Article 8 - Fiscal Penalty

California Education Code — §§ 60150-60152

Sections (3)

Amended by Stats. 2024, Ch. 38, Sec. 83. (SB 153) Effective June 29, 2024.

(a)If the Superintendent determines that a school district has not provided sufficient textbooks or instructional materials pursuant to clause (i) of subparagraph (B) of paragraph (5) of subdivision (i) of Section 1240 or subdivision (d) of Section 35186, the department shall take all remedial actions described in subparagraph (B) of paragraph (5) of subdivision (i) of Section 1240, including purchasing textbooks and instructional materials.

(b)(1) A school district that the Superintendent determines has not provided sufficient textbooks or instructional materials pursuant to subdivision (a) shall be assessed a financial penalty equal to the amount of funding the school district would have received for the 2012–13 fiscal year for the

Instructional Materials Block Grant pursuant to Item 6110-189-0001 of Section 2.00 of the Budget Act of 2012, prior to the reduction pursuant to Section 12.42 of the Budget Act of 2012, as adjusted annually for cost of living pursuant to paragraph (2) of subdivision (d) of Section 42238.02 for the 2013–14 fiscal year through the fiscal year in which the school district was determined to have failed to provide sufficient textbooks or instructional materials.

(2)The financial penalty applied pursuant to paragraph (1) shall be a reduction to the principal apportionment made to the school district for the applicable fiscal year pursuant to Section 41330, 41332, or 41335, as applicable. However, a reduction pursuant to this subdivision shall not reduce the final apportionment below the amount necessary to meet the requirements of Section 6 of Article IX of the California Constitution, as specified in Section 41975, and Section 36 of Article XIII of

the California Constitution.

§ 60151

Amended by Stats. 2025, Ch. 428, Sec. 9. (AB 715) Effective January 1, 2026.

(a)(1) If the Superintendent determines, pursuant to a complaint filed with the Superintendent directly or an appeal of a local educational agency decision regarding a complaint, that a local educational agency violated subdivision (a) of Section 244, the department shall notify the local educational agency that it must take corrective action. If corrective action is not taken within 60 days, the department may use any means authorized by law to effect compliance.

(2)The department, pursuant to the notification made to a local educational agency

described in paragraph (1), may require specified corrective action be taken by the local educational agency, including, but not limited to, any of the following:

(A)Obtaining technical assistance from the Office of Civil Rights pursuant to Section 33802.

(B)Requiring the local educational agency to engage in regular reporting to the Office of Civil Rights and to use alternative instructional materials.

(C)(i) Require the local educational agency, in consultation with the Office of Civil Rights, to develop and implement an improvement plan to address discrimination and bias at its schoolsites.

(ii) If a violation involves antisemitism, the improvement plan pursuant to clause (i) shall be created in consultation with the

Antisemitism Prevention Coordinator established pursuant to Section 33803.1.

(3)Notwithstanding Section 60047, if instructional materials are found to violate subdivision (a) of Section 244, those instructional materials shall immediately and permanently be omitted from the all course materials and shall not be used in any current course offerings or any subsequent course offerings.

(4)Corrective action required pursuant to this subdivision shall be implemented as soon as possible and no later than the beginning of the next school year.

(b)A local educational agency that the Superintendent determines violated subdivision (a) of Section 244 shall be assessed a financial penalty against its total principal apportionment funding for the applicable fiscal year made to the local educational

agency pursuant to Sections 41330, 41332, and 41335, as applicable. The amount withheld shall not exceed the local educational agency’s total expenditures on the textbooks, instructional materials, supplemental instructional materials, or curriculum found to violate subdivision (a) of Section 244. A reduction pursuant to this subdivision shall not reduce the final apportionment below the amount necessary to meet the requirements of both Section 6 of Article IX of the California Constitution, as specified in Section 41975, and Section 36 of Article XIII of the California Constitution.

§ 60152

Added by Stats. 2025, Ch. 428, Sec. 10. (AB 715) Effective January 1, 2026.

(a)If a local educational agency or the Superintendent determines that, pursuant to a complaint filed directly with the Superintendent or on appeal of a local educational agency’s decision regarding a complaint, an organization contracted to provide any textbook, instructional material, professional development material, supplemental instructional material, or curriculum violates subdivision (a) of Section 244, the local educational agency or the Superintendent shall notify the organization that it must take corrective action. If corrective action is not taken within 60 days, the department may use any means authorized by law to

effect compliance.

(b)An organization that contracts to provide a textbook, instructional material, professional development material, supplemental instructional material, or

curriculum that the local educational agency or the Superintendent determines to be a violation of subdivision (a) of Section 244 shall do both of the following:

(1)Reimburse all funds received for their services from the local educational agency.

(2)(A) Disclose the determination that they have been found in violation of the state’s antidiscrimination laws by notifying every local educational agency that they are contracted with to provide services for and as part of any proposal to contract their services with a local educational agency.

(B)The disclosure made pursuant to subparagraph (A) shall conspicuously display hyperlinks to the published documentation of the determination

from the local educational agency or the Superintendent that the organization violated subdivision (a) of Section 244.

(c)For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.