BILL NUMBER: AB 1398	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Blumenfield

                        FEBRUARY 27, 2009

   An act to amend Section 60010 of the Education Code, relating to
instructional materials.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1398, as introduced, Blumenfield. Technology-based materials.
   Existing law defines specified terms used in provisions of law
related to instructional materials, including technology-based
materials. Existing law defines technology-based materials as basic
or supplemental instructional materials that are designed as learning
resources and that require the availability of electronic equipment
in order to be used. However, the technology-based materials do not
include the electronic equipment required to make use of those
materials.
   This bill would change the definition of technology-based
materials to specify that they may include the electronic equipment
required in order to use them if that equipment is to be used by
pupils and teachers as a learning resource.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.

   AB 1398, as introduced, Blumenfield. Technology-based materials.
   Existing law defines specified terms used in provisions of law
related to instructional materials, including technology-based
materials. Existing law defines technology-based materials as basic
or supplemental instructional materials that are designed as learning
resources and that require the availability of electronic equipment
in order to be used. However, the technology-based materials do not
include the electronic equipment required to make use of those
materials.
   This bill would change the definition of technology-based
materials to specify that they may include the electronic equipment
required in order to use them if that equipment is to be used by
pupils and teachers as a learning resource.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.

   AB 1398, as introduced, Blumenfield. Technology-based materials.
   Existing law defines specified terms used in provisions of law
related to instructional materials, including technology-based
materials. Existing law defines technology-based materials as basic
or supplemental instructional materials that are designed as learning
resources and that require the availability of electronic equipment
in order to be used. However, the technology-based materials do not
include the electronic equipment required to make use of those
materials.
   This bill would change the definition of technology-based
materials to specify that they may include the electronic equipment
required in order to use them if that equipment is to be used by
pupils and teachers as a learning resource.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 60010 of the Education Code is amended to read:

   60010.  For  the purpose   purposes  of
this part, the following terms have the following meanings unless the
context in which they appear clearly requires otherwise:
   (a) "Basic instructional materials" means instructional materials
that are designed for use by pupils as a principal learning resource
and that meet in organization and content the basic requirements of
the intended course.
   (b) "Commission" means the Curriculum Development and Supplemental
Materials Commission.
   (c) "Curriculum framework" means an outline of the components of a
given course of study designed to provide state direction to school
districts in the provision of instructional programs.
   (d) "District board" means the board of education or governing
board of  any   a  county, city and county,
city, or other district that has the duty to provide for the
education of the children in its county, city and county, city, or
district.
   (e) "Elementary school" means all public schools in which
instruction is given through grade 8 or in any one or more of those
grades.
   (f) "Governing boards" means the state board and any one or more
district boards.
   (g) "High school" means all public schools other than elementary
schools in which instruction is given through grade 12, or in any one
or more of those grades.
   (h) "Instructional materials" means all materials that are
designed for use by pupils and their teachers as a learning resource
and help pupils to acquire facts, skills, or opinions or to develop
cognitive processes. Instructional materials may be printed or
nonprinted, and may include textbooks, technology-based materials,
other educational materials, and tests.
   (i) "Nonpublic school" means a school that both satisfies the
requirements of Section 48222, and is exempt from taxation under
Section 214 of the Revenue and Taxation Code.
   (j) "School official" means  any   a 
member of  any   a  governing board,
 any   a  city, county, city and county, or
district superintendent of schools, and  any  
a  principal, teacher, or other employee under his or her
charge.
   (k) "State board" means the State Board of Education.
   () "Supplementary instructional materials" means instructional
materials designed to serve, but not be limited to, one or more of
the following purposes, for a given subject, at a given grade level:
   (1) To provide more complete coverage of a subject or subjects
included in a given course.
   (2) To provide for meeting the various learning ability levels of
pupils in a given age group or grade level.
   (3) To provide for meeting the diverse educational needs of pupils
with a language disability in a given age group or grade level.
   (4) To provide for meeting the diverse educational needs of pupils
reflective of a condition of cultural pluralism.
   (m) "Technology-based materials" means  those 
basic or supplemental instructional materials that are designed for
use by pupils and teachers as learning resources and that require the
availability of electronic equipment in order to be used as a
learning resource. Technology-based materials include, but are not
limited to, software programs, video disks, compact disks, optical
disks, video and audio tapes, lesson plans, and data bases.
Technology-based materials do not include the  electronic 
equipment required to make use of those materials  , unless that
equipment is to be used by pupils and teachers as a learning resource
 .
   (n) "Test" means  any   a  device used
to measure the knowledge or achievement of  students
  pupils  .

  SECTION 1.  Section 60010 of the Education Code is amended to read:

   60010.  For  the purpose   purposes  of
this part, the following terms have the following meanings unless the
context in which they appear clearly requires otherwise:
   (a) "Basic instructional materials" means instructional materials
that are designed for use by pupils as a principal learning resource
and that meet in organization and content the basic requirements of
the intended course.
   (b) "Commission" means the Curriculum Development and Supplemental
Materials Commission.
   (c) "Curriculum framework" means an outline of the components of a
given course of study designed to provide state direction to school
districts in the provision of instructional programs.
   (d) "District board" means the board of education or governing
board of  any   a  county, city and county,
city, or other district that has the duty to provide for the
education of the children in its county, city and county, city, or
district.
   (e) "Elementary school" means all public schools in which
instruction is given through grade 8 or in any one or more of those
grades.
   (f) "Governing boards" means the state board and any one or more
district boards.
   (g) "High school" means all public schools other than elementary
schools in which instruction is given through grade 12, or in any one
or more of those grades.
   (h) "Instructional materials" means all materials that are
designed for use by pupils and their teachers as a learning resource
and help pupils to acquire facts, skills, or opinions or to develop
cognitive processes. Instructional materials may be printed or
nonprinted, and may include textbooks, technology-based materials,
other educational materials, and tests.
   (i) "Nonpublic school" means a school that both satisfies the
requirements of Section 48222, and is exempt from taxation under
Section 214 of the Revenue and Taxation Code.
   (j) "School official" means  any   a 
member of  any   a  governing board,
 any   a  city, county, city and county, or
district superintendent of schools, and  any  
a  principal, teacher, or other employee under his or her
charge.
   (k) "State board" means the State Board of Education.
   () "Supplementary instructional materials" means instructional
materials designed to serve, but not be limited to, one or more of
the following purposes, for a given subject, at a given grade level:
   (1) To provide more complete coverage of a subject or subjects
included in a given course.
   (2) To provide for meeting the various learning ability levels of
pupils in a given age group or grade level.
   (3) To provide for meeting the diverse educational needs of pupils
with a language disability in a given age group or grade level.
   (4) To provide for meeting the diverse educational needs of pupils
reflective of a condition of cultural pluralism.
   (m) "Technology-based materials" means  those 
basic or supplemental instructional materials that are designed for
use by pupils and teachers as learning resources and that require the
availability of electronic equipment in order to be used as a
learning resource. Technology-based materials include, but are not
limited to, software programs, video disks, compact disks, optical
disks, video and audio tapes, lesson plans, and data bases.
Technology-based materials do not include the  electronic 
equipment required to make use of those materials  , unless that
equipment is to be used by pupils and teachers as a learning resource
 .
   (n) "Test" means  any   a  device used
to measure the knowledge or achievement of  students
  pupils  .

  SECTION 1.  Section 60010 of the Education Code is amended to read:

   60010.  For  the purpose   purposes  of
this part, the following terms have the following meanings unless the
context in which they appear clearly requires otherwise:
   (a) "Basic instructional materials" means instructional materials
that are designed for use by pupils as a principal learning resource
and that meet in organization and content the basic requirements of
the intended course.
   (b) "Commission" means the Curriculum Development and Supplemental
Materials Commission.
   (c) "Curriculum framework" means an outline of the components of a
given course of study designed to provide state direction to school
districts in the provision of instructional programs.
   (d) "District board" means the board of education or governing
board of  any   a  county, city and county,
city, or other district that has the duty to provide for the
education of the children in its county, city and county, city, or
district.
   (e) "Elementary school" means all public schools in which
instruction is given through grade 8 or in any one or more of those
grades.
   (f) "Governing boards" means the state board and any one or more
district boards.
   (g) "High school" means all public schools other than elementary
schools in which instruction is given through grade 12, or in any one
or more of those grades.
   (h) "Instructional materials" means all materials that are
designed for use by pupils and their teachers as a learning resource
and help pupils to acquire facts, skills, or opinions or to develop
cognitive processes. Instructional materials may be printed or
nonprinted, and may include textbooks, technology-based materials,
other educational materials, and tests.
   (i) "Nonpublic school" means a school that both satisfies the
requirements of Section 48222, and is exempt from taxation under
Section 214 of the Revenue and Taxation Code.
   (j) "School official" means  any   a 
member of  any   a  governing board,
 any   a  city, county, city and county, or
district superintendent of schools, and  any  
a  principal, teacher, or other employee under his or her
charge.
   (k) "State board" means the State Board of Education.
   () "Supplementary instructional materials" means instructional
materials designed to serve, but not be limited to, one or more of
the following purposes, for a given subject, at a given grade level:
   (1) To provide more complete coverage of a subject or subjects
included in a given course.
   (2) To provide for meeting the various learning ability levels of
pupils in a given age group or grade level.
   (3) To provide for meeting the diverse educational needs of pupils
with a language disability in a given age group or grade level.
   (4) To provide for meeting the diverse educational needs of pupils
reflective of a condition of cultural pluralism.
   (m) "Technology-based materials" means  those 
basic or supplemental instructional materials that are designed for
use by pupils and teachers as learning resources and that require the
availability of electronic equipment in order to be used as a
learning resource. Technology-based materials include, but are not
limited to, software programs, video disks, compact disks, optical
disks, video and audio tapes, lesson plans, and data bases.
Technology-based materials do not include the  electronic 
equipment required to make use of those materials  , unless that
equipment is to be used by pupils and teachers as a learning resource
 .
   (n) "Test" means  any   a  device used
to measure the knowledge or achievement of  students
  pupils  .