1. (a) State Board of Education (SBE) adoptions of basic instructional materials shall be conducted according to the following requirements:

   1. (1) CDE staff shall prepare the following documents for review and approval of the SBE at a public meeting:

      1. (A) A Schedule of Significant Events specific to the subject matter adoption;
      2. (B) A notice of intent to hold an adoption with the information specified in section 9517.3(a)(2)(A) and (B);

   2. (2) A notice of intent to hold an adoption shall be posted on the CDE Web site and distributed to all publishers known to produce basic instructional materials in that subject.

      1. (A) A Schedule of Significant Events.
      2. (B) A statement that each publisher choosing to participate will be charged a fee as described in section 9517.3(a)(4).

      The notice shall include:

   3. (3) Each publisher shall provide a statement of intent to submit to the CDE in accordance with the dates set forth in the Schedule of Significant Events that specifies the following:

      1. (A) Number of programs that the publisher will submit.
      2. (B) Number of grade levels covered by each program.
   4. (4) Based on the information included in a publisher's statement of intent to submit, the CDE shall assess a fee of $8,000 per grade level for each program submitted for review. The fee shall be payable by the publisher even if the publisher subsequently chooses to withdraw a program or reduce the number of grade levels submitted for review.

   5. (5) A “small publisher” as defined in Education Code section 60213(d)(2), may request a reduction of the fee by submitting documentation in accordance with the date set forth in the Schedule of Significant Events, that includes the following:

      1. (A) A statement of earnings for the most recent three fiscal years.
      2. (B) A statement verifying the number of full-time employees excluding contracted employees.
      3. (C) A statement verifying that the small publisher is independently owned or operated and is not dominant in its field for the subject matter being submitted.
2. (b) Adoptions shall follow all other procedures set forth in this article.

Note: Authority cited: Sections 33031 and 60206, Education Code. Reference: Sections 60200 and 60213, Education Code.

History

1. New section filed 6-26-2014; operative 10-1-2014 (Register 2014, No. 26). For prior history, see Register 2013, No. 35.

2. Amendment of section heading, section and Note filed 1-12-2017; operative 4-1-2017 (Register 2017, No. 2).

3. Amendment of section heading, section and Note filed 1-11-2018; operative 1-11-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 2).