take any action, except an action that would require reimbursement by the Commission on State Mandates, to ensure that each pupil has sufficient textbooks or instructional materials, or both, within a two-year period from the date of the determination.

            (B) In carrying out subparagraph (A), the governing board may use money in any of the following funds:

            (i) Any funds available for textbooks or instructional materials, or both, from categorical programs, including any funds allocated to school districts that have been appropriated in the annual Budget Act.

            (ii) Any funds of the school district that are in excess of the amount available for each pupil during the prior fiscal year to purchase textbooks or instructional materials, or both.

            (iii) Any other funds available to the school district for textbooks or instructional materials, or both.

            (b) The governing board shall provide 10 days' notice of the public hearing or hearings set forth in subdivision (a).  The notice shall contain the time, place, and purpose of the hearing and shall be posted in three public places in the school district.

            (c) Except for purposes of Section 60252, governing boards of school districts that receive funds for instructional materials from any state source, are subject to the requirements of this section only in a fiscal year in which the Superintendent of Public Instruction determines that the base revenue limit for each school district will increase by at least 1 percent per unit of average daily attendance from the prior fiscal year.

            (d) The governing board of a school district is eligible to receive funds available for the purposes of this article for the 1994-95 fiscal year to the 1998-99 fiscal year, inclusive, whether or not the governing board complied with the public hearing requirement set forth in paragraph (1) of subdivision (a).

RESOLUTION OF THE BOARD OF TRUSTEES

OF THE ____________________ SCHOOL DISTRICT

IN COMPLIANCE WITH EDUCATION CODE § 60119

RESOLUTION NO: ______

            WHEREAS, Education Code section 60252 specifies that the governing boards of school districts are subject to the requirements of Education Code Section 60119 in order to receive funds for Pupil Textbooks and Instructional Materials Incentive Program (Education Code section 60252), and/or funds for instructional materials from any State source in a fiscal year in which the Superintendent of Public Instruction determines that the base revenue limit per average daily attendance (ADA) for each school district shall increase by at least one (1%) percent from the prior fiscal year.

            WHEREAS, as required by Education Code section 60119, the Governing Board has provided 10 days notice of the public hearing or hearings required by subdivision (b) of Education Code section 60119.

            WHEREAS, as required by Education Code section 60119, the notice set forth the time, place, and purpose of the hearing, and the notice was posted in three public places in the school district.

            WHEREAS, as required by Education Code section 60119, the Governing Board has held a public hearing at which the Governing Board encouraged participation by parents, teachers, members of the community interested in the affairs of the school district, and bargaining unit leaders.

            NOW, THEREFORE, BE IT RESOLVED, that after a public hearing held pursuant to Education Code section 60119, the Board of Trustees of the _____________________ School District hereby determines by this resolution, that each pupil in each school in the district has, or will have prior to the end of the fiscal year, sufficient textbooks or instructional materials, or both, in each subject that are consistent with the content and cycles of the curriculum framework adopted by the State Board.  The Superintendent is authorized to certify that the School District has complied with the requirements of Education Code section 60119 and sign the certification document.

            THIS RESOLUTION WAS ADOPTED at public meeting on February __, 2001.

AYES_____

NOES_____

ABSTAIN_____

ABSENT_____

ATTEST:

BY:_____________________________

            Clerk of the Board

Revised 2/2001

Generously provided by: Robert J. Henry, School and College Legal Services