BILL ANALYSIS
AB 487
Page A
CONCURRENCE IN SENATE AMENDMENTS
AB 487 (Brownley and Anderson)
As Amended July 14, 2009
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |78-0 |(June 2, 2009) |SENATE: |39-0 |(August 24, |
| | | | | |2009) |
-----------------------------------------------------------------
Original Committee Reference: ED.
SUMMARY : Authorizes the State Board of Education (SBE), the
governing board of a school district, or a county office of
education (COE) to sell surplus or obsolete undistributed
instructional materials and makes changes to the existing
restrictions placed on the disposal of such materials.
Specifically, this bill :
The Senate amendments delete the requirement that 50% of the
proceeds of any sale of surplus or undistributed obsolete
instructional materials made under the provisions of this bill
be remitted to the state and deposited in the General Fund (GF)
and instead require all of the proceeds of any sale of surplus
or obsolete instructional materials be made available for school
districts and COEs to acquire basic instructional materials,
supplemental instructional materials, or technology-based
materials.
EXISTING LAW :
1)Requires the SBE to adopt basic instructional materials for
use in kindergarten and grades 1-8, inclusive, consistent with
the six- and eight-year adoption cycles for all subject areas.
2)Authorizes the SBE and school districts to dispose of surplus
or undistributed obsolete instructional materials that are
usable for educational purposes, to specified entities,
including by sale to any organization that agrees to use the
materials solely for educational purposes and to make no
charge of any kind to the persons to whom the organization
gives or lends the materials.
AS PASSED BY THE ASSEMBLY , this bill required that 50% of the
AB 487
Page B
proceeds of any sale of surplus or undistributed obsolete
instructional materials made under the provisions of this bill
be remitted to the state and deposited in the GF and authorized
the remaining 50% be made available for school districts and
COEs to acquire basic instructional materials, supplemental
instructional materials, or technology-based materials.
FISCAL EFFECT : This bill is keyed non-fiscal.
COMMENTS : Current law requires the SBE to adopt basic
instructional materials for use in kindergarten and grades 1-8,
inclusive, in language arts, mathematics, science, social
science, and bilingual or bicultural subjects not less than two
times every six years, and not less than two times every eight
years in any other subject for which the SBE determines the
adoption of instructional materials to be necessary or
desirable. Current law requires local governing boards to
provide pupils with standards-aligned textbooks or basic
instructional materials no later than 24 months<1> after those
materials have been adopted by the SBE. Essentially, districts
have had to purchase materials every year.
According to the author, "Over the last four fiscal years the
Legislature has appropriated more than $1.3 billion for the
acquisition of instructional materials to be used in
California's nearly 10,000 schools." The resources coupled with
the frequent adoptions and requirements for districts to
purchase new instructional materials, assures that there is and
will continue to be a steady abundance of used, surplus, and
obsolete instructional materials. Nevertheless, districts have
limited options for the disposal of such materials.
Some school districts dispose of used obsolete instructional
materials by donating them to non-profit entities that, in turn,
pass the books on to others such as individuals, home schooling
groups or overseas organizations. Districts may also donate
them to libraries, children or adults for the purpose of
increasing the general literacy of people; or, districts may
sell them to an organization that agrees to use the materials
solely for educational purposes and that agrees will not charge
for those materials. This bill does not limit the ability of
---------------------------
<1> The enactment of SB 4 3X (Ducheny), Chapter 12, Statutes of
2009, the education budget trailer bill, provides districts
flexibility with regards to the 24-month purchasing requirement
until July 1, 2010.
AB 487
Page C
school districts to donate or transfer their surplus or obsolete
materials directly to any other party or for any other use
currently allowed. Other school districts dispose of the
materials as a combination of solid waste disposal and
recycling, and others pay for storage of these materials.
Previous legislation: AB 1342 (Mendoza) of 2007, changes the
restrictions placed on the SBE and school districts in the
disposal of surplus or undistributed obsolete instructional
materials. AB 1342 was held in the Assembly Education
Committee.
AB 2654 (Coto) of 2006, authorizes the sale of usable surplus or
undistributed obsolete instructional materials by school
districts to organizations that would be permitted, with an
assurance the materials will be used for educational purposes,
to sell the materials for a profit. AB 2654 was held in the
Senate Appropriations Committee.
AB 93 (Jerome Horton) of 2005, allows school districts to sell
surplus and obsolete instructional materials to any organization
that agrees to use the materials only for educational purposes
and that agrees not to resell the materials for a profit. AB 93
was held in the Assembly Education Committee.
Analysis Prepared by : Marisol Avi?a / ED. / (916) 319-2087
FN: 0002001