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Ban on Textbook Advertising – California

| Written by admin | No Comments | Updated on Jan 15, 2009 The content that follows was originally published on the Institute for Local Self-Reliance website at http://www.ilsr.org/rule/advertising/2523-2/
In September 1999, the state of California passed AB 116, banning commercial images in public school textbooks. AB 116 is a strong law, according to the Center for Commercial-Free Public Education. It backs up a California State Dept. of Education policy already on the books, prohibiting advertising in textbooks.

Thelaw was inspired by a sixth grade math textbook distributed nationally by McGraw-Hill. The book, Mathematics: Applications and Connections contains word problems asking students to figure out how much money they need to save to buy a pair of Nike shoes. Students are also taught fractions through counting M&Ms.

Unlike curricula directly sponsored and distributed by an advertiser, the book was state-approved and purchased with taxpayer money. Taxpayers were paying for the advertising disseminated to their children, who were a captive audience.

New York and Louisiana are considering laws similar to AB 116.

More Information:


AMENDED IN ASSEMBLY APRIL 15, 1999
AMENDED IN ASSEMBLY MARCH 18, 1999
AMENDED IN ASSEMBLY MARCH 9, 1999
CALIFORNIA LEGISLATURE — 1999-2000 REGULAR SESSION
ASSEMBLY BILL No. 116

Introduced by Assembly Member Mazzoni
(Coauthors: Assembly Members Alquist, Aroner, Thomson, and Washington)
January 5, 1999

Anact to amend Sections 60045 and 60200 of, and to add Section 60048 to, the Education Code, relating to instructional materials.

LEGISLATIVE COUNSEL’S DIGEST

AB 116, as amended, Mazzoni. Basic instructional materials: commercial brand name, product, corporate or company logo.

(1)Existing law requires all instructional materials adopted by any governing board for use in schools to be accurate, objective, and current, and suited to the needs and comprehension of pupils.

This bill would also require instructional materials to use proper grammar and spelling, except as specified.

(2)Under existing law, the State Board of Education is required to adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive, for school district governing boards. Existing law requires the state board, in reviewing and adopting or recommending for adoption basic instructional materials, to ensure that, in its judgment, the basic instructional materials are consistent with the criteria and the standards of quality prescribed in the state board’s adopted curriculum framework, comply with certain statutory requirements and the state board’s guidelines for social content, are factually accurate and incorporate principles of instruction reflective of current and confirmed research, adequately cover the subject area for the grade level or levels for which they are submitted, and meet certain other criteria.

This bill would add to these criteria, a determination by the state board that these basic instructional materials, do not contain materials, including illustrations, that provide unnecessary exposure to a commercial brand name, product, or corporate or company logo. This bill would further provide that basic instructional materials, including illustrations, that contain a commercial brand name, product, or corporate or company logo may not be used unless the board makes a specific finding that the use of the commercial brand name, product, or corporate or company logo is appropriate. The bill would require the State Board of Education to give publishers the opportunity to modify instructional materials that do not comply with these provisions.

This bill would also prohibit the governing board of a school district from adopting basic instructional materials, and other instructional materials required to be legally and socially compliant, including illustrations, that provide unnecessary exposure to a commercial brand name, product, or corporate or company logo and would provide that the governing board may not adopt basic instructional materials, and other instructional materials required to be legally and socially compliant, including illustrations, that contain a commercial brand name, product, or corporate or company logo unless the governing board makes a specific finding that the use of the commercial brand name, product, or corporate or company logo in the instructional materials is appropriate.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1. Section 60045 of the Education Code is amended to read:

60045.(a) All instructional materials adopted by any governing board for use in the schools shall be, to the satisfaction of the governing board, accurate, objective, and current and suited to the needs and comprehension of pupils at their respective grade levels.

(b)With the exception of literature and tradebooks, all instructional materials adopted by any governing board for use in schools shall use proper grammar and spelling. The state board may adopt regulations that provide for other allowable exceptions to this subdivision for educational purposes, as determined by the state board.

SEC. 2. Section 60048 is added to the Education Code to read:

60048.(a) Basic instructional materials, and other instructional materials required to be legally and socially compliant pursuant to Sections 60040 to 60047, inclusive, including illustrations, that provide unnecessary exposure to a commercial brand name, product, or corporate or company logo may not be adopted by a school district governing board.

(b)The governing board of a school district may not adopt basic instructional materials, and other instructional materials required to be legally and socially compliant pursuant to Sections 60040 to 60047, inclusive, including illustrations, that contain a commercial brand name, product, or corporate or company logo unless the governing board makes a specific finding pursuant to the criteria set forth in paragraph (5) of subdivision (c) of Section 60200 that the use of the commercial brand name, product, or corporate or company logo in the instructional materials is appropriate.

(c) Nothing in this section shall be construed to prohibit the publisher of instructional materials to include whatever corporate name or logo on the instructional materials that is necessary to provide basic information about the publisher or to protect its copyright.

(d)The state board may adopt regulations that provide for other allowable exceptions to this section, as determined by the state board.

SEC. 3. 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 categories:

(1) Language arts, including, but not limited to, spelling and reading.
(2) Mathematics.
(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 tobe 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 (5), inclusive, of subdivision (a) not less than two times every six years and in any of the subject areas pursuant to paragraph (6) of subdivision (a) not less than two times every eight years. The state board shall ensure that curriculum frameworks are reviewed and adopted in each subject area consistent with the six- and eight-year submission cycles 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)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.

(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) Adequately cover the subject area for 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 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 that cannot be achieved without using the commercial brand name, product, or corporate or company logo.

(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 this act, 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 30 months prior to 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 upon 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 commission 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) Nothing in this section shall limit the authority of the state board to adopt materials that are not basic instructional materials.

(g) If a district board establishes to the satisfaction of the state board that the state-adopted instructional materials do not promote the maximum efficiency of pupil learning in the district, the state board shall authorize that district governing board to use its instructional materials allowances to purchase materials as specified by the state board, in accordance with standards and procedures established by the state board.

(h) 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.

(i)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 board for continuing items on that list shall be the earlier of not more than six years from the date of adoption for instructional materials pertaining to subjective areas designated in paragraphs (1)to (5), inclusive, of subdivision (a), and not more than eight years from the date of adoption for instructional materials pertaining to subject areas designated in paragraph (6) of subdivision (a), or the date on which the state board adopts instructional materials based upon a new or revised curriculum framework. Lists of adopted materials shall be made available by subject and grade level. The lists shall terminate and shall no longer be effective on the date prescribed by the state board pursuant to this subdivision.

(j) 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.

(k) A composite listing in the format of an order form may be used to meet the requirements of this section.

(l) The lists maintained pursuant to this section shall not be deemed to control the use period by any local district.

(m)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).

SEC. 4 Sections 1 to 3, inclusive, of this act shall only apply to notices of “Invitation to Submit Basic Instructional Materials for Adoption in California” issued after January 1, 2000, and for other instructional materials submitted after January 1, 2000, to the State Board of Education for a determination of compliance with the requirements of Article 3 (commencing with Section 60040) of Chapter 1 of Part 33 of the Education Code.

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