60510. The state board, the governing board of a school district, or a county office of education may dispose of surplus or undistributed obsolete instructional materials in its possession that are usable for educational purposes in any of the following ways:
(a) By donation to a governing board, county free library, or other state institution.
(b) By donation to a public agency or institution of any territory or possession of the United States, or the government of a country that formerly was a territory or possession of the United States.
(c) By donation to a nonprofit charitable organization.
(d) By donation to children or adults in the State of California, or foreign countries for the purpose of increasing the general literacy of the people.
(e) By sale.
60510.1. All of the proceeds of any sale of surplus or undistributed obsolete instructional materials made pursuant to subdivision (e) of Section 60510 shall be available for school districts and county offices of education to acquire basic instructional materials, supplemental instructional materials, or technology-based materials.
60511. Any organization, agency, or institution receiving obsolete instructional materials donated pursuant to this article shall certify to the governing board of the school district or the county board of education, as appropriate, that it agrees to make no charge of any kind to the persons to whom the organization gives or lends those materials.
Basically, the district can give the materials away free to public agencies, nonprofit organizations or residents of California or foreign countries, or sell the materials. If they are donated the receiving organization cannot turn around and charge for them.
If sold, the money received must go back to purchase other instructional materials. If sold, the buyer of the materials may turn around and charge for them (used book dealers, for example). This is a new amendment to the law that went into effect in 2009.
Susan Martimo
Standards, Curriculum Frameworks and Instructional Materials Division
California Department of Education