BILL NUMBER: AB 2694 CHAPTERED
BILL TEXT
CHAPTER 269
FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2010
APPROVED BY GOVERNOR SEPTEMBER 23, 2010
PASSED THE SENATE AUGUST 24, 2010
PASSED THE ASSEMBLY AUGUST 25, 2010
AMENDED IN SENATE JUNE 30, 2010
AMENDED IN ASSEMBLY MAY 12, 2010
INTRODUCED BY Assembly Member Blumenfield
FEBRUARY 19, 2010
An act to amend Section 60010 of, and to add Section 60052 to, the
Education Code, relating to instructional materials.
LEGISLATIVE COUNSEL'S DIGEST
AB 2694, Blumenfield. Instructional materials.
Existing law provides for the adoption and selection of
instructional materials for use in the elementary and secondary
schools and defines "supplementary instructional materials" as
instructional materials that, for a given subject and at a given
grade level, provide for meeting the various learning ability levels
of pupils, or meeting the diverse educational needs of pupils with a
language disability or of pupils reflective of a condition of
cultural pluralism, or that provide more complete coverage of a
subject or subjects included in a given course.
This bill would include in the definition of "supplementary
instructional materials" instructional materials that use current
relevant technology that further engages interactive learning in the
classroom and beyond and would require the governing board of a
school district, when adopting instructional materials for use in
schools, to include relevant technology-based materials, as defined,
if the materials are both available and comparable to other,
equivalent instructional materials, as defined.
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.
( l ) "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.
(5) To use current, relevant technology that further engages
interactive learning in the classroom and beyond.
(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
audiotapes, lesson plans, and databases.
(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. However, this shall not be construed to authorize a school
district to replace computers or related equipment in an existing
computer lab or allow a school district to establish a new computer
lab.
(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.
SEC. 2. Section 60052 is added to the Education Code, to read:
60052. When adopting instructional materials for use in schools,
the governing board of a school district may include relevant
technology-based materials, as defined in subdivision (m) of Section
60010, if the materials are both available and comparable to other,
equivalent instructional materials, as defined in subdivision (h) of
Section 60010.