SELECTION OF INSTRUCTIONAL MATERIALS

BOARD POLICY - 6161.1

The Board of Education expects that District instructional materials represent current knowledge, diverse perspectives, and support the use of effective 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 learn content standards and develop essential capacities 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 curriculum to ensure that they effectively support the District's adopted courses of study.

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. (Education Code 60200, 60210, 60605, 60605.8)

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)

Review Process

The Superintendent or designee shall establish a process by which instructional materials are reviewed for recommendation to the Board.  This process may involve an instructional materials review committee to evaluate and recommend instructional materials.

The review process shall involve teachers in a substantial manner and shall 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.

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 the selection or review of instructional materials shall not have a conflict of interest, as defined by administrative regulation, in the materials being reviewed.

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.

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 will be made available to the Board before adoption.

Public Hearing on Sufficiency of Instructional Materials

The Board shall annually conduct one or more public hearings on the sufficiency of the District's textbooks, technology-based materials, other instructional materials, and assessments. Technology-based materials include, but are not limited to, software programs, video discs, compact discs, optical discs, video and audio tapes, lesson plans, databases, and the electronic equipment required to make use of those materials by students and teachers as a learning resource. The hearing shall be held on or before the end of the eighth week from the first day students attend school per the traditional calendar for that year. (Education Code 60010, 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)

At the hearing(s), the Board shall determine, through a resolution, whether each student in each school, including each English learner, has sufficient textbooks or instructional materials which are aligned to the state content standards 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, 60605, 60605.1, 60605.3, 60605.8)

1. Mathematics
2. Science
3. History-Social Science
4. English language arts, including the English language development component of an adopted program
5.  World language
6. Health

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)

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 60119.

If the Board determines that there are insufficient textbooks or instructional materials, it 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 students  not have sufficient textbooks or instructional materials. The Board shall direct staff to submit a copy of the resolution to the County Superintendent of Schools no later than three business days after the hearing. 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)

Prohibition Against Refusal to Approve or Prohibit the Use of Specified Instructional Materials

The use of any textbook, instructional material, supplemental instructional material, or other curriculum for classroom instruction, or any book or other resource in a school library shall not be rejected or prohibited by the Board of Education or District on the basis that it includes a study of the role and contributions of any individual or group consistent with the requirements of Education Code 51204.5 and 60040, unless the study reflects adversely upon legally protected groups. Additionally, the Board may not prohibit such use on the basis that the study of the role and contributions contain inclusive or diverse perspectives.  (Education Code 243, 51501, 60044)

Complaints

Complaints concerning instructional materials shall be handled in accordance with Administrative Regulation 6161.1: Selection of Instructional Materials, Board Policy 1312.3: Uniform Complaint Policy, or Administrative Regulation 1312.4: Williams Uniform Complaint Policy, as applicable.

Legal Reference:

EDUCATION CODE
220                         Prohibition against discrimination
243                         Approval or prohibition of textbooks and instructional materials
35272                    Education and athletic materials
44805                    Enforcement of course of studies; use of textbooks, rules and 
                               regulations
49415                    Maximum textbook weight
51501                    Nondiscriminatory subject matter
51204.5                 History of California; history of people of all genders, ethnic and cultural groups to development of state and nation
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
60605-60605.8     Instructional materials and testing
60605.86-60605.88 Supplemental instructional materials aligned with Common Core Standards

CODE OF REGULATIONS, TITLE 5
9505-9530             Instructional materials

Policy Adopted: April 9, 1973
Policy Revised: February 7, 2017
Policy Revised: January 28, 2025

Administrative Regulation 6161.1 - Selection of Instructional Materials

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