BILL NUMBER: AB 2635 AMENDED
AMENDED IN ASSEMBLY MARCH 22, 2010
INTRODUCED BY Assembly
FEBRUARY 19, 2010
An act to amend Section 60061 of the Education Code, relating to
LEGISLATIVE COUNSEL'S DIGEST
AB 2635, as amended, Arambula Portantino.
Education: instructional material.
Existing law imposes specified requirements on a publisher or
manufacturer of educational instructional material. If the publisher
or manufacturer willfully fails to comply with the requirements, it
is liable to the governing board, as specified.
This bill would specify that the publisher or manufacturer is also
liable to the governing board if the failure to comply with the
applicable requirements is due to gross negligence.
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 60061 of the Education Code is amended to read:
60061. (a) A publisher or manufacturer shall do all of the
(1) Furnish the instructional materials offered by the publisher
at a price in this state that, including all costs of transportation
to that place, does not exceed the lowest price at which the
publisher offers those instructional materials for adoption or sale
to any state or school district in the United States.
(2) Automatically reduce the price of those instructional
materials to any governing board to the extent that reductions are
made elsewhere in the United States.
(3) Provide any instructional materials free of charge in this
state to the same extent as that received by any state or school
district in the United States.
(4) Guarantee that all copies of any instructional materials sold
in this state are at least equal in quality to the copies of those
instructional materials that are sold elsewhere in the United States,
and are kept revised, free from all errors, and up to date as may be
required by the state board.
(5) Not in any way, directly or indirectly, become associated or
connected with any combination in restraint of trade in instructional
materials, or enter into any understanding, agreement, or
combination to control prices or restrict competition in the sale of
instructional materials for use in this state.
(6) Maintain a representative, office, or depository in the State
of California or arrange with an independently owned and operated
depository in the State of California to receive and fill orders for
(7) Provide to the state, at no cost, computer files or other
electronic versions of each state-adopted literary title and the
right to transcribe, reproduce, modify, and distribute the material
in braille, large print if the publisher does not offer a large print
edition, recordings, American Sign Language videos for the deaf, or
other specialized accessible media exclusively for use by pupils with
visual disabilities or other disabilities that prevent use of
standard instructional materials. Computer files or other electronic
versions of materials adopted shall be provided within 30 days of
request by the state as needed for the purposes described in this
subdivision as follows:
(A) Computer files or other electronic versions of literary titles
shall maintain the structural integrity of the standard
instructional materials, be compatible with commonly used braille
translation and speech synthesis software, and include corrections
and revisions as may be necessary.
(B) Computer files or other electronic versions of nonliterary
titles, including science and mathematics, shall be provided when
technology is available to convert those materials to a format that
maintains the structural integrity of the standard instructional
materials and is compatible with braille translation and speech
(b) Upon the willful failure or gross negligence of the publisher
or manufacturer to comply with the requirements
each requirement of this section, the publisher
or manufacturer shall be liable to the governing board in the amount
of three times the total sum that the publisher or manufacturer was
paid in excess of the price required under paragraphs (1), (2), and
(5) of subdivision (a), and in the amount of three times the total
value of the instructional materials and services that the governing
board is entitled to receive free of charge under subdivision (a).