BILL NUMBER: AB 1398	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 14, 2009

INTRODUCED BY   Assembly Member Blumenfield
    (   Coauthor:   Assembly Member  
Fletcher   ) 
    (   Coauthor:   Senator   Padilla
  ) 

                        FEBRUARY 27, 2009

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1398, as amended, 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   revise  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.  This bill would provide that its provisions not be
construed to relieve a school district of the obligation to provide
pupils with sufficient textbooks or instructional materials, as
specified. The bill would prohibit a school district from procuring
this electronic equipment pursuant to the bill if a county office of
education determines that the district is out of compliance with this
obligation. 
   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 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 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 a member of a governing board, a city,
county, city and county, or district superintendent of schools, and
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)  (1)    "Technology-based materials" means
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 
    (2)     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. 
   (3) Nothing in this subdivision shall be construed to relieve a
school district of the obligation to provide pupils with sufficient
textbooks or instructional materials pursuant to paragraph (1) of
subdivision (c) of Section 60119. If a county office of education
determines that a school district is out of compliance with paragraph
(1) of subdivision (c) of Section 60119, that school district is not
authorized to procure electronic equipment pursuant to paragraph (2)
of this subdivision. 
   (n) "Test" means a device used to measure the knowledge or
achievement of pupils.